I
106TH CONGRESS
2D SESSION
H. R. 4738
To establish the High Level Commission on Immigrant Labor Policy.
IN THE HOUSE OF REPRESENTATIVES
JUNE 23, 2000
Mr. KOLBE introduced the following bill; which was referred to the Committee
on the Judiciary, and in addition to the Committee on Education and the
Workforce, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
A BILL
To establish the High Level Commission on Immigrant
Labor Policy.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION. 1. SHORT TITLE.
This Act may be cited as the ‘‘Immigrant Labor Pol-
icy Review Act’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The unemployment rate in the United
States is at a record low.
(2) Many industries in the United States, in-
cluding agriculture, tourism, construction, nursing,
information technology, and other portions of the
service sector, are experiencing labor shortages.
(3) The inability to secure sufficient workers is
having a detrimental impact on the economy of the
United States and the standard of living for all peo-
ple in the United States.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the
High Level Commission on Immigrant Labor Policy (here-
inafter in this Act referred to as the ‘‘Commission’’).
SEC. 4. DUTIES.
(a) IN GENERAL.—The Commission shall study the
interactions between Federal immigration policy and the
labor markets for aliens in the United States, including
the following subjects:
(1) The adequacy of the supply of labor in the
United States and whether this supply needs to be
further supplemented with alien workers.
(2) The extent to which employers in the
United States rely upon the employment of a tem-
porary workforce.
(3) The economic impact and desirability of
maintaining statutory caps on nonimmigrant work-
ers.
(4) The extent to which employers in the
United States rely upon the employment of a work-
force that includes or consists of aliens who unlaw-
fully enter or remain in the United States.
(5) The extent of unemployment and under-
employment of workers who are United States citi-
zens or aliens lawfully admitted to the United States
for permanent residence.
(6) The effectiveness of United States labor
policies in stopping the flow into the United States
of illegal immigrants.
(7) Any other subject necessary to permit the
Commission to prepare the reports required under
section 8.
(b) CONSULTATION.—In conducting the study, the
Commission shall consult with migrant labor groups, non-
profit organizations, labor unions, pertinent business and
agriculture associations and organizations, State Gov-
ernors, law enforcement associations and organizations,
and relevant executive branch agencies and congressional
committees.
SEC. 5. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—The Commission
shall consist of 12 members, to be appointed as follows:
(1) 6 to be appointed by the President.
(2) 3 to be appointed by the Speaker of the
House of Representatives.
(3) 3 to be appointed by the President pro tem-
pore of the Senate.
(b) CONSULTATIONS.—In making appointments
under subsection (a)(1), the President shall consult with—
(1) the Attorney General in appointing 1 mem-
ber;
(2) the Chairman of the Federal Reserve Board
in appointing 1 member;
(3) the Secretary of Commerce in appointing 2
members; and
(4) the Secretary of Agriculture in appointing 2
members.
(c) TERMS.—Each member of the Commission shall
be appointed for the life of the Commission.
(d) VACANCIES.—A vacancy in the Commission shall
be filled in the manner in which the original appointment
was made.
(e) CHAIRPERSON.—The Chairman of the Federal
Reserve Board (or the Chairman of the Federal Reserve
Board’s designee) shall serve as the chairperson of the
Commission until such time as the members of the Com-
mission can elect a chairperson.
(f) BASIC PAY.—Each member shall serve without
pay. Each member shall receive travel expenses, including
per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(g) QUORUM.—A majority of the members shall con-
stitute a quorum for the transaction of business.
(h) MEETINGS.—The Commission shall meet at the
call of the chairperson.
SEC. 6. DIRECTOR AND STAFF; EXPERTS AND CONSULT-
ANTS.
(a) DIRECTOR.—The Commission shall have a direc-
tor who shall be appointed by the chairperson subject to
rules prescribed by the Commission.
(b) STAFF.—Subject to rules prescribed by the Com-
mission, the chairperson may appoint and fix the pay of
such additional personnel as the chairperson considers ap-
propriate.
(c) APPLICABILITY
OF CERTAIN CIVIL SERVICE
LAWS.—The director and staff of the Commission may be
appointed without regard to title 5, United States Code,
governing appointments in the competitive service, and
may be paid without regard to the requirements of chapter
51 and subchapter III of chapter 53 of such title relating
to classification and General Schedule pay rates, except
that an individual so appointed may not receive pay in
excess of the maximum annual rate of basic pay payable
for GS–15 of the General Schedule.
(d) EXPERTS AND CONSULTANTS.—The chairperson
may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, at rates
for individuals not to exceed the daily equivalent of the
maximum annual rate of basic pay payable for GS–15 of
the General Schedule.
(e) STAFF OF FEDERAL AGENCIES.—Upon request
of the chairperson, the head of any Federal agency may
detail, on a reimbursable basis, any of the personnel of
the agency to the Commission to assist the Commission
in carrying out its duties.
SEC. 7. POWERS.
(a) OBTAINING OFFICIAL DATA.—The chairperson
may secure directly from any Federal agency information
necessary to enable the Commission to carry out its duties.
Upon request of the chairperson, the head of the agency
shall furnish such information to the Commission to the
extent such information is not prohibited from disclosure
by law.
(b) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other Federal agencies.
(c) ADMINISTRATIVE SUPPORT SERVICES.—Upon the
request of the chairperson, the Administrator of General
Services shall provide to the Commission, on a reimburs-
able basis, the administrative support services necessary
for the Commission to carry out its duties.
(d) CONTRACT AUTHORITY.—The chairperson may
contract with and compensate government and private
agencies or persons for the purpose of conducting re-
search, surveys, and other services necessary to enable the
Commission to carry out its duties.
SEC. 8. REPORTS.
(a) INTERIM REPORT.—Not later than 6 months
after the date of the enactment of this Act, the Commis-
sion shall prepare and submit to the President and the
Congress an interim report on the following:
(1) The overall effectiveness of Federal immi-
gration and labor laws and policies in—
(A) protecting jobs held by citizens and na-
tionals of the United States, aliens who are law-
fully admitted to the United States for perma-
nent residence, aliens who are admitted as refu-
gees or are granted asylum, and other immi-
grants otherwise authorized to be employed in
the United States;
(B) preventing exploitation of alien immi-
grant and nonimmigrant workers;
(C) reducing the number of illegal border
crossings into the United States; and
(D) reducing the numbers of aliens unlaw-
fully employed in the United States.
(2) The impact of statutory numerical limita-
tions on the entry of immigrants and nonimmigrants
into the United States on the achievement of the
goals described in subparagraphs (A) through (D) of
paragraph (1).
(3) The impact of recent measures undertaken
in border areas to deter illegal border crossings on
the achievement of such goals.
(4) The impact of Federal alien labor laws and
policies on the overall economic performance within
the United States and economic performance within
the following sectors:
(A) Agriculture.
(B) Tourism and service.
(C) Construction.
(D) Nursing and health care.
(E) Apparel.
(F) Information technology.
(b) FINAL REPORT.—Not later than 1 year after the
date of the enactment of this Act, the Commission shall
prepare and submit to the President and the Congress a
final report that contains at least the following:
(1) Information that updates the findings re-
ported in the interim report on each of the issues de-
scribed in paragraphs (1) through (4) of subsection
(a).
(2) Recommendations for actions that the Com-
mission considers necessary—
(A) to curb illegal border crossings into the
United States;
(B) to curb unlawful employment of aliens
in the United States;
(C) to ensure adequate protection of the
workers described in subsection (a)(1)(A); and
(D) to ensure a stable and steady work-
force for industry in the United States.
(3) The viability of expanding the agricultural
guest worker program established under section
101(a)(15)(H)(ii)(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) and sec-
tion 218 of such Act (8 U.S.C. 1188) to any or all
of the following United States industries:
(A) Tourism and service.
(B) Construction.
(C) Nursing and health care.
(D) Apparel.
(E) Information technology.
(4) Recommendations for any additional actions
that the Commission determines would improve Fed-
eral immigration or labor laws or policies.
(5) Any other related information that the
Commission considers to be appropriate.
SEC. 9. TERMINATION.
The Commission shall terminate 6 months after the
date on which the Commission submits its final report
under section 8(b).
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as may be necessary to carry out this Act, which sums
shall remain available until expended.
Æ