‘‘(l) MISCELLANEOUS PROVISIONS.—
‘‘(1) APPLICABILITY OF LABOR LAWS.—Except
as provided in paragraphs (2), (3), and (4), all Fed-
eral, State, and local labor laws (including laws af-
fecting migrant farm workers) applicable to United
States workers shall also apply to pilot program
aliens.
‘‘(2) LIMITATION OF WRITTEN DISCLOSURE IM-
POSED UPON RECRUITERS.—Any disclosure required
of recruiters under section of 201(a) of the Migrant
and Seasonal Agricultural Worker Protection Act
(29 U.S.C. 1821(a)) need not be given to pilot pro-
gram aliens prior to the time their visa is issued per-
mitting entry into the United States.
‘‘(m) REGULATIONS.—
‘‘(1) SELECTION OF AREAS.—The Secretary of
Agriculture shall select the areas under subsection
(a)(4) not later than 60 days after the date of the
enactment of the Temporary Agricultural Worker
Act of 1998.
‘‘(2) REGULATIONS OF THE SECRETARY.—The
Secretary shall consult with the Secretary of Agri-
culture, and the Attorney General shall approve, all
regulations dealing with the approval of labor condi-
tion attestations for pilot program aliens and en-
forcement of the requirements for employing pilot
program aliens under an approved attestation. The
Secretary shall promulgate, and the Attorney Gen-
eral shall approve, such regulations not later than
90 days after the date of the enactment of the Tem-
porary Agricultural Worker Act of 1998.
‘‘(3) REGULATIONS
OF
THE
ATTORNEY
GEN-
ERAL.—The Attorney General shall consult with the
Secretary of Agriculture on all regulations dealing
with the approval of petitions for admission or ex-
tension of stay of pilot program aliens and the re-
quirements for employing pilot program aliens and
the enforcement of such requirements. The Attorney
General shall promulgate such regulations not later
than 90 days after the date of the enactment of the
Temporary Agricultural Worker Act of 1998.
‘‘(n) DEFINITIONS.—For the purpose of this section:
‘‘(1) AGRICULTURAL ASSOCIATION.—The term
‘agricultural association’ means any nonprofit or co-
operative association of farmers, growers, or ranch-
ers incorporated or qualified under applicable State
law, which recruits, solicits, hires, employs, fur-
nishes, or transports any agricultural workers.
‘‘(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) EMPLOYER.—The term ‘employer’ means
any person or entity, including any independent con-
tractor and any agricultural association, that em-
ploys workers.
‘‘(4) PILOT PROGRAM ALIEN.—The term ‘pilot
program alien’ means an alien admitted to the
United States or provided status as a nonimmigrant
under section 101(a)(15)(H)(ii)(c).
‘‘(5) SECRETARY.—The term ‘Secretary’ means
the Secretary of Labor.
‘‘(6) 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 legally permitted to work in the job
opportunity within the United States other than an
alien admitted pursuant to this section.’’.
(b) CLERICAL 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 agricultural temporary worker program.’’.
SEC. 4. TEMPORARY REDUCTIONS IN DIVERSITY AND UN-
SKILLED WORKERS’ IMMIGRANT VISAS.
(a) TEMPORARY REDUCTION IN DIVERSITY VISAS.—
(1) IN GENERAL.—Beginning with the second
fiscal year in which the pilot program under sections
101(a)(15)(H)(ii)(c) and 218A of the Immigration
and Nationality Act is implemented, subject to para-
graph (2), the number of visas available for a fiscal
year under section 201(e) of that Act shall be re-
duced by 5,000 from the number of visas otherwise
available under such section 201(e) for such fiscal
year.
(2) LIMITATION.—In no case shall the reduc-
tion under paragraph (1) for a fiscal year exceed
one-half of the total number of aliens who were ad-
mitted to the United States, or provided status as
a nonimmigrant, pursuant to the pilot program dur-
ing the previous fiscal year.
(b) TEMPORARY REDUCTION IN UNSKILLED WORK-
ERS’ VISAS.—
(1) IN GENERAL.—Beginning with the second
fiscal year in which the pilot program under sections
101(a)(15)(H)(ii)(c) and 218A of the Immigration
and Nationality Act is implemented, subject to para-
graph (2), the number of visas available for a fiscal
year under section 203(b)(3)(A)(iii) of that Act shall
be reduced by 5,000 from the number of visas other-
wise available under such section 203(b)(3)(A)(iii)
for such fiscal year.
(2) LIMITATION.—In no case shall the reduc-
tion under paragraph (1) for a fiscal year exceed
one-half of the total number of aliens who were ad-
mitted to the United States, or provided status as
a nonimmigrant, pursuant to the pilot program dur-
ing the previous fiscal year.
(c) CONSTRUCTION.—This section shall not be con-
strued to supersede or affect the temporary reductions in
visa availability made by subsections (d) and (e) of section
203 of the Nicaraguan Adjustment and Central American
Relief Act (8 U.S.C. 1101 note; 8 U.S.C. 1153 note). The
reductions required under this section are in addition to,
and not in lieu of, the reductions required under that Act.
Æ