Text: H.R.4548 — 106th Congress (1999-2000)All Information (Except Text)

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Introduced in House (05/25/2000)

 
[Congressional Bills 106th Congress]
[From the U.S. Government Printing Office]
[H.R. 4548 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4548

    To establish a pilot program creating a system of registries of 
 temporary agricultural workers to provide for a sufficient supply of 
     such workers, to amend the Immigration and Nationality Act to 
streamline procedures for the temporary admission and extension of stay 
 of nonimmigrant agricultural workers under the pilot program, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2000

Mr. Pombo (for himself, Mr. Chambliss, Mr. Hastings of Washington, Mr. 
   Pitts, Mr. Calvert, Mr. Wexler, Mr. Martinez, Mr. Radanovich, Mr. 
  Nussle, Mr. Boehner, Mr. McCollum, Mr. Kingston, Mr. Doolittle, Mr. 
 Foley, Mrs. Chenoweth-Hage, Mrs. Bono, and 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 jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
    To establish a pilot program creating a system of registries of 
 temporary agricultural workers to provide for a sufficient supply of 
     such workers, to amend the Immigration and Nationality Act to 
streamline procedures for the temporary admission and extension of stay 
 of nonimmigrant agricultural workers under the pilot program, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Agricultural 
Opportunities Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                TITLE I--AGRICULTURAL WORKER REGISTRIES

Sec. 101. Agricultural worker registries.
                         TITLE II--H-2C PROGRAM

Sec. 201. Employer applications and assurances.
Sec. 202. Search of registry.
Sec. 203. Issuance of visas and admission of aliens.
Sec. 204. Employment requirements.
Sec. 205. Program for the admission of temporary H-2C workers.
                  TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Enhanced worker protections and labor standards enforcement.
Sec. 302. Commission.
Sec. 303. Regulations.
Sec. 304. Determination and use of user fees.
Sec. 305. Funding for startup costs.
Sec. 306. Report to Congress.
Sec. 307. Effective date.
Sec. 308. Termination of program.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Adverse effect wage rate.--
                    (A) In general.--Except as provided in subparagraph 
                (B), 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 occupation in an area of intended 
                employment, if 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 determined by 
                the Secretary of Agriculture, provided no adverse 
                effect wage rate shall be more than the prior year's 
                average hourly earnings of field and livestock workers 
                for the State (or region that includes the State), as 
                determined by the Secretary of Agriculture.
                    (B) Exception.--If the prevailing rate of pay for 
                an activity is a piece rate, task rate, or group rate, 
                and the average hourly earnings of an employer's 
                workers employed in that activity, taken as a group, 
                are less than the prior year's average hourly earnings 
                of field and livestock workers in the State (or region 
                that includes the State), as determined by the 
                Secretary of Agriculture, the term ``adverse effect 
                wage rate'' means the prevailing piece rate, task rate, 
                or group rate for the activity plus such an amount as 
                is necessary to increase the average hourly earnings of 
                the employer's workers employed in the activity, taken 
                as a group, by 5 percent, or to the prior's years 
                average hourly earnings for field and livestock workers 
                for the State (or region that includes the State) 
                determined by the Secretary of Agriculture, whichever 
                is less.
            (2) Agricultural employment.--The term ``agricultural 
        employment'' means any service or activity that is considered 
        to be agriculture under section 3(f) of the Fair Labor 
        Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural labor 
        under section 3121(g) of the Internal Revenue Code of 1986. For 
        purposes of this paragraph, agricultural employment in the 
        United States includes, but is not limited to, employment under 
        section 101(a)(15)(H)(ii)(c) of the Immigration and Nationality 
        Act (as added by this Act).
            (3) Eligible.--The term ``eligible'' means, with respect to 
        employment, an individual who is not an unauthorized alien (as 
        defined in section 274A(h)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1324a(h)(3)) with respect to that 
        employment.
            (4) Employer.--The term ``employer'' means any person or 
        entity, including any farm labor contractor and any 
        agricultural association, that employs workers.
            (5) H-2C employer.--The term ``H-2C employer'' means an 
        employer who seeks to hire one or more nonimmigrant aliens 
        described in section 101(a)(15)(H)(ii)(c) of the Immigration 
        and Nationality Act (as added by this Act).
            (6) H-2C  worker.--The term ``H-2C worker'' means a 
        nonimmigrant described in section 101(a)(15)(H)(ii)(c) of the 
        Immigration and Nationality Act (as added by this Act).
            (7) Job opportunity.--The term ``job opportunity'' means a 
        specific period of employment provided by an employer to a 
        worker in one or more agricultural activities.
            (8) 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 employment, expressed in terms of the prevailing 
        method of pay for the agricultural activity in the area of 
        intended employment.
            (9) Registered worker.--The term ``registered worker'' 
        means an individual whose name appears in a registry.
            (10) Registry.--The term ``registry'' means an agricultural 
        worker registry established under section 101(a).
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (12) United states worker.--The term ``United States 
        worker'' means any worker, whether a United States citizen or 
        national, a lawfully admitted permanent resident alien, or any 
        other alien who is authorized to work in the job opportunity 
        within the United States other than an alien admitted pursuant 
        to section 101(a)(15)(H)(ii)(c) or section 218A of the 
        Immigration and Nationality Act, as in effect on the effective 
        date of this Act.

                TITLE I--AGRICULTURAL WORKER REGISTRIES

SEC. 101. AGRICULTURAL WORKER REGISTRIES.

    (a) Establishment of Registries.--
            (1) In general.--The Secretary of Labor shall establish and 
        maintain a system of registries containing a current database 
        of eligible United States workers who seek agricultural 
        employment and the employment status of such workers--
                    (A) to ensure that eligible United States workers 
                are informed about available agricultural job 
                opportunities and have the right of first refusal for 
                the agricultural jobs available through the registry; 
                and
                    (B) to provide timely referral of such workers to 
                agricultural job opportunities in the United States.
            (2) Geographic coverage.--
                    (A) Single state.--Each registry established under 
                paragraph (1) shall include the job opportunities in a 
                single State, except that, in the case of New England 
                States, two or more such States may be represented by a 
                single registry in lieu of multiple registries.
                    (B) Requests for inclusion.--Each State having any 
                group of agricultural producers seeking to utilize the 
                registry shall be represented by a registry, except 
                that, in the case of a New England State, the State 
                shall be represented by the registry covering the group 
                of States of which the State is a part.
            (3) Computer database.--The Secretary of Labor may 
        establish the registries as part of the computer databases 
        known as ``America's Job Bank'' and ``America's Talent Bank''.
            (4) Relation to process for importing h-2c workers.--
        Notwithstanding section 218A of the Immigration and Nationality 
        Act (as added by this Act), no petition to import an alien as 
        an H-2C worker may be approved by the Attorney General unless 
        the H-2C employer--
                    (A) has applied to the Secretary to conduct a 
                search of the registry of the State in which the job 
                opportunities for which H-2C workers are sought are 
                located; and
                    (B) has received a report or approved application 
                described in section 203(a)(1).
    (b) Registration.--
            (1) In general.--An eligible individual who seeks 
        employment in agricultural work may apply to be included in the 
        registry for the State in which the individual resides. 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 agricultural work;
                    (C) the registry or registries on which the 
                individual desires to be included;
                    (D) the specific qualifications and work experience 
                possessed by the applicant;
                    (E) the type or types of agricultural work the 
                applicant is willing to perform;
                    (F) such other information as the applicant wishes 
                to be taken into account in referring the applicant to 
                agricultural job opportunities; and
                    (G) such other information as may be required by 
                the Secretary.
            (2) Validation of employment authorization.--No person may 
        be included on any registry unless the Secretary of Labor has 
        requested and obtained from the Attorney General a 
        certification that the person is authorized to be employed in 
        the United States.
            (3) Employment verification system.--The Attorney General 
        shall establish a reliable automated employment eligibility 
        verification system to ensure that an employer who hires an H-
        2C worker does not hire for employment in the United States an 
        unauthorized alien (as defined in section 274A(h)(3) of the 
        Immigration and Nationality Act).
            (4) United states workers.--United States workers shall 
        have preference in referral by the registry, and may be 
        referred to any job opportunity nationwide for which they are 
        qualified and make a commitment to be available at the time and 
        place needed.
            (5) Use of registry.--Any United States agricultural 
        employer may use the registry.
            (6) Discretionary use for new hires.--An agricultural 
        employer may require prospective employees to register with a 
        registry as a means of assuring that its workers are eligible 
        to be employed in the United States.
            (7) Workers referred to job opportunities.--The name of 
        each registered worker who is referred and accepts employment 
        with an employer shall be classified as inactive 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.
            (8) Removal of names from a registry.--The Secretary shall 
        remove from the appropriate registry the name of any registered 
        worker who, on 3 separate occasions within a 3-month period, is 
referred to a job opportunity pursuant to this section, and who 
declines such referral or fails to report to work in a timely manner.
            (9) Voluntary removal.--A registered worker may request 
        that the worker's name be removed from a registry.
            (10) Removal by expiration.--The application of a 
        registered worker shall expire, and the Secretary shall remove 
        the name of such worker from the appropriate registry if the 
        worker has not accepted a job opportunity pursuant to this 
        section within the preceding 12-month period.
            (11) Reinstatement.--A worker whose name is removed from a 
        registry pursuant to paragraph (8), (9), or (10) may apply to 
        the Secretary for reinstatement to such registry at any time.
    (c) Confidentiality of Registries.--The Secretary shall maintain 
the confidentiality of the registries established pursuant to this 
section, and the information in such registries shall not be used for 
any purposes other than those authorized in this Act.
    (d) Advertising of Registries.--The Secretary shall widely 
disseminate, through advertising and other means, the existence of the 
registries for the purpose of encouraging eligible United States 
workers seeking agricultural job opportunities to register. The 
Secretary of Labor shall ensure that the information about the registry 
is made available to eligible workers through all appropriate means, 
including appropriate State agencies, groups representing farm workers, 
and nongovernmental organizations, and shall ensure that the registry 
is accessible to growers and farm workers.

                         TITLE II--H-2C PROGRAM

SEC. 201. EMPLOYER APPLICATIONS AND ASSURANCES.

    (a) Applications to the Secretary.--
            (1) In general.--Not later than 28 days prior to the date 
        on which an H-2C employer desires to employ an H-2C worker in a 
        temporary or seasonal agricultural job opportunity, the 
        employer shall, before petitioning for the admission of such a 
        worker, apply to the Secretary for the referral of a United 
        States worker or nonimmigrant agricultural worker through a 
        search of the appropriate registry, in accordance with section 
        202. Such application shall--
                    (A) describe the nature and location of the work to 
                be performed;
                    (B) list the anticipated period (expected beginning 
                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 question;
                    (E) describe the wages and other terms and 
                conditions of employment the employer will offer, which 
                shall not be less (and are not required to be more) 
                than those required by this section;
                    (F) contain the assurances required by subsection 
                (c);
                    (G) specify the foreign country or region thereof 
                from which alien workers should be admitted in the case 
                of a failure to refer United States workers under this 
                Act; and
                    (H) be accompanied by the payment of a registry 
                user fee determined under section 304(b)(1)(A) for each 
                job opportunity indicated under subparagraph (C).
            (2) Applications by associations on behalf of employer 
        members.--
                    (A) In general.--An agricultural association may 
                file an application under paragraph (1) for registered 
                workers on behalf of its employer 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 writing to comply with the 
                requirements of this Act.
    (b) Amendment of Applications.--Prior to receiving a referral of 
workers from a registry, an employer may amend an application under 
this subsection if the employer's need for workers changes. If an 
employer makes a material amendment to an application on a date which 
is later than 28 days prior to the date on which the workers on the 
amended application are sought to be employed, the Secretary may delay 
issuance of the report described in section 202(b) by the number of 
days by which the filing of the amended application is later than 28 
days before the date on which the employer desires to employ workers.
    (c) Assurances.--The assurances referred to in subsection (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 involving 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 temporary or seasonal.
                    (B) Seasonal basis.--For purposes of this Act, 
                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 its nature, may not 
                be continuous or carried on throughout the year.
                    (C) Temporary basis.--For purposes of this Act, 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 204 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, and in no case less than the 
        greater of the hourly wage prescribed under section 6(a)(1) of 
        the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)), or 
        the applicable State minimum wage.
            (4) Assurance of employment.--The employer shall assure 
        that the employer will not refuse to employ qualified 
        individuals referred under section 202, and will terminate 
        qualified individuals employed pursuant to this Act only for 
        lawful job-related reasons, including lack of work.
            (5) Assurance of compliance with labor laws.--
                    (A) In general.--An employer who requests 
                registered workers shall assure that, except as 
                otherwise provided in this Act, the employer 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 Seasonal 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 registry.--The employer 
        shall assure that, from the day an application for workers is 
        submitted under subsection (a), and continuing throughout 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 availability of the registry.
            (7) Assurance of advertising of job opportunities.--The 
        employer shall assure that not later than 14 days after 
        submitting an application to a registry for workers under 
        subsection (a) the employer will advertise the availability of 
        the job opportunities for which the employer is seeking workers 
        from the registry in a publication in the local labor market 
        that is likely to be patronized by potential farmworkers, if 
        any, and refer interested workers to register with the 
        registry.
            (8) Assurance of contacting former workers.--The employer 
        shall assure that the employer has made reasonable efforts 
        through the sending of a letter by United States Postal Service 
        mail, or otherwise, to contact any eligible worker the employer 
        employed 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 
opportunities in the occupation at the place of intended employment 
known to such previous worker, unless the worker was terminated from 
employment by the employer for a lawful job-related reason or abandoned 
the job before the worker completed the period of employment of the job 
opportunity for which the worker was hired.
            (9) Assurance of provision of workers compensation.--The 
        employer shall assure that if the job opportunity is not 
        covered by the State workers' 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.
            (10) Assurance of payment of alien employment user fee.--
        The employer shall assure that if the employer receives a 
        notice of insufficient workers under section 202(c), such 
        employer shall promptly pay the alien employment user fee 
        determined under section 304(b)(1)(B) for each job opportunity 
        to be filled by an eligible alien as required under such 
        section.
    (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 association may withdraw an 
        application under subsection (a) with respect to one or more of 
        its members. To withdraw an application, the employer shall 
        notify 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 application is withdrawn, is relieved of 
        the obligations undertaken in the application.
            (2) Limitation.--An application may not be withdrawn while 
        any alien provided status under this Act 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 
        making 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.
            (2) Approval of applications.--If the Secretary determines 
        that an application meets the requirements of subsection (a), 
        and the employer is not ineligible to apply under paragraph 
        (2), (3), or (4) of section 301(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 Secretary determines 
        that an application fails to meet 1 or more of the requirements 
        of subsection (a), the Secretary, 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 rejection, 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 administrative law 
                judge of the rejection of the application.
            (4) Rejection for program violations.--The Secretary shall 
        reject the application of an employer under this section if--
                    (A) the employer has been determined to be 
                ineligible to employ workers under section 301(b); or
                    (B) the employer during the previous two-year 
                period employed H-2C workers or registered workers and 
                the Secretary of Labor has determined, after notice and 
                opportunity for a hearing, that the employer at any 
                time during that period substantially violated a 
                material term or condition of the assurances made with 
                respect to the employment of United States workers or 
                nonimmigrant workers.
        No employer may have applications under this section rejected 
        for more than 3 years for any violation described in this 
        paragraph.

SEC. 202. SEARCH OF REGISTRY.

    (a) Search Process and Referral to the Employer.--Upon the approval 
of an application under section 201(e), the Secretary shall promptly 
begin a search of the registry of the State (or States) in which the 
work is to be performed to identify registered United States 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 
employer's job opportunity and will make the affirmative commitment to 
work for the employer at the time and place needed. The Secretary shall 
provide to each worker who commits to work for the employer 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 
employer a report containing the name, address, and social security 
account number of each registered worker who has made the affirmative 
commitment described in subsection (a) to work for the employer on the 
date needed, together 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 referral of 
workers under this section.
    (c) Acceptance of Referrals.--H-2C employers shall accept all 
qualified United States worker referrals who make a commitment to 
report to work at the time and place needed and to complete the full 
period of employment offered, on the registry of the State in which the 
intended employment is located, and the immediately contiguous States. 
An employer shall not be required to accept more referrals than the 
number of job opportunities for which the employer applied to the 
registry.
    (d) Notice of Insufficient Workers.--If the report provided to the 
employer under subsection (b) does not include referral of a sufficient 
number of registered workers to fill all of the employer's job 
opportunities in the occupation for which the employer applied under 
section 201(a), the Secretary shall indicate in the report the number 
of job opportunities for which registered workers could not be 
referred, and shall 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.
    (e) User Fee for Certification To Employ Alien Workers.--With 
respect to each job opportunity for which a notice of insufficient 
workers is made, the Secretary shall require the payment of an alien 
employment user fee determined under section 304(b)(1)(B).

SEC. 203. ISSUANCE OF VISAS AND ADMISSION OF ALIENS.

    (a) In General.--
            (1) Number of admissions.--Subject to paragraph (2), the 
        Secretary of State shall promptly issue visas to, and the 
        Attorney General shall admit, as nonimmigrant aliens described 
        in section 101(a)(15)(H)(ii)(c) of the Immigration and 
        Nationality Act a sufficient number of eligible aliens 
        designated by the employer to fill the job opportunities of the 
        employer--
                    (A) upon receipt of a copy of the report described 
                in section 202(b);
                    (B) upon approval 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 subsection (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 Act.
    (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 202(b) or a report of insufficient workers pursuant to 
        section 202(d), by the date that is 7 days before the date on 
        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 application 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 workers. Such 
        an application shall include a copy of the employer's 
        application under section 201(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 expeditiously 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, if the employer has met the 
        requirements of sections 201 and 202. The employer shall be 
        subject to the alien employment user fee determined under 
        section 304(b)(1)(B) with respect to each job opportunity for 
        which the Secretary of State authorizes the issuance of a visa 
        pursuant to paragraph (2).
    (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 employer's 
                need for workers if a worker referred from the 
                registry--
                            (i) 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) is not ready, willing, able, or 
                        qualified to perform the work required; or
                            (iii) abandons the employment or is 
                        terminated for a lawful job-related reason.
                    (B) Additional authorization of admissions.--The 
                Secretary shall expeditiously, but in no case later 
                than 72 hours after a redetermination 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, if 
                the employer has met the requirements of sections 201 
                and 202 and the conditions described in subparagraph 
                (A).
            (2) Job-related requirements.--An employer shall not be 
        required to initially employ a worker who fails to meet lawful 
        job-related employment 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 minimum 
        production standards after a 3-day break-in period.
    (d) Emergency Applications.--Notwithstanding subsections (b) and 
(c), the Secretary may promptly transmit 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 Act in the 
        occupation in question in the prior year's agricultural 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 registry 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.
The employer shall be subject to the alien employment user fee 
determined under section 304(b)(1)(B) with respect to each job 
opportunity for which a notice of insufficient workers is made pursuant 
to this subsection.
    (e) Regulations.--The Secretary of State shall prescribe 
regulations to provide for the designation of aliens under this 
section.

SEC. 204. EMPLOYMENT REQUIREMENTS.

    (a) Required Wages.--
            (1) In general.--An employer applying under section 201(a) 
        for workers shall offer to pay, and shall pay, all workers in 
        the occupation or occupations 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. No worker shall be paid less than the 
        greater of the hourly wage prescribed under section 6(a)(1) of 
        the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)), or 
        the applicable State minimum wage.
            (2) Payment of prevailing wage determined by a state 
        employment security agency sufficient.--In complying with 
        paragraph (1), an employer may request and obtain a prevailing 
        wage determination from the State employment security agency. 
        If the employer requests such a determination, 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 prevailing wage survey that the 
        Secretary determines meets criteria specified by the Secretary 
        in regulations.
            (4) Alternative methods of payment permitted.--
                    (A) In general.--A prevailing wage may be expressed 
                as an hourly wage, a piece rate, a task rate, or other 
                incentive payment method, including 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 incentive 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 requirement if the average of the hourly 
                earnings of the workers, taken as a group, in 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, except that no worker shall be paid less 
                than the hourly wage prescribed under section 6(a)(1) 
                of the Fair Labor Standards Act of 1938 (29 U.S.C. 
                206(a)(1)) or the applicable State minimum wage.
                    (C) Task rate.--For purposes of this paragraph, the 
                term ``task rate'' means an incentive payment method 
                based on a unit of work performed such that the 
                incentive rate varies with the level of effort required 
                to perform individual units of work.
                    (D) Group rate.--For purposes of this paragraph, 
                the term ``group rate'' means an incentive payment 
                method in which the payment is shared among a group of 
                workers working together to perform the task.
    (b) Requirement To Provide Housing.--
            (1) In general.--
                    (A) Requirement.--An employer applying under 
                section 201(a) for registered workers shall offer to 
                provide housing at no cost (except for charges 
                permitted 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 place of residence is beyond normal commuting 
distance.
                    (B) Liability.--An employer not complying with 
                subparagraph (A) shall be liable to a registered worker 
                for the costs of housing equivalent to the type of 
                housing required to be provided under that subparagraph 
                and shall not be liable for any employment-related 
                obligation solely by reason of such noncompliance.
            (2) Type of housing.--In complying with paragraph (1), an 
        employer may, at the employer's election, provide housing that 
        meets applicable Federal standards for temporary labor camps or 
        secure housing that meets applicable local standards for rental 
        or public accommodation housing or other substantially similar 
        class of habitation, or, in the absence 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 production of livestock.--
        The Secretary shall issue regulations 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 employer who 
                provides housing to a worker pursuant 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.
                    (B) Security deposit.--An employer who provides 
                housing to workers pursuant to paragraph (1) may 
                require, as a condition for providing 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 responsible for damage to such 
                housing which is not the result of normal wear and tear 
                related to habitation to reimburse the employer for the 
                reasonable cost of repair of such damage.
            (6) Housing allowance as alternative.--
                    (A) In general.--In lieu of offering housing 
                pursuant to paragraph (1), the employer may provide a 
                reasonable housing allowance during the 3-year period 
                beginning on the effective date of this Act. After the 
                expiration of that period such allowance may be 
                provided only if the requirement of subparagraph (B) is 
                satisfied or, in the case of a certification under 
                subparagraph (B) that is expired, the requirement of 
                subparagraph (C) is satisfied. Upon the request of a 
                worker seeking assistance in locating housing, the 
                employer shall make a good faith effort to assist the 
                worker in identifying and locating housing in the area 
                of intended employment. An employer who offers a 
                housing allowance to a worker, or assists a worker in 
                locating housing which the worker occupies pursuant to 
                this subparagraph, shall not be deemed to be a housing 
                provider under section 203 of the Migrant and Seasonal 
                Agricultural Worker Protection Act (29 U.S.C. 1823) 
                solely by virtue of providing such housing allowance.
                    (B) Certification.--The requirement of this 
                subparagraph is satisfied if the Governor of the State 
                certifies to the Secretary that there is adequate 
                housing available in an area of intended employment for 
                migrant farm workers, and nonimmigrant aliens described 
                in section 101(a)(15)(H)(ii)(c) of the Immigration and 
                Nationality Act, who are seeking temporary housing 
                while employed at farm work. Such certification shall 
                expire after 3 years unless renewed by the Governor of 
                the State.
                    (C) Effect of certification.--Notwithstanding the 
                expiration of a certification under subparagraph (B) 
                with respect to an area of intended employment, a 
                housing allowance described in subparagraph (A) may be 
                offered for up to one year after the date of 
                expiration.
                    (D) Amount of allowance.--The amount of a housing 
                allowance under this paragraph shall be equal to the 
                statewide average fair market rental for existing 
                housing for nonmetropolitan counties for the State in 
                which the employment 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 202(a), or an alien employed 
        pursuant to this Act, who completes 50 percent of the period of 
        employment of the job opportunity for which the worker was 
        hired, shall be reimbursed by the employer for 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 202(a).
            (2) From place of employment.--A worker who is referred to 
        a job opportunity under section 202(a), or an alien employed 
        pursuant to this Act, who completes the period of employment 
        for the job opportunity involved, shall be reimbursed by the 
        employer for the cost of the worker's transportation and 
subsistence from the place of employment to the worker's place of 
residence, or to the place of next employment, if the worker has 
contracted with a subsequent employer who has not agreed to provide or 
pay for the worker's transportation and subsistence to such subsequent 
employer's place of employment.
            (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 lesser of--
                            (i) the actual cost to the worker or alien 
                        of the transportation and subsistence involved; 
                        or
                            (ii) the most economical and reasonable 
                        common carrier transportation charges and 
                        subsistence costs for the distance involved.
                    (B) Distance traveled.--No reimbursement under 
                paragraph (1) or (2) shall be required if the distance 
                traveled is 100 miles or less, or the worker is not 
                residing in employer-provided housing or housing 
                secured through a housing allowance as provided in 
                subsection (b)(6).
                    (C) Place of recruitment.--For the purpose of the 
                reimbursement required under paragraph (1) or (2) to 
                aliens admitted pursuant to this Act, the alien's place 
                of residence shall be deemed to be the place where the 
                alien was issued the visa authorizing admission to the 
                United States or, if no visa was required, the place 
                from which the alien departed the foreign country to 
                travel to the United States.
    (d) Continuing Obligation To Employ United States Workers.--
            (1) In general.--An employer that applies for registered 
        workers under section 201(a) shall, as a condition for the 
        approval of such application, continue to offer employment to 
        qualified, eligible United States workers who are referred 
        under section 202(b) after the employer receives the report 
        described in section 202(b).
            (2) Limitation.--An employer shall not be obligated to 
        comply with paragraph (1)--
                    (A) after 50 percent of the anticipated period of 
                employment shown on the employer's application under 
                section 201(a) has elapsed; or
                    (B) during any period in which the employer is 
                employing no H-2C workers 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 workers in the 
                occupation and area of intended employment to which the 
                worker has been referred, or in other occupations in 
                the area of intended employment for which the worker 
                that has been referred is qualified and that offer 
                substantially similar terms and conditions of 
                employment.
            (3) Limitation on requirement to provide housing.--
        Notwithstanding any other provision of this Act, 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 efforts to place a 
        registered worker in an open job acceptable 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 Act.

SEC. 205. PROGRAM FOR THE ADMISSION OF TEMPORARY H-2C WORKERS.

    (a) Establishment of New Nonimmigrant Category for Pilot Program 
Agricultural Workers.--Section 101(a)(15)(H)(ii) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)) is amended--
            (1) by striking ``or (b)'' and inserting ``(b)''; and
            (2) by adding at the end the following:
        `` or (c) having a residence in a foreign country which he has 
        no intention of abandoning who is coming temporarily to the 
        United States pursuant to section 218A to perform such 
        agricultural labor or services of a temporary or seasonal 
        nature;''.
    (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 in this paragraph'' and inserting ``specified in 
this subparagraph (other than in clause (ii)(c))''.
    (c) Alternative Agricultural Temporary Worker Program.--
            (1) In general.--The Immigration and Nationality Act is 
        amended by inserting after section 218 the following:

          ``alternative agricultural temporary worker program

    ``Sec. 218A. (a) Procedure for Admission of Aliens Who Are Outside 
the United States.--
            ``(1) Criteria for admissibility.--
                    ``(A) In general.--An alien described in section 
                101(a)(15)(H)(ii)(c) of the Immigration and Nationality 
                Act shall be admissible under this section if the alien 
                is designated pursuant to section 203 of the 
                Agricultural Opportunities Act, otherwise admissible 
                under this Act, and the alien is not ineligible under 
                subparagraph (B) or (C).
                    ``(B) 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 requirement to promptly 
                        depart the United States when the alien's 
                        authorized period 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.
                    ``(C) Foreign residence requirement.--No person 
                admitted under section 101(a)(15)(H)(ii)(c) or 
                acquiring such status after admission shall be eligible 
                to apply for another nonimmigrant visa under such 
                section until it is established that such person has 
                resided and been physically present in the country of 
                his nationality or his last residence for an aggregate 
                of a least 2 months following departure from the United 
                States.
                    ``(D) Burden of proof on unlawful presence.--
                Notwithstanding section 291, in the case of an alien 
                who has not previously been admitted to the United 
                States under this section, is not ineligible under 
                subparagraph (B) or (C), is described in subparagraph 
                (A), and is seeking admission under this section, the 
                alien shall not be considered inadmissible under 
                section 212(a)(9)(B) unless the alien's inadmissibility 
                is established by a preponderance of the evidence.
            ``(2) 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.
            ``(3) Abandonment of employment.--
                    ``(A) In general.--An alien admitted or provided 
                status under this section who abandons the employment 
                which was the basis for such admission or status shall 
                be considered to have failed to maintain nonimmigrant 
                status as an alien described in section 
                101(a)(15)(H)(ii)(c) and shall depart the United States 
                or be subject to removal under section 237(a)(1)(C)(i).
                    ``(B) Report by employer.--The employer (or 
                association acting as agent for the employer) shall 
notify the Attorney General within 7 days of an alien admitted or 
provided status under this Act pursuant to an application to the 
Secretary of Labor under section 201 of the Agricultural Opportunities 
Act who prematurely abandons the alien's employment.
                    ``(C) Removal by the attorney general.--The 
                Attorney General shall promptly remove from the United 
                States aliens admitted pursuant to section 
                101(a)(15)(H)(ii)(c) who have failed to maintain 
                nonimmigrant status or who have otherwise violated the 
                terms of a visa issued under this title.
                    ``(D) Voluntary termination.--Notwithstanding the 
                provisions of subparagraph (A), an alien may 
                voluntarily terminate his or her employment if the 
                alien promptly departs the United States upon 
                termination of such employment.
                    ``(E) Replacement of alien.--Upon presentation of 
                the notice to the attorney General required by 
                subparagraph (B), the Secretary of State shall promptly 
                issue a visa to, and the Attorney General shall admit, 
                an eligible alien designated by the employer to replace 
                an alien who abandons or prematurely terminates 
                employment.
            ``(4) Identification document and identification system.--
                    ``(A) In general.--Each alien admitted under this 
                section shall, upon receipt of a visa, be given an 
                identification and employment eligibility document to 
                verify eligibility for employment in the United States 
                and verify such person's proper identity.
                    ``(B) Requirements.--No identification and 
                employment eligibility document may be issued and no 
                identification system may be implemented which does not 
                meet the following requirements:
                            ``(i) The document and system shall be 
                        capable of reliably determining whether--
                                    ``(I) the individual with the 
                                identification and employment 
                                eligibility document whose eligibility 
                                is being verified is in fact eligible 
                                for employment,
                                    ``(II) the individual whose 
                                eligibility is being verified is 
                                claiming the identity of another 
                                person, and
                                    ``(III) the individual whose 
                                eligibility is being verified has been 
                                properly admitted under this section.
                            ``(ii) The document shall be in the form 
                        that is resistant to counterfeiting and to 
                        tampering.
                            ``(iii) The document and system shall--
                                    ``(I) be compatible with other 
                                Immigration and Naturalization Service 
                                databases and other Federal government 
                                databases for the purpose of excluding 
                                aliens from benefits for which they are 
                                not eligible and to determine whether 
                                the alien is illegally present in the 
                                United States, and
                                    ``(II) be compatible with law 
                                enforcement databases to determine if 
                                the alien has been convicted of 
                                criminal offenses.
    ``(b) Extension of Stay of Aliens in the United States.--
            ``(1) Extension of stay.--If an employer with respect to 
        whom a report or application described in section 203(a)(1) of 
        the Agricultural Opportunities Act has been submitted seeks to 
        employ an alien who has acquired status under this section and 
        who is lawfully present in the United States, the employer 
        shall file with the Attorney General an application for an 
        extension of the alien's stay or a change in the alien's 
        authorized employment. The application shall be accompanied by 
        a copy of the appropriate report or application described in 
        section 203 of the Agricultural Opportunities Act.
            ``(2) Limitation on filing an application for extension of 
        stay.--An application may not be filed to extend an alien's 
        stay if the granting of the application would permit the 
        alien's period of physical presence in the United States, under 
        the authority of the most recent nonimmigrant visa (or other 
        document providing nonimmigrant status) issued under section 
        101(a)(15)(H)(ii)(c), to exceed 12 months (disregarding any 
        period of continuous physical absence from the United States 
        exceeding 2 months during which the alien appears before a 
        consular officer outside of the United States for the purpose 
        of verifying the alien's identity by presenting the 
        identification and employment eligibility document provided 
        under subsection (a)(4)).
            ``(3) 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 receipt requested, 
        or delivered by guaranteed commercial 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 application with the alien's 
        identification and employment eligibility document as evidence 
        that the application has been filed and that the alien 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 employment, 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.
            ``(4) Limitation on employment authorization of aliens 
        without valid identification and employment eligibility card.--
        An expired identification and employment eligibility document, 
        together with a copy of an application for extension of stay or 
        change in the alien's authorized employment that complies with 
        the requirements of paragraph (1), shall constitute 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 acceptable.
            ``(5) Limitation on an individual's stay in status.--In the 
        case of a nonimmigrant granted an extension of stay under this 
        section, such extension may not permit the alien's total period 
        of physical presence in the United States, under the authority 
        of the nonimmigrant visa (or other document providing 
        nonimmigrant status) to which the extension applies, to exceed 
        12 months (disregarding any period of continuous physical 
        absence from the United States exceeding 2 months during which 
        the alien appears before a consular officer outside of the 
United States for the purpose of verifying the alien's identity by 
presenting the identification and employment eligibility document 
provided under subsection (a)(4)).''.
            (2) Clerical amendment.--The table of contents of the 
        Immigration and Nationality Act is amended by inserting after 
        the item relating to section 218 the following new item:

``Sec. 218A. Alternative agricultural temporary worker program.''.
    (d) Range Production of Livestock.--Nothing in this title shall 
preclude the Secretary of Labor and the Attorney General from 
continuing to apply special procedures to the employment, admission, 
and extension of aliens in the range production of livestock.
    (e) Verification of Return of Workers to Country of Origin.--The 
Attorney General shall establish a program to verify that H-2C workers 
are departing from the United States after the expiration of their 
authorized period of stay in the United States.

                  TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. ENHANCED WORKER PROTECTIONS AND LABOR STANDARDS ENFORCEMENT.

    (a) Enforcement Authority.--
            (1) Investigation of complaints.--
                    (A) Aggrieved person or third party complaints.--
                The Secretary shall establish a process for the 
                receipt, investigation, and disposition of complaints 
                respecting an employer's failure to meet a condition 
                specified in section 201 or an employer's 
                misrepresentation of material facts in an application 
                under that section, or violation of the provisions 
                described in subparagraph (B). Complaints may be filed 
                by any aggrieved person or any organization (including 
                bargaining representatives). No investigation or 
                hearing shall be conducted on a complaint concerning 
                such a failure or misrepresentation unless the 
                complaint was filed not later than 12 months after the 
                date of the failure or misrepresentation, as the case 
                may be. The Secretary shall conduct an investigation 
                under this paragraph if there is reasonable cause to 
                believe that such a failure or misrepresentation has 
                occurred.
                    (B) Expedited investigation of serious child labor, 
                wage, and housing violations.--The Secretary shall 
                complete an investigation and issue a written 
                determination as to whether or not a violation has been 
                committed within 10 days of the receipt of a complaint 
                pursuant to subparagraph (A) if there is reasonable 
                cause to believe that any of the following serious 
                violations have occurred:
                            (i) A violation of section 12(c) of the 
                        Fair Labor Standards Act of 1938 (29 U.S.C. 
                        212(c)).
                            (ii) A failure to make a wage payment, 
                        except that complaints alleging that an amount 
                        less than the wages due has been paid shall be 
                        handled pursuant to subparagraph (A).
                            (iii) A failure to provide the housing 
                        allowance required under section 204(b)(6).
                            (iv) Providing housing pursuant to section 
                        204(b)(1) that fails to comply with standards 
                        under section 204(b)(2) and which poses an 
                        immediate threat of serious bodily injury or 
                        death to workers.
                    (C) Statutory construction.--Nothing in this Act 
                limits the authority of the Secretary of Labor to 
                conduct any compliance investigation 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 Act.
            (2) Written notice of finding and opportunity for appeal.--
        After an investigation has been conducted, the Secretary shall 
        issue a written determination as to whether or not any 
        violation described in subsection (b) has been committed. The 
        Secretary's 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 administrative law judge, who 
may conduct a de novo hearing.
            (3) Ability of alien workers to change employers.--
                    (A) In general.--Pending the completion of an 
                investigation pursuant to paragraph (1)(A), the 
                Secretary may permit the transfer of an aggrieved 
                person who has filed a complaint under such paragraph 
                to an employer that--
                            (i) has been approved to employ workers 
                        under this Act; and
                            (ii) agrees to accept the person for 
                        employment.
                    (B) Replacement worker.--An aggrieved person may 
                not be transferred under subparagraph (A) until such 
                time as the employer from whom the person is to be 
                transferred receives a requested replacement worker 
                referred by a registry pursuant to section 202 of this 
                Act or provided status under section 
                101(a)(15)(H)(ii)(c) of the Immigration and Nationality 
                Act.
                    (C) Limitation.--An employer from whom an aggrieved 
                person has been transferred under this paragraph shall 
                have no obligation to reimburse the person for the cost 
                of transportation prior to the completion of the period 
                of employment referred to in section 204(c).
                    (D) Voluntary transfer.--Notwithstanding this 
                paragraph, an employer may voluntarily agree to 
                transfer a worker to another employer that--
                            (i) has been approved to employ workers 
                        under this Act; and
                            (ii) agrees to accept the person for 
                        employment.
    (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)(c) 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 determination that 
        the employer has failed to pay the wages required under this 
        Act, the Secretary may assess a civil money penalty up to 
        $1,000 for each person for whom the employer failed to pay the 
        required wage, 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)(c) of the Immigration 
        and Nationality Act for a period of 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 application under section 201(a) has--
                    (A) filed an application that misrepresents a 
                material fact;
                    (B) failed to meet a condition specified in section 
                201; or
                    (C) committed a serious violation of subsection 
                (a)(1)(B),
        the Secretary may seek a cease and desist order and assess a 
        civil money penalty not to exceed $1,000 for each violation and 
        may recommend to the Attorney General the disqualification of 
        the employer if the Secretary finds it to be a substantial 
        misrepresentation or violation of the requirements for the 
        employment of any United States workers or aliens described in 
        section 101(a)(15)(ii)(c) of the Immigration and Nationality 
        Act for a period of time determined by the Secretary not to 
        exceed 1 year. In determining the amount of civil money penalty 
        to be assessed 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, whether the employer obtained a 
        financial gain from the violation, whether the violation was 
        willful, and other relevant factors.
            (4) Expanded program disqualification.--
                    (A) 3 years for second violation.--Upon a second 
                final determination that an employer has failed to pay 
                the wages required under this Act, or a second final 
                determination that the employer has committed another 
                substantial violation under paragraph (3) in the same 
                category of violations, with respect to the same alien, 
                the Secretary shall report such determination to the 
                Attorney General and the Attorney General shall 
                disqualify the employer from the employment of aliens 
                described in section 101(a)(15)(H)(ii)(c) of the 
                Immigration and Nationality Act for a period of 3 
                years.
                    (B) Permanent for third violation.--Upon a third 
                final determination that an employer 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 
                disqualify the employer from any subsequent employment 
                of aliens described in section 101(a)(15)(H)(ii)(c) of 
                the Immigration and Nationality Act.
    (c) Role of Associations.--
            (1) Violation by a member of an association.--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 Act, as 
        though the employer had filed the application itself. If such 
        an employer is determined to have violated a requirement 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)(c) of the Immigration and Nationality 
        Act in an occupation in which such alien was employed by the 
        association during the period such disqualification is in 
        effect, unless such member files an application as an 
        individual employer or such application is filed on the 
        employer's behalf by an association with which the employer has 
        an agreement that the employer will comply with the 
        requirements of this Act.
    (d) Study of Agricultural Labor Standards and Enforcement.--
            (1) Commission on housing migrant agricultural workers.--
                    (A) Establishment.--There is established the 
                Commission on Housing Migrant Agricultural Workers (in 
                this paragraph referred to as the ``Commission'').
                    (B) Composition.--The Commission shall consist of 
                12 members, as follows:
                            (i) Four representatives of agricultural 
                        employers and one representative of the 
                        Department of Agriculture, each appointed by 
                        the Secretary of Agriculture.
                            (ii) Four representatives of agricultural 
                        workers and one representative of the 
                        Department of Labor, each appointed by the 
                        Secretary of Labor.
                            (iii) One State or local official 
                        knowledgeable about farmworker housing and one 
representative of Housing and Urban Development, each appointed by the 
Secretary of Housing and Urban Development.
                    (C) Functions.--The Commission shall conduct a 
                study of the problem of in-season housing for migrant 
                agricultural workers.
                    (D) Interim reports.--The Commission may at any 
                time submit interim reports to Congress describing the 
                findings made up to that time with respect to the study 
                conducted under subparagraph (C).
                    (E) Final report.--Not later than 3 years after the 
                date of enactment of this Act, the Commission shall 
                submit a report to Congress setting forth the findings 
                of the study conducted under subparagraph (C).
                    (F) Termination date.--The Commission shall 
                terminate upon filing its final report.
            (2) Study of relationship between child care and child 
        labor.--The Secretaries of Labor, Agriculture, and Health and 
        Human Services shall jointly conduct a study of the issues 
        relating to child care of migrant agricultural workers. Such 
        study shall address issues related to the adequacy of 
        educational and day care services for migrant children and the 
        relationship, if any, of child care needs and child labor 
        violations in agriculture. An evaluation of migrant and 
        seasonal Head Start programs (as defined in section 637(12) of 
        the Head Start Act) as they relate to these issues shall be 
        included as a part of the study.
            (3) Study of field sanitation.--The Secretary of Labor and 
        the Secretary of Agriculture shall jointly conduct a study 
        regarding current field sanitation standards in agriculture and 
        evaluate alternative approaches and innovations that may 
        further compliance with such standards.
            (4) Study of coordinated and targeted labor standards 
        enforcement.--The Secretary, in consultation with the Secretary 
        of Agriculture, shall conduct a study of the most persistent 
        and serious labor standards violations in agriculture and 
        evaluate the most effective means of coordinating enforcement 
        efforts between Federal and State officials. The study shall 
        place primary emphasis on the means by which Federal and State 
        authorities, in consultation with representatives of workers 
        and agricultural employers, may develop more effective methods 
        of targeting resources at repeated and egregious violators of 
        labor standards. The study also shall consider ways of 
        facilitating expanded education among agricultural employers 
        and workers regarding compliance with labor standards and 
        evaluate means of broadening such education on a cooperative 
        basis among employers and workers.
            (5) Report.--Not later than 3 years after the date of 
        enactment of this Act, with respect to each study required to 
        be conducted under paragraphs (2) through (4), the Secretary or 
        group of Secretaries required to conduct the study shall submit 
        to Congress a report setting forth the findings of the study.

SEC. 302. COMMISSION.

    The Attorney General is authorized and requested to establish a 
commission between the United States and each country not less than 
10,000 nationals of which are nonimmigrant aliens described in section 
101(a)(15)(H)(ii)(c) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(ii)(c)). Such commission shall provide a forum to the 
governments involved to discuss matters of mutual concern regarding the 
program for the admission of aliens under section 101(a)(15)(H)(ii)(c) 
of the Immigration and Nationality Act.

SEC. 303. 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 Act.
    (b) Regulations of the Secretary of State.--The Secretary of State 
shall consult with the Attorney General, the Secretary of Labor, and 
the Secretary of Agriculture on all regulations to implement the duties 
of the Secretary of State under this Act.
    (c) Regulations of the Secretary of Labor.--The Secretary shall 
consult with the Secretary of Agriculture and shall obtain the approval 
of the Attorney General on all regulations to implement the duties of 
the Secretary under this Act.
    (d) Deadline for Issuance of Regulations.--All regulations to 
implement the duties of the Attorney General, the Secretary of State, 
and the Secretary of Labor shall take effect on the effective date of 
this Act.

SEC. 304. DETERMINATION AND USE OF USER FEES.

    (a) Schedule of Fees.--The Secretary of Labor shall establish and 
periodically adjust a schedule for the registry user fee and the alien 
employment user fee imposed under this Act, and a collection process 
for such fees from employers participating in the programs provided 
under this Act. Such fees shall be the only fees chargeable to 
employers for services provided under this Act.
    (b) Determination of Schedule.--
            (1) In general.--The schedule under subsection (a) shall 
        reflect a fee rate based on the number of job opportunities 
        indicated in an employer's application under section 
        201(a)(1)(C) and sufficient to provide for the reimbursement of 
        the direct costs of providing the following services:
                    (A) Registry user fee.--Services provided through 
                the agricultural worker registries established under 
                section 101(a), including registration, referral, and 
                validation, but not including services that would 
                otherwise be provided by the Secretary of Labor under 
                related or similar programs if such registries had not 
                been established.
                    (B) Alien employment user fee.--Services related to 
                an employer's authorization to employ eligible aliens 
                pursuant to this Act, including the establishment and 
                certification of eligible employers, the issuance of 
                documentation, and the admission of eligible aliens.
            (2) Procedure.--
                    (A) In general.--In establishing and adjusting such 
                schedule, the Secretary of Labor shall comply with 
                Federal cost accounting and fee setting standards.
                    (B) Publication and comment.--The Secretary of 
                Labor shall publish in the Federal Register an initial 
                fee schedule and associated collection process and the 
                cost data or estimates upon which such fee schedule is 
                based, and any subsequent amendments thereto, pursuant 
                to which public comment will be sought and a final rule 
                issued.
    (c) Use of Proceeds.--
            (1) In general.--All proceeds resulting from the payment of 
        registry user fees and alien employment user fees shall be 
        available without further appropriation and shall remain 
        available without fiscal year limitation to reimburse the 
        Secretaries of Labor, State, and Agriculture, and the Attorney 
        General for the costs of carrying out section 218A of the 
        Immigration and Nationality Act and the provisions of this Act.
            (2) Limitation on enforcement costs.--In making a 
        determination of reimbursable costs under paragraph (1), the 
        Secretary of Labor shall provide that reimbursement of the 
        costs of enforcement under section 301 shall not exceed 10 
        percent of the direct costs of the Secretary described in 
        subparagraphs (A) and (B) of subsection (b)(1).

SEC. 305. FUNDING FOR STARTUP COSTS.

    If additional funds are necessary to pay the startup costs of the 
agricultural worker registries established under section 101(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.). Proceeds described in section 304(c) may be used to reimburse 
the use of such available amounts.

SEC. 306. REPORT TO CONGRESS.

    (a) Requirement.--Not later than 4 years after the effective date 
under section 307, the Resources, Community and Economic Development 
Division, and the Health, Education and Human Services Division, of the 
Office of the Comptroller General of the United States shall jointly 
prepare and transmit to the Committee on the Judiciary and the 
Committee on Agriculture of the House of Representatives and the 
Committee on the Judiciary and the Committee on Agriculture, Nutrition, 
and Forestry of the Senate a report describing the results of a review 
of the implementation of and compliance with this Act. The report shall 
address--
            (1) whether the program has ensured an adequate and timely 
        supply of qualified, eligible workers at the time and place 
        needed by employers;
            (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 participating 
        employers comply with the requirements of the program with 
        respect to the employment of United States workers and aliens 
        admitted under this program;
            (4) whether the program has ensured that aliens admitted 
        under this program are not displacing eligible, qualified 
        United States workers or diminishing the wages and other terms 
        and conditions of employment of eligible United States workers;
            (5) to the extent practicable, compare the wages and other 
        terms of employment of eligible United States workers and 
        aliens employed under this program with the wages and other 
        terms of employment of agricultural workers who are not 
        authorized to work in the United States;
            (6) whether the housing provisions of this program ensure 
        that adequate housing is available to workers employed under 
        this program who are required to be provided housing or a 
        housing allowance;
            (7) recommendations for improving the operation of the 
        program for the benefit of participating employers, eligible 
        United States workers, participating aliens, and governmental 
        agencies involved in administering the program; and
            (8) recommendations for the continuation or termination of 
        the program under this Act.
    (b) Advisory Board.--There shall be established an advisory board 
to be composed of--
            (1) four representatives of agricultural employers to be 
        appointed by the Secretary of Agriculture, including 
        individuals who have experience with the H-2C program; and
            (2) four representatives of agricultural workers to be 
        appointed by the Secretary of Labor, including individuals who 
        have experience with the H-2C program,
to provide advice to the Comptroller General in the preparation of the 
reports required under subsection (a).

SEC. 307. EFFECTIVE DATE.

    (a) In General.--This Act and the amendments made by this Act shall 
take effect on the date that is 1 year after the date of the enactment 
of this Act.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall prepare and submit to the 
appropriate committees of Congress a report that described the measures 
being taken and the progress made in implementing this Act.

SEC. 308. TERMINATION OF PROGRAM.

    This Act, and the amendments made by this Act, shall cease to be 
effective on the date that is 3 years after the effective date under 
section 307(a).
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