[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2337 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2337

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 21, 1998

 Mr. Smith  of Oregon (for himself, Mr. Wyden, Mr. Craig, Mr. Graham, 
   Mr. Gorton, Mr. Bumpers, Mr. Hatch, Mr. McConnell, and Mr. Mack) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To establish a system of registries of temporary agricultural workers 
  to provide for a sufficient supply of such workers and to amend the 
   Immigration and Nationality Act to streamline procedures for the 
 admission and extension of stay of nonimmigrant agricultural workers, 
                        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 Job 
Opportunity Benefits and Security Act of 1998''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Agricultural worker registries.
Sec. 4. Employer applications and assurances.
Sec. 5. Search of registry.
Sec. 6. Issuance of visas and admission of aliens.
Sec. 7. Employment requirements.
Sec. 8. Enforcement and penalties.
Sec. 9. Alternative program for the admission of temporary H-2A 
                            workers.
Sec. 10. Inclusion in employment-based immigration preference 
                            allocation.
Sec. 11. Migrant and seasonal Head Start program.
Sec. 12. Regulations.
Sec. 13. Funding from Wagner-Peyser Act.
Sec. 14. Effective date.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Adverse effect wage rate.--The term ``adverse effect 
        wage rate'' means the rate of pay for an agricultural 
        occupation that is 5-percent above the prevailing rate of pay 
        for that agricultural occupation in an area of intended 
        employment, if the average hourly equivalent of the prevailing 
        rate of pay for the occupation is less than the prior year's 
        average hourly earnings of field and livestock workers for the 
        State (or region that includes the State), as determined by the 
        Secretary of Agriculture. 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.
            (2) Agricultural employment.--The term ``agricultural 
        employment'' means any service or activity included within the 
        provisions of section 3(f) of the Fair Labor Standards Act of 
        1938 (29 U.S.C. 203(f)) or section 3121(g) of the Internal 
        Revenue Code of 1986 and the handling, planting, drying, 
        packing, packaging, processing, freezing, or grading prior to 
        delivery for storage of any agricultural or horticultural 
        commodity in its unmanufactured state.
            (3) Eligible.--The term ``eligible'' as used with respect 
        to workers or individuals, means individuals authorized to be 
        employed in the United States as provided for in section 
        274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 
        1188).
            (4) Employer.--The term ``employer'' means any person or 
        entity, including any independent contractor and any 
        agricultural association, that employs workers.
            (5) Job opportunity.--The term ``job opportunity'' means a 
        specific period of employment for a worker in one or more 
        specified agricultural activities.
            (6) Prevailing wage.--The term ``prevailing wage'' means 
        with respect to an agricultural activity in an area of intended 
        employment, the rate of wages that includes the 51st percentile 
        of employees in that agricultural activity in the area of 
        intended employment, expressed in terms of the prevailing 
        method of pay for the agricultural activity in the area of 
        intended employment.
            (7) Registered worker.--The term ``registered worker'' 
        means an individual whose name appears in a registry.
            (8) Registry.--The term ``registry'' means an agricultural 
        worker registry established under section 3(a).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (10) United states worker.--The term ``United States 
        worker'' means any worker, whether a United States citizen, a 
        United States national, or an alien who is authorized to work 
        in the job opportunity within the United States other than an 
        alien admitted pursuant to section 101(a)(15)(H)(ii)(a) or 218 
        of the Immigration and Nationality Act, as in effect on the 
        effective date of this Act.

SEC. 3. 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 to perform temporary 
        or seasonal agricultural work and the employment status of such 
        workers--
                    (A) to ensure that eligible United States workers 
                are informed about available agricultural job 
                opportunities;
                    (B) to maximize the work period for eligible United 
                States workers; and
                    (C) to provide timely referral of such workers to 
                temporary and seasonal agricultural job opportunities 
                in the United States.
            (2) Coverage.--
                    (A) Single state or group of states.--Each registry 
                established under paragraph (1) shall include the job 
                opportunities in a single State, or a group of 
                contiguous States that traditionally share a common 
                pool of seasonal agricultural workers.
                    (B) Requests for inclusion.--Each State requesting 
                inclusion in a registry, or having any group of 
                agricultural producers seeking to utilize the registry, 
shall be represented by a registry or by a registry of contiguous 
States.
    (b) Registration.--
            (1) In general.--An eligible individual who seeks 
        employment in temporary or seasonal agricultural work may apply 
        to be included in the registry for the State or States in which 
        the individual seeks employment. Such application shall 
        include--
                    (A) the name and address of the individual;
                    (B) the period or periods of time (including 
                beginning and ending dates) during which the individual 
                will be available for temporary or seasonal 
                agricultural work;
                    (C) the registry or registries on which the 
                individual desires to be included;
                    (D) the specific qualifications and work experience 
                possessed by the applicant;
                    (E) the type or types of temporary or seasonal 
                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 
                temporary or seasonal 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 Attorney General has 
        certified to the Secretary of Labor that the person is 
        authorized to be employed in the United States.
            (3) Workers referred to job opportunities.--The name of 
        each registered worker who is referred and accepts employment 
        with an employer pursuant to section 5 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 pursuant to 
        section 5.
            (4) Removal of names from a registry.--The Secretary shall 
        remove from all registries 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.
            (5) Voluntary removal.--A registered worker may request 
        that the worker's name be removed from a registry or from all 
        registries.
            (6) Removal by expiration.--The application of a registered 
        worker shall expire, and the Secretary shall remove the name of 
        such worker from all registries if the worker has not accepted 
        a job opportunity pursuant to this section within the preceding 
        12-month period.
            (7) Reinstatement.--A worker whose name is removed from a 
        registry pursuant to paragraph (4), (5), or (6) may apply to 
        the Secretary for 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 temporary or seasonal agricultural job opportunities to 
register.

SEC. 4. EMPLOYER APPLICATIONS AND ASSURANCES.

    (a) Applications to the Secretary.--
            (1) In general.--Not later than 21 days prior to the date 
        on which an agricultural employer desires to employ a 
        registered worker in a temporary or seasonal agricultural job 
        opportunity, the employer shall apply to the Secretary for the 
        referral of a United States worker through a search of the 
        appropriate registry, in accordance with section 5. 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); and
                    (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.
            (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 amends an application on a date which is later than 21 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 5(b) by the number of days by which the filing of 
the amended application is later than 21 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 7 to all workers employed in job 
        opportunities for which the employer has applied under 
        subsection (a) and to all other workers in the same occupation 
        at the place of employment.
            (4) Assurance of employment.--The employer shall assure 
        that the employer will refuse to employ individuals referred 
        under section 5, or terminate 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 the employer will, 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 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.
            (8) 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.
            (9) Assurance of unemployment insurance coverage.--The 
        employer shall assure that if the employer's employment is not 
        covered employment under the State's unemployment insurance 
        law, the employer will provide unemployment insurance coverage 
        for the employer's United States workers at the place of 
        employment for which the employer has applied for workers under 
        subsection (a).
    (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 8(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 the 
        employer has been determined to be ineligible to employ workers 
        under section 8(b) or subsection (b)(2) of section 218 of the 
        Immigration and Nationality Act (8 U.S.C. 1188).

SEC. 5. SEARCH OF REGISTRY.

    (a) Search Process and Referral to the Employer.--Upon the approval 
of an application under section 4(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 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 commit 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 committed 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) 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 4(a), the Secretary shall indicate in the report the number of 
job opportunities for which registered workers could not be referred, 
and promptly transmit a copy of the report to the Attorney General and 
the Secretary of State, by electronic or other means ensuring next day 
delivery.

SEC. 6. ISSUANCE OF VISAS AND ADMISSION OF ALIENS.

    (a) In General.--
            (1) Number of admissions.--The Secretary of State shall 
        promptly issue visas to, and the Attorney General shall admit, 
        a sufficient number of eligible aliens designated by the 
        employer to fill the job opportunities of the employer--
                    (A) upon receipt of a copy of the report described 
                in section 5(c);
                    (B) upon receipt of an application (or copy of an 
                application under subsection (b));
                    (C) upon receipt of the report required by 
                subsection (c)(1)(B); or
                    (D) upon receipt of a report under 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.
            (3) Agricultural associations.--Aliens admitted pursuant to 
        a report described in paragraph (1) may be employed by any 
        member of the agricultural association that has made the 
        certification required by section 4(a)(2)(B).
    (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 5(b) or a report of insufficient workers pursuant to 
        section 5(c), 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 4(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.
    (c) Redetermination of Need.--
            (1) Requests for redetermination.--
                    (A) In general.--An employer may file a request for 
                a redetermination by the Secretary of the needs of the 
                employer if--
                            (i) a worker referred from the registry is 
                        not at the place of employment on the date of 
                        need shown on the application, or the date the 
                        work for which the worker is needed has begun, 
                        whichever is later;
                            (ii) the worker is not ready, willing, 
                        able, or qualified to perform the work 
                        required; or
                            (iii) the worker 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.
            (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.
    (e) Regulations.--The Secretary of State shall prescribe 
regulations to provide for the designation of aliens under this 
section.

SEC. 7. EMPLOYMENT REQUIREMENTS.

    (a) Required Wages.--
            (1) In general.--An employer applying under section 4(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.
            (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 and 
        determination that meets criteria specified by the Secretary.
            (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, 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.
                    (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.--An employer applying under section 4(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 permanent place of 
residence is beyond normal commuting distance.
            (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) Reduced user fee for workers provided housing.--An 
        employer shall receive a credit of 40 percent of the payment 
        otherwise due pursuant to section 218(b) of the Immigration and 
        Nationality Act on the earnings of alien workers to whom the 
        employer provides housing pursuant to paragraph (1).
            (7) Housing allowance as alternative.--
                    (A) In general.--In lieu of offering housing 
                pursuant to paragraph (1), subject to subparagraphs (B) 
                through (D), the employer may on a case-by-case basis 
                provide a reasonable housing allowance. An employer who 
                offers a housing allowance to a worker pursuant to this 
                subparagraph shall not be deemed to be a 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) Limitation.--At any time after the date that is 
                3 years after the effective date of this Act, the 
                governor of the State may certify to the Secretary that 
                there is not sufficient housing available in an area of 
                intended employment of migrant farm workers or aliens 
                provided status pursuant to this Act who are seeking 
                temporary housing while employed at farm work. Such 
                certification may be canceled by the governor of the 
                State at any time, and shall expire after 5 years 
                unless renewed by the governor of the State.
                    (C) Effect of certification.--If the governor of 
                the State makes the certification of insufficient 
                housing described in subparagraph (A) with respect to 
                an area of employment, employers of workers in that 
                area of employment may not offer the housing allowance 
                described in subparagraph (A) after the date that is 5 
                years after such certification of insufficient housing 
                for such area, unless the certification has expired or 
                been canceled pursuant to subparagraph (B).
                    (D) Amount of allowance.--The amount of a housing 
                allowance under this paragraph 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 5(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, may apply to the Secretary for reimbursement of the cost 
        of the worker's transportation and subsistence from the 
        worker's permanent place of residence (or place of last 
        employment, if the worker traveled from such place) to the 
        place of employment to which the worker was referred under 
        section 5(a).
            (2) From place of employment.--A worker who is referred to 
        a job opportunity under section 5(a), or an alien employed 
        pursuant to this Act, who completes the period of employment 
        for the job opportunity involved, may apply to the Secretary 
        for reimbursement of the cost of the worker's transportation 
        and subsistence from the place of employment to the worker's 
        permanent place of residence (or place of next employment, if 
        the worker travels from the place of current employment to a 
        subsequent place of employment and is otherwise ineligible for 
        reimbursement under paragraph (1) with respect to such 
        subsequent 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 
                        transportation and subsistence costs that would 
                        have been incurred had the worker or alien used 
                        an appropriate common carrier, as determined by 
                        the Secretary.
                    (B) Distance traveled.--No reimbursement under 
                paragraph (1) or (2) shall be required if the distance 
                traveled is 100 miles or less.
            (4) Use of trust fund.--Reimbursements made by the 
        Secretary to workers or aliens under this subsection shall be 
        considered to be administrative expenses for purposes of 
        section 218A(b)(4) of the Immigration and Nationality Act, as 
        added by this Act.
    (d) Establishment of Pilot Program for Advancing Transportation 
Costs.--
            (1) In general.--The Secretary shall establish a pilot 
        program for the issuance of vouchers to United States workers 
        who are referred to job opportunities under section 5(a) for 
        the purpose of enabling such workers to purchase common carrier 
        transportation to the place of employment.
            (2) Limitation.--A voucher may only be provided to a worker 
        under paragraph (1) if the job opportunity involved requires 
        that the worker temporarily relocate to a place of employment 
        that is more than 100 miles from the worker's permanent place 
        of residence or last place of employment, and the worker 
        attests that the worker cannot travel to the place of 
        employment without such assistance from the Secretary.
            (3) Number of vouchers.--The Secretary shall award vouchers 
        under the pilot program under paragraph (1) to workers referred 
        from each registry in proportion to the number of workers 
        registered with each such registry.
            (4) Reimbursement.--
                    (A) Use of trust fund.--Reimbursements for the cost 
                of vouchers provided by the Secretary under this 
                subsection for workers who complete at least 50 percent 
                of the period of employment of the job opportunity for 
                which the worker was hired shall be considered to be 
                administrative expenses for purposes of section 
                218A(b)(4) of the Immigration and Nationality Act, as 
                added by this Act.
                    (B) Of secretary.--A worker who receives a voucher 
                under this subsection who fails to complete at least 50 
                percent of the period of employment of the job 
                opportunity for which the worker was hired under the 
                job opportunity involved shall reimburse the Secretary 
                for the cost of the voucher.
            (5) Report and continuation of program.--
                    (A) Collection of data.--The Secretary shall 
                collect data on--
                            (i) the extent to which workers receiving 
                        vouchers under this subsection report, in a 
                        timely manner, to the jobs to which such 
                        workers have been referred;
                            (ii) whether such workers complete the job 
                        opportunities involved; and
                            (iii) the extent to which such workers do 
                        not complete at least 50 percent of the period 
                        of employment the job opportunities for which 
                        the workers were hired.
                    (B) Report.--Not later than 6 months after the 
                expiration of the second fiscal year during which the 
                program under this subsection is in operation, the 
                Secretary, in consultation with the Secretary of 
                Agriculture, shall prepare and submit to the Committee 
                on the Judiciary of the Senate and the Committee on the 
                Judiciary of the House of Representatives, a report, 
                based on the data collected under subparagraph (A), 
                concerning the results of the program established under 
                this section. Such report shall contain the 
                recommendations of the Secretary concerning the 
                termination or continuation of such program.
                    (C) Termination of program.--The recommendations of 
                the Secretary in the report submitted under 
                subparagraph (B) shall become effective upon the 
                expiration of the 90-day period beginning on the date 
                on which such report is submitted unless Congress 
                enacts a joint resolution disapproving such 
                recommendations.
    (d) Continuing Obligation To Employ United States Workers.--
            (1) In general.--An employer that applies for registered 
        workers under section 4(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 5(b) after the employer receives the report 
        described in section 5(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 4(a) has elapsed; or
                    (B) during any period in which the employer is 
                employing no aliens in the occupation for which the 
                United States worker was referred; or
                    (C) during any period when the Secretary is 
                conducting a search of a registry for job opportunities 
                in the occupation and area of intended employment to 
                which the worker has been referred, or other 
                occupations in the area of intended employment for 
                which the worker is qualified 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. 8. ENFORCEMENT AND PENALTIES.

  (a) Enforcement Authority.--
            (1) Investigation of complaints.--
                    (A) In general.--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 4 or an employer's 
                misrepresentation of material facts in an application 
                under that section. 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) 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.
    (b) Remedies.--
            (1) Back wages.--Upon a final determination that the 
        employer has failed to pay wages as required under this 
        section, the Secretary may assess payment of back wages due to 
        any United States worker or alien described in section 
        101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
        employed by the employer in the specific employment in 
        question. The back wages shall be equal to the difference 
        between the amount that should have been paid and the amount 
        that actually was paid to such worker.
            (2) Failure to pay wages.--Upon a final 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 failure, and may recommend to the Attorney 
        General the disqualification of the employer from the 
        employment of aliens described in section 101(a)(15)(H)(ii)(a) 
        of the Immigration and Nationality Act for a period of 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 4(a) has--
                    (A) filed an application that misrepresents a 
                material fact; or
                    (B) failed to meet a condition specified in section 
                4,
        the Secretary may 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 for substantial 
        violations in the employment of any United States workers or 
        aliens described in section 101(a)(15)(ii)(a) 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) 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 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 the employment of aliens 
                described in section 101(a)(15)(H)(ii)(a) of the 
                Immigration and Nationality Act for a period of 3 
                years.
                    (B) Permanent for third violation.--Upon a third 
                final determination that an 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)(a) 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)(a) 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.

SEC. 9. ALTERNATIVE PROGRAM FOR THE ADMISSION OF TEMPORARY H-2A 
              WORKERS.

    (a) Amendments to the Immigration and Nationality Act.--
            (1) Election of procedures.--Section 214(c)(1) of the 
        Immigration and Nationality Act (8 U.S.C. 1184(c)(1)) is 
        amended--
                    (A) by striking the fifth and sixth sentences;
                    (B) by striking ``(c)(1) The'' and inserting 
                ``(c)(1)(A) Except as provided in subparagraph (B), 
                the''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(B) Notwithstanding subparagraph (A), in the case 
                of the importing of any nonimmigrant alien described in 
                section 101(a)(15)(H)(ii)(a), the importing employer 
                may elect to import the alien under the procedures of 
                section 218 or section 218A, except that any employer 
                that applies for registered workers under section 4(a) 
                of the Agricultural Job Opportunity Benefits and 
                Security Act of 1998 shall import nonimmigrants 
                described in section 101(a)(15)(H)(ii)(a) only in 
                accordance with section 218A. For purposes of 
                subparagraph (A), with respect to the importing of 
                nonimmigrants under section 218, the term `appropriate 
                agencies of Government' means the Department of Labor 
                and includes the Department of Agriculture.''.
            (2) Alternative program.--The Immigration and Nationality 
        Act is amended by inserting after section 218 (8 U.S.C. 1188) 
        the following new section:

   ``alternative program for the admission of temporary h-2a workers

    ``Sec. 218A. (a) Procedure for Admission or Extension of Aliens.--
            ``(1) Aliens who are outside the united states.--
                    ``(A) Criteria for admissibility.--
                            ``(i) In general.--An alien described in 
                        section 101(a)(15)(H)(ii)(a) of the Immigration 
                        and Nationality Act shall be admissible under 
                        this section if the alien is designated 
                        pursuant to section 6 of the Agricultural Job 
                        Opportunity Benefits and Security Act of 1998, 
                        otherwise admissible under this Act, and the 
                        alien is not ineligible under clause (ii).
                            ``(ii) Disqualification.--An alien shall be 
                        ineligible for admission to the United States 
                        or being provided status under this section if 
                        the alien has, at any time during the past 5 
                        years--
                                    ``(I) violated a material provision 
                                of this section, including the 
                                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.
                            ``(iii) Initial waiver of ineligibility for 
                        unlawful presence.--An alien who has not 
                        previously been admitted to the United States 
                        pursuant to this section, and who is otherwise 
                        eligible for admission in accordance with 
                        clauses (i) and (ii), shall not be deemed 
                        inadmissible by virtue of section 212(a)(9)(B).
                    ``(B) Period of admission.--The alien shall be 
                admitted for the period requested by the employer not 
                to exceed 10 months, or the ending date of the 
                anticipated period of employment on the employer's 
                application for registered workers, whichever is less, 
                plus an additional period of 14 days, during which the 
                alien shall seek authorized employment in the United 
                States. During the 14-day period following the 
                expiration of the alien's work authorization, the alien 
                is not authorized to be employed unless an employer who 
                is authorized to employ such worker has filed an 
                extension of stay on behalf of the alien pursuant to 
                paragraph (2).
                    ``(C) Abandonment of employment.--
                            ``(i) In general.--An alien admitted or 
                        provided status under this section who abandons 
                        the employment which was the basis for such 
                        admission or providing status shall be 
                        considered to have failed to maintain 
                        nonimmigrant status as an alien described in 
                        section 101(a)(15)(H)(ii)(a) and shall depart 
the United States or be subject to removal under section 
237(a)(1)(C)(i).
                            ``(ii) 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 who prematurely abandons 
                        the alien's employment.
                    ``(D) Issuance of identification and employment 
                eligibility document.--
                            ``(i) In general.--The Attorney General 
                        shall cause to be issued to each alien admitted 
                        under this section a card in a form which is 
                        resistant to counterfeiting and tampering for 
                        the purpose of providing proof of identity and 
                        employment eligibility under section 274A.
                            ``(ii) Design of card.--Each card issued 
                        pursuant to clause (i) shall be designed in 
                        such a manner and contain a photograph and 
                        other identifying information (such as date of 
                        birth, sex, and distinguishing marks) that 
                        would allow an employer to determine with 
                        reasonable certainty that the bearer is not 
                        claiming the identity of another individual, 
                        and shall--
                                    ``(I) specify the date of the 
                                alien's acquisition of status under 
                                this section;
                                    ``(II) specify the expiration date 
                                of the alien's work authorization; and
                                    ``(III) specify the alien's 
                                admission number or alien file number.
            ``(2) Extension of stay of aliens in the united states.--
                    ``(A) Extension of stay.--If an employer with 
                respect to whom a report or application described in 
                section 6(a)(1) of the Agricultural Job Opportunity 
                Benefits and Security Act of 1998 has been submitted 
                seeks to employ an alien who has acquired status under 
                this section and who is present in the United States, 
                the 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 
                6 of the Agricultural Job Opportunity Benefits and 
                Security Act of 1998.
                    ``(B) Limitation on filing an application for 
                extension of stay.--An application may not be filed for 
                an extension of an alien's stay for a period of more 
                than 10 months, or later than a date which is 3 years 
                from the date of the alien's last admission to the 
                United States under this section, whichever occurs 
                first.
                    ``(C) Work authorization upon filing an application 
                for extension of stay.--An employer may begin employing 
                an alien who is present in the United States who has 
                acquired status under this Act on the day the employer 
                files an application for extension of stay. For the 
                purpose of this requirement, the term `filing' means 
                sending the application by certified mail via the 
                United States Postal Service, return 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.
                    ``(D) 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, 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.
                    ``(E) Limitation on an individual's stay in 
                status.--An alien having status under this section may 
                not have the status extended for a continuous period 
                longer than 3 years unless the alien remains outside 
                the United States for an uninterrupted period of 6 
                months. An absence from the United States may break the 
                continuity of the period for which a nonimmigrant visa 
                issued under section 101(a)(15)(H)(ii)(a) is valid. If 
                the alien has resided in the United States 10 months or 
                less, an absence breaks the continuity of the period if 
                its lasts for at least 2 months. If the alien has 
                resided in the United States 10 months or more, an 
                absence breaks the continuity of the period if it lasts 
                for at least one-fifth the duration of the stay.
    ``(b) Trust Fund.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States a trust fund (in this section referred to 
        as the `Trust Fund') for the purpose of funding the costs of 
        administering this section and, in the event of an adverse 
        finding by the Attorney General under subsection (c), for the 
purpose of providing a monetary incentive for aliens described in 
section 101(a)(15)(H)(ii)(a) to return to their country of origin upon 
expiration of their visas under this section.
            ``(2) Transfers to trust fund.--
                    ``(A) In general.--There is appropriated to the 
                Trust Fund amounts equivalent to the sum of the 
                following:
                            ``(i) Such employers shall pay to the 
                        Secretary of the Treasury a user fee in an 
                        amount equivalent to so much of the Federal tax 
                        that is not transferred to the States on the 
                        earnings of such aliens that the employer would 
                        be obligated to pay under the Federal 
                        Unemployment Tax Act and the Federal Insurance 
                        Contributions Act if the earnings were subject 
                        to such Acts. Such payment shall be in lieu of 
                        any other employer fees for the benefits 
                        provided to employers pursuant to this Act or 
                        in connection with the admission of aliens 
                        pursuant to section 218A.
                            ``(ii) In the event of an adverse finding 
                        by the Attorney General under subsection (c), 
                        employers of aliens under this section shall 
                        withhold from the wages of such aliens an 
                        amount equivalent to 20 percent of the earnings 
                        of each alien and pay such withheld amount to 
                        the Secretary of the Treasury.
                    ``(B) Treatment of amounts.--Amounts paid to the 
                Secretary of the Treasury under subparagraph (A) shall 
                be treated as employment taxes for purposes of subtitle 
                C of the Internal Revenue Code of 1986.
                    ``(C) Treatment as offsetting receipts.--Amounts 
                appropriated to the Trust Fund under this paragraph 
                shall be treated as offsetting receipts.
            ``(3) Administrative expenses.--Amounts transferred to the 
        Trust Fund pursuant to paragraph (2)(A)(ii), shall, without 
        further appropriation, be paid to the Attorney General, the 
        Secretary of Labor, the Secretary of State, and the Secretary 
        of Agriculture in amounts equivalent to the expenses incurred 
        by such officials in the administration of section 
        101(a)(15)(H)(ii)(a) and this section.
            ``(4) Distribution of funds.--In the event of an adverse 
        finding by the Attorney General under subsection (c), amounts 
        transferred to the Trust Fund pursuant to paragraph (2)(A)(ii), 
        and interest earned thereon under paragraph (6), shall be held 
        on behalf of an alien and shall be available, without further 
        appropriation, to the Attorney General for payment to the alien 
        if--
                    ``(A) the alien applies to the Attorney General (or 
                the designee of the Attorney General) for payment 
                within 30 days of the expiration of the alien's last 
                authorized stay in the United States;
                    ``(B) in such application the alien establishes 
                that the alien has complied with the terms and 
                conditions of this section; and
                    ``(C) in connection with the application, the alien 
                tenders the identification and employment authorization 
                card issued to the alien pursuant to subsection 
                (a)(1)(D) and establishes that the alien is identified 
                as the person to whom the card was issued based on the 
                biometric identification information contained on the 
                card.
            ``(5) Migrant agricultural worker housing.--Such funds as 
        remain in the Trust Fund after the payments described in 
        paragraph (4) shall be used by the Secretary of Agriculture, in 
        consultation with the Secretary, for the purpose of increasing 
        the stock of in-season migrant worker housing in areas where 
        such housing is determined to be insufficient to meet the needs 
        of migrant agricultural workers, including aliens admitted 
        under this section.
            ``(6) Regulations.--The Secretary of the Treasury, in 
        consultation with the Attorney General, shall prescribe 
        regulations to carry out this subsection.
            ``(7) Investment of portion of trust fund.--
                    ``(A) In general.--It shall be the duty of the 
                Secretary of the Treasury to invest such portion of the 
                amounts transferred to the Trust Fund pursuant to 
                paragraph (2)(A)(i), and, if applicable, paragraph 
                (2)(A)(ii), as is not, in the Secretary's judgment, 
                required to meet current withdrawals. Such investments 
                may be made only in interest-bearing obligations of the 
                United States or in obligations guaranteed as to both 
                principal and interest by the United States. For such 
                purpose, such obligations may be acquired--
                            ``(i) on original issue at the price; or
                            ``(ii) by purchase of outstanding 
                        obligations at the market price.
                The purposes for which obligations of the United States 
                may be issued under chapter 31 of title 31, United 
                States Code, are hereby extended to authorize the 
                issuance at par of special obligations exclusively to 
                the Trust Fund. Such special obligations shall bear 
                interest at a rate equal to the average rate of 
                interest, computed as to the end of the calendar month 
                next preceding the date of such issue, borne by all 
                marketable interest-bearing obligations of the United 
                States then forming a part of the public debt, except 
                that where such average rate is not a multiple of one-
                eighth of 1 percent next lower than such average rate. 
                Such special obligations shall be issued only if the 
                Secretary of the Treasury determines that the purchase 
                of other interest-bearing obligations of the United 
                States, or of obligations guaranteed as to both 
                principal and interest by the United States on original 
                issue or at the market price, is not in the public 
                interest.
                    ``(B) Sale of obligation.--Any obligation acquired 
                by the Trust Fund (except special obligations issued 
exclusively to the Trust Fund) may be sold by the Secretary of the 
Treasury at the market price, and such special obligations may be 
redeemed at par plus accrued interest.
                    ``(C) Credits to trust fund.--The interest on, and 
                the proceeds from the sale or redemption of, any 
                obligations held in the Trust Fund shall be credited to 
                and form a part of the amounts transferred to the Trust 
                Fund pursuant to paragraph (2)(A)(i).
                    ``(D) Report to congress.--It shall be the duty of 
                the Secretary of the Treasury to hold the Trust Fund, 
                and (after consultation with the Attorney General) to 
                report to the Congress each year on the financial 
                condition and the results of the operations of the 
                Trust Fund during the preceding fiscal year and on its 
                expected condition and operations during the next 
                fiscal year. Such report shall be printed as both a 
                House and a Senate document of the session of the 
                Congress to which the report is made.
    ``(c) Study by the Attorney General.--The Attorney General shall 
conduct a study to determine whether aliens under this section depart 
the United States in a timely manner upon the expiration of their 
period of authorized stay. If the Attorney General finds that a 
significant number of aliens do not so depart and that a financial 
inducement is necessary to assure such departure, then the Attorney 
General shall so report to Congress and, upon receipt of the report, 
subsections (b)(2)(A)(ii) and (b)(4) shall take effect.''.
    (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)(a))''.
    (c) Conforming 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 program for the admission of H-2A workers.''.
    (d) Repeal and Additional Conforming Amendments.--
            (1) Repeal.--Section 218 of the Immigration and Nationality 
        Act is repealed.
            (2) Technical amendments.--(A) Section 218A of the 
        Immigration and Nationality Act is redesignated as section 218.
            (B) The table of contents of that Act is amended by 
        striking the item relating to section 218A.
            (C) The section heading for section 218 of that Act is 
        amended by striking ``alternative program for''.
            (3) Termination of employer election.--Section 214(c)(1)(B) 
        of the Immigration and Nationality Act is amended to read as 
        follows:
    ``(B) Notwithstanding subparagraph (A), the procedures of section 
218 shall apply to the importing of any nonimmigrant alien described in 
section 101(a)(15)(H)(ii)(a).''.
            (4) Maintenance of certain section 218 provisions.--Section 
        218 (as redesignated by paragraph (2) of this subsection) is 
        amended by adding at the end the following:
    ``(d) Miscellaneous Provisions.--(1) The Attorney General shall 
provide for such endorsement of entry and exit documents of 
nonimmigrants described in section 101(a)(15)(H)(ii) as may be 
necessary to carry out this section and to provide notice for purposes 
of section 274A.
    ``(2) The provisions of subsections (a) and (c) of section 214 and 
the provisions of this section preempt any State or local law 
regulating admissibility of nonimmigrant workers.''.
            (5) Effective date.--The repeal and amendments made by this 
        subsection shall take effect 5 years after the date of 
        enactment of this Act.

SEC. 10. INCLUSION IN EMPLOYMENT-BASED IMMIGRATION PREFERENCE 
              ALLOCATION.

    (a) Amendment of the Immigration and Nationality Act.--Section 
203(b)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 
1153(b)(3)(A)) is amended--
            (1) by redesignating clause (iii) as clause (iv); and
            (2) by inserting after clause (ii) the following:
                            ``(iii) Agricultural workers.--Qualified 
                        immigrants who have completed at least 6 months 
                        of work in the United States in each of 4 
                        consecutive calendar years under section 
                        101(a)(15)(H)(ii)(a), and have complied with 
                        all terms and conditions applicable to that 
                        section.''.
    (b) Conforming Amendment.--Section 203(b)(3)(B) of the Immigration 
and Nationality Act (8 U.S.C. 1153(b)(3)(A)) is amended by striking 
``subparagraph (A)(iii)'' and inserting ``subparagraph (A)(iv)''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply to aliens described in section 101(a)(15)(H)(ii)(a) 
admitted to the United States before, on, or after the effective date 
of this Act.

SEC. 11. MIGRANT AND SEASONAL HEAD START PROGRAM.

    (a) In General.--Section 637(12) of the Head Start Act (42 U.S.C. 
9832(12)) is amended--
            (1) by inserting ``and seasonal'' after ``migrant''; and
            (2) by inserting before the period the following: ``, or 
        families whose incomes or labor is primarily dedicated to 
        performing seasonal agricultural labor for hire but whose 
        places of residency have not changed to another geographic 
        location in the preceding 2-year period''.
    (b) Funds Set-Aside.--Section 640(a) (42 U.S.C. 9835(a)) is 
amended--
            (1) in paragraph (2), strike ``13'' and insert ``14'';
            (2) in paragraph (2)(A), by striking ``1994'' and inserting 
        ``1998''; and
            (3) by adding at the end the following new paragraph:
            ``(8) In determining the need for migrant and seasonal Head 
        Start programs and services, the Secretary shall consult with 
        the Secretary of Labor, other public and private entities, and 
        providers. Notwithstanding paragraph (2)(A), after conducting 
        such consultation, the Secretary shall further adjust the 
        amount available for such programs and services, taking into 
        consideration the need and demand for such services.''.

SEC. 12. 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 on all regulations to implement 
the duties of the Secretary of State under this Act.

SEC. 13. FUNDING FROM WAGNER-PEYSER ACT.

    If additional funds are necessary to pay the start-up costs of the 
registries established under section 3(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.).

SEC. 14. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect 180 
days after the date of enactment of this Act.
                                 <all>