[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4738 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4738

   To establish the High Level Commission on Immigrant Labor Policy.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 23, 2000

  Mr. Kolbe introduced the following bill; which was referred to the 
    Committee on the Judiciary, and in addition to the Committee on 
Education and the Workforce, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To establish the High Level Commission on Immigrant Labor Policy.

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

SECTION. 1. SHORT TITLE.

    This Act may be cited as the ``Immigrant Labor Policy Review Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The unemployment rate in the United States is at a 
        record low.
            (2) Many industries in the United States, including 
        agriculture, tourism, construction, nursing, information 
        technology, and other portions of the service sector, are 
        experiencing labor shortages.
            (3) The inability to secure sufficient workers is having a 
        detrimental impact on the economy of the United States and the 
        standard of living for all people in the United States.

SEC. 3. ESTABLISHMENT.

    There is established a commission to be known as the High Level 
Commission on Immigrant Labor Policy (hereinafter in this Act referred 
to as the ``Commission'').

SEC. 4. DUTIES.

    (a) In General.--The Commission shall study the interactions 
between Federal immigration policy and the labor markets for aliens in 
the United States, including the following subjects:
            (1) The adequacy of the supply of labor in the United 
        States and whether this supply needs to be further supplemented 
        with alien workers.
            (2) The extent to which employers in the United States rely 
        upon the employment of a temporary workforce.
            (3) The economic impact and desirability of maintaining 
        statutory caps on nonimmigrant workers.
            (4) The extent to which employers in the United States rely 
        upon the employment of a workforce that includes or consists of 
        aliens who unlawfully enter or remain in the United States.
            (5) The extent of unemployment and underemployment of 
        workers who are United States citizens or aliens lawfully 
        admitted to the United States for permanent residence.
            (6) The effectiveness of United States labor policies in 
        stopping the flow into the United States of illegal immigrants.
            (7) Any other subject necessary to permit the Commission to 
        prepare the reports required under section 8.
    (b) Consultation.--In conducting the study, the Commission shall 
consult with migrant labor groups, nonprofit organizations, labor 
unions, pertinent business and agriculture associations and 
organizations, State Governors, law enforcement associations and 
organizations, and relevant executive branch agencies and congressional 
committees.

SEC. 5. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall consist of 12 
members, to be appointed as follows:
            (1) 6 to be appointed by the President.
            (2) 3 to be appointed by the Speaker of the House of 
        Representatives.
            (3) 3 to be appointed by the President pro tempore of the 
        Senate.
    (b) Consultations.--In making appointments under subsection (a)(1), 
the President shall consult with--
            (1) the Attorney General in appointing 1 member;
            (2) the Chairman of the Federal Reserve Board in appointing 
        1 member;
            (3) the Secretary of Commerce in appointing 2 members; and
            (4) the Secretary of Agriculture in appointing 2 members.
    (c) Terms.--Each member of the Commission shall be appointed for 
the life of the Commission.
    (d) Vacancies.--A vacancy in the Commission shall be filled in the 
manner in which the original appointment was made.
    (e) Chairperson.--The Chairman of the Federal Reserve Board (or the 
Chairman of the Federal Reserve Board's designee) shall serve as the 
chairperson of the Commission until such time as the members of the 
Commission can elect a chairperson.
    (f) Basic Pay.--Each member shall serve without pay. Each member 
shall receive travel expenses, including per diem in lieu of 
subsistence, in accordance with sections 5702 and 5703 of title 5, 
United States Code.
    (g) Quorum.--A majority of the members shall constitute a quorum 
for the transaction of business.
    (h) Meetings.--The Commission shall meet at the call of the 
chairperson.

SEC. 6. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.

    (a) Director.--The Commission shall have a director who shall be 
appointed by the chairperson subject to rules prescribed by the 
Commission.
    (b) Staff.--Subject to rules prescribed by the Commission, the 
chairperson may appoint and fix the pay of such additional personnel as 
the chairperson considers appropriate.
    (c) Applicability of Certain Civil Service Laws.--The director and 
staff of the Commission may be appointed without regard to title 5, 
United States Code, governing appointments in the competitive service, 
and may be paid without regard to the requirements of chapter 51 and 
subchapter III of chapter 53 of such title relating to classification 
and General Schedule pay rates, except that an individual so appointed 
may not receive pay in excess of the maximum annual rate of basic pay 
payable for GS-15 of the General Schedule.
    (d) Experts and Consultants.--The chairperson may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code, at rates for individuals not to exceed the daily 
equivalent of the maximum annual rate of basic pay payable for GS-15 of 
the General Schedule.
    (e) Staff of Federal Agencies.--Upon request of the chairperson, 
the head of any Federal agency may detail, on a reimbursable basis, any 
of the personnel of the agency to the Commission to assist the 
Commission in carrying out its duties.

SEC. 7. POWERS.

    (a) Obtaining Official Data.--The chairperson may secure directly 
from any Federal agency information necessary to enable the Commission 
to carry out its duties. Upon request of the chairperson, the head of 
the agency shall furnish such information to the Commission to the 
extent such information is not prohibited from disclosure by law.
    (b) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other Federal agencies.
    (c) Administrative Support Services.--Upon the request of the 
chairperson, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out its duties.
    (d) Contract Authority.--The chairperson may contract with and 
compensate government and private agencies or persons for the purpose 
of conducting research, surveys, and other services necessary to enable 
the Commission to carry out its duties.

SEC. 8. REPORTS.

    (a) Interim Report.--Not later than 6 months after the date of the 
enactment of this Act, the Commission shall prepare and submit to the 
President and the Congress an interim report on the following:
            (1) The overall effectiveness of Federal immigration and 
        labor laws and policies in--
                    (A) protecting jobs held by citizens and nationals 
                of the United States, aliens who are lawfully admitted 
                to the United States for permanent residence, aliens 
                who are admitted as refugees or are granted asylum, and 
                other immigrants otherwise authorized to be employed in 
                the United States;
                    (B) preventing exploitation of alien immigrant and 
                nonimmigrant workers;
                    (C) reducing the number of illegal border crossings 
                into the United States; and
                    (D) reducing the numbers of aliens unlawfully 
                employed in the United States.
            (2) The impact of statutory numerical limitations on the 
        entry of immigrants and nonimmigrants into the United States on 
        the achievement of the goals described in subparagraphs (A) 
        through (D) of paragraph (1).
            (3) The impact of recent measures undertaken in border 
        areas to deter illegal border crossings on the achievement of 
        such goals.
            (4) The impact of Federal alien labor laws and policies on 
        the overall economic performance within the United States and 
        economic performance within the following sectors:
                    (A) Agriculture.
                    (B) Tourism and service.
                    (C) Construction.
                    (D) Nursing and health care.
                    (E) Apparel.
                    (F) Information technology.
    (b) Final Report.--Not later than 1 year after the date of the 
enactment of this Act, the Commission shall prepare and submit to the 
President and the Congress a final report that contains at least the 
following:
            (1) Information that updates the findings reported in the 
        interim report on each of the issues described in paragraphs 
        (1) through (4) of subsection (a).
            (2) Recommendations for actions that the Commission 
        considers necessary--
                    (A) to curb illegal border crossings into the 
                United States;
                    (B) to curb unlawful employment of aliens in the 
                United States;
                    (C) to ensure adequate protection of the workers 
                described in subsection (a)(1)(A); and
                    (D) to ensure a stable and steady workforce for 
                industry in the United States.
            (3) The viability of expanding the agricultural guest 
        worker program established under section 101(a)(15)(H)(ii)(a) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(H)(ii)(a)) and section 218 of such Act (8 U.S.C. 
        1188) to any or all of the following United States industries:
                    (A) Tourism and service.
                    (B) Construction.
                    (C) Nursing and health care.
                    (D) Apparel.
                    (E) Information technology.
            (4) Recommendations for any additional actions that the 
        Commission determines would improve Federal immigration or 
        labor laws or policies.
            (5) Any other related information that the Commission 
        considers to be appropriate.

SEC. 9. TERMINATION.

    The Commission shall terminate 6 months after the date on which the 
Commission submits its final report under section 8(b).

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act, which sums shall remain available 
until expended.
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