[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1814 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1814

 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

                            October 27, 1999

 Mr. Smith of Oregon (for himself, Mr. Graham, Mr. Craig, Mr. Cleland, 
  Mr. McConnell, Mr. Coverdell, Mr. Mack, Mr. Cochran, Mr. Helms, Mr. 
   Grams, Mr. Crapo, Mr. Bunning, and Mr. Voinovich) 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 1999''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                  TITLE I--ADJUSTMENT TO LEGAL STATUS

Sec. 101. Agricultural workers.
                TITLE II--AGRICULTURAL WORKER REGISTRIES

Sec. 201. Agricultural worker registries.
                         TITLE III--H-2A REFORM

Sec. 301. Employer applications and assurances.
Sec. 302. Search of registry.
Sec. 303. Issuance of visas and admission of aliens.
Sec. 304. Employment requirements.
Sec. 305. Program for the admission of temporary H-2A workers.
                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Enhanced worker protections and labor standards enforcement.
Sec. 402. Bilateral commissions.
Sec. 403. Regulations.
Sec. 404. Determination and use of user fees.
Sec. 405. Funding for startup costs.
Sec. 406. Report to Congress.
Sec. 407. Effective date.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Adverse effect wage rate.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the term ``adverse effect wage rate'' means the 
                rate of pay for an agricultural occupation that is 5 
                percent above the prevailing rate of pay for that 
                agricultural occupation in an area of intended 
                employment, if the prevailing rate of pay for the 
                occupation is less than the prior year's average hourly 
                earnings of field and livestock workers for the State 
                (or region that includes the State), as determined by 
                the Secretary of Agriculture, provided no adverse 
                effect wage rate shall be more than the prior year's 
                average hourly earnings of field and livestock workers 
                for the State (or region that includes the State), as 
                determined by the Secretary of Agriculture.
                    (B) Exception.--If the prevailing rate of pay for 
                an activity is a piece rate, task rate or group rate, 
                and the average hourly earnings of an employer's 
                workers employed in that activity, taken as a group, 
                are less than the prior year's average hourly earnings 
                of field and livestock workers in the State (or region 
                that includes the State), as determined by the 
                Secretary of Agriculture, the term ``adverse effect 
                wage rate'' means the prevailing piece rate, task rate 
                or group rate for the activity plus such an amount as 
                is necessary to increase the average hourly earnings of 
                the employer's workers employed in the activity, taken 
                as a group, by 5 percent, or to the prior's years 
                average hourly earnings for field and livestock workers 
                for the State (or region that includes the State) 
                determined by the Secretary of Agriculture, whichever 
                is less.
            (2) Agricultural employment.--The term ``agricultural 
        employment'' means any service or activity that is considered 
        to be agriculture under section 3(f) of the Fair Labor 
        Standards Act of 1938 (29 U.S.C. 203(f)) or as agricultural 
        labor under section 3121(g) of the Internal Revenue Code of 
        1986. For purposes of this paragraph, agricultural employment 
        in the United States includes, but is not limited to, 
        employment under section 101(a)(15)(H)(ii)(a) of the 
        Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(H)(ii)(a)).
            (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 farm labor contractor and any 
        agricultural association, that employs workers.
            (5) H-2A employer.--The term ``H-2A employer'' means an 
        employer who seeks to hire one or more nonimmigrant aliens 
        described in section 101(a)(15)(H)(ii)(a) of the Immigration 
        and Nationality Act.
            (6) H-2A  worker.--The term ``H-2A worker'' means a 
        nonimmigrant described in section 101(a)(15)(H)(ii)(a) of the 
        Immigration and Nationality Act.
            (7) Job opportunity.--The term ``job opportunity'' means a 
        specific period of employment provided by an employer to a 
        worker in one or more agricultural activities.
            (8) Prevailing wage.--The term ``prevailing wage'' means 
        with respect to an agricultural activity in an area of intended 
        employment, the rate of wages that includes the 51st percentile 
        of employees in that agricultural activity in the area of 
        intended employment, expressed in terms of the prevailing 
        method of pay for the agricultural activity in the area of 
        intended employment.
            (9) Registered worker.--The term ``registered worker'' 
        means an individual whose name appears in a registry.
            (10) Registry.--The term ``registry'' means an agricultural 
        worker registry established under section 201(a).
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (12) United states worker.--The term ``United States 
        worker'' means any worker, whether a United States citizen or 
        national, a lawfully admitted permanent resident alien, or any 
        other alien who is authorized to work in the job opportunity 
        within the United States other than an alien admitted pursuant 
        to section 101(a)(15)(H)(ii)(a) or section 218 of the 
        Immigration and Nationality Act, as in effect on the effective 
        date of this Act, or a nonimmigrant agricultural worker whose 
        status was adjusted under section 101(a).
            (13) Work day.--The term ``work day'' means any day in 
        which the individual is employed one or more hours in 
        agriculture.

                  TITLE I--ADJUSTMENT TO LEGAL STATUS

SEC. 101. AGRICULTURAL WORKERS.

    (a) Nonimmigrant Status.--
            (1) In general.--The Attorney General shall adjust the 
        status of an alien agricultural worker who qualifies under this 
        subsection to that of an alien lawfully admitted for 
        nonimmigrant status under section 101(a)(15) of the Immigration 
        and Nationality Act if the Attorney General determines that the 
        following requirements are satisfied with respect to the alien:
                    (A) Performance of agricultural employment in the 
                united states.--The alien must establish that the alien 
                has performed agricultural employment in the United 
                States for at least 880 hours or 150 work days, 
                whichever is lesser, during the 12-month period prior 
                to October 27, 1999.
                    (B) Application period.--The alien must apply for 
                such adjustment not later than 12 months after the 
                effective date of this Act.
                    (C) Admissibility.--
                            (i) In general.--The alien must establish 
                        that the alien is otherwise admissible to the 
                        United States under section 212 of the 
                        Immigration and Nationality Act, except as 
                        otherwise provided under subsection (d).
                            (ii) 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 clause (i), shall 
                        not be deemed inadmissible by virtue of section 
                        212(a)(9)(B) of that Act.
            (2) Period of validity of nonimmigrant status.--
                    (A) In general.--The status granted in paragraph 
                (1) shall be valid for a period of not to exceed 7 
                consecutive calendar years, except that the alien may 
                not be present in the United States for more than an 
                aggregate of 300 days in any calendar year.
                    (B) Exception.--The 300-day-per-year limitation in 
                subparagraph (A) shall not apply to any period of 
                validity of the status of any alien who--
                            (i) has established a permanent residence 
                        in the United States and has a minor child who 
                        was born in the United States prior to the date 
                        of enactment of this Act who resides in the 
                        alien's household; and
                            (ii) performs agricultural employment for 
                        not less than 240 days in a calendar year.
            (3) Authorized travel.--During the period an alien is in 
        lawful nonimmigrant status granted under this subsection, the 
        alien has the right to travel abroad (including commutation 
        from a residence abroad).
            (4) Authorized employment.--During the period an alien is 
        in lawful nonimmigrant status granted under this subsection, 
        the alien shall be granted authorization to engage in the 
        performance only of agricultural employment in the United 
        States and shall be provided an ``employment authorized'' 
        endorsement or other appropriate work permit, only for the 
        performance of such employment. A nonimmigrant alien under this 
        subsection may perform agricultural employment anywhere in the 
        United States.
            (5) Termination of nonimmigrant status.--Except as 
        otherwise provided in paragraph (2), the Attorney General shall 
        terminate the status, and bring proceedings under section 240 
        of the Immigration and Nationality Act to remove, any 
        nonimmigrant alien under this subsection who failed during 3 
        prior calendar years to perform 1,040 hours or 180 work days, 
        whichever is lesser, of agricultural services in any single 
        calendar year.
            (6) Record of employment.--Each employer of a nonimmigrant 
        agricultural worker whose status is adjusted under this 
        subsection shall--
                    (A) provide a written record of employment to the 
                alien; and
                    (B) provide a copy of such record to the 
                Immigration and Naturalization Service.
    (b) Adjustment to Permanent Residence.--
            (1) In general.--Except as provided in paragraph (2), the 
        Attorney General shall adjust the status of any alien provided 
        lawful nonimmigrant status under subsection (a) to that of an 
        alien lawfully admitted for permanent residence if the Attorney 
        General determines that the following requirements are 
        satisfied:
                    (A) Qualifying years.--The alien has performed a 
                minimum period of agricultural employment in the United 
                States in each of 5 calendar years during the period of 
                validity of the alien's adjustment to nonimmigrant 
                status pursuant to subsection (a). Qualifying years 
                under this subparagraph may include nonconsecutive 
                years.
                    (B) Minimum periods of agricultural employment.--
                            (i) In general.--Except as provided in 
                        clause (ii), the minimum period of agricultural 
                        employment in any calendar year is 1,040 hours 
                        or 180 work days, whichever is lesser.
                            (ii) Exception.--An alien described in 
                        subsection (a)(2)(B) who remains in the United 
                        States for more than 300 days in a calendar 
                        year may only be credited with satisfaction of 
                        the minimum period of agricultural employment 
                        requirement for that year if the alien 
                        performed agricultural employment in the United 
                        States for at least 240 work days that year.
                    (C) Application period.--The alien applies for 
                adjustment of status not later than 6 months after 
                completing the fifth year of qualifying employment in 
                the United States.
            (2) Grounds for denial of adjustment of status.--The 
        Attorney General may deny adjustment to nonimmigrant status and 
        provide for termination of the nonimmigrant status granted such 
        alien under subsection (a) if--
                    (A) the Attorney General finds by a preponderance 
                of the evidence that the adjustment to nonimmigrant 
                status was the result of fraud or willful 
                misrepresentation as set out in section 
                212(a)(6)(C)(i), or
                    (B) the alien commits an act that (i) makes the 
                alien inadmissible to the United States under section 
                212 of the Immigration and Nationality Act, except as 
                provided under subsection (c)(2), or (ii) is convicted 
                of a felony or 3 or more misdemeanors committed in the 
                United States.
            (3) Treatment of aliens demonstrating prima facie case for 
        adjustment.--Any alien who demonstrates a prima facie case of 
        eligibility for adjustment under this subsection in accordance 
        with regulations promulgated by the Attorney General, shall be 
        considered a temporary resident alien and, pending adjudication 
        of an application for permanent resident status under this 
        subsection--
                    (A) may remain in the United States and shall be 
                granted authorization to engage in any employment in 
                the United States; and
                    (B) shall become eligible for any assistance or 
                benefit to which a person granted lawful permanent 
                resident status would be eligible on the date of 
                enactment of this Act.
            (4) Grounds for removal.--Any nonimmigrant alien under 
        subsection (a) who does not apply for adjustment of status 
        under this subsection before the expiration of the application 
        period described in paragraph (1)(C) is deportable and may be 
        removed.
            (5) Numerical limitation.--In any fiscal year not more than 
        20 percent of the number of aliens obtaining nonimmigrant 
        status under subsection (a) may be granted adjustment of status 
        under this subsection. In granting such adjustment, aliens 
        having the greater number of work hours shall be accorded 
        priority. Any temporary resident alien under paragraph (3) who 
        does not receive adjustment of status under this subsection in 
        a fiscal year by reason of the limitation in this paragraph may 
        continue to work in any employment, and shall be credited with 
        any additional hours of agricultural employment performed for 
        purposes of being accorded priority for adjustment of status.
    (c) Applications for Adjustment of Status.--
            (1) To whom may be made.--
                    (A) Within the united states.--The Attorney General 
                shall provide that--
                            (i) applications for adjustment of status 
                        under subsection (a) may be filed--
                                    (I) with the Attorney General; or
                                    (II) with a qualified designated 
                                entity (designated under paragraph 
                                (2)), but only if the applicant 
                                consents to the forwarding of the 
                                application to the Attorney General; 
                                and
                            (ii) applications for adjustment of status 
                        under subsection (b) shall be filed directly 
                        with the Attorney General.
                    (B) Outside the united states.--The Attorney 
                General, in cooperation with the Secretary of State, 
                shall provide a procedure whereby an alien may apply 
                for adjustment of status under subsection (a) at an 
                appropriate consular office outside the United States. 
                The Attorney General shall prescribe regulations 
                setting forth procedures for notification of 
                immigration officials by the alien before departing the 
                United States.
                    (C) Travel documentation.--The Attorney General 
                shall provide each alien whose status is adjusted under 
                this section with a counterfeit-resistant document of 
                authorization to enter or reenter the United States.
            (2) Designation of entities to receive applications.--For 
        purposes of receiving applications under subsection (a), the 
        Attorney General--
                    (A) shall designate qualified voluntary 
                organizations and other qualified State, local, 
                community, farm labor organizations, and associations 
                of agricultural employers; and
                    (B) may designate such other persons as the 
                Attorney General determines are qualified and have 
                substantial experience, demonstrated competence, and 
                traditional long-term involvement in the preparation 
                and submittal of applications for adjustment of status 
                under section 209 or 245 of the Immigration and 
                Nationality Act, Public Law 89-732, or Public Law 95-
145.
            (3) Proof of eligibility.--
                    (A) In general.--An alien may establish that the 
                alien meets the requirement of subsection (a)(1)(A) 
                through government employment records or records 
                supplied by employers or collective bargaining 
                organizations. The Attorney General shall establish 
                special procedures to properly credit work in cases in 
                which an alien was employed under an assumed name.
                    (B) Documentation of work history.--(i) An alien 
                applying for adjustment of status under subsection 
                (a)(1) has the burden of proving by a preponderance of 
                the evidence that the alien has worked the requisite 
                number of hours (as required under subsection 
                (a)(1)(A)).
                    (ii) If an employer or farm labor contractor 
                employing such an alien has kept proper and adequate 
                records respecting such employment, the alien's burden 
                of proof under clause (i) may be met by securing timely 
                production of those records under regulations to be 
                promulgated by the Attorney General.
            (4) Treatment of applications by qualified designated 
        entities.--Each qualified designated entity must agree to 
        forward to the Attorney General applications filed with it in 
        accordance with paragraph (1)(A)(ii) but not to forward to the 
        Attorney General applications filed with it unless the 
        applicant has consented to such forwarding. No such entity may 
        make a determination required by this section to be made by the 
        Attorney General. Upon the request of the alien, a qualified 
        designated entity shall assist the alien in obtaining 
        documentation of the work history of the alien.
            (5) Limitation on access to information.--Files and records 
        prepared for purposes of this section by qualified designated 
        entities operating under this section are confidential and the 
        Attorney General and the Service shall not have access to such 
        files or records relating to an alien without the consent of 
        the alien, except as allowed by a court order issued pursuant 
        to paragraph (6).
            (6) Confidentiality of information.--
                    (A) In general.--Except as provided in this 
                paragraph, neither the Attorney General, nor any other 
                official or employee of the Department of Justice, or 
                bureau or agency thereof, may--
                            (i) use the information furnished by the 
                        applicant pursuant to an application filed 
                        under this section, or the information provided 
                        to the applicant by a person designated under 
                        paragraph (2)(B), for any purpose other than to 
                        make a determination on the application, 
                        including a determination under subsection 
                        (b)(3), or for enforcement of paragraph (7);
                            (ii) make any publication whereby the 
                        information furnished by any particular 
                        individual can be identified; or
                            (iii) permit anyone other than the sworn 
                        officers and employees of the Department or 
                        bureau or agency or, with respect to 
                        applications filed with a designated entity, 
                        that designated entity, to examine individual 
                        applications.
                    (B) Crime.--Whoever knowingly uses, publishes, or 
                permits information to be examined in violation of this 
                paragraph shall be fined not more than $10,000.
            (7) Penalties for false statements in applications.--
                    (A) Criminal penalty.--Whoever--
                            (i) files an application for adjustment of 
                        status under this section and knowingly and 
                        willfully falsifies, conceals, or covers up a 
                        material fact or makes any false, fictitious, 
                        or fraudulent statements or representations, or 
                        makes or uses any false writing or document 
                        knowing the same to contain any false, 
                        fictitious, or fraudulent statement or entry, 
                        or
                            (ii) creates or supplies a false writing or 
                        document for use in making such an application,
                shall be fined in accordance with title 18, United 
                States Code, or imprisoned not more than five years, or 
                both.
                    (B) Exclusion.--An alien who is convicted of a 
                crime under subparagraph (A) shall be considered to be 
                inadmissible to the United States on the ground 
                described in section 212(a)(6)(C)(i) of the Immigration 
                and Nationality Act.
    (d) Waiver of Numerical Limitations and Certain Grounds for 
Inadmissibility.--
            (1) Numerical limitations do not apply.--The numerical 
        limitations of sections 201 and 202 of the Immigration and 
        Nationality Act shall not apply to the adjustment of aliens to 
        lawful permanent resident status under this section.
            (2) Waiver of certain grounds of inadmissibility.--In the 
        determination of an alien's admissibility under subsection 
        (a)(1)(D), the following provisions of section 212(a) of the 
        Immigration and Nationality Act shall not apply:
                    (A) Grounds of exclusion not applicable.--The 
                provisions of paragraphs (5) and (7)(A) of section 
                212(a) shall not apply.
                    (B) Waiver of other grounds.--
                            (i) In general.--Except as provided in 
                        clause (ii), the Attorney General may waive any 
                        other provision of section 212(a) in the case 
                        of individual aliens for humanitarian purposes, 
                        to assure family unity, or when it is otherwise 
                        in the public interest.
                            (ii) Grounds that may not be waived.--The 
                        following provisions of section 212(a) may not 
                        be waived by the Attorney General under clause 
                        (i):
                                    (I) Paragraph (2) (A) and (B) 
                                (relating to criminals).
                                    (II) Paragraph (4) (relating to 
                                aliens likely to become public 
                                charges).
                                    (III) Paragraph (2)(C) (relating to 
                                drug offenses), except for so much of 
                                such paragraph as relates to a single 
                                offense of simple possession of 30 
                                grams or less of marijuana.
                                    (IV) Paragraph (3) (relating to 
                                security and related grounds), other 
                                than subparagraph (E) thereof.
                            (C) Special rule for determination of 
                        public charge.--An alien is not ineligible for 
                        adjustment of status under this section due to 
                        being inadmissible under section 212(a)(4) if 
                        the alien demonstrates a history of employment 
                        in the United States evidencing self-support 
                        without reliance on public cash assistance.
    (e) Temporary Stay of Removal and Work Authorization for Certain 
Applicants.--
            (1) Before application period.--The Attorney General shall 
        provide that in the case of an alien who is apprehended before 
        the beginning of the application period described in subsection 
        (a)(1) and who can establish a nonfrivolous case of eligibility 
        to have his status adjusted under subsection (a) (but for the 
        fact that he may not apply for such adjustment until the 
        beginning of such period), until the alien has had the 
        opportunity during the first 30 days of the application period 
        to complete the filing of an application for adjustment, the 
        alien--
                    (A) may not be removed, and
                    (B) shall be granted authorization to engage in 
                agricultural employment in the United States and be 
                provided an ``employment authorized'' endorsement or 
                other appropriate work permit for such purpose.
            (2) During application period.--The Attorney General shall 
        provide that in the case of an alien who presents a 
        nonfrivolous application for adjustment of status under 
        subsection (a) during the application period, including an 
        alien who files such an application within 30 days of the 
        alien's apprehension, and until a final determination on the 
        application has been made in accordance with this section, the 
        alien--
                    (A) may not be removed, and
                    (B) shall be granted authorization to engage in 
                agricultural employment in the United States and be 
                provided an ``employment authorized'' endorsement or 
                other appropriate work permit for such purpose.
            (3) Prohibition.--No application fees collected by the 
        Service pursuant to this subsection may be used by the Service 
        to offset the costs of the agricultural worker adjustment 
        program under this title until the Service implements the 
        program consistent with the statutory mandate as follows:
                    (A) During the application period described in 
                subsection (a)(1)(A) the Service may grant nonimmigrant 
                admission to the United States, work authorization, and 
                provide an ``employment authorized'' endorsement or 
                other appropriate work permit to any alien who presents 
                a preliminary application for adjustment of status 
                under subsection (a) at a designated port of entry on 
                the southern land border. An alien who does not enter 
                through a port of entry is subject to deportation and 
removal as otherwise provided in this Act.
                    (B) During the application period described in 
                subsection (a)(1)(A) any alien who has filed an 
                application for adjustment of status within the United 
                States as provided in subsection (b)(1)(A) is subject 
                to paragraph (2) of this subsection.
                    (C) A preliminary application is defined as a fully 
                completed and signed application with fee and 
                photographs which contains specific information 
                concerning the performance of qualifying employment in 
                the United States and the documentary evidence which 
                the applicant intends to submit as proof of such 
                employment. The applicant must be otherwise admissible 
                to the United States and must establish to the 
                satisfaction of the examining officer during an 
                interview that his or her claim to eligibility for 
                agriculture worker status is credible.
    (f) Administrative and Judicial Review.--
            (1) Administrative and judicial review.--There shall be no 
        administrative or judicial review of a determination respecting 
        an application for adjustment of status under this section 
        except in accordance with this subsection.
            (2) Administrative review.--
                    (A) Single level of administrative appellate 
                review.--The Attorney General shall establish an 
                appellate authority to provide for a single level of 
                administrative appellate review of such a 
                determination.
                    (B) Standard for review.--Such administrative 
                appellate review shall be based solely upon the 
                administrative record established at the time of the 
                determination on the application and upon such 
                additional or newly discovered evidence as may not have 
                been available at the time of the determination.
            (3) Judicial review.--
                    (A) Limitation to review of exclusion or 
                deportation.--There shall be judicial review of such a 
                denial only in the judicial review of an order of 
                removal under section 106.
                    (B) Standard for judicial review.--Such judicial 
                review shall be based solely upon the administrative 
                record established at the time of the review by the 
                appellate authority and the findings of fact and 
                determinations contained in such record shall be 
                conclusive unless the applicant can establish abuse of 
                discretion or that the findings are directly contrary 
                to clear and convincing facts contained in the record 
                considered as a whole.
    (g) Dissemination of Information on Adjustment Program.--Beginning 
not later than the date designated by the Attorney General under 
subsection (a)(1)(A), the Attorney General, in cooperation with 
qualified designated entities, shall broadly disseminate information 
respecting the benefits which aliens may receive under this section and 
the requirements to obtain such benefits.

                TITLE II--AGRICULTURAL WORKER REGISTRIES

SEC. 201. 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 workers described in paragraph (2) who seek agricultural 
        employment and the employment status of such workers--
                    (A) to ensure that eligible United States workers 
                are informed about available agricultural job 
                opportunities and have the right of first refusal for 
                the agricultural jobs available through the registry; 
                and
                    (B) to provide timely referral of such workers to 
                agricultural job opportunities in the United States.
            (2) Covered workers.--The workers covered by paragraph (1) 
        are--
                    (A) eligible United States workers; and
                    (B) eligible nonimmigrant agricultural workers 
                whose status was adjusted under section 101(a).
            (3) Geographic coverage.--
                    (A) Single state.--Each registry established under 
                paragraph (1) shall include the job opportunities in a 
                single State, except that, in the case of New England 
                States, two or more such States may be represented by a 
                single registry in lieu of multiple registries.
                    (B) Requests for inclusion.--Each State having any 
                group of agricultural producers seeking to utilize the 
                registry shall be represented by a registry, except 
                that, in the case of a New England State, the State 
                shall be represented by the registry covering the group 
                of States of which the State is a part.
            (4) Computer database.--The Secretary of Labor may 
        establish the registries as part of the computer databases 
        known as ``America's Job Bank'' and ``America's Talent Bank''.
            (5) Relation to process for importing h-2a workers.--
        Notwithstanding section 218 of the Immigration and Nationality 
        Act (8 U.S.C. 1188), no petition to import an alien as an H-2A 
        worker (as defined in section 218(i)(2) of that Act) may be 
        approved by the Attorney General unless the H-2A employer--
                    (A) has applied to the Secretary to conduct a 
                search of the registry of the State in which the job 
                opportunities for which H-2A workers are sought are 
                located; and
                    (B) has received a report described in section 
                303(a)(1).
    (b) Registration.--
            (1) In general.--An eligible individual who seeks 
        employment in agricultural work may apply to be included in the 
        registry for the State in which the individual resides. Such 
        application shall include--
                    (A) the name and address of the individual;
                    (B) the period or periods of time (including 
                beginning and ending dates) during which the individual 
                will be available for agricultural work;
                    (C) the registry or registries on which the 
                individual desires to be included;
                    (D) the specific qualifications and work experience 
                possessed by the applicant;
                    (E) the type or types of agricultural work the 
                applicant is willing to perform;
                    (F) such other information as the applicant wishes 
                to be taken into account in referring the applicant to 
                agricultural job opportunities; and
                    (G) such other information as may be required by 
                the Secretary.
            (2) Validation of employment authorization.--No person may 
        be included on any registry unless the Secretary of Labor has 
        requested and obtained from the Attorney General a 
        certification that the person is authorized to be employed in 
        the United States.
            (3) United states workers.--United States workers shall 
        have preference in referral by the registry, and may be 
        referred to any job opportunity nationwide for which they are 
        qualified and make a commitment to be available at the time and 
        place needed.
            (4) Adjusted nonimmigrants.--Adjusted nonimmigrant aliens 
        who apply to be included in a registry may only be referred to 
        job opportunities for which they are qualified within the State 
        covered by the registry or within States contiguous to that 
        State.
            (5) Sanctions for noncompliance.--Adjusted nonimmigrant 
        aliens who elect to be listed on the registry and who fail to 
        report to a registry job opportunity for which they had made an 
        affirmative commitment and been referred will be removed from 
        the registry for a period of 6 months for the first such 
        failure and for a period of 1 year for each succeeding failure.
            (6) Use of registry.--Any United States agricultural   
        employer   may   use   the   registry.
            (7) Discretionary use for new hires.--An agricultural 
        employer may require prospective employees to register with a 
        registry as a means of assuring that its workers are eligible 
        to be employed in the United States.
            (8) Workers referred to job opportunities.--The name of 
        each registered worker who is referred and accepts employment 
        with an employer shall be classified as inactive on each 
        registry on which the worker is included during the period of 
        employment involved in the job to which the worker was 
        referred, unless the worker reports to the Secretary that the 
        worker is no longer employed and is available for referral to 
        another job opportunity. A registered worker classified as 
        inactive shall not be referred.
            (9) Removal of names from a registry.--The Secretary shall 
        remove from the appropriate registry the name of any registered 
        worker who, on 3 separate occasions within a 3-month period, is 
        referred to a job opportunity pursuant to this section, and who 
        declines such referral or fails to report to work in a timely 
        manner.
            (10) Voluntary removal.--A registered worker may request 
        that the worker's name be removed from a registry.
            (11) Removal by expiration.--The application of a 
        registered worker shall expire, and the Secretary shall remove 
        the name of such worker from the appropriate registry if the 
        worker has not accepted a job opportunity pursuant to this 
        section within the preceding 12-month period.
            (12) Reinstatement.--A worker whose name is removed from a 
        registry pursuant to paragraph (9), (10), or (11) may apply to 
        the Secretary for reinstatement to such registry at any time.
    (c) Confidentiality of Registries.--The Secretary shall maintain 
the confidentiality of the registries established pursuant to this 
section, and the information in such registries shall not be used for 
any purposes other than those authorized in this Act.
    (d) Advertising of Registries.--The Secretary shall widely 
disseminate, through advertising and other means, the existence of the 
registries for the purpose of encouraging eligible United States 
workers seeking agricultural job opportunities to register. The 
Secretary of Labor shall ensure that the information about the registry 
is made available to eligible workers through all appropriate means, 
including appropriate State agencies, groups representing farm workers, 
and nongovernmental organizations, and shall ensure that the registry 
is accessible to growers and farm workers.

                         TITLE III--H-2A REFORM

SEC. 301. EMPLOYER APPLICATIONS AND ASSURANCES.

    (a) Applications to the Secretary.--
            (1) In general.--Not later than 28 days prior to the date 
        on which an H-2A employer desires to employ an H-2A worker in a 
        temporary or seasonal agricultural job opportunity, the 
        employer shall, before petitioning for the admission of such a 
        worker, apply to the Secretary for the referral of a United 
        States worker or nonimmigrant agricultural worker whose status 
        was adjusted under section 101(a) through a search of the 
        appropriate registry, in accordance with section 302. Such 
        application shall--
                    (A) describe the nature and location of the work to 
                be performed;
                    (B) list the anticipated period (expected beginning 
                and ending dates) for which workers will be needed;
                    (C) indicate the number of job opportunities in 
                which the employer seeks to employ workers from the 
                registry;
                    (D) describe the bona fide occupational 
                qualifications that must be possessed by a worker to be 
                employed in the job opportunity in question;
                    (E) describe the wages and other terms and 
                conditions of employment the employer will offer, which 
                shall not be less (and are not required to be more) 
                than those required by this section;
                    (F) contain the assurances required by subsection 
                (c);
                    (G) specify the foreign country or region thereof 
                from which alien workers should be admitted in the case 
                of a failure to refer United States workers under this 
                Act; and
                    (H) be accompanied by the payment of a registry 
                user fee determined under section 404(b)(1)(A) for each 
                job opportunity indicated under subparagraph (C).
            (2) Applications by associations on behalf of employer 
        members.--
                    (A) In general.--An agricultural association may 
                file an application under paragraph (1) for registered 
                workers on behalf of its employer members.
                    (B) Employers.--An application under subparagraph 
                (A) shall cover those employer members of the 
                association that the association certifies in its 
                application have agreed in writing to comply with the 
                requirements of this Act.
    (b) Amendment of Applications.--Prior to receiving a referral of 
workers from a registry, an employer may amend an application under 
this subsection if the employer's need for workers changes. If an 
employer makes a material amendment to an application on a date which 
is later than 28 days prior to the date on which the workers on the 
amended application are sought to be employed, the Secretary may delay 
issuance of the report described in section 302(b) by the number of 
days by which the filing of the amended application is later than 28 
days before the date on which the employer desires to employ workers.
    (c) Assurances.--The assurances referred to in subsection (a)(1)(F) 
are the following:
            (1) Assurance that the job opportunity is not a result of a 
        labor dispute.--The employer shall assure that the job 
        opportunity for which the employer requests a registered worker 
        is not vacant because a worker is involved in a strike, 
        lockout, or work stoppage in the course of a labor dispute 
        involving the job opportunity at the place of employment.
            (2) Assurance that the job opportunity is temporary or 
        seasonal.--
                    (A) Required assurance.--The employer shall assure 
                that the job opportunity for which the employer 
                requests a registered worker is temporary or seasonal.
                    (B) Seasonal basis.--For purposes of this Act, 
                labor is performed on a seasonal basis where, 
                ordinarily, the employment pertains to or is of the 
                kind exclusively performed at certain seasons or 
                periods of the year and which, from its nature, may not 
                be continuous or carried on throughout the year.
                    (C) Temporary basis.--For purposes of this Act, a 
                worker is employed on a temporary basis where the 
                employment is intended not to exceed 10 months.
            (3) Assurance of provision of required wages and 
        benefits.--The employer shall assure that the employer will 
        provide the wages and benefits required by subsections (a), 
        (b), and (c) of section 304 to all workers employed in job 
        opportunities for which the employer has applied under 
        subsection (a) and to all other workers in the same occupation 
        at the place of employment, and in no case less than the 
        greater of the hourly wage prescribed under section 6(a)(1) of 
        the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)), or 
        the applicable State minimum wage.
            (4) Assurance of employment.--The employer shall assure 
        that the employer will not refuse to employ qualified 
        individuals referred under section 302, and will terminate 
        qualified individuals employed pursuant to this Act only for 
        lawful job-related reasons, including lack of work.
            (5) Assurance of compliance with labor laws.--
                    (A) In general.--An employer who requests 
                registered workers shall assure that, except as 
                otherwise provided in this Act, the employer will 
                comply with all applicable Federal, State, and local 
                labor laws, including laws affecting migrant and 
                seasonal agricultural workers, with respect to all 
                United States workers and alien workers employed by the 
                employer.
                    (B) Limitations.--The disclosure required under 
                section 201(a) of the Migrant and Seasonal Agricultural 
                Worker Protection Act (29 U.S.C. 1821(a)) may be made 
                at any time prior to the time the alien is issued a 
                visa permitting entry into the United States.
            (6) Assurance of advertising of the registry.--The employer 
        shall assure that 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 advertising of job opportunities.--The 
        employer shall assure that not later than 14 days after 
        submitting an application to a registry for workers under 
        subsection (a) the employer will advertise the availability of 
        the job opportunities for which the employer is seeking workers 
        from the registry in a publication in the local labor market 
        that is likely to be patronized by potential farmworkers, if 
        any, and refer interested workers to register with the 
        registry.
            (8) Assurance of contacting former workers.--The employer 
        shall assure that the employer has made reasonable efforts 
        through the sending of a letter by United States Postal Service 
        mail, or otherwise, to contact any eligible worker the employer 
        employed during the previous season in the occupation at the 
place of intended employment for which the employer is applying for 
registered workers, and has made the availability of the employer's job 
opportunities in the occupation at the place of intended employment 
known to such previous worker, unless the worker was terminated from 
employment by the employer for a lawful job-related reason or abandoned 
the job before the worker completed the period of employment of the job 
opportunity for which the worker was hired.
            (9) Assurance of provision of workers compensation.--The 
        employer shall assure that if the job opportunity is not 
        covered by the State workers' compensation law, that the 
        employer will provide, at no cost to the worker, insurance 
        covering injury and disease arising out of and in the course of 
        the worker's employment which will provide benefits at least 
        equal to those provided under the State workers' compensation 
        law for comparable employment.
            (10) Assurance of payment of alien employment user fee.--
        The employer shall assure that if the employer receives a 
        notice of insufficient workers under section 302(c), such 
        employer shall promptly pay the alien employment user fee 
        determined under section 404(b)(1)(B) for each job opportunity 
        to be filled by an eligible alien as required under such 
        section.
    (d) Withdrawal of Applications.--
            (1) In general.--An employer may withdraw an application 
        under subsection (a), except that, if the employer is an 
        agricultural association, the association may withdraw an 
        application under subsection (a) with respect to one or more of 
        its members. To withdraw an application, the employer shall 
        notify the Secretary in writing, and the Secretary shall 
        acknowledge in writing the receipt of such withdrawal notice. 
        An employer who withdraws an application under subsection (a), 
        or on whose behalf an application is withdrawn, is relieved of 
        the obligations undertaken in the application.
            (2) Limitation.--An application may not be withdrawn while 
        any alien provided status under this Act pursuant to such 
        application is employed by the employer.
            (3) Obligations under other statutes.--Any obligation 
        incurred by an employer under any other law or regulation as a 
        result of recruitment of United States workers under an offer 
        of terms and conditions of employment required as a result of 
        making an application under subsection (a) is unaffected by 
        withdrawal of such application.
    (e) Review of Application.--
            (1) In general.--Promptly upon receipt of an application by 
        an employer under subsection (a), the Secretary shall review 
        the application for compliance with the requirements of such 
        subsection.
            (2) Approval of applications.--If the Secretary determines 
        that an application meets the requirements of subsection (a), 
        and the employer is not ineligible to apply under paragraph 
        (2), (3), or (4) of section 305(b), the Secretary shall, not 
        later than 7 days after the receipt of such application, 
        approve the application and so notify the employer.
            (3) Rejection of applications.--If the Secretary determines 
        that an application fails to meet 1 or more of the requirements 
        of subsection (a), the Secretary, as expeditiously as possible, 
        but in no case later than 7 days after the receipt of such 
        application, shall--
                    (A) notify the employer of the rejection of the 
                application and the reasons for such rejection, and 
                provide the opportunity for the prompt resubmission of 
                an amended application; and
                    (B) offer the applicant an opportunity to request 
                an expedited administrative review or a de novo 
                administrative hearing before an administrative law 
                judge of the rejection of the application.
            (4) Rejection for program violations.--The Secretary shall 
        reject the application of an employer under this section if--
                    (A) the employer has been determined to be 
                ineligible to employ workers under section 401(b); or
                    (B) the employer during the previous two-year 
                period employed H-2A workers or registered workers and 
                the Secretary of Labor has determined, after notice and 
                opportunity for a hearing, that the employer at any 
                time during that period substantially violated a 
                material term or condition of the assurances made with 
                respect to the employment of United States workers or 
                nonimmigrant workers.
        No employer may have applications under this section rejected 
        for more than 3 years for any violation described in this 
        paragraph.

SEC. 302. SEARCH OF REGISTRY.

    (a) Search Process and Referral to the Employer.--Upon the approval 
of an application under section 301(e), the Secretary shall promptly 
begin a search of the registry of the State (or States) in which the 
work is to be performed to identify registered United States workers 
and adjusted aliens with the qualifications requested by the employer. 
The Secretary shall contact such qualified registered workers and 
determine, in each instance, whether the worker is ready, willing, and 
able to accept the employer's job opportunity and will make the 
affirmative commitment to work for the employer at the time and place 
needed. The Secretary shall provide to each worker who commits to work 
for the employer the employer's name, address, telephone number, the 
location where the employer has requested that employees report for 
employment, and a statement disclosing the terms and conditions of 
employment.
    (b) Deadline for Completing Search Process; Referral of Workers.--
As expeditiously as possible, but not later than 7 days before the date 
on which an employer desires work to begin, the Secretary shall 
complete the search under subsection (a) and shall transmit to the 
employer a report containing the name, address, and social security 
account number of each registered worker who has made the affirmative 
commitment described in subsection (a) to work for the employer on the 
date needed, together with sufficient information to enable the 
employer to establish contact with the worker. The identification of 
such registered workers in a report shall constitute a referral of 
workers under this section.
    (c) Acceptance of Referrals.--H-2A employers shall accept all 
qualified United States worker referrals who make a commitment to 
report to work at the time and place needed and to complete the full 
period of employment offered, and those adjusted nonimmigrants on the 
registry of the State in which the intended employment is located, and 
the immediately contiguous States. An employer shall not be required to 
accept more referrals than the number of job opportunities for which 
the employer applied to the registry.
    (d) Notice of Insufficient Workers.--If the report provided to the 
employer under subsection (b) does not include referral of a sufficient 
number of registered workers to fill all of the employer's job 
opportunities in the occupation for which the employer applied under 
section 301(a), the Secretary shall indicate in the report the number 
of job opportunities for which registered workers could not be 
referred, and shall promptly transmit a copy of the report to the 
Attorney General and the Secretary of State, by electronic or other 
means ensuring next day delivery.
    (e) User Fee for Certification To Employ Alien Workers.--With 
respect to each job opportunity for which a notice of insufficient 
workers is made, the Secretary shall require the payment of an alien 
employment user fee determined under section 404(b)(1)(B).

SEC. 303. ISSUANCE OF VISAS AND ADMISSION OF ALIENS.

    (a) In General.--
            (1) Number of admissions.--Subject to paragraph (3), the 
        Secretary of State shall promptly issue visas to, and the 
        Attorney General shall admit, as nonimmigrant aliens described 
        in section 101(a)(15)(H)(ii)(a) of the Immigration and 
        Nationality Act a sufficient number of eligible aliens 
        designated by the employer to fill the job opportunities of the 
        employer--
                    (A) upon receipt of a copy of the report described 
                in section 302(c);
                    (B) upon approval of an application (or copy of an 
                application under subsection (b));
                    (C) upon receipt of the report required by 
                subsection (c)(1)(B); or
                    (D) upon receipt of a report under subsection (d).
            (2) Procedures.--The admission of aliens under paragraph 
        (1) shall be subject to the procedures of section 218 of the 
        Immigration and Nationality Act, as amended by this Act.
    (b) Direct Application Upon Failure To Act.--
            (1) Application to the secretary of state.--If the employer 
        has not received a referral of sufficient workers pursuant to 
        section 302(b) or a report of insufficient workers pursuant to 
        section 302(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 301(a), together with evidence of its 
        timely submission. The Secretary of State may consult with the 
        Secretary of Labor in carrying out this paragraph.
            (2) Expedited consideration by secretary of state.--The 
        Secretary of State shall, as expeditiously as possible, but not 
        later than 5 days after the employer files an application under 
        paragraph (1), issue visas to, and the Attorney General shall 
        admit, a sufficient number of eligible aliens designated by the 
        employer to fill the job opportunities for which the employer 
        has applied under that paragraph, if the employer has met the 
        requirements of sections 301 and 302. The employer shall be 
        subject to the alien employment user fee determined under 
        section 404(b)(1)(B) with respect to each job opportunity for 
        which the Secretary of State authorizes the issuance of a visa 
        pursuant to paragraph (2).
    (c) Redetermination of Need.--
            (1) Requests for redetermination.--
                    (A) In general.--An employer may file a request for 
                a redetermination by the Secretary of the employer's 
                need for workers if--
                            (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, if 
                the employer has met the requirements of sections 301 
                and 302 and the conditions described in subparagraph 
                (A).
            (2) Job-related requirements.--An employer shall not be 
        required to initially employ a worker who fails to meet lawful 
        job-related employment criteria, nor to continue the employment 
        of a worker who fails to meet lawful, job-related standards of 
        conduct and performance, including failure to meet minimum 
        production standards after a 3-day break-in period.
    (d) Emergency Applications.--Notwithstanding subsections (b) and 
(c), the Secretary may promptly transmit a report to the Attorney 
General and Secretary of State providing notice of a need for workers 
under this subsection for an employer--
            (1) who has not employed aliens under this Act in the 
        occupation in question in the prior year's agricultural season;
            (2) who faces an unforeseen need for workers (as determined 
        by the Secretary); and
            (3) with respect to whom the Secretary cannot refer able, 
        willing, and qualified workers from the registry who will 
        commit to be at the employer's place of employment and ready 
        for work within 72 hours or on the date the work for which the 
        worker is needed has begun, whichever is later.
The employer shall be subject to the alien employment user fee 
determined under section 404(b)(1)(B) with respect to each job 
opportunity for which a notice of insufficient workers is made pursuant 
to this subsection.
    (e) Regulations.--The Secretary of State shall prescribe 
regulations to provide for the designation of aliens under this 
section.

SEC. 304. EMPLOYMENT REQUIREMENTS.

    (a) Required Wages.--
            (1) In general.--An employer applying under section 301(a) 
        for workers shall offer to pay, and shall pay, all workers in 
        the occupation or occupations for which the employer has 
        applied for workers from the registry, not less (and is not 
        required to pay more) than the greater of the prevailing wage 
        in the occupation in the area of intended employment or the 
        adverse effect wage rate. No worker shall be paid less than the 
        greater of the hourly wage prescribed under section 6(a)(1) of 
        the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)), or 
        the applicable State minimum wage.
            (2) Payment of prevailing wage determined by a state 
        employment security agency sufficient.--In complying with 
        paragraph (1), an employer may request and obtain a prevailing 
        wage determination from the State employment security agency. 
        If the employer requests such a determination, and pays the 
        wage required by paragraph (1) based upon such a determination, 
        such payment shall be considered sufficient to meet the 
        requirement of paragraph (1).
            (3) Reliance on wage survey.--In lieu of the procedure of 
        paragraph (2), an employer may rely on other information, such 
        as an employer-generated prevailing wage survey that the 
        Secretary determines meets criteria specified by the Secretary 
        in regulations.
            (4) Alternative methods of payment permitted.--
                    (A) In general.--A prevailing wage may be expressed 
                as an hourly wage, a piece rate, a task rate, or other 
                incentive payment method, including a group rate. The 
                requirement to pay at least the prevailing wage in the 
                occupation and area of intended employment does not 
                require an employer to pay by the method of pay in 
                which the prevailing rate is expressed, except that, if 
                the employer adopts a method of pay other than the 
                prevailing rate, the burden of proof is on the employer 
                to demonstrate that the employer's method of pay is 
                designed to produce earnings equivalent to the earnings 
                that would result from payment of the prevailing rate.
                    (B) Compliance when paying an incentive rate.--In 
                the case of an employer that pays a piece rate or task 
                rate or uses any other incentive payment method, 
                including a group rate, the employer shall be 
                considered to be in compliance with any applicable 
                hourly wage requirement if the average of the hourly 
                earnings of the workers, taken as a group, in the 
                activity for which a piece rate, task rate, or other 
                incentive payment, including a group rate, is paid, for 
                the pay period, is at least equal to the required 
                hourly wage, except that no worker shall be paid less 
                than the hourly wage prescribed under section 6(a)(1) 
                of the Fair Labor Standards Act of 1938 (29 U.S.C. 
                206(a)(1)) or the applicable State minimum wage.
                    (C) Task rate.--For purposes of this paragraph, the 
                term ``task rate'' means an incentive payment method 
                based on a unit of work performed such that the 
                incentive rate varies with the level of effort required 
                to perform individual units of work.
                    (D) Group rate.--For purposes of this paragraph, 
                the term ``group rate'' means an incentive payment 
                method in which the payment is shared among a group of 
                workers working together to perform the task.
    (b) Requirement To Provide Housing.--
            (1) In general.--
                    (A) Requirement.--An employer applying under 
                section 301(a) for registered workers shall offer to 
                provide housing at no cost (except for charges 
                permitted by paragraph (5)) to all workers employed in 
job opportunities to which the employer has applied under that section, 
and to all other workers in the same occupation at the place of 
employment, whose place of residence is beyond normal commuting 
distance.
                    (B) Liability.--An employer not complying with 
                subparagraph (A) shall be liable to a registered worker 
                for the costs of housing equivalent to the type of 
                housing required to be provided under that subparagraph 
                and shall not be liable for any employment-related 
                obligation solely by reason of such noncompliance.
            (2) Type of housing.--In complying with paragraph (1), an 
        employer may, at the employer's election, provide housing that 
        meets applicable Federal standards for temporary labor camps or 
        secure housing that meets applicable local standards for rental 
        or public accommodation housing or other substantially similar 
        class of habitation, or, in the absence of applicable local 
        standards, State standards for rental or public accommodation 
        housing or other substantially similar class of habitation.
            (3) Workers engaged in the range production of livestock.--
        The Secretary shall issue regulations that address the specific 
        requirements for the provision of housing to workers engaged in 
        the range production of livestock.
            (4) Limitation.--Nothing in this subsection shall be 
        construed to require an employer to provide or secure housing 
        for persons who were not entitled to such housing under the 
        temporary labor certification regulations in effect on June 1, 
        1986.
            (5) Charges for housing.--
                    (A) Utilities and maintenance.--An employer who 
                provides housing to a worker pursuant to paragraph (1) 
                may charge an amount equal to the fair market value 
                (but not greater than the employer's actual cost) for 
                maintenance and utilities, or such lesser amount as 
                permitted by law.
                    (B) Security deposit.--An employer who provides 
                housing to workers pursuant to paragraph (1) may 
                require, as a condition for providing such housing, a 
                deposit not to exceed $50 from workers occupying such 
                housing to protect against gross negligence or willful 
                destruction of property.
                    (C) Damages.--An employer who provides housing to 
                workers pursuant to paragraph (1) may require a worker 
                found to have been responsible for damage to such 
                housing which is not the result of normal wear and tear 
                related to habitation to reimburse the employer for the 
                reasonable cost of repair of such damage.
            (6) Housing allowance as alternative.--
                    (A) In general.--In lieu of offering housing 
                pursuant to paragraph (1), the employer may provide a 
                reasonable housing allowance during the 3-year period 
                beginning on the date of enactment of this Act. After 
                the expiration of that period such allowance may be 
                provided only if the requirement of subparagraph (B) is 
                satisfied or, in the case of a certification under 
                subparagraph (B) that is expired, the requirement of 
                subparagraph (C) is satisfied. Upon the request of a 
                worker seeking assistance in locating housing, the 
                employer shall make a good faith effort to assist the 
                worker in identifying and locating housing in the area 
                of intended employment. An employer who offers a 
                housing allowance to a worker, or assists a worker in 
                locating housing which the worker occupies, pursuant to 
                this subparagraph shall not be deemed to be a housing 
                provider under section 203 of the Migrant and Seasonal 
                Agricultural Worker Protection Act (29 U.S.C. 1823) 
                solely by virtue of providing such housing allowance.
                    (B) Certification.--The requirement of this 
                subparagraph is satisfied if the Governor of the State 
                certifies to the Secretary that there is adequate 
                housing available in an area of intended employment for 
                migrant farm workers, aliens provided status pursuant 
                to this Act, or nonimmigrant aliens described in 
                section 101(a)(15)(H)(ii)(a) of the Immigration and 
                Nationality Act, who are seeking temporary housing 
                while employed at farm work. Such certification shall 
                expire after 3 years unless renewed by the Governor of 
                the State.
                    (C) Effect of certification.--Notwithstanding the 
                expiration of a certification under subparagraph (B) 
                with respect to an area of intended employment, a 
                housing allowance described in subparagraph (A) may be 
                offered for up to one year after the date of 
                expiration.
                    (D) Amount of allowance.--The amount of a housing 
                allowance under this paragraph shall be equal to the 
                statewide average fair market rental for existing 
                housing for nonmetropolitan counties for the State in 
                which the employment occurs, as established by the 
                Secretary of Housing and Urban Development pursuant to 
                section 8(c) of the United States Housing Act of 1937 
                (42 U.S.C. 1437f(c)), based on a 2-bedroom dwelling 
                unit and an assumption of 2 persons per bedroom.
    (c) Reimbursement of Transportation.--
            (1) To place of employment.--A worker who is referred to a 
        job opportunity under section 302(a), or an alien employed 
        pursuant to this Act, who completes 50 percent of the period of 
        employment of the job opportunity for which the worker was 
        hired, shall be reimbursed by the employer for the cost of the 
        worker's transportation and subsistence from the worker's 
        permanent place of residence (or place of last employment, if 
        the worker traveled from such place) to the place of employment 
        to which the worker was referred under section 302(a).
            (2) From place of employment.--A worker who is referred to 
        a job opportunity under section 302(a), or an alien employed 
        pursuant to this Act, who completes the period of employment 
        for the job opportunity involved, shall be reimbursed by the 
        employer for the cost of the worker's transportation and 
subsistence from the place of employment to the worker's place of 
residence, or to the place of next employment, if the worker has 
contracted with a subsequent employer who has not agreed to provide or 
pay for the worker's transportation and subsistence to such subsequent 
employer's place of employment.
            (3) Limitation.--
                    (A) Amount of reimbursement.--Except as provided in 
                subparagraph (B), the amount of reimbursement provided 
                under paragraph (1) or (2) to a worker or alien shall 
                not exceed the lesser of--
                            (i) the actual cost to the worker or alien 
                        of the transportation and subsistence involved; 
                        or
                            (ii) the most economical and reasonable 
                        common carrier transportation charges and 
                        subsistence costs for the distance involved.
                    (B) Distance traveled.--No reimbursement under 
                paragraph (1) or (2) shall be required if the distance 
                traveled is 100 miles or less, or the worker is not 
                residing in employer-provided housing or housing 
                secured through a voucher as provided in subsection 
                (b)(6).
                    (C) Place of recruitment.--For the purpose of the 
                reimbursement required under paragraph (1) or (2) to 
                aliens admitted pursuant to this Act, the alien's place 
                of residence shall be deemed to be the place where the 
                alien was issued the visa authorizing admission to the 
                United States or, if no visa was required, the place 
                from which the alien departed the foreign country to 
                travel to the United States.
    (d) Continuing Obligation To Employ United States Workers.--
            (1) In general.--An employer that applies for registered 
        workers under section 301(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 302(b) after the employer receives the report 
        described in section 302(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 301(a) has elapsed; or
                    (B) during any period in which the employer is 
                employing no H-2A workers in the occupation for which 
                the United States worker was referred; or
                    (C) during any period when the Secretary is 
                conducting a search of a registry for workers in the 
                occupation and area of intended employment to which the 
                worker has been referred, or in other occupations in 
                the area of intended employment for which the worker 
                that has been referred is qualified and that offer 
                substantially similar terms and conditions of 
                employment.
            (3) Limitation on requirement to provide housing.--
        Notwithstanding any other provision of this Act, an employer to 
        whom a registered worker is referred pursuant to paragraph (1) 
        may provide a reasonable housing allowance to such referred 
        worker in lieu of providing housing if the employer does not 
        have sufficient housing to accommodate the referred worker and 
        all other workers for whom the employer is providing housing or 
        has committed to provide housing.
            (4) Referral of workers during 50-percent period.--The 
        Secretary shall make all reasonable efforts to place a 
        registered worker in an open job acceptable to the worker, 
        including available jobs not listed on the registry, before 
        referring such worker to an employer for a job opportunity 
        already filled by, or committed to, an alien admitted pursuant 
        to this Act.

SEC. 305. PROGRAM FOR THE ADMISSION OF TEMPORARY H-2A WORKERS.

    Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188) 
is amended to read as follows:

                 ``admission of temporary h-2a workers

    ``Sec. 218. (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 302 of the Agricultural Job 
                        Opportunity Benefits and Security Act of 1999, 
                        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.--
                                    ``(I) In general.--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). Such an alien 
shall depart the United States to be eligible for admission under this 
section.
                                    ``(II) Termination.--Subclause (I) 
                                shall terminate on the date that is 4 
                                years after the date of the enactment 
                                of the Agricultural Job Opportunity 
                                Benefits and Security Act of 1999.
                    ``(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 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 pursuant to an 
                        application to the Secretary of Labor under 
                        section 302 of the Agricultural Job Opportunity 
                        Benefits and Security Act of 1999 by the 
                        employer who prematurely abandons the alien's 
                        employment.
                            ``(iii) Removal by the attorney general.--
                        The Attorney General shall promptly remove from 
                        the United States aliens admitted pursuant to 
                        section 101(a)(15)(H)(ii)(a) who have failed to 
                        maintain nonimmigrant status or who have 
                        otherwise violated the terms of a visa issued 
                        under this title.
                            ``(iv) Voluntary termination.--
                        Notwithstanding the provisions of clause (i), 
                        an alien may voluntarily terminate his or her 
                        employment if the alien promptly departs the 
                        United States upon termination of such 
                        employment.
                    ``(D) Identification document and identification 
                system.--
                            ``(i) In general.--Each alien admitted 
                        under this section shall, upon receipt of a 
                        visa, be given an identification and employment 
                        eligibility document to verify eligibility for 
                        employment in the United States and verify such 
                        person's proper identity.
                            ``(ii) Requirements.--No identification and 
                        employment eligibility document may be issued 
                        and no identification system may be implemented 
                        which does not meet the following requirements:
                                    ``(I) The document and system shall 
                                be capable of reliably determining 
                                whether--
                                            ``(aa) the individual with 
                                        the identification and 
                                        employment eligibility document 
                                        whose eligibility is being 
                                        verified is in fact eligible 
                                        for employment,
                                            ``(bb) the individual whose 
                                        eligibility is being verified 
                                        is claiming the identity of 
                                        another person, and
                                            ``(cc) the individual whose 
                                        eligibility is being verified 
                                        has been properly admitted 
                                        under this section.
                                    ``(II) The document shall be in the 
                                form that is resistant to 
                                counterfeiting and to tampering.
                                    ``(III) The document and system 
                                shall--
                                            ``(aa) be compatible with 
                                        other Immigration and 
                                        Naturalization Service 
                                        databases and other Federal 
                                        government databases for the 
                                        purpose of excluding aliens 
                                        from benefits for which they 
                                        are not eligible and to 
                                        determine whether the alien is 
                                        illegally present in the United 
                                        States, and
                                            ``(bb) be compatible with 
                                        law enforcement databases to 
                                        determine if the alien has been 
                                        convicted of criminal offenses.
            ``(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 302(a)(1) of the Agricultural Job Opportunity 
                Benefits and Security Act of 1999 has been submitted 
                seeks to employ an alien who has acquired status under 
                this section and who is lawfully present in the United 
                States, the employer shall file with the Attorney 
                General an application for an extension of the alien's 
                stay or a change in the alien's authorized employment. 
                The application shall be accompanied by a copy of the 
                appropriate report or application described in section 
                302 of the Agricultural Job Opportunity Benefits and 
                Security Act of 1999.
                    ``(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 that complies with 
                the requirements of subparagraph (A), 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 
                it 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) 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 withholding a 
portion of the aliens' wages to be refunded upon timely departure is 
necessary as an inducement to assure such departure, then the Attorney 
General shall so report to Congress and make recommendations on 
appropriate courses of action.''.
    (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) Range Production of Livestock.--Nothing in this title shall 
preclude the Secretary of Labor and the Attorney General from 
continuing to apply special procedures to the employment, admission, 
and extension of aliens in the range production of livestock.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. ENHANCED WORKER PROTECTIONS AND LABOR STANDARDS ENFORCEMENT.

    (a) Enforcement Authority.--
            (1) Investigation of complaints.--
                    (A) Aggrieved person or third party complaints.--
                The Secretary shall establish a process for the 
                receipt, investigation, and disposition of complaints 
                respecting an employer's failure to meet a condition 
                specified in section 301 or an employer's 
                misrepresentation of material facts in an application 
                under that section, or violation of the provisions 
                described in subparagraph (B). Complaints may be filed 
                by any aggrieved person or any organization (including 
                bargaining representatives). No investigation or 
                hearing shall be conducted on a complaint concerning 
                such a failure or misrepresentation unless the 
                complaint was filed not later than 12 months after the 
                date of the failure or misrepresentation, as the case 
                may be. The Secretary shall conduct an investigation 
                under this paragraph if there is reasonable cause to 
                believe that such a failure or misrepresentation has 
                occurred.
                    (B) Expedited investigation of serious child labor, 
                wage, and housing violations.--The Secretary shall 
                complete an investigation and issue a written 
                determination as to whether or not a violation has been 
                committed within 10 days of the receipt of a complaint 
                pursuant to subparagraph (A) if there is reasonable 
                cause to believe that any of the following serious 
                violations have occurred:
                            (i) A violation of section 12(c) of the 
                        Fair Labor Standards Act of 1938 (29 U.S.C. 
                        212(c)).
                            (ii) A failure to make a wage payment, 
                        except that complaints alleging that an amount 
                        less than the wages due has been paid shall be 
                        handled pursuant to subparagraph (A).
                            (iii) A failure to provide the housing 
                        allowance required under section 304(b)(6).
                            (iv) Providing housing pursuant to section 
                        304(b)(1) that fails to comply with standards 
                        under section 304(b)(2) and which poses an 
                        immediate threat of serious bodily injury or 
                        death to workers.
                    (C) Statutory construction.--Nothing in this Act 
                limits the authority of the Secretary of Labor to 
                conduct any compliance investigation under any other 
                labor law, including any law affecting migrant and 
                seasonal agricultural workers or, in the absence of a 
                complaint under this paragraph, under this Act.
            (2) Written notice of finding and opportunity for appeal.--
        After an investigation has been conducted, the Secretary shall 
        issue a written determination as to whether or not any 
        violation described in subsection (b) has been committed. The 
        Secretary's determination shall be served on the complainant 
        and the employer, and shall provide an opportunity for an 
appeal of the Secretary's decision to an administrative law judge, who 
may conduct a de novo hearing.
            (3) Ability of alien workers to change employers.--
                    (A) In general.--Pending the completion of an 
                investigation pursuant to paragraph (1)(A), the 
                Secretary may permit the transfer of an aggrieved 
                person who has filed a complaint under such paragraph 
                to an employer that--
                            (i) has been approved to employ workers 
                        under this Act; and
                            (ii) agrees to accept the person for 
                        employment.
                    (B) Replacement worker.--An aggrieved person may 
                not be transferred under subparagraph (A) until such 
                time as the employer from whom the person is to be 
                transferred receives a requested replacement worker 
                referred by a registry pursuant to section 302 of this 
                Act or provided status under section 
                101(a)(15)(H)(ii)(a) of the Immigration and Nationality 
                Act.
                    (C) Limitation.--An employer from whom an aggrieved 
                person has been transferred under this paragraph shall 
                have no obligation to reimburse the person for the cost 
                of transportation prior to the completion of the period 
                of employment referred to in section 304(c).
                    (D) Voluntary transfer.--Notwithstanding this 
                paragraph, an employer may voluntarily agree to 
                transfer a worker to another employer that--
                            (i) has been approved to employ workers 
                        under this Act; and
                            (ii) agrees to accept the person for 
                        employment.
    (b) Remedies.--
            (1) Back wages.--Upon a final determination that the 
        employer has failed to pay wages as required under this 
        section, the Secretary may assess payment of back wages due to 
        any United States worker or alien described in section 
        101(a)(15)(H)(ii)(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 person for whom the employer failed to pay the 
        required wage, and may recommend to the Attorney General the 
        disqualification of the employer from the employment of aliens 
        described in section 101(a)(15)(H)(ii)(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 401(a) has--
                    (A) filed an application that misrepresents a 
                material fact;
                    (B) failed to meet a condition specified in section 
                401; or
                    (C) committed a serious violation of subsection 
                (a)(1)(B),
        the Secretary may seek a cease and desist order and assess a 
        civil money penalty not to exceed $1,000 for each violation and 
        may recommend to the Attorney General the disqualification of 
        the employer if the Secretary finds it to be a substantial 
        misrepresentation or violation of the requirements for the 
        employment of any United States workers or aliens described in 
        section 101(a)(15)(ii)(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) Expanded program disqualification.--
                    (A) 3 years for second violation.--Upon a second 
                final determination that an employer has failed to pay 
                the wages required under this Act, or a second final 
                determination that the employer has committed another 
                substantial violation under paragraph (3) in the same 
                category of violations, with respect to the same alien, 
                the Secretary shall report such determination to the 
                Attorney General and the Attorney General shall 
                disqualify the employer from the employment of aliens 
                described in section 101(a)(15)(H)(ii)(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.
    (d) Study of Agricultural Labor Standards and Enforcement.--
            (1) Commission on housing migrant agricultural workers.--
                    (A) Establishment.--There is established the 
                Commission on Housing Migrant Agricultural Workers (in 
                this paragraph referred to as the ``Commission'').
                    (B) Composition.--The Commission shall consist of 
                12 members, as follows:
                            (i) Four representatives of agricultural 
                        employers and one representative of the 
                        Department of Agriculture, each appointed by 
                        the Secretary of Agriculture.
                            (ii) Four representatives of agricultural 
                        workers and one representative of the 
                        Department of Labor, each appointed by the 
                        Secretary of Labor.
                            (iii) One State or local official 
                        knowledgeable about farmworker housing and one 
                        representative of Housing and Urban 
                        Development, each appointed by the Secretary of 
                        Housing and Urban Development.
                    (C) Functions.--The Commission shall conduct a 
                study of the problem of in-season housing for migrant 
                agricultural workers.
                    (D) Interim reports.--The Commission may at any 
                time submit interim reports to Congress describing the 
                findings made up to that time with respect to the study 
                conducted under subparagraph (C).
                    (E) Final report.--Not later than 3 years after the 
                date of enactment of this Act, the Commission shall 
                submit a report to Congress setting forth the findings 
                of the study conducted under subparagraph (C).
                    (F) Termination date.--The Commission shall 
                terminate upon filing its final report.
            (2) Study of relationship between child care and child 
        labor.--The Secretaries of Labor, Agriculture, and Health and 
        Human Services shall jointly conduct a study of the issues 
        relating to child care of migrant agricultural workers. Such 
        study shall address issues related to the adequacy of 
        educational and day care services for migrant children and the 
        relationship, if any, of child care needs and child labor 
        violations in agriculture. An evaluation of migrant and 
        seasonal Head Start programs (as defined in section 637(12) of 
        the Head Start Act) as they relate to these issues shall be 
        included as a part of the study.
            (3) Study of field sanitation.--The Secretary of Labor and 
        the Secretary of Agriculture shall jointly conduct a study 
        regarding current field sanitation standards in agriculture and 
        evaluate alternative approaches and innovations that may 
        further compliance with such standards.
            (4) Study of coordinated and targeted labor standards 
        enforcement.--The Secretary, in consultation with the Secretary 
        of Agriculture, shall conduct a study of the most persistent 
        and serious labor standards violations in agriculture and 
        evaluate the most effective means of coordinating enforcement 
        efforts between Federal and State officials. The study shall 
        place primary emphasis on the means by which Federal and State 
        authorities, in consultation with representatives of workers 
        and agricultural employers, may develop more effective methods 
        of targeting resources at repeated and egregious violators of 
        labor standards. The study also shall consider ways of 
        facilitating expanded education among agricultural employers 
        and workers regarding compliance with labor standards and 
        evaluate means of broadening such education on a cooperative 
        basis among employers and workers.
            (5) Report.--Not later than 3 years after the date of 
        enactment of this Act, with respect to each study required to 
        be conducted under paragraphs (2) through (4), the Secretary or 
        group of Secretaries required to conduct the study shall submit 
        to Congress a report setting forth the findings of the study.

SEC. 402. BILATERAL COMMISSIONS.

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

SEC. 403. REGULATIONS.

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

SEC. 404. DETERMINATION AND USE OF USER FEES.

    (a) Schedule of Fees.--The Secretary of Labor shall establish and 
periodically adjust a schedule for the registry user fee and the alien 
employment user fee imposed under this Act, and a collection process 
for such fees from employers participating in the programs provided 
under this Act. Such fees shall be the only fees chargeable to 
employers for services provided under this Act.
    (b) Determination of Schedule.--
            (1) In general.--The schedule under subsection (a) shall 
        reflect a fee rate based on the number of job opportunities 
        indicated in an employer's application under section 
        301(a)(1)(C) and sufficient to provide for the reimbursement of 
        the direct costs of providing the following services:
                    (A) Registry user fee.--Services provided through 
                the agricultural worker registries established under 
                section 301(a), including registration, referral, and 
                validation, but not including services that would 
                otherwise be provided by the Secretary of Labor under 
                related or similar programs if such registries had not 
                been established.
                    (B) Alien employment user fee.--Services related to 
                an employer's authorization to employ eligible aliens 
                pursuant to this Act, including the establishment and 
                certification of eligible employers, the issuance of 
                documentation, and the admission of eligible aliens.
            (2) Procedure.--
                    (A) In general.--In establishing and adjusting such 
                schedule, the Secretary of Labor shall comply with 
                Federal cost accounting and fee setting standards.
                    (B) Publication and comment.--The Secretary of 
                Labor shall publish in the Federal Register an initial 
                fee schedule and associated collection process and the 
                cost data or estimates upon which such fee schedule is 
                based, and any subsequent amendments thereto, pursuant 
                to which public comment will be sought and a final rule 
                issued.
    (c) Use of Proceeds.--
            (1) In general.--All proceeds resulting from the payment of 
        registry user fees and alien employment user fees shall be 
        available without further appropriation and shall remain 
        available without fiscal year limitation to reimburse the 
        Secretaries of Labor, State, and Agriculture, and the Attorney 
        General for the costs of carrying out section 218 of the 
        Immigration and Nationality Act and the provisions of this Act.
            (2) Limitation on enforcement costs.--In making a 
        determination of reimbursable costs under paragraph (1), the 
        Secretary of Labor shall provide that reimbursement of the 
        costs of enforcement under section 401 shall not exceed 10 
        percent of the direct costs of the Secretary described in 
        subsection (b)(1) (A) and (B).

SEC. 405. FUNDING FOR STARTUP COSTS.

    If additional funds are necessary to pay the startup costs of the 
agricultural worker registries established under section 301(a), such 
costs may be paid out of amounts available to Federal or State 
governmental entities under the Wagner-Peyser Act (29 U.S.C. 49 et 
seq.). Proceeds described in section 404(c) may be used to reimburse 
the use of such available amounts.

SEC. 406. REPORT TO CONGRESS.

    (a) Requirement.--Not later than 4 years after the effective date 
under section 408, the Resources, Community and Economic Development 
Division, and the Health, Education and Human Services Division, of the 
Office of the Comptroller General of the United States shall jointly 
prepare and transmit to the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the Senate a 
report describing the results of a review of the implementation of and 
compliance with this Act. The report shall address--
            (1) whether the program has ensured an adequate and timely 
        supply of qualified, eligible workers at the time and place 
        needed by employers;
            (2) whether the program has ensured that aliens admitted 
        under this program are employed only in authorized employment, 
        and that they timely depart the United States when their 
        authorized stay ends;
            (3) whether the program has ensured that participating 
        employers comply with the requirements of the program with 
        respect to the employment of United States workers and aliens 
        admitted under this program;
            (4) whether the program has ensured that aliens admitted 
        under this program are not displacing eligible, qualified 
        United States workers or diminishing the wages and other terms 
        and conditions of employment of eligible United States workers;
            (5) to the extent practicable, compare the wages and other 
        terms of employment of eligible United States workers and 
        aliens employed under this program with the wages and other 
        terms of employment of agricultural workers who are not 
        authorized to work in the United States;
            (6) whether the housing provisions of this program ensure 
        that adequate housing is available to workers employed under 
        this program who are required to be provided housing or a 
        housing allowance;
            (7) recommendations for improving the operation of the 
        program for the benefit of participating employers, eligible 
        United States workers, participating aliens, and governmental 
        agencies involved in administering the program; and
            (8) recommendations for the continuation or termination of 
        the program under this Act.
    (b) Advisory Board.--There shall be established an advisory board 
to be composed of--
            (1) four representatives of agricultural employers to be 
        appointed by the Secretary of Agriculture, including 
        individuals who have experience with the H-2A program; and
            (2) four representatives of agricultural workers to be 
        appointed by the Secretary of Labor, including individuals who 
        have experience with the H-2A program,
to provide advice to the Comptroller General in the preparation of the 
reports required under subsection (a).

SEC. 407. EFFECTIVE DATE.

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