[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1313 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1313

To provide for the adjustment of status of certain foreign agricultural 
 workers, to amend the Immigration and Nationality Act to reform the H-
       2A worker program under that Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2001

 Mr. Kennedy (for himself, Mr. Dodd, and Mr. Wellstone) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide for the adjustment of status of certain foreign agricultural 
 workers, to amend the Immigration and Nationality Act to reform the H-
       2A worker program under that Act, 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 ``H-2A Reform and 
Agricultural Worker Adjustment Act of 2001''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

Sec. 101. Agricultural workers.
Sec. 102. Correction of Social Security records.
                TITLE II--REFORM OF H-2A WORKER PROGRAM

Sec. 201. Amendment to the Immigration and Nationality Act.
                  TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Coverage of H-2A agricultural workers under the Migrant and 
                            Seasonal Agricultural Worker Protection 
                            Act.
Sec. 302. Right to organize.
Sec. 303. Tax equity and workforce improvement fund.
Sec. 304. Regulations.
Sec. 305. Effective date.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agricultural employment.--The term ``agricultural 
        employment'' means any service or activity that is considered 
        to be agricultural under section 3(f) of the Fair Labor 
        Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural labor 
        under section 3121(g) of the Internal Revenue Code of 1986 (26 
        U.S.C. 3121(g)). For purposes of this paragraph, agricultural 
        employment includes 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)).
            (2) Displace.--In the case of an application with respect 
        to one or more H-2A workers by an employer, the employer is 
        considered to ``displace'' a United States worker from a job if 
        the employer lays off the worker from a job for which the H-2A 
        worker or workers is or are sought.
            (3) Eligible.--The term ``eligible'', when used with 
        respect to an individual, means an individual who is not an 
        unauthorized alien (as defined in section 274A(h)(3) of the 
        Immigration and Nationality Act (8 U.S.C. 1324a(h)(3))).
            (4) Employer.--The term ``employer'' means any person or 
        entity, including any farm labor contractor and any 
        agricultural association, that employs workers in agricultural 
        employment.
            (5) 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 (8 U.S.C. 
        1101(a)(15)(H)(ii)(a)).
            (6) Job opportunity.--The term ``job opportunity'' means a 
        job opening for temporary full-time employment at a place in 
        the United States to which United States workers can be 
        referred.
            (7) Lays off.--
                    (A) In general.--The term ``lays off'', with 
                respect to a worker--
                            (i) means to cause the worker's loss of 
                        employment, other than through a discharge for 
                        inadequate performance, violation of workplace 
                        rules, cause, voluntary departure, voluntary 
                        retirement, contract impossibility (as 
                        described in section 218A(b)(4)(D) of the 
                        Immigration and Nationality Act, as added by 
                        section 201 of this Act), temporary layoffs due 
                        to weather, markets, or other temporary 
                        conditions; but
                            (ii) does not include any situation in 
                        which the worker is offered, as an alternative 
                        to such loss of employment, a similar 
                        employment opportunity with the same employer 
                        (or, in the case of a placement of a worker 
                        with another employer under section 
                        218(b)(2)(E) of the Immigration and Nationality 
                        Act, as added by section 201 of this Act, with 
                        either employer described in such section 
                        218(b)(2)(E)) at equivalent or higher 
                        compensation and benefits than the position 
                        from which the employee was discharged, 
                        regardless of whether or not the employee 
                        accepts the offer.
                    (B) Statutory construction.--Nothing in this 
                paragraph is intended to limit an employee's rights 
                under a collective bargaining agreement or other 
                employment contract.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (9) Temporary.--A worker is employed on a ``temporary'' 
        basis where the employment is intended not to exceed 10 months.
            (10) 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, except an alien admitted or otherwise 
        provided status under section 101(a)(15)(H)(ii)(a) of the 
        Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(H)(ii)(a)).
            (11) 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 LAWFUL STATUS

SEC. 101. AGRICULTURAL WORKERS.

    (a) Temporary Resident Status.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Attorney General shall adjust the status of an alien 
who qualifies under this subsection to that of an alien lawfully 
admitted for temporary residence 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--
                            (i) performed agricultural employment in 
                        the United States for at least 540 hours or 90 
                        work days, whichever is less, during any 12 
                        consecutive months during the 18-month period 
                        ending on June 30, 2001; or
                            (ii) applied for lawful residence as a 
                        special agricultural worker under section 210 
                        of the Immigration and Nationality Act or 
                        section 210A of that Act (as in effect prior to 
                        October 25, 1994), was otherwise eligible, but 
                        was denied relief because the alien's 
                        employment in sugar cane was determined to fall 
                        outside of the section's definition of 
                        ``seasonal agricultural services''.
                    (B) Application period.--The alien must apply for 
                such adjustment during the 18-month application period 
                beginning on the 1st day of the 7th month that begins 
                after the date of the enactment of this Act.
                    (C) Admissible as immigrant.--The alien must 
                establish that the alien is otherwise admissible to the 
                United States under section 212 of the Immigration and 
                Nationality Act (8 U.S.C. 1182), except as otherwise 
                provided under subsection (e)(2).
            (2) Authorized travel.--During the period an alien is in 
        lawful temporary resident status granted under this subsection, 
        the alien has the right to travel abroad (including commutation 
        from a residence abroad) in the same manner as an alien 
        lawfully admitted for permanent residence.
            (3) Authorized employment.--During the period an alien is 
        in lawful temporary resident status granted under this 
        subsection, the alien shall be provided an ``employment'' 
        authorized endorsement or other appropriate work permit, in the 
        same manner as an alien lawfully admitted for permanent 
        residence.
            (4) Termination of temporary resident status.--During the 
        period of temporary resident status granted an alien under this 
        subsection, the Attorney General may terminate such status only 
        upon a determination under this Act that the alien is 
        deportable.
            (5) Record of employment.--
                    (A) In general.--Each employer of a worker whose 
                status is adjusted under this subsection annually 
                shall--
                            (i) provide a written record of employment 
                        to the alien; and
                            (ii) provide a copy of such record to the 
                        Immigration and Naturalization Service.
                    (B) Sunset.--The obligation under subparagraph (A) 
                terminates on the date that is 6 years after the date 
                of enactment of this Act.
    (b) Rights of Aliens Granted Temporary Resident Status.--
            (1) In general.--Except as otherwise provided in this 
        subsection, an alien who acquires the status of an alien 
        lawfully admitted for temporary residence under subsection (a), 
        such status not having changed, shall be considered to be an 
        alien lawfully admitted for permanent residence for purposes of 
        any law other than any provision of the Immigration and 
        Nationality Act (8 U.S.C. 1101 et seq.).
            (2) Terms of employment respecting aliens admitted under 
        this section.--
                    (A) Prohibition.--No alien whose status is adjusted 
                under subsection (a) may be terminated from employment 
                by any employer during the period of temporary resident 
                status except for just cause.
                    (B) Treatment of complaints.--
                            (i) Establishment of process.--The Attorney 
                        General shall establish a process for the 
                        receipt, initial review, and disposition in 
                        accordance with this subparagraph of complaints 
                        by aliens granted temporary resident status 
                        under subsection (a) who allege that they have 
                        been terminated without just cause. No 
                        proceeding shall be conducted under this 
                        subparagraph with respect to a termination 
                        unless the Attorney General determines that the 
                        complaint was filed not later than 6 months 
                        after the date of the termination.
                            (ii) Initiation of arbitration.--If the 
                        Attorney General finds that a complaint has 
                        been filed in accordance with clause (i) and 
                        there is reasonable cause to believe that the 
complainant was terminated without just cause, the Attorney General 
shall initiate binding arbitration proceedings by requesting the 
Federal Mediation and Conciliation Service to appoint a mutual 
arbitrator from the roster of arbitrators maintained by such Service 
for the geographical area in which the employer is located. The 
procedure and rules of such Service shall be applicable to the 
selection of such arbitrator and to such arbitration proceedings. The 
Attorney General shall pay the fee and expenses of the arbitrator.
                            (iii) Arbitration proceedings.--The 
                        arbitrator shall conduct the proceeding in 
                        accordance with the policies and procedures 
                        promulgated by the American Arbitration 
                        Association applicable to private arbitration 
                        of employment disputes. The arbitrator shall 
                        make findings respecting whether the 
                        termination was for just cause. The arbitrator 
                        may not find that the termination was for just 
                        cause unless the employer so demonstrates by a 
                        preponderance of the evidence. If the 
                        arbitrator finds that the termination was not 
                        for just cause, the arbitrator shall make a 
                        specific finding of the number of days or hours 
                        of work lost by the employee as a result of the 
                        termination. The arbitrator shall have no 
                        authority to order any other remedy, including, 
                        but not limited to, reinstatement, back pay, or 
                        front pay to the affected employee. Within 30 
                        days from the conclusion of the arbitration 
                        proceeding, the arbitrator shall transmit the 
                        findings in the form of a written opinion to 
                        the parties to the arbitration and the Attorney 
                        General. Such findings shall be final and 
                        conclusive, and no official or court of the 
                        United States shall have the power or 
                        jurisdiction to review any such findings.
                            (iv) Effect of arbitration findings.--If 
                        the Attorney General receives a finding of an 
                        arbitrator that an employer has terminated an 
                        alien granted temporary resident status under 
                        subsection (a) without just cause, the Attorney 
                        General shall credit the alien for the number 
                        of days or hours of work lost for purposes of 
                        the requirement of subsection (c)(1).
                            (v) Treatment of attorneys' fees.--The 
                        parties shall bear the cost of their own 
                        attorneys' fees involved in the litigation of 
                        the complaint.
                            (vi) Nonexclusive remedy.--The complaint 
                        process provided for in this subparagraph is in 
                        addition to any other rights an employee may 
                        have in accordance with applicable law.
                            (vii) Effect on other actions or 
                        proceedings.--Any finding of fact or law, 
                        judgment, conclusion, or final order made by an 
                        arbitrator in the proceeding before the 
                        Attorney General shall not be conclusive or 
                        binding in any separate or subsequent action or 
                        proceeding between the employee and the 
                        employee's current or prior employer brought 
                        before an arbitrator, administrative agency, 
                        court, or judge of any State or the United 
                        States, regardless of whether the prior action 
                        was between the same or related parties or 
                        involved the same facts, except that the 
                        arbitrator's specific finding of the number of 
                        days or hours of work lost by the employee as a 
                        result of the employment termination may be 
                        referred to the Attorney General pursuant to 
                        clause (iv).
                    (C) Civil penalties.--
                            (i) In general.--If the Secretary finds, 
                        after notice and opportunity for a hearing, 
                        that an employer of a worker whose status has 
                        been adjusted under subsection (a) has failed 
                        to provide the record of employment required 
                        under subsection (a)(5) or has provided a false 
                        statement of material fact in such a record, 
                        the employer shall be subject to a civil money 
                        penalty in an amount not to exceed $1,000 per 
                        violation.
                            (ii) Limitation.--The penalty applicable 
                        under clause (i) for failure to provide records 
                        shall not apply unless the alien has provided 
                        the employer with evidence of employment 
                        authorization granted under this section.
    (c) Adjustment to Permanent Residence.--
            (1) Agricultural workers.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Attorney General shall adjust the status of 
                any alien granted lawful temporary resident 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:
                            (i) Qualifying employment.--The alien has 
                        performed at least 540 hours or 90 work days, 
                        whichever is less, of agricultural employment 
                        in the United States, in each of 3 years during 
                        the 4-year period beginning on the date that 
                        the alien first obtains employment 
                        authorization.
                            (ii) Application period.--The alien applies 
                        for adjustment of status not later than the 
                        date that is 7 years after the date of 
                        enactment of this Act.
                            (iii) Proof.--In meeting the requirements 
                        of clause (i), an alien may submit the record 
                        of employment described in subsection (a)(5) or 
                        such documentation as may be submitted under 
                        subsection (d)(3).
                            (iv) Disability.--In determining whether an 
                        alien has met the requirements of clause (i) 
                        the Attorney General shall credit the alien 
                        with any work days lost because the alien is 
                        unable to work in agricultural employment due 
                        to injury or disease arising out of and in the 
                        course of the alien's agricultural employment, 
                        if the alien can establish such disabling 
                        injury or disease through medical records.
                    (B) Grounds for denial of adjustment of status.--
                The Attorney General may deny an alien adjustment to 
                permanent resident status, and provide for termination 
                of the temporary resident status granted such alien 
                under subsection (a), if--
                            (i) the Attorney General finds by a 
                        preponderance of the evidence that the 
                        adjustment to temporary resident status was the 
                        result of fraud or willful misrepresentation, 
                        as described in section 212(a)(6)(C)(i) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1182(a)(6)(C)(i)); or
                            (ii) the alien--
                                    (I) commits an act that makes the 
                                alien inadmissible to the United States 
                                under section 212 of the Immigration 
                                and Nationality Act (8 U.S.C. 1182), 
                                except as provided under subsection 
                                (e)(2); or
                                    (II) is convicted of a felony or 3 
                                or more misdemeanors committed in the 
                                United States.
                    (C) Grounds for removal.--Any alien granted 
                temporary resident status under subsection (a) who does 
                not apply for adjustment of status under this 
                subsection before the expiration of the application 
                period described in subparagraph (A)(ii), or who fails 
                to meet the other requirements of subparagraph (A) by 
                the end of the applicable period, is deportable and may 
                be removed under section 240 of the Immigration and 
                Nationality Act (8 U.S.C. 1229a).
            (2) Spouses and minor children.--
                    (A) In general.--Notwithstanding any other 
                provision of law, the Attorney General shall adjust the 
                status of any spouse or minor child of an alien granted 
                status under paragraph (1), including any individual 
                who was a minor child on the date such alien was 
                granted temporary resident status, if the spouse or 
                minor child applies for such adjustment, or if the 
                principal alien includes the spouse or minor child in 
                an application for such adjustment.
                    (B) Treatment of spouses and minor children prior 
                to adjustment of status.--A spouse or minor child of an 
                alien granted temporary resident status under 
                subsection (a) may not be--
                            (i) removed while such alien maintains such 
                        status; and
                            (ii) granted authorization to engage in 
                        employment in the United States or be provided 
                        an ``employment authorized'' endorsement or 
                        other work permit, unless such employment 
                        authorization is granted under another 
                        provision of law.
    (d) 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, but 
                                only if the applicant is represented by 
                                an attorney; 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 (c) shall be filed directly 
                        with the Attorney General.
                    (B) Outside the united states.--The Attorney 
                General, in cooperation with the Secretary of State, 
                shall establish a procedure whereby an alien may apply 
                for adjustment of status under subsection (a) at an 
                appropriate consular office outside the United States.
                    (C) Preliminary applications.--
                            (i) In general.--During the application 
                        period described in subsection (a)(1)(B), the 
                        Attorney General may grant admission to the 
                        United States as a temporary resident 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 of the United 
States. An alien who does not enter through a port of entry is subject 
to deportation and removal as otherwise provided in this Act.
                            (ii) Definition.--For purposes of clause 
                        (i), the term ``preliminary application'' means 
                        a fully completed and signed application which 
                        contains specific information concerning the 
                        performance of qualifying employment in the 
                        United States, together with the payment of the 
                        appropriate fee and the submission of 
                        photographs and the documentary evidence which 
                        the applicant intends to submit as proof of 
                        such employment.
                            (iii) Eligibility.--An applicant under 
                        clause (i) must be otherwise admissible to the 
                        United States under subsection (e)(2) and must 
                        establish to the satisfaction of the examining 
                        officer during an interview that the 
                        applicant's claim to eligibility for 
                        agricultural worker status is credible.
                    (D) 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.--
                    (A) In general.--For purposes of receiving 
                applications under subsection (a), the Attorney 
                General--
                            (i) shall designate qualified farm labor 
                        organizations and associations of employers; 
                        and
                            (ii) may designate such other persons as 
                        the Attorney General determines are qualified 
                        and have substantial experience, demonstrate 
                        competence, and have traditional long-term 
                        involvement in the preparation and submittal of 
                        applications for adjustment of status under 
                        section 209, 210, or 245 of the Immigration and 
                        Nationality Act, Public Law 89-732, Public Law 
                        95-145, or the Immigration Reform and Control 
                        Act of 1986.
                    (B) References.--Organizations, associations, and 
                persons designated under subparagraph (A) are referred 
                to in this Act as ``qualified designated entities''.
            (3) Proof of eligibility.--
                    (A) In general.--An alien may establish that the 
                alien meets the requirement of subsection (a)(1)(A) or 
                subsection (c)(1)(A) through government employment 
                records or records supplied by employers or collective 
                bargaining organizations, and other reliable 
                documentation as the alien may provide. 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) or subsection (c)(1) has the burden of proving 
                by a preponderance of the evidence that the alien has 
                worked the requisite number of hours or days (as 
                required under subsection (a)(1)(A) or subsection 
                (c)(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.
                    (iii) An alien can meet such burden of proof if the 
                alien establishes that the alien has in fact performed 
                the work described in subsection (a)(1)(A) or 
                subsection (c)(1)(A) by producing sufficient evidence 
                to show the extent of that employment as a matter of 
                just and reasonable inference.
            (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 subsection by qualified 
        designated entities operating under this subsection are 
        confidential and the Attorney General and the Immigration and 
        Naturalization 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 otherwise provided in 
                this subsection, 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, the information provided to 
                        the applicant by a person designated under 
                        paragraph (2)(A), or any information provided 
                        by an employer or former employer, for any 
                        purpose other than to make a determination on 
                        the application, 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 of 
                        Justice, or bureau or agency thereof, or, with 
                        respect to applications filed with a qualified 
                        designated entity, that qualified 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 subsection (a) or (c) 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 5 years, or 
                both.
                    (B) Inadmissibility.--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 (8 U.S.C. 1182(a)(6)(C)(i)).
            (8) Eligibility for legal services.--Section 504(a)(11) of 
        Public Law 104-134 (110 Stat. 1321-53 et seq.) shall not be 
        construed to prevent a recipient of funds under the Legal 
        Services Corporation Act (42 U.S.C. 2996 et seq.) from 
        providing legal assistance directly related to an application 
        for adjustment of status under this section.
            (9) Application fees.--
                    (A) Fee schedule.--The Attorney General shall 
                provide for a schedule of fees that--
                            (i) shall be charged for the filing of 
                        applications for adjustment under subsections 
                        (a) and (c); and
                            (ii) may be charged by qualified designated 
                        entities to help defray the costs of services 
                        provided to such applicants.
                    (B) Prohibition on excess fees by qualified 
                designated entities.--A qualified designated entity may 
                not charge any fee in excess of, or in addition to, the 
                fees authorized under subparagraph (A)(ii) for services 
                provided to applicants.
                    (C) Disposition of fees.--
                            (i) In general.--There is established in 
                        the general fund of the Treasury a separate 
                        account, which shall be known as the 
                        ``Agricultural Worker Immigration Status 
                        Adjustment Account''. Notwithstanding any other 
                        provision of law, there shall be deposited as 
                        offsetting receipts into the account all fees 
                        collected under subparagraph (A)(i).
                            (ii) Use of fees for application 
                        processing.--Amounts deposited in the 
                        ``Agricultural Worker Immigration Status 
                        Adjustment Account'' shall remain available to 
                        the Attorney General until expended for 
                        processing applications for adjustment under 
                        subsections (a) and (c).
    (e) 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 (8 U.S.C. 1151 and 1152) 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)(C) or an alien's eligibility for adjustment of status 
        under subsection (c)(1)(B)(ii)(I), the following rules shall 
        apply:
                    (A) Grounds of exclusion not applicable.--The 
                provisions of paragraphs (5), (6)(A), (7)(A), and 
                (9)(B) of section 212(a) of the Immigration and 
                Nationality Act (8 U.S.C. 1182(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 such section 212(a) in the case of individual aliens 
for humanitarian purposes, to ensure family unity, or when it is 
otherwise in the public interest.
                            (ii) Grounds that may not be waived.--The 
                        following provisions of such section 212(a) may 
                        not be waived by the Attorney General under 
                        clause (i):
                                    (I) Subparagraphs (A) and (B) of 
                                paragraph (2) (relating to criminals).
                                    (II) Paragraph (4) (relating to 
                                aliens likely to become public 
                                charges).
                                    (III) Paragraph (2)(C) (relating to 
                                drug offenses).
                                    (IV) Paragraph (3) (relating to 
                                security and related grounds), except 
                                subparagraph (E).
                            (iii) Construction.--Nothing in this 
                        subparagraph shall be construed as affecting 
                        the authority of the Attorney General other 
                        than under this subparagraph to waive 
                        provisions of such section 212(a).
                    (C) Special rule for determination of public 
                charge.--An alien is not ineligible for adjustment of 
                status under this section by reason of a ground of 
                inadmissibility under section 212(a)(4) of the 
                Immigration and Nationality Act if the alien 
                demonstrates a history of employment in the United 
                States evidencing self-support without reliance on 
                public cash assistance.
    (f) Temporary Stay of Removal and Work Authorization for Certain 
Applicants.--
            (1) Before application period.--Effective on the date of 
        the enactment of this Act, 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)(B) and who can establish a nonfrivolous case of 
        eligibility to have the alien's status adjusted under 
        subsection (a) (but for the fact that the alien 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 
                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 described in 
        subsection (a)(1)(B), 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 
                employment in the United States and be provided an 
                ``employment authorized'' endorsement or other 
                appropriate work permit for such purpose.
    (g) Administrative and Judicial Review.--
            (1) In general.--There shall be no administrative or 
        judicial review of a determination respecting an application 
        for adjustment of status under subsection (a) or (c) 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 removal.--There shall 
                be judicial review of such a denial only in the 
                judicial review of an order of removal under section 
                242 of the Immigration and Nationality Act (8 U.S.C. 
                1252).
                    (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.
    (h) Dissemination of Information on Adjustment Program.--Beginning 
not later than the 1st day of the application period described in 
subsection (a)(1)(B), the Attorney General, in cooperation with 
qualified designated entities, shall broadly disseminate information 
respecting the benefits that aliens may receive under this section and 
the requirements to be satisfied to obtain such benefits.
    (i) Regulations.--The Attorney General shall issue regulations to 
implement this section not later than the 1st day of the 7th month that 
begins after the date of the enactment of this Act.
    (j) Effective Date.--This section shall take effect on the date 
that regulations are issued implementing this section on an interim or 
other basis.
    (k) Funding.--There are hereby appropriated, out of any money in 
the Treasury not otherwise appropriated, $40,000,000 for each of fiscal 
years 2002 through 2005 to the Attorney General to carry out this 
section.

SEC. 102. CORRECTION OF SOCIAL SECURITY RECORDS.

    (a) In General.--Section 208(d)(1) of the Social Security Act (42 
U.S.C. 408(d)(1)) is amended--
            (1) in subparagraph (B), by striking ``or'' at the end of 
        clause (ii);
            (2) in subparagraph (C), by inserting ``or'' at the end;
            (3) by inserting after subparagraph (C) the following:
            ``(D) whose status is adjusted to that of lawful temporary 
        resident under the H-2A Reform and Agricultural Worker 
        Adjustment Act of 2001,''; and
            (4) by striking ``1990.'' and inserting ``1990, or in the 
        case of an alien described in subparagraph (D), if such conduct 
        is alleged to have occurred prior to the date on which the 
        alien became lawfully admitted for temporary residence.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the 1st day of the 7th month that begins after the date 
of the enactment of this Act.

                TITLE II--REFORM OF H-2A WORKER PROGRAM

SEC. 201. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.

    (a) In General.--The Immigration and Nationality Act is amended by 
striking section 218 (8 U.S.C. 1188) and inserting the following:

                      ``h-2a employer applications

    ``Sec. 218. (a) Applications to the Secretary.--
            ``(1) In general.--No alien may be admitted to the United 
        States as an H-2A worker, or otherwise provided status as an H-
        2A worker, unless the employer has filed with the Secretary an 
        application containing--
                    ``(A) the assurances described in subsection (b);
                    ``(B) a description of the nature and location of 
                the work to be performed;
                    ``(C) the anticipated period (expected beginning 
                and ending dates) for which workers will be needed; and
                    ``(D) the number of job opportunities in which the 
                employer seeks to employ workers.
            ``(2) Accompanied by job offer.--Each application filed 
        under paragraph (1) shall be accompanied by a copy of the job 
        offer describing the wages and other terms and conditions of 
        employment and the bona fide occupational qualifications that 
        must be possessed by a worker to be employed in the job 
        opportunity in question.
    ``(b) Assurances for Inclusion in Applications.--The assurances 
referred to in subsection (a)(1) are the following:
            ``(1) Job opportunities covered by collective bargaining 
        agreements.--With respect to a job opportunity that is covered 
        under a collective bargaining agreement:
                    ``(A) Union contract described.--The job 
                opportunity is covered by a union contract which was 
                negotiated at arm's length between a bona fide union 
                and the employer.
                    ``(B) No strike or lockout.--There is not a strike 
                or lockout in the course of a labor dispute in the 
                occupational classification at the place of employment.
                    ``(C) Notification of bargaining representatives.--
                The employer, at the time of filing the application, 
                has provided notice of the filing under this paragraph 
                to the bargaining representative of the employer's 
                employees in the occupational classification at the 
                place or places of employment for which aliens are 
                sought.
                    ``(D) Temporary or seasonal job opportunities.--The 
                job opportunity is temporary or seasonal.
                    ``(E) Offers to united states workers.--The 
                employer has offered or will offer the job to any 
                eligible United States worker who applies and is 
                equally or better qualified for the job for which the 
                nonimmigrant is, or the nonimmigrants are, sought and 
                who will be available at the time and place of need.
                    ``(F) Provision of insurance.--If the job 
                opportunity is not covered by the State workers' 
                compensation law, 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's workers' 
                compensation law for comparable employment.
            ``(2) Job opportunities not covered by collective 
        bargaining agreements.--With respect to a job opportunity that 
        is not covered under a collective bargaining agreement:
                    ``(A) No strike or lockout.--There is not a strike 
                or lockout in the course of a labor dispute in the 
                occupational classification at the place of employment.
                    ``(B) Temporary or seasonal job opportunities.--The 
                job opportunity is temporary or seasonal.
                    ``(C) Benefit, wage, and working conditions.--The 
                employer will provide, at a minimum, the benefits, 
                wages, and working conditions required by section 218A 
                to all workers employed in the 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.
                    ``(D) Nondisplacement of united states workers.--
                The employer did not displace and will not displace a 
                United States worker employed by the employer during 
                the period of employment and for a period of 30 days 
                preceding the period of employment in the occupation at 
the place of employment for which the employer seeks approval to employ 
H-2A workers.
                    ``(E) Requirements for placement of nonimmigrant 
                with other employers.--The employer will not place the 
                nonimmigrant with another employer unless--
                            ``(i) the nonimmigrant performs duties in 
                        whole or in part at one or more work sites 
                        owned, operated, or controlled by such other 
                        employer;
                            ``(ii) there are indicia of an employment 
                        relationship between the nonimmigrant and such 
                        other employer; and
                            ``(iii) the employer has inquired of the 
                        other employer as to whether, and has no actual 
                        knowledge or notice that, during the period of 
                        employment and for a period of 30 days 
                        preceding the period of employment, the other 
                        employer has displaced or intends to displace a 
                        United States worker employed by the other 
                        employer in the occupation at the place of 
                        employment for which the employer seeks 
                        approval to employ H-2A workers.
                    ``(F) Statement of liability.--The application form 
                shall include a clear statement explaining the 
                liability under subparagraph (E) of an employer if the 
                other employer described in such subparagraph displaces 
                a United States worker as described in such 
                subparagraph.
                    ``(G) Provision of insurance.--If the job 
                opportunity is not covered by the State workers' 
                compensation law, 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's workers' 
                compensation law for comparable employment.
                    ``(H) Employment of united states workers.--
                            ``(i) Recruitment.--The employer has taken 
                        or will take the following steps to recruit 
                        United States workers for the job opportunities 
                        for which the H-2A nonimmigrant is, or H-2A 
                        nonimmigrants are, sought:
                                    ``(I) Contacting former workers.--
                                The employer shall make reasonable 
                                efforts through the sending of a letter 
                                by United States Postal Service mail, 
                                or otherwise, to contact any United 
                                States worker the employer employed 
                                during the previous season in the 
                                occupation at the place of intended 
                                employment for which the employer is 
                                applying for 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 workers, 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.
                                    ``(II) Filing a job offer with the 
                                local office of the state employment 
                                security agency.--Not later than 28 
                                days prior to the date on which the 
                                employer desires to employ an H-2A 
                                worker in a temporary or seasonal 
                                agricultural job opportunity, the 
                                employer shall submit a copy of the job 
                                offer described in subsection (a)(2) to 
                                the local office of the State 
                                employment security agency which serves 
                                the area of intended employment and 
                                authorize the posting of the job 
                                opportunity on `America's Job Bank' or 
                                other electronic job registry, except 
                                that nothing in this subclause shall 
                                require the employer to file an 
                                interstate job order under section 653 
                                of title 20, Code of Federal 
                                Regulations.
                                    ``(III) Advertising of job 
                                opportunities.--Not later than 14 days 
                                prior to the date on which the employer 
                                desires to employ an H-2A worker in a 
                                temporary or seasonal agricultural job 
                                opportunity, the employer shall 
                                advertise the availability of the job 
                                opportunities for which the employer is 
                                seeking workers in a publication in the 
                                local labor market that is likely to be 
                                patronized by potential farm workers.
                                    ``(IV) Emergency procedures.--The 
                                Secretary shall, by regulation, provide 
                                a procedure for acceptance and approval 
                                of applications in which the employer 
                                has not complied with the provisions of 
                                this subparagraph because the 
                                employer's need for H-2A workers could 
                                not reasonably have been foreseen.
                            ``(ii) Job offers.--The employer has 
                        offered or will offer the job to any eligible 
                        United States worker who applies and is equally 
                        or better qualified for the job for which the 
                        nonimmigrant is, or nonimmigrants are, sought 
                        and who will be available at the time and place 
                        of need.
                            ``(iii) Period of employment.--The employer 
                        will provide employment to any qualified United 
                        States worker who applies to the employer 
                        during the period beginning on the date on 
                        which the foreign worker departs for the 
                        employer's place of employment and ending on 
                        the date on which 50 percent of the period of 
employment for which the foreign worker who is in the job was hired has 
elapsed, subject to the following requirements:
                                    ``(I) Prohibition.--No person or 
                                entity shall willfully and knowingly 
                                withhold United States workers prior to 
                                the arrival of H-2A workers in order to 
                                force the hiring of United States 
                                workers under this clause.
                                    ``(II) Complaints.--Upon receipt of 
                                a complaint by an employer that a 
                                violation of subclause (I) has 
                                occurred, the Secretary shall 
                                immediately investigate. The Secretary 
                                shall, within 36 hours of the receipt 
                                of the complaint, issue findings 
                                concerning the alleged violation. If 
                                the Secretary finds that a violation 
                                has occurred, the Secretary shall 
                                immediately suspend the application of 
                                this clause with respect to that 
                                certification for that date of need.
                                    ``(III) Placement of united states 
                                workers.--Prior to referring a United 
                                States worker to an employer during the 
                                period described in the matter 
                                preceding subclause (I), the Secretary 
                                shall make all reasonable efforts to 
                                place the United States worker in an 
                                open job acceptable to the worker, if 
                                there are other job offers pending with 
                                the job service that offer similar job 
                                opportunities in the area of intended 
                                employment.
                            ``(iv) Statutory construction.--Nothing in 
                        this subparagraph shall be construed to 
                        prohibit an employer from using such legitimate 
                        selection criteria relevant to the type of job 
                        that are normal or customary to the type of job 
                        involved so long as such criteria are not 
                        applied in a discriminatory manner.
    ``(c) Applications by Associations on Behalf of Employer Members.--
            ``(1) In general.--An agricultural association may file an 
        application under subsection (a) on behalf of one or more of 
        its employer members that the association certifies in its 
        application has or have agreed in writing to comply with the 
        requirements of this section and sections 218A through 218C.
            ``(2) Treatment of associations acting as employers.--If an 
        association filing an application under paragraph (1) is a 
        joint or sole employer of the temporary or seasonal 
        agricultural workers requested on the application, the 
        certifications granted under subsection (e)(2)(B) to the 
        association may be used for the certified job opportunities of 
        any of its producer members named on the application, and such 
        workers may be transferred among such producer members to 
        perform the agricultural services of a temporary or seasonal 
        nature for which the certifications were granted.
    ``(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 or 
        association 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 section 
        101(a)(15)(H)(ii)(a) 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 the recruitment of United States workers or H-2A 
        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 and Approval of Applications.--
            ``(1) Responsibility of employers.--The employer shall make 
        available for public examination, within 1 working day after 
        the date on which an application under subsection (a) is filed, 
        at the employer's principal place of business or work site, a 
        copy of each such application (and such accompanying documents 
        as are necessary).
            ``(2) Responsibility of the secretary.--
                    ``(A) Compilation of list.--The Secretary shall 
                compile, on a current basis, a list (by employer and by 
occupational classification) of the applications filed under this 
subsection. Such list shall include the wage rate, number of workers 
sought, period of intended employment, and date of need. The Secretary 
shall make such list available for examination in the District of 
Columbia.
                    ``(B) Review of applications.--The Secretary shall 
                review such an application only for completeness and 
                obvious inaccuracies. Unless the Secretary finds that 
                the application is incomplete or obviously inaccurate, 
                the Secretary shall certify that the intending employer 
                has filed with the Secretary an application as 
                described in subsection (a). Such certification shall 
                be provided within 7 days of the filing of the 
                application.

                     ``h-2a employment requirements

    ``Sec. 218A. (a) Preferential Treatment of Aliens Prohibited.--
Employers seeking to hire United States workers shall offer the United 
States workers no less than the same benefits, wages, and working 
conditions that the employer is offering, intends to offer, or will 
provide to H-2A workers. Conversely, no job offer may impose on United 
States workers any restrictions or obligations which will not be 
imposed on the employer's H-2A workers.
    ``(b) Minimum Benefits, Wages, and Working Conditions.--Except in 
cases where higher benefits, wages, or working conditions are required 
by the provisions of subsection (a), in order to protect similarly 
employed United States workers from adverse effects with respect to 
benefits, wages, and working conditions, every job offer which must 
accompany an application under section 218 shall include each of the 
following benefit, wage, and working condition provisions:
            ``(1) Requirement to provide housing or a housing 
        allowance.--
                    ``(A) In general.--An employer applying under 
                section 218(a) for H-2A workers shall offer to provide 
                housing at no cost to all workers in job opportunities 
                for 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) Type of housing.--In complying with 
                subparagraph (A), 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. In the absence of 
                applicable local or State standards, Federal temporary 
                labor camp standards shall apply.
                    ``(C) Family housing.--When it is the prevailing 
                practice in the area and occupation of intended 
                employment to provide family housing, family housing 
                shall be provided to workers with families who request 
                it.
                    ``(D) Workers engaged in the range production of 
                livestock.--The Occupational Safety and Health 
                Administration shall issue regulations that address the 
                specific requirements for the provision of housing to 
                workers engaged in the range production of livestock.
                    ``(E) Limitation.--Nothing in this paragraph 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.
                    ``(F) Charges for housing.--
                            ``(i) Charges for public housing.--If 
                        public housing provided for migrant 
                        agricultural workers under the auspices of a 
                        local, county, or State government is secured 
                        by an employer, and use of the public housing 
                        unit normally requires charges from migrant 
                        workers, such charges shall be paid by the 
                        employer directly to the appropriate individual 
                        or entity affiliated with the housing's 
                        management.
                            ``(ii) Deposit charges.--Charges in the 
                        form of deposits for bedding or other similar 
                        incidentals related to housing shall not be 
                        levied upon workers by employers who provide 
                        housing for their workers. However, an employer 
                        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.
                    ``(G) Housing allowance as alternative.--
                            ``(i) In general.--In lieu of offering 
                        housing pursuant to subparagraph (A), the 
                        employer may provide a reasonable housing 
                        allowance, but only if the requirement of 
                        clause (ii) 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 
                        clause shall not be deemed 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. However, no housing 
                        allowance may be used for housing which is 
                        owned or controlled by the employer.
                            ``(ii) Certification.--The requirement of 
                        this clause is satisfied if the Governor of the 
                        State certifies to the Secretary that there is 
                        adequate housing available in the area of 
                        intended employment for migrant farm workers, 
                        and H-2A workers, 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.
                            ``(iii) Amount of allowance.--
                                    ``(I) Nonmetropolitan counties.--If 
                                the place of employment of the workers 
                                provided an allowance under this 
                                subparagraph is a nonmetropolitan 
                                county, the amount of the housing 
                                allowance under this subparagraph shall 
                                be equal to the statewide average fair 
                                market rental for existing housing for 
                                nonmetropolitan counties for the State, 
                                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.
                                    ``(II) Metropolitan counties.--If 
                                the place of employment of the workers 
                                provided an allowance under this 
                                paragraph is in a metropolitan county, 
                                the amount of the housing allowance 
                                under this subparagraph shall be equal 
                                to the statewide average fair market 
                                rental for existing housing for 
                                metropolitan counties for the State, 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.
            ``(2) Reimbursement of transportation.--
                    ``(A) To place of employment.--A worker 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 place from 
                which the worker came to work for the employer (or 
                place of last employment, if the worker traveled from 
                such place) to the place of employment.
                    ``(B) From place of employment.--A worker 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 
                place from which the worker, disregarding intervening 
                employment, came to work for the employer, 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.
                    ``(C) Limitation.--
                            ``(i) Amount of reimbursement.--Except as 
                        provided in clause (ii), the amount of 
                        reimbursement provided under subparagraph (A) 
                        or (B) 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.
                            ``(ii) Distance traveled.--No reimbursement 
                        under subparagraph (A) or (B) 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 an 
                        allowance as provided in paragraph (1)(G).
                    ``(D) Early termination.--If the worker is laid off 
                or employment is terminated for contract impossibility 
                (as described in paragraph (4)(D)) before the 
                anticipated ending date of employment, the employer 
                shall provide the transportation and subsistence 
                required by subparagraph (B) and, notwithstanding 
                whether the worker has completed 50 percent of the 
                period of employment, shall provide the transportation 
                reimbursement required by subparagraph (A).
                    ``(E) Transportation between living quarters and 
                work site.--The employer shall provide transportation 
                between the worker's living quarters (i.e., housing 
                provided by the employer pursuant to paragraph (1), 
                including housing provided through a housing allowance) 
                and the employer's work site without cost to the 
                worker, and such transportation will be in accordance 
                with applicable laws and regulations.
            ``(3) Required wages.--
                    ``(A) In general.--An employer applying for workers 
                under section 218(a) shall offer to pay, and shall pay, 
                all workers in the occupation for which the employer 
                has applied for workers, 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.
                    ``(B) Deductions.--The employer shall make only 
                those deductions from the worker's paycheck which are 
                authorized by law or are reasonable and customary in 
                the occupation and area of employment. The job offer 
                shall specify all deductions not required by law which 
                the employer will make from the worker's paycheck.
                    ``(C) Report on wage protections.--Not later than 
                January 1, 2004, the Resources, Community and Economic 
                Development Division, and the Health, Education and 
                Human Services Division, of the General Accounting 
                Office shall jointly prepare and transmit to the 
                Secretary of Labor and to the Committee on the 
                Judiciary of the House of Representatives and the 
                Committee on the Judiciary of the Senate a report which 
                shall address--
                            ``(i) whether the adverse effect wage rate 
                        is effective in preventing the wages of United 
                        States farm workers from being depressed in 
                        occupations in which H-2A workers are employed;
                            ``(ii) whether alternative wage 
                        protections, such as a prevailing wage 
                        standard, are sufficient to prevent such wage 
                        depression;
                            ``(iii) whether any changes are warranted 
                        in the current methodologies for calculating 
                        the adverse effect wage rate and the prevailing 
                        wage; and
                            ``(iv) recommendations for future wage 
                        protections under the this section.
                    ``(D) Commission on wage standards.--
                            ``(i) Establishment.--There is established 
                        the Commission on Agricultural Wage Standards 
                        under the H-2A program (in this subparagraph 
                        referred to as the `Commission').
                            ``(ii) Composition.--The Commission shall 
                        consist of 10 members as follows:
                                    ``(I) 4 representatives of 
                                agricultural employers and 1 
                                representative of the Department of 
                                Agriculture, each appointed by the 
                                Secretary of Agriculture.
                                    ``(II) 4 representatives of 
                                agricultural workers and 1 
                                representative of the Department of 
                                Labor, each appointed by the Secretary 
                                of Labor.
                            ``(iii) Functions.--The Commission shall 
                        conduct a study that shall address--
                                    ``(I) whether the adverse effect 
                                wage rate is effective in preventing 
                                the wages of United States farm workers 
                                from being depressed in occupations in 
                                which H-2A workers are employed;
                                    ``(II) whether alternative wage 
                                protections, such as a prevailing wage 
                                standard, are sufficient to prevent 
                                such wage depression;
                                    ``(III) whether any changes are 
                                warranted in the current methodologies 
                                for calculating the adverse effect wage 
                                rate and the prevailing wage; and
                                    ``(IV) recommendations to raise 
                                farm workers earnings and to reduce 
                                farm worker poverty while ensuring a 
                                profitable, efficient, labor-intensive 
                                agricultural sector with a minimum of 
                                governmental intervention.
                            ``(iv) Final report.--Not later than 
                        January 1, 2004, the Commission shall submit a 
                        report to the Congress setting forth the 
                        findings of the study conducted under clause 
                        (iii).
                            ``(v) Termination date.--The Commission 
                        shall terminate upon submitting its final 
                        report.
            ``(4) Guarantee of employment.--
                    ``(A) Offer to worker.--The employer shall 
                guarantee to offer the worker employment for the hourly 
                equivalent of at least three-fourths of the work days 
                of the total period of employment, beginning with the 
                first work day after the arrival of the worker at the 
                place of employment and ending on the expiration date 
                specified in the job offer. For purposes of this 
                subparagraph, the hourly equivalent means eight hours 
                times the number of work days as stated in the job 
                offer and shall exclude the worker's Sabbath and 
                Federal holidays. If the employer affords the United 
                States or H-2A worker less employment than that 
                required under this paragraph, the employer shall pay 
                such worker the amount which the worker would have 
earned had the worker, in fact, worked for the guaranteed number of 
hours.
                    ``(B) Failure to work.--Any hours which the worker 
                fails to work, up to a maximum of eight hours on a work 
                day, when the worker has been offered an opportunity to 
                do so, and all hours of work actually performed 
                (including voluntary work in excess of eight hours on a 
                work day, on the worker's Sabbath, or on Federal 
                holidays) may be counted by the employer in calculating 
                whether the period of guaranteed employment has been 
                met.
                    ``(C) Abandonment of employment, termination for 
                cause.--If the worker voluntarily abandons employment 
                before the end of the contract period, or is terminated 
                for cause, the worker is not entitled to the `three-
                fourths guarantee' described in subparagraph (A).
                    ``(D) Contract impossibility.--If, before the 
                expiration of the period of employment specified in the 
                job offer, the services of the worker are no longer 
                required for reasons beyond the control of the employer 
                due to any form of natural disaster, including but not 
                limited to a flood, hurricane, freeze, earthquake, 
                fire, drought, plant or animal disease or pest 
                infestation, or regulatory drought, before the 
                guarantee in subparagraph (A) is fulfilled, the 
                employer may terminate the worker's employment. In the 
                event of such termination, the employer shall fulfill 
                the employment guarantee in subparagraph (A) for the 
                work days that have elapsed from the first work day 
                after the arrival of the worker to the termination of 
                employment. In such cases, the employer will make 
                efforts to transfer the United States worker to other 
                comparable employment acceptable to the worker. If such 
                transfer is not effected, the employer shall provide 
                the return transportation required in paragraph (2)(D).
    ``(c) Compliance With Labor Laws.--An employer shall assure that, 
except as otherwise provided in this section 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, except that a violation of this subsection shall not 
constitute a violation of the Migrant and Seasonal Agricultural Worker 
Protection Act (29 U.S.C. 1801 et seq.).
    ``(d) Disclosure of Terms and Conditions of Employment.--With 
respect to H-2A aliens recruited from outside the United States, the 
disclosure required under section 201(c) of the Migrant and Seasonal 
Agricultural Worker Protection Act (29 U.S.C. 1821(c)) may be made at 
any time prior to the time the alien is issued a visa permitting entry 
into the United States, except that if a fee is paid by the alien to a 
person who has been authorized by the employer or an association of 
employers to recruit aliens on behalf of the employer for employment as 
an H-2A worker, the disclosure shall be made not later than the time 
such fee is paid to such person.

    ``procedure for admission and extension of stay of h-2a workers

    ``Sec. 218B. (a) Petitioning for Admission.--An employer, or an 
association acting as an agent or joint employer for its members, that 
seeks the admission into the United States of an H-2A worker may file a 
petition with the Attorney General. The petition shall be accompanied 
by an accepted and currently valid certification provided by the 
Secretary under section 218(e)(2)(B) covering the petitioner.
    ``(b) Expedited Adjudication by the Attorney General.--The Attorney 
General shall establish a procedure for expedited adjudication of 
petitions filed under subsection (a) and within 7 working days shall, 
by fax, cable, or other means assuring expedited delivery, transmit a 
copy of notice of action on the petition to the petitioner and, in the 
case of approved petitions, to the appropriate immigration officer at 
the port of entry or United States consulate (as the case may be) where 
the petitioner has indicated that the alien beneficiary (or 
beneficiaries) will apply for a visa or admission to the United States.
    ``(c) Criteria for Admissibility.--
            ``(1) In general.--An H-2A worker shall be considered 
        admissible to the United States if the alien is otherwise 
        admissible under this section, section 218, and section 218A, 
        and the alien is not ineligible under paragraph (2).
            ``(2) Disqualification.--An alien shall be considered 
        inadmissible to the United States and ineligible for 
        nonimmigrant status under section 101(a)(15)(H)(ii)(a) if the 
        alien has, at any time during the past 5 years--
                    ``(A) 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
                    ``(B) otherwise violated a term or condition of 
                admission into the United States as a nonimmigrant, 
                including overstaying the period of authorized 
                admission as such a nonimmigrant.
            ``(3) Waiver of ineligibility for unlawful presence.--
                    ``(A) In general.--An alien who has not previously 
                been admitted into the United States pursuant to this 
                section, and who is otherwise eligible for admission in 
                accordance with paragraphs (1) and (2), shall not be 
                deemed inadmissible by virtue of section 212(a)(9)(B). 
                If an alien described in the preceding sentence is 
                present in the United States, the alien may apply from 
                abroad for H-2A worker status, but may not be granted 
                that status by adjustment in the United States.
                    ``(B) Maintenance of waiver.--An alien provided an 
                initial waiver of ineligibility pursuant to 
                subparagraph (A) shall remain eligible for such waiver 
                unless the alien violates the terms of this section or 
                again becomes ineligible under section 212(a)(9)(B) by 
                virtue of unlawful presence in the United States 
after the date of the initial waiver of ineligibility pursuant to 
subparagraph (A).
    ``(d) Period of Admission.--
            ``(1) In general.--The alien shall be admitted for the 
        period of employment in the application, certified by the 
        Secretary pursuant to section 218(e)(2)(B), not to exceed 10 
        months, supplemented by a period of up to 1 week before the 
        beginning of the period of employment (to be granted for the 
        purpose of travel to the work site) and a period of 14 days 
        following the period of employment (to be granted for the 
        purpose of departure or extension based on a subsequent offer 
        of employment), except that--
                    ``(A) the alien is not authorized to be employed 
                during such 14-day period except in the employment for 
                which the alien was previously authorized; and
                    ``(B) the total period of employment, including 
                such 14-day period, may not exceed 10 months.
            ``(2) Construction.--Nothing in this subsection shall limit 
        the Attorney General's authority to extend the stay of the 
        alien under any other provision of this Act.
    ``(e) Abandonment of Employment.--
            ``(1) In general.--An alien admitted or provided status 
        under section 101(a)(15)(H)(ii)(a) 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 
        H-2A worker and shall depart the United States or be subject to 
        removal under section 237(a)(1)(C)(i).
            ``(2) Report by employer.--The employer (or association 
        acting as agent for the employer) shall notify the Attorney 
        General within 7 days of an H-2A worker's having prematurely 
        abandoned employment.
            ``(3) Removal by the attorney general.--The Attorney 
        General shall promptly remove from the United States any H-2A 
        worker who violates any term or condition of the worker's 
        nonimmigrant status.
            ``(4) Voluntary termination.--Notwithstanding paragraph 
        (1), an alien may voluntarily terminate his or her employment 
        if the alien promptly departs the United States upon 
        termination of such employment.
    ``(f) Replacement of Alien.--
            ``(1) In general.--Upon presentation of the notice to the 
        Attorney General required by subsection (e)(2), the Secretary 
        of State shall promptly issue a visa to, and the Attorney 
        General shall admit into the United States, an eligible alien 
        designated by the employer to replace an H-2A worker--
                    ``(A) who abandons or prematurely terminates 
                employment; or
                    ``(B) whose employment is terminated after a United 
                States worker is employed pursuant to section 
                218(b)(2)(H)(iii), if the United States worker 
                voluntarily departs before the end of the period of 
                intended employment or if the employment termination is 
                for a lawful job-related reason.
            ``(2) Construction.--Nothing in this subsection is intended 
        to limit any preference required to be accorded United States 
        workers under any other provision of this Act.
    ``(g) Identification Document.--
            ``(1) In general.--Each alien authorized to be admitted 
        under section 101(a)(15)(H)(ii)(a) 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.
            ``(2) Requirements.--No identification and employment 
        eligibility document may be issued which does not meet the 
        following requirements:
                    ``(A) The document shall be capable of reliably 
                determining whether--
                            ``(i) the individual with the 
                        identification and employment eligibility 
                        document whose eligibility is being verified is 
                        in fact eligible for employment;
                            ``(ii) the individual whose eligibility is 
                        being verified is claiming the identity of 
                        another person; and
                            ``(iii) the individual whose eligibility is 
                        being verified is authorized to be admitted 
                        into, and employed in, the United States as an 
                        H-2A worker.
                    ``(B) The document shall be in a form that is 
                resistant to counterfeiting and to tampering.
                    ``(C) The document shall--
                            ``(i) be compatible with other databases of 
                        the Attorney General for the purpose of 
                        excluding aliens from benefits for which they 
                        are not eligible and determining whether the 
alien is unlawfully present in the United States; and
                            ``(ii) be compatible with law enforcement 
                        databases to determine if the alien has been 
                        convicted of criminal offenses.
    ``(h) Extension of Stay of H-2A Aliens in the United States.--
            ``(1) Extension of stay.--If an employer seeks approval to 
        employ an H-2A alien who is lawfully present in the United 
        States, the petition filed by the employer or an association 
        pursuant to subsection (a), shall request an extension of the 
        alien's stay and a change in the alien's employment.
            ``(2) Limitation on filing a petition for extension of 
        stay.--A petition may not be filed for an extension of an 
        alien's stay--
                    ``(A) for a period of more than 10 months; or
                    ``(B) to a date that is more than 3 years after the 
                date of the alien's last admission to the United States 
                under this section.
            ``(3) Work authorization upon filing a petition for 
        extension of stay.--In the case of an alien who is lawfully 
        present in the United States, the alien is authorized to 
        commence the employment described in a petition under paragraph 
        (1) on the date on which the petition is filed. For purposes of 
        the preceding sentence, the term `file' means sending the 
        petition 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 the receipt of 
        the petition. The employer shall provide a copy of the 
        employer's petition to the alien, who shall keep the petition 
        with the alien's identification and employment eligibility 
        document as evidence that the petition has been filed and that 
        the alien is authorized to work in the United States. Upon 
        approval of a petition 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 petition.
            ``(4) Limitation on employment authorization of aliens 
        without valid identification and employment eligibility 
        document.--An expired identification and employment eligibility 
        document, together with a copy of an petition for extension of 
        stay or change in the alien's authorized employment that 
        complies with the requirements of paragraph (1), shall 
        constitute a valid work authorization document for a period of 
        not more than 60 days beginning on the date on which such 
        petition is filed, after which time only a currently valid 
        identification and employment eligibility document shall be 
        acceptable.
            ``(5) Limitation on an individual's stay in status.--
                    ``(A) Maximum period.--The maximum continuous 
                period of authorized status as an H-2A worker 
                (including any extensions) is 3 years.
                    ``(B) Requirement to remain outside united 
                states.--
                            ``(i) In general.--Subject to clause (ii), 
                        in the case of an alien outside the United 
                        States whose period of authorized status as an 
                        H-2A worker (including any extensions) has 
                        expired, the alien may not again apply for 
                        admission to the United States as an H-2A 
                        worker unless the alien has remained outside 
                        the United States for a continuous period equal 
                        to at least \1/5\ the duration of the alien's 
                        previous period of authorized status as an H-2A 
                        worker (including any extensions).
                            ``(ii) Exception.--Clause (i) shall not 
                        apply in the case of an alien if the alien's 
                        period of authorized status as an H-2A worker 
                        (including any extensions) was for a period of 
                        not more than 10 months and such alien has been 
                        outside the United States for at least 2 months 
                        during the 12 months preceding the date the 
                        alien again is applying for admission to the 
                        United States as an H-2A worker.
    ``(i) Special Rules for Aliens Employed as Sheepherders.--
Notwithstanding any other provision of this section, aliens admitted 
under section 101(a)(15)(H)(ii)(a) for employment as sheepherders--
            ``(1) may be admitted for a period of 12 months;
            ``(2) may be extended for a continuous period of up to 3 
        years; and
            ``(3) shall not be subject to the requirements of 
        subsection (h)(5) relating to periods of absence from the 
        United States.

          ``worker protections and labor standards enforcement

    ``Sec. 218C. (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 a petitioner's failure to meet a condition 
                specified in section 218(b), or an employer's 
                misrepresentation of material facts in an application 
                under section 218(a). Complaints may be filed by any 
                aggrieved person or 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, respectively. The Secretary shall 
                conduct an investigation under this subparagraph if 
                there is reasonable cause to believe that such a 
                failure or misrepresentation has occurred.
                    ``(B) Determination on complaint.--Under such 
                process, the Secretary shall provide, within 30 days 
after the date such a complaint is filed, for a determination as to 
whether or not a reasonable basis exists to make a finding described in 
subparagraph (C), (D), (E), or (F). If the Secretary determines that 
such a reasonable basis exists, the Secretary shall provide for notice 
of such determination to the interested parties and an opportunity for 
a hearing on the complaint, in accordance with section 556 of title 5, 
United States Code, within 60 days after the date of the determination. 
If such a hearing is requested, the Secretary shall make a finding 
concerning the matter not later than 60 days after the date of the 
hearing. In the case of similar complaints respecting the same 
applicant, the Secretary may consolidate the hearings under this 
subparagraph on such complaints.
                    ``(C) Failures to meet conditions.--If the 
                Secretary finds, after notice and opportunity for a 
                hearing, a failure to meet a condition of paragraph 
                (1)(A), (1)(B), (1)(D), (1)(F), (2)(A), (2)(B), or 
                (2)(G) of section 218(b), a substantial failure to meet 
                a condition of paragraph (1)(C) or (E), or paragraph 
                (2)(C), (2)(D), (2)(E), or (2)(H) of section 218(b), or 
                a material misrepresentation of fact in an application 
                under section 218(a)--
                            ``(i) the Secretary shall notify the 
                        Attorney General of such finding and may, in 
                        addition, impose such other administrative 
                        remedies (including civil money penalties in an 
                        amount not to exceed $1,000 per violation) as 
                        the Secretary determines to be appropriate; and
                            ``(ii) the Attorney General may disqualify 
                        the employer from the employment of aliens 
                        described in section 101(A)(15)(H)(ii)(a) for a 
                        period of 1 year.
                    ``(D) Willful failures and willful 
                misrepresentations.--If the Secretary finds, after 
                notice and opportunity for hearing, a willful failure 
                to meet a condition of section 218(b), a willful 
                misrepresentation of a material fact in an application 
                under section 218(a), or a violation of subsection 
                (b)--
                            ``(i) the Secretary shall notify the 
                        Attorney General of such finding and may, in 
                        addition, impose such other administrative 
                        remedies (including civil money penalties in an 
                        amount not to exceed $5,000 per violation) as 
                        the Secretary determines to be appropriate; and
                            ``(ii) the Attorney General may disqualify 
                        the employer from the employment of H-2A 
                        workers for a period of 2 years.
                    ``(E) Displacement of united states workers.--If 
                the Secretary finds, after notice and opportunity for 
                hearing, a willful failure to meet a condition of 
                section 218(b) or a willful misrepresentation of a 
                material fact in an application under section 218(a), 
                in the course of which failure or misrepresentation the 
                employer displaced a United States worker employed by 
                the employer during the period of employment on the 
                employer's application under section 218(a) or during 
                the period of 30 days preceding such period of 
                employment--
                            ``(i) the Secretary shall notify the 
                        Attorney General of such finding and may, in 
                        addition, impose such other administrative 
                        remedies (including civil money penalties in an 
                        amount not to exceed $15,000 per violation) as 
                        the Secretary determines to be appropriate; and
                            ``(ii) the Attorney General may disqualify 
                        the employer from the employment of H-2A 
                        workers for a period of 3 years.
                    ``(F) Limitations on civil money penalties.--The 
                Secretary shall not impose total civil money penalties 
                with respect to an application under section 218(a) in 
                excess of $90,000.
                    ``(G) Failures to pay wages or required benefits.--
                If the Secretary finds, after notice and opportunity 
                for a hearing, that the employer has failed to pay the 
                wages, or provide the housing allowance, 
                transportation, subsistence reimbursement, or guarantee 
                of employment, required under section 218A(b), the 
                Secretary shall assess payment of back wages, or other 
                required benefits, due any United States worker or H-2A 
                worker employed by the employer in the specific 
                employment in question. The back wages or other 
                required benefits under section 218A(b) 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) Statutory construction.--Nothing in this section 
        shall be construed as limiting the authority of the Secretary 
        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 section, under section 218 or 218A.
    ``(b) Discrimination Prohibited.--It is a violation of this 
subsection for an employer who has filed an application under section 
218(a), to intimidate, threaten, restrain, coerce, blacklist, 
discharge, or in any other manner discriminate against an employee 
(which term, for purposes of this subsection, includes a former 
employee and an applicant for employment) because the employee has 
disclosed information to the employer, or to any other person, that the 
employee reasonably believes evidences a violation of section 218 or 
218A or any rule or regulation pertaining to section 218 or 218A, or 
because the employee cooperates or seeks to cooperate in an 
investigation or other proceeding concerning the employer's compliance 
with the requirements of section 218 or 218A or any rule or regulation 
pertaining to either of such sections.
    ``(c) Authorization To Seek Other Appropriate Employment.--The 
Secretary and the Attorney General shall establish a process under 
which an H-2A worker who files a complaint regarding a violation of 
subsection (b) and is otherwise eligible to remain and work in the 
United States may be allowed to seek other appropriate employment in 
the United States for a period not to exceed the maximum period of stay 
authorized for such nonimmigrant classification.
    ``(d) 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 sections 218 
        and 218A, as though the employer had filed the application 
        itself. If such an employer is determined, under this section, 
        to have committed a violation, the penalty for such violation 
        shall apply only to that member of the association unless the 
        Secretary determines that the association or other member 
        participated in, had knowledge, or reason to know, of the 
        violation, in which case the penalty shall be invoked against 
        the association or other association member as well.
            ``(2) Violations by an association acting as an employer.--
        If an association filing an application as a sole or joint 
        employer is determined to have committed a violation under this 
        section, the penalty for such violation shall apply only to the 
        association unless the Secretary determines that an association 
        member or members participated in or had knowledge, or reason 
        to know, of the violation, in which case the penalty shall be 
        invoked against the association member or members as well.

                             ``definitions

    ``Sec. 218D. For purposes of sections 218 through 218C:
            ``(1) Adverse affect wage rate.--The term `adverse effect 
        wage rate' means the annual weighted average hourly wage rate 
        of earnings for field and livestock workers (combined) for the 
        State (or region that includes the State) as published annually 
        by the Department of Agriculture based on the Department's 
        quarterly wage survey.
            ``(2) Agricultural employment.--The term `agricultural 
        employment' means any service or activity that is considered to 
        be agricultural under section 3(f) of the Fair Labor Standards 
        Act of 1938 (29 U.S.C. 203(f)) or agricultural labor under 
        section 3121(g) of the Internal Revenue Code of 1986 (26 U.S.C. 
        3121(g)). For purposes of this paragraph, agricultural 
        employment includes employment under section 
        101(a)(15)(H)(ii)(a).
            ``(3) Bona fide union.--The term `bona fide union' means 
        any organization in which employees participate and which 
        exists for the purpose of dealing with employers concerning 
        grievances, labor disputes, wages, rates of pay, hours of 
        employment, or other terms and conditions of work for 
        agricultural employees. Such term does not include an 
        organization formed, created, administered, supported, 
        dominated, financed, or controlled by an employer or employer 
        association or its agents or representatives.
            ``(4) Displace.--In the case of an application with respect 
        to one or more H-2A workers by an employer, the employer is 
        considered to `displace' a United States worker from a job if 
        the employer lays off the worker from a job for which the H-2A 
        worker or workers is or are sought.
            ``(5) Eligible.--The term `eligible', when used with 
        respect to an individual, means an individual who is not an 
        unauthorized alien (as defined in section 274A(h)(3)).
            ``(6) Employer.--The term `employer' means any person or 
        entity, including any farm labor contractor and any 
        agricultural association, that employs workers in agricultural 
        employment.
            ``(7) 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).
            ``(8) H-2A worker.--The term `H-2A worker' means a 
        nonimmigrant described in section 101(a)(15)(H)(ii)(a).
            ``(9) Job opportunity.--The term `job opportunity' means a 
        job opening for temporary full-time employment at a place in 
        the United States to which United States workers can be 
        referred.
            ``(10) Lays off.--
                    ``(A) In general.--The term `lays off', with 
                respect to a worker--
                            ``(i) means to cause the worker's loss of 
                        employment, other than through a discharge for 
                        inadequate performance, violation of workplace 
                        rules, cause, voluntary departure, voluntary 
                        retirement, contract impossibility (as 
                        described in section 218A(b)(4)(D)), or 
                        temporary layoffs due to weather, markets, or 
                        other temporary conditions; but
                            ``(ii) does not include any situation in 
                        which the worker is offered, as an alternative 
                        to such loss of employment, a similar 
                        employment opportunity with the same employer 
                        (or, in the case of a placement of a worker 
                        with another employer under section 
                        218(b)(2)(E), with either employer described in 
                        such section) at equivalent or higher 
                        compensation and benefits than the position 
                        from which the employee was discharged, 
                        regardless of whether or not the employee 
                        accepts the offer.
                    ``(B) Statutory construction.--Nothing in this 
                paragraph is intended to limit an employee's rights 
                under a collective bargaining agreement or other 
                employment contract.
            ``(11) Prevailing wage.--The term `prevailing wage' means, 
        with respect to an agricultural occupation 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.
            ``(12) Regulatory drought.--The term `regulatory drought' 
        means a decision subsequent to the filing of the application 
        under section 218 by an entity not under the control of the 
        employer making such filing which restricts the employer's 
        access to water for irrigation purposes and reduces or limits 
        the employer's ability to product an agricultural commodity, 
        thereby reducing the need for labor.
            ``(13) Seasonal.--Labor is performed on a `seasonal' basis 
        if--
                    (A) ordinarily, it pertains to or is of the kind 
                exclusively performed at certain seasons or periods of 
                the year; and
                    (B) from its nature, it may not be continuous or 
                carried on throughout the year.
            ``(14) Secretary.--The term `Secretary' means the Secretary 
        of Labor.
            ``(15) Temporary.--A worker is employed on a `temporary' 
        basis where the employment is intended not to exceed 10 months.
            ``(16) 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, except an alien admitted or otherwise 
        provided status under section 101(a)(15)(H)(ii)(a).''.
    (b) Table of Contents.--The table of contents of the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by striking the 
item relating to section 218 and inserting the following:

``Sec. 218. H-2A employer applications.
``Sec. 218A. H-2A employment requirements.
``Sec. 218B. Procedure for admission and extension of stay of H-2A 
                            workers.
``Sec. 218C. Worker protections and labor standards enforcement.
``Sec. 218D. Definitions.''.

                  TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. COVERAGE OF H-2A AGRICULTURAL WORKERS UNDER THE MIGRANT AND 
              SEASONAL AGRICULTURAL WORKER PROTECTION ACT.

    (a) Definitions.--Section 3 of the Migrant and Seasonal 
Agricultural Worker Protection Act (29 U.S.C. 1802) is amended--
            (1) in paragraph (8)(B)--
                    (A) by striking ``does not'' and all that follows 
                through ``(i) any'' and inserting ``does not include 
                any'';
                    (B) by striking ``; or'' and inserting a period; 
                and
                    (C) by striking clause (ii); and
            (2) in paragraph (10)(B)--
                    (A) by striking ``; or'' at the end of clause (ii) 
                and inserting a period; and
                    (B) by striking clause (iii).
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to the employment, recruitment, referral, or utilization of the 
services of an individual occurring on or after the date that is 1 year 
after the date of the enactment of this Act.

SEC. 302. RIGHT TO ORGANIZE.

    (a) In General.--Title IV of the Migrant and Seasonal Agricultural 
Worker Protection Act (29 U.S.C. 1841 et seq.) is amended by adding at 
the end the following new section:

``SEC. 405. RIGHT TO ORGANIZE.

    ``(a) In General.--Migrant and seasonal agricultural workers shall 
have the right to self-organization, to form, join, or assist labor 
organizations, to bargain collectively through representatives of their 
own choosing, and to engage in other concerted activities for the 
purpose of collective bargaining or other mutual aid or protection.
    ``(b) Prohibition.--No person shall interfere with, restrain, or 
coerce any migrant or seasonal agricultural worker in the exercise of 
the rights guaranteed in subsection (a).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
become effective on the date that is 1 year after the date of the 
enactment of this Act.

SEC. 303. TAX EQUITY AND WORKFORCE IMPROVEMENT FUND.

    (a) Establishment of Account.--There is established in the general 
fund of the Treasury a separate account, which shall be known as the 
``Agricultural Worker Account'' for the purpose of improving labor 
management practices in agriculture. Notwithstanding any other 
provision of law, there shall be deposited as offsetting receipts into 
the account all fees collected under subsection (b)(1).
    (b) Payments Into Account.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary shall collect a fee from an employer of an H-2A 
        worker in an amount equivalent to 13.85 percent of total wages 
        paid to the H-2A worker during the period of employment. Fees 
        collected under this paragraph shall be deposited in the 
        Treasury in accordance with subsection (a).
            (2) Exception.--Paragraph (1) does not apply to an employer 
        in a case where the job opportunity is covered by a union 
        contract that was negotiated at arm's-length between a bona 
        fide union and the employer.
    (c) Distribution of Funds.--The amounts paid into the Agricultural 
Worker Account shall be used as follows:
            (1) Labor management committees.--40 percent of the amounts 
        deposited into the Agricultural Worker Account shall remain 
        available to the Federal Mediation and Conciliation Service 
        until expended for assistance to labor management committees 
        described in subsection (d).
            (2) Demonstration programs and projects.--40 percent of the 
        amounts deposited in the Agricultural Worker Account shall 
        remain available to the Secretary of Labor until expended for 
        demonstration programs and projects described in subsection 
        (e).
            (3) Administrative expenses.--20 percent of the amounts 
        deposited into the Agricultural Worker Account shall remain 
        available to the Attorney General, the Secretary of Labor, and 
        the Secretary of State until expended in amounts equivalent to 
        the expenses incurred by such officials in the administration 
        of the H-2A program.
    (d) Assistance to Labor Management Committees.--
            (1) Establishment of farm, area, or industrywide 
        committees.--
                    (A) The Federal Mediation and Conciliation Service 
                shall provide assistance in the establishment and 
                operation of farm, area, and industrywide labor 
                management committees that--
                            (i) have been organized jointly by 
                        employers and labor organizations representing 
                        employees in that farm, area, or industry; and
                            (ii) are established for the purpose of 
                        improving labor management relationships, job 
                        security, organizational effectiveness, 
                        enhancing economic development and 
                        productivity, or involving workers in decisions 
                        affecting their jobs, including improving 
                        communication with respect to subjects of 
                        mutual concern.
                    (B) The Federal Mediation and Conciliation Service 
                shall enter into contracts and make grants, where 
                necessary or appropriate, to fulfill its 
                responsibilities under this section.
            (2) Restrictions on grants, contracts, or other 
        assistance.--
                    (A) Representation by labor organizations; 
                collective bargaining agreements.--No grant may be 
                made, no contract may be entered into, and no other 
                assistance may be provided under the provisions of this 
                section to a farm or ranch labor management committee 
                unless the employees at that farm or ranch are 
                represented by a labor organization and there is in 
                effect at that farm or ranch a collective bargaining 
                agreement.
                    (B) Participation in labor management committees.--
                No grant may be made, no contract may be entered into, 
                and no other assistance may be provided under the 
                provisions of this section to an area or industrywide 
                labor management committee unless its participants 
                include any labor organizations certified or recognized 
                as the representative of the employees of an employer 
                participating in such committee. Nothing shall prohibit 
                participation in an area or industywide committee by an 
                employer not represented by a labor organization.
                    (C) Right to organize and collective bargaining.--
                No grant may be made under the provisions of this 
                section to any labor management committee which the 
                Secretary finds to have as one of its purposes the 
                discouragement of the exercise of the right to organize 
                or the interference with collective bargaining at any 
ranch or farm.
    (e) Demonstration Programs and Projects.--
            (1) In general.--The Secretary of Labor shall use funds 
        available under section 303(c)(2) to establish demonstration 
        projects to improve labor management practices in agriculture 
        and use the existing farm labor force more efficiently. These 
        projects may include, but are not limited to--
                    (A) projects to enhance the recruitment of workers 
                and demonstrate the feasibility of establishing migrant 
                itineraries through the provision of worker 
                transportation and support services;
                    (B) local job referral and labor-sharing networks;
                    (C) workplace literacy programs for migrant and 
                seasonal farmworkers, including workers who reside part 
                of the year in Mexico;
                    (D) bilingual workers' rights hotlines;
                    (E) occupational safety and health programs;
                    (F) development and implementation of labor-saving 
                and other workplace technologies;
                    (G) establishment of agricultural sector-based 
                cross-training and development consortiums;
                    (H) customized training for individual employers; 
                and
                    (I) agricultural career-laddering training, and 
                development.
            (2) Grants.--
                    (A) Eligibility.--To carry out the programs and 
                projects described in paragraph (1)(A), the Secretary 
                of Labor shall award grants to farmworker unions and 
                other farmworker community-based organizations, and 
                higher education institutions.
                    (B) Collaborative efforts.--Consideration in the 
                awarding of grants should be given to any proposal 
                demonstrating collaboration between a union or other 
                farmworker organization and an employer or employer 
                organization.
                    (C) Allocation of grants.--In making grants under 
                this paragraph, the Secretary shall make every effort 
                to fairly distribute the grants across different 
                geographic areas of the country but give priority to 
                those areas of the country employing substantial 
                numbers of H-2A workers.
            (3) Requirements for grant application.--Applications for 
        grants shall include an agreement that the program or project 
        shall be subject to evaluation by the Secretary of Labor to 
        measure its effectiveness.

SEC. 304. REGULATIONS.

    (a) Regulations of the Attorney General.--The Attorney General 
shall consult with the Secretary of Labor 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 of Labor 
shall consult with the Secretary of Agriculture and the Attorney 
General on all regulations to implement the duties of the Secretary of 
Labor 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 under this title and the amendments made by 
sections 201 and 301 shall take effect on the effective date of such 
title and amendments and shall be issued not later than 1 year after 
the date of the enactment of this Act.

SEC. 305. EFFECTIVE DATE.

    (a) In General.--Except as otherwise provided, this title and the 
amendments made by sections 201 and 301 shall take effect on the date 
that is 1 year after the date of the enactment of this Act.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall prepare and submit to the 
appropriate committees of the Congress a report that describes the 
measures being taken and the progress made in implementing this Act.
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