[Congressional Record Volume 142, Number 138 (Monday, September 30, 1996)]
[Senate]
[Pages S11987-S11990]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CRAIG:

  S. 2174. A bill to amend the Immigration and Nationality Act with 
respect to the admission of temporary H-2A workers; to the Committee on 
the Judiciary.


                The H-2a Temporary Agricultural Workers

 Mr. CRAIG. Mr. President, I introduce a bill that would make 
needed reforms to the so-called H-2A Program, the program intended by 
Congress in the Immigration and Nationality Act to allow for a reliable 
supply of legal, temporary, immigrant workers in the agricultural 
sector, under terms that also provide reasonable worker protections, 
when there is a shortage of domestic labor in this sector.
  Let me start by once again thanking my good friend, Al Simpson, the 
senior Senator from Wyoming, who agreed to including in the Illegal 
Immigration Reform conference report some compromise language regarding 
the Sense of the Congress on the H-2A Program and requiring the General 
Accounting Office to review the effectiveness of the program by the end 
of the year. Al Simpson is a true friend, a statesman, and a dedicated 
public servant. The Senate will miss him and I will miss our working 
together on a regular basis.
  The language included in the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 is essentially the same as language agreed 
to in the conference report on fiscal year 1997 Agriculture 
Appropriations. With these provisions, the Congress now has gone on 
record twice on the importance of having a program that helps ensure an 
adequate work force for agricultural producers.
  This is an issue that of the utmost importance to this country's 
farmers and ranchers, especially in light of the impact that 
immigration reform will have on the supply of agricultural labor. There 
is very real concern among Idaho farmers and throughout the country 
that these reforms will reduce the availability of agricultural 
workers.
  Farmers need access to an adequate supply of workers and want to have 
certainty that they are hiring a legal work force. In 1995, the total 
agricultural work force was about 2.5 million people. That equals 6.7 
percent of our labor force, which is directly involved in production 
agriculture and food processing.
  Hired labor is one of the most important and costly inputs in 
farming. U.S. farmers spent more than $15 billion on hired labor 
expenses in 1992 $1 of every $8 of farm production expenses. For the 
labor-intensive fruit, vegetable and horticultural sector, labor 
accounts for 35 to 45 percent of production costs.
  The competitiveness of U.S. agriculture, especially in the fruit, 
vegetable and horticultural specialty sectors, depends on the continued 
availability of hired labor at a reasonable cost. U.S. farmers, 
including producers of labor-intensive perishable commodities, compete 
directly with producers in other countries for market share in both 
U.S. and foreign commodity markets.

  Wages of U.S. farmworkers will not be forced up by eliminating alien 
labor, because growers' production costs are capped by world market 
commodity prices. Instead, a reduction in the work force available to 
agriculture will force

[[Page S11988]]

U.S. producers to reduce production to the level that can be sustained 
by a smaller work force.
  Over time, wages for these farm workers have actually risen faster 
than non-farm worker wages. Between 1986-1994, there was a 34.6 percent 
increase in average hourly earnings for farm workers, while non-farm 
workers only saw a 27.1 percent increase.
  Even with this increase in on-farm wages, this country has 
historically been unable to provide a sufficient number of domestic 
workers to complete the difficult manual labor required in the 
production of many agricultural commodities. In Idaho, this is 
especially true for producers of fruit, sugar beets, onions and other 
specialty crops.
  The difficulty in obtaining sufficient domestic workers is primarily 
due to the fact that domestic workers prefer the security of full-time 
employment in year round positions. As a result the available domestic 
work force tends to prefer the long term positions, leaving the 
seasonal jobs unfilled. In addition, many of the seasonal agricultural 
jobs are located in areas where it is necessary for workers to migrate 
into the area and live temporarily to do the work. Experience has shown 
that foreign workers are more likely to migrate than domestic workers. 
As a result of domestic short supply, farmers and ranchers have had to 
rely upon the assistance of foreign workers.
  The only current mechanism available to admit foreign workers for 
agricultural employment is the H-2A program. The H-2A program is 
intended to serve as a safety valve for times when domestic labor is 
unavailable. Unfortunately, the H-2A program isn't working.
  Despite efforts to streamline the temporary worker program in 1986, 
it now functions so poorly that few in agriculture use it without 
risking an inadequate work force, burdensome regulations and potential 
litigation expense. In fact, usage of the program has actually 
decreased from 25,000 workers in 1986 to only 17,000 in 1995.
  The bill I am introducing would provide some much-needed reforms to 
the H-2A program. I urge my colleagues to consider the following 
reasonable modifications of the H-2A program.
  First, the bill would reduce the advance filing deadline from 60 to 
40 days before workers are needed. In many agricultural operations, 60 
days is too far in advance to be able to predict labor needs with the 
precision required in H-2A applications. Furthermore, virtually all 
referrals of U.S. workers who actually report for work are made close 
to the date of need. The advance application period serves little 
purpose except to provide time for litigation.

  Second, in lieu of the present certification letter, the Department 
of Labor [DOL] would issue the employer a domestic recruitment report 
indicating that the employer's job offer meets the statutory criteria 
and lists the number of U.S. workers referred. The employer would then 
file a petition with INS for admission of aliens, including a copy of 
DOL's domestic recruitment report and any countervailing evidence 
concerning the adequacy of the job offer and/or the availability of 
U.S. workers. The Attorney General would make the admission decision. 
The purpose is to restore the role of the Labor Department to that of 
giving advice to the Attorney General on laboravailability, and return 
decision making to the Attorney General.
  Third, the Department of Labor would be required to provide the 
employer with a domestic recruitment report not later than 20 days 
before the date of need. The report either states sufficient domestic 
workers are not available or gives the names and Social Security 
Numbers of the able, willing and qualified workers who have been 
referred to the employer. The Department of Labor now denies 
certification not only on the basis of workers actually referred to the 
employer, but also on the basis of reports or suppositions that 
unspecified numbers of workers may become available. The proposed 
change would assure that only workers actually identified as available 
would be the basis for denying foreign workers.
  Fourth, the Immigration and Naturalization Service [INS] would 
provide expedited processing of employers' petitions, and, if approved, 
notify the visa issuing consulate or port of entry within 15 calendar 
days. This would ensure timely admission decisions.
  Fifth, INS would also provide expedited procedures for amending 
petitions to increase the number of workers admitted on 5 days before 
the date of need. This is to reduce the paperwork and increase the 
timeliness of obtaining needed workers very close to or after the work 
has started.
  Sixth, DOL would continue to recruit domestic workers and make 
referrals to employers until 5 days before the date of need. This 
method is needed to allow the employer at a date certain to complete 
his hiring, and to operate without having the operation disrupted by 
having to displace existing workers with new workers.
  Seventh, the bill would enumerate the specific obligations of 
employers in occupations in which H-2A workers are employed. The 
proposed definition would define jobs that meet the following criteria 
as not adversely affecting U.S. workers:
  1. The employer offers a competitive wage for the position.
  2. The employer would provide approved housing, or a reasonable 
housing allowance, to workers whose permanent place of residence is 
beyond normal commuting distance.
  3. The employer continues to provide current transportation 
reimbursement requirements.
  4. A guarantee of employment is provided for at least three-quarters 
of the anticipated hours of work during the actual period of 
employment.
  5. The employer would provide workers' compensation or equivalent 
coverage.
  6. Employer must comply with all applicable federal, state and local 
labor laws with respect to both U.S. and alien workers.
  This combination of employment requirements would eliminate the 
discretion of Department of Labor to specify terms and conditions of 
employment on a case-by-case basis. In addition, the scope for 
litigation would be reduced since employers (and the courts) would know 
with particularity the required terms and conditions of employment.
  Eighth, the bill would provide that workers must exhaust 
administrative remedies before engaging their employers in litigation.
  Ninth, certainty would be given to employers who comply with the 
terms of an approved job order. If at a later date the Department of 
Labor requires changes, the employer would be required to comply with 
the law only prospectively. This very important provision removes the 
possibility of retroactive liability if an approved order is changed.
  With the Illegal Immigration Reform bill on its way to becoming law, 
action on these H-2A reforms would be necessary early next year to 
avoid jeopardizing the labor supply for American agriculture.
  Therefore, it is fully my intention to reintroduce this bill at the 
start of the 105th Congress. I am introducing it at this time, at the 
end of the 104th Congress, so that those in Congress and around the 
country who are interested in this issue can get a head start on 
discussing these issues and examining these vitally-needed reforms.
  Again, I urge my colleagues to examine this bill, hopefully with an 
eye toward supporting these reforms when they are reintroduced in the 
next Congress.
  Mr. President, I ask unanimous consent that additional material be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2174

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

     SECTION 1. CONSIDERATIONS IN THE APPROVAL OF H-2A PETITIONS.

       Section 218(a) (8 U.S.C. 1188(a)) of the Immigration and 
     Nationality Act is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following:
       ``(2) In considering an employer's petition for admission 
     of H-2A aliens, the Attorney General shall consider the 
     certification decision of the Secretary of Labor and shall 
     consider any countervailing evidence submitted by the 
     employer with respect to the nonavailability of United States 
     workers and the employer's compliance with the requirements 
     of this section, and may consult with the Secretary of 
     Agriculture.''.

[[Page S11989]]

     SEC. 2. CONDITION FOR DENIAL OF LABOR CERTIFICATION.

       Section 218(b)(4) (8 U.S.C. 1188(b)(4)) of the Immigration 
     and Nationality Act is amended to read as follows:
       ``(4) Determination by the secretary.--The Secretary 
     determines that the employer has not filed a job offer for 
     the position to be filled by the alien with the appropriate 
     local office of the State employment security agency having 
     jurisdiction over the area of intended employment, or with 
     the State office of such an agency if the alien will be 
     employed in an area within the jurisdiction of more than one 
     local office of such an agency, which meets the criteria of 
     paragraph (5).
       ``(5) Required terms and conditions of employment.--The 
     Secretary determines that the employer's job offer does not 
     meet one or more of the following criteria:
       ``(A) Required rate of pay.--The employer has offered to 
     pay H-2A aliens and all other workers in the occupation in 
     the area of intended employment an adverse effect wage rate 
     of not less than the median rate of pay for similarly 
     employed workers in the area of intended employment.
       ``(B) Provision of housing.--
       ``(i) In general.--The employer has offered to provide 
     housing to H-2A aliens and those workers not reasonably able 
     to return to their residence within the same day, without 
     charge to the worker. The employer may, at the employer's 
     option, provide housing meeting applicable Federal standards 
     for temporary labor camps, or provide rental or public 
     accommodation type housing which meets applicable local or 
     state standards for such housing.
       ``(ii) Housing allowance as alternative.--In lieu of 
     offering the housing required in clause (i), the employer may 
     provide a reasonable housing allowance to workers not 
     reasonably able to return to their place of residence within 
     the same day, but only if the Secretary determines that 
     housing is reasonably available within the approximate area 
     of employment. An employer who offers a housing allowance 
     pursuant to this subparagraph shall not be deemed to be a 
     housing provider under section 203 of the Migrant and 
     Seasonal Agricultural Worker Protection Act (29 U.S.C. 1823) 
     merely by virtue of providing such housing allowance.
       ``(iii) Special housing standards for short duration 
     employment.-- The Secretary shall promulgate special 
     regulations permitting the provision of short-term temporary 
     housing for workers employed in occupations in which 
     employment is expected to last 40 days or less.
       ``(iv) Transitional period for provision of special housing 
     standards in other employment.--For a period of five years 
     after the date of enactment of this section, the Secretary 
     shall approve the provision of housing meeting the standards 
     described in clause (iii) in occupations expected to last 
     longer than 40 days in areas where available housing meeting 
     the criteria described in subparagraph (i) is found to be 
     insufficient.
       ``(v) Preemption of state and local standards.--The 
     standards described in clauses (ii) and (iii) shall preempt 
     any State and local standards governing the provision of 
     temporary housing to agricultural workers.
       ``(C) Reimbursement of transportation costs.--The employer 
     has offered to reimburse H-2A aliens and workers recruited 
     from beyond normal commuting distance the most economical 
     common carrier transportation charge and reasonable 
     subsistence from the place from which the worker comes to 
     work for the employer, (but not more than the most economical 
     common carrier transportation charge from the worker's normal 
     place of residence) if the worker completes 50 percent of the 
     anticipated period of employment. If the worker recruited 
     from beyond normal commuting distance completes the period of 
     employment, the employer will provide or pay for the worker's 
     transportation and reasonable subsistence to the worker's 
     next place of employment, or to the worker's normal place of 
     residence, whichever is less.
       ``(D) Guarantee of employment.--The employer has offered to 
     guarantee the worker employment for at least three-fourths of 
     the workdays of the employer's actual period of employment in 
     the occupation. Workers who abandon their employment or are 
     terminated for cause shall forfeit this guarantee.
       ``(6) Preference for united states workers.--The employer 
     has not assured on the application that the employer will 
     provide employment to all qualified United States workers who 
     apply to the employer and assure that they will be available 
     at the time and place needed until the time the employer's 
     foreign workers depart for the employer's place of employment 
     (but not sooner than 5 days before the date workers are 
     needed), and will give preference in employment to United 
     States workers who are immediately available to fill job 
     opportunities that become available after the date work in 
     the occupation begins.''.

     SEC. 3. SPECIAL RULES APPLICABLE TO THE ISSUANCE OF LABOR 
                   CERTIFICATIONS.

       Section 218(c) (8 U.S.C. 1188(c)) of the Immigration and 
     Nationality Act is amended to read as follows:
       ``(c) Special Rules Applicable to the Issuance of Labor 
     Certifications.--The following rules shall apply to the 
     issuance of labor certifications by the Secretary under this 
     section:
       ``(1) Deadline for filing applications.--The Secretary may 
     not require that the application be filed more than 40 days 
     before the first date the employer requires the labor or 
     services of the H-2A worker.
       ``(2) Notice within seven days of deficiencies.--
       ``(A) The employer shall be notified in writing within 
     seven calendar days of the date of filing, if the application 
     does not meet the criteria described in subsection (b) for 
     approval.
       ``(B) If the application does not meet such criteria, the 
     notice shall specify the specific deficiencies of the 
     application and the Secretary shall provide an opportunity 
     for the prompt resubmission of a modified application.
       ``(3) Issuance of certification.--
       ``(A) The Secretary shall provide to the employer, not 
     later than 20 days before the date such labor or services are 
     first required to be performed, the certification described 
     in subsection (a)(1)--
       ``(i) with respect to paragraph (a)(1)(A) if the employer's 
     application meets the criteria described in subsection (b), 
     or a statement of the specific reasons why such certification 
     can not be made, and
       ``(ii) with respect to subsection (a)(1)(B), to the extent 
     that the employer does not actually have, or has not been 
     provided with the names, addresses and Social Security 
     numbers of workers referred to the employer who are able, 
     willing and qualified and have indicated they will be 
     available at the time and place needed to perform such labor 
     or services on the terms and conditions of the job offer 
     approved by the Secretary. For each worker referred, the 
     Secretary shall also provide the employer with information 
     sufficient to permit the employer to contact the referred 
     worker for the purpose of reconfirming the worker's 
     availability for work at the time and place needed.
       ``(B) If, at the time the Secretary determines that the 
     employer's job offer meets the criteria described in 
     subsection (b) there are already unfilled job opportunities 
     in the occupation and area of intended employment for which 
     the employer is seeking workers, the Secretary shall provide 
     the certification at the same time the Secretary approves the 
     employer's job offer.''.

     SEC. 4. EXPEDITED APPEALS OF CERTAIN DETERMINATIONS.

       Section 218(e) (8 U.S.C 1188(e)) of the Immigration and 
     Nationality Act is amended to read as follows:
       ``(e) Expedited Appeals of Certain Determinations.--The 
     Secretary shall provide by regulation for an expedited 
     procedure for the review of the nonapproval of an employer's 
     job offer pursuant to subsection (c)(2) and of the denial of 
     certification in whole or in part pursuant to subsection 
     (c)(3) or, at the applicant's request, a de novo 
     administrative hearing respecting the nonapproval or 
     denial.''.

     SEC. 5. PROCEDURES FOR THE CONSIDERATION OF H-2A PETITIONS.

       Section 218 of the Immigration and Nationality Act (8 
     U.S.C. 1188) is amended--
       (1) by redesignating subsections (f) through (i) as 
     subsections (g) through (j), respectively; and
       (2) by adding the following after subsection (e):
       ``(f) Procedures for the Consideration of H-2A Petitions.--
     The following procedures shall apply to the consideration of 
     petitions by the Attorney General under this section:
       ``(1) Expedited processing of petitions.--The Attorney 
     General shall provide an expedited procedure for the 
     adjudication of petitions filed under this section, and the 
     notification of visa-issuing consulates where aliens seeking 
     admission under this section will apply for visas and/or 
     ports of entry where aliens will seek admission under this 
     section within 15 calendar days from the date such petition 
     is filed by the employer.
       ``(2) Expedited amendments to petitions.--The Attorney 
     General shall provide an expedited procedure for the 
     amendment of petitions to increase the number of workers on 
     or after five days before the employers date of need for the 
     labor or services involved in the petition to replace 
     referred workers whose continued availability for work at the 
     time and place needed under the terms of the approved job 
     offer can not be confirmed and to replace referred workers 
     who fail to report for work on the date of need and replace 
     referred workers who abandon their employment or are 
     terminated for cause, and for which replacement workers are 
     not immediately available pursuant to subsection (b)(6).''.

     SEC. 6. LIMITATION ON EMPLOYER LIABILITY.

       Section 218(g) (8 U.S.C. 1188(g)) of the Immigration and 
     Nationality Act is amended--
       (1) by redesignating paragraph (2) as paragraph (2)(A); and
       (2) by inserting after paragraph (2)(A) the following:
       ``(B) No employer shall be subject to any liability or 
     punishment on the basis of an employment action or practice 
     by such employer that conforms with the terms and conditions 
     of a job offer approved by the Secretary pursuant to this 
     section, unless and until the employer has been notified that 
     such certification has been amended or invalidated by a final 
     order of the Secretary or of a court of competent 
     jurisdiction.''.

     SEC. 7. LIMITATION ON JUDICIAL REMEDIES.

       Section 218(h) of the Immigration and Nationality Act (8 
     U.S.C. 1188(h)) is amended by adding at the end thereof the 
     following:
       ``(3) No court of the United States shall have jurisdiction 
     to issue any restraining

[[Page S11990]]

     order or temporary or permanent injunction preventing or 
     delaying the issuance by the Secretary of a certification 
     pursuant to this section, or the approval by the Attorney 
     General of a petition to import an alien as an H-2A worker, 
     or the actual importation of any such alien as an H-2A worker 
     following such approval by the Attorney General.''.
                                                                    ____



Summary of the Bill to Reform the Immigration and Nationality Act with 
       Respect to the H-2A Temporary Agricultural Workers Program

       The following proposed changes to the H-2A program would 
     improve its timeliness and utility for agricultural employers 
     in addressing agricultural labor shortages, while providing 
     wages and benefits that equal or exceed the median level of 
     compensation in non-H-2A occupations, and reducing the 
     vulnerability of the program to being hamstrung and delayed 
     by litigation.
       1. Reduce the advance filing deadline from 60 to 40 days 
     before workers are needed.
       Rationale: In many agricultural operations, 60 days is too 
     far in advance to be able to predict labor needs with the 
     precision required in H-2A applications. Furthermore, 
     virtually all referrals of U.S. workers who actually report 
     for work are made close to the date of need. The advance 
     application period serves little purpose except to provide 
     time for litigation.
       2. In lieu of the present certification letter, DOL would 
     issue the employer a domestic recruitment report indicating 
     that the employer's job offer meets the statutory criteria 
     (or the specific deficiencies in the order) and the number of 
     U.S. workers referred, per #3 below. The employer would file 
     a petition with INS for admission of aliens (or transfer of 
     aliens already in the United States), including a copy of 
     DOL's domestic recruitment report and any countervailing 
     evidence concerning the adequacy of the job offer and/or the 
     availability of U.S. workers. The Attorney General would make 
     the admission decision.
       Rationale: The purpose is to restore the role of the Labor 
     Department to that of giving advice to the AG on labor 
     availability, and return the true gatekeeper role to the AG. 
     Presently the certification letter is, de facto, the 
     admission decision.
       3. DOL provides employer with a domestic recruitment report 
     not later than 20 days before the date of need stating either 
     that sufficient domestic workers are not available, or giving 
     the names and Social Security Numbers of the able, willing 
     and qualified workers who have been referred to the employer 
     and who have agreed to be available at the time and place 
     needed. DOL also provides a means for the employer to contact 
     the referred worker to confirm availability close to the date 
     of need. DOL would be empowered to issue a report that 
     sufficient domestic workers are not available without waiting 
     until 20 days before the date of need for workers if there 
     are already unfilled orders for workers in the same or 
     similar occupations in the same area of intended employment.
       Rationale: DOL now denies certification not only on the 
     basis of workers actually referred to the employer, but also 
     on the basis of reports or suppositions that unspecified 
     numbers of workers may become available. These suppositions 
     almost never prove correct, forcing the employer into costly 
     and time wasting redeterminations on or close to the date of 
     need and delaying the arrival of workers. The proposed change 
     would assure that only workers actually identified as 
     available would be the basis for denying foreign workers. DOL 
     also interprets the existing statutory language as precluding 
     it from issuing each labor certification until 20 days before 
     the date of need, even in situations where ongoing 
     recruitment shows that sufficient workers are not available.
       4. INS to provide expedited processing of employer's 
     petitions, and, if approved, notify the visa issuing 
     consulate or port of entry within 15 calendar days.
       Rationale: The assure timely admission decisions.
       5. INS to provide an expedited procedures for amending 
     petitions to increase the number of workers admitted (or 
     transferred) on or after 5 days before the date of need, to 
     replace referred workers whose continued availability can not 
     be confirmed, who fail to report on the date of need, or who 
     abandon employment or are terminated for cause, without first 
     obtaining a redetermination of need from DOL.
       Rationale: To reduce the paperwork and increase the 
     timeliness of obtaining needed workers very close to or after 
     the work has started.
       6. DOL would continue to recruit domestic workers and make 
     referrals to employers until 5 days before the date of need. 
     Employers would be required to give preference to able, 
     willing and qualified workers who agree to be available at 
     the time and place needed who are referred to the employer 
     until 5 days before the date workers are needed. After that 
     time, employers would be required to give preference to U.S. 
     workers who are immediately available in filling job 
     opportunities that become available, but would not be 
     required to bump alien workers already employed.
       Rationale: A method is needed to allow the employer at a 
     date-certain close to the date of need to complete his 
     hiring, and to operate without having the operation disrupted 
     by having to displace existing workers with new workers.
       7. Create a ``bounded definition'' of adverse effect by 
     enumerating the specific obligations of employers in 
     occupations in which H-2A aliens are employed. The proposed 
     definition would define jobs that meet the following criteria 
     as not adversely affecting U.S. workers:
       7a. Offer at least the median rate of pay for the 
     occupation in the area of intended employment.
       7b. Provide approved housing or, if sufficient housing is 
     available in the approximate area of employment, a reasonable 
     housing allowance, to workers whose permanent place of 
     residence is beyond normal commuting distance.
       NOTE: Provision should also be made to allow temporary 
     housing that does not meet the full set of Federal standards 
     for a transitional period in areas where sufficient housing 
     that meets standards is not presently available, and for such 
     temporary housing on a permanent basis in occupations in 
     which the term of employment is very short (e.g. cherry 
     harvesting, which lasts about 15-20 days) if sufficient 
     housing that meets the full standards is not available. 
     Federal law should pre-empt state and local laws and codes 
     with respect to the provision of such temporary housing.
       7c. Current transportation reimbursement requirements (i.e. 
     employer reimburses transportation of workers who complete 50 
     percent of the work contract and provides or pays for return 
     transportation for workers who complete the entire work 
     contract).
       7d. A guarantee of employment for at least three-quarters 
     of the anticipated hours of work during the actual period of 
     employment.
       7e. Employer-provided Workers' Compensation or equivalent.
       7f. Employer must comply with all applicable federal, state 
     and local labor laws with respect to both U.S. and alien 
     workers.
       Rationale: The objective is to eliminate the discretion of 
     DOL to specify terms and conditions of employment on a case-
     by-case basis and reduce the scope for litigation of 
     applications. Employers (and the courts) would know with 
     particularity, up front, what the required terms and 
     conditions of employment are. The definition also reduces the 
     cost premium for participating in the program by relating the 
     Adverse Effect Wage Rate to the minimum wage and limiting the 
     applicability of the three-quarters guarantee to the actual 
     period of employment.
       8. Provide that workers must exhaust administrative 
     remedies before engaging their employers in litigation.
       Rationale: To reduce litigation costs.
       9. Provide that if an employer complies with the terms of 
     an approved job order, and DOL or a court later orders a 
     provision to be changed, the employer would be required to 
     comply with the new provision only prospectively.
       Rationale: To reduce the exposure of employers to 
     litigation seeking to overturn DOL's approval of job orders, 
     and to retroactive liability if an approved order is 
     changed.
                                 ______