[Congressional Record Volume 145, Number 148 (Wednesday, October 27, 1999)]
[Senate]
[Pages S13275-S13287]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SMITH of Oregon (for himself, Mr. Graham, Mr. Craig, Mr. 
        Cleland, Mr. McConnell, Mr. Coverdell, Mr. Mack, Mr. Cochran, 
        Mr. Helms, Mr. Grams, Mr. Crapo, Mr. Bunning, and Mr. 
        Voinovich):
  S. 1814. A bill to establish a system of registries of temporary 
agricultural workers to provide for a sufficient supply of such workers 
and to amend the Immigration and Nationality Act to streamline 
procedures for the admission and extension of stay of nonimmigrant 
agricultural workers, and for other purposes; to the Committee on the 
Judiciary.


agricultural job opportunity benefits and security act of 1999 (agjobs)

  Mr. SMITH of Oregon. Mr. President, I rise today with Senators 
Graham, Craig, Cleland, McConnell, Coverdell, Mack, Cochran, Helms, 
Grams, Crapo, Bunning, and Voinovich to introduce the Agricultural Job 
Opportunity Benefits and Security Act of 1999.
  Our bill will reform the agricultural labor market, establish and 
maintain immigration control, provide a legal workforce for our 
farmers, and restore the dignity to the lives of thousands of 
farmworkers who have helped make the U.S. economy the powerhouse that 
it is today. Indeed, these people, the farmers and farm workers, are 
much of the reason you and I are able to go home to a table full of 
food.

  In all of my legislative career--7 years now--I have never found an 
issue that as quickly moves off the merits and on to name-calling than 
the issue of immigration. I was amazed and astounded at the things that 
were said to me and my colleague from Oregon,

[[Page S13276]]

Senator Wyden, as we pursued this issue with the very best of motives 
last year. Those things are said still. But I challenge anyone who 
wants to see a better life, I challenge them to defend the current 
system we have in this country for agricultural workers and farmers. We 
take for granted when we go to the grocery store all the abundance that 
there greets us, but we seldom take the time to think of those who 
helped produce it and bring it to the market.
  There is a shameful story to be told in this country when it comes to 
agricultural workers. What I am offering with all of my colleagues--my 
bipartisan colleagues--is a good-faith effort to make a bad situation 
much better and to get this country off an illegal system and on to a 
legal system so farmers no longer need be felons and farm workers no 
longer need to live in our shadows as fugitives.
  A few years ago, the GAO issued a report. They said there is no 
worker shortage in agriculture. They said there is no worker shortage 
because we have all these illegal aliens here. As a consequence of 
depending on an illegal system, these people who come--many from south 
of the border--are subject to the most inhumane treatment by coyotes in 
human form. These are people who prey upon their fears. These are 
organizations--even some who profess to be advocates--that hold them up 
for money, subject them to physical abuse and even rape, and do so in 
the name of providing labor. They are in business as long as we keep 
this shameful system illegal.
  How many people are we talking about? By some estimates, there are 
1.6 million illegal workers in agriculture in this country. These are 
the people who are so often victimized. They will always be victimized 
as long as we keep them illegal.
  Senator Graham, Senator Craig and I have tried to devise a way to 
help workers and farmers in three distinctive ways in the bills we have 
introduced today. First, we provide an opportunity for an adjustment of 
status so when this bill becomes the law, any worker who can 
demonstrate he or she has been in this country working in agriculture 
for some period of time in the previous year can apply for an adjusted 
status which will give them immediate legal rights and put them on the 
course over the next 5 to 7 years to work in agriculture and earn 
permanent legal status, a green card. Their change of status from 
illegal to legal actually occurs immediately.
  It was my experience as a person in business that those who got 
amnesty immediately got a voice. As soon as they had a legal right to 
be here, their conditions began to improve. The people who will argue 
against this bill somehow benefit--even profit--by keeping these people 
illegal and by being their voice. I don't think that serves their 
interests based on what I saw in the private sector in the middle 
1980s.
  What we are proposing is not amnesty. Some have said this is 
indentured servitude. The indentured servitude is the status quo. The 
indentured servitude are those who simply say keep them illegal, keep 
them down, make sure they don't have the benefits that other workers in 
America do, and we will somehow suggest we are on their side. The way 
out of indentured servitude is to give them a legal path to follow. 
That is what Senator Graham, Senator Craig and I are doing.
  The second part of our bill is to actually reform the H-2A program. 
To demonstrate that, I have an application I filled out to become a 
Senator. It is two pages. I filled it out fairly quickly and persuaded 
51-plus percent of the people in Oregon to elect me to the Senate.

  If I am a farmer and I need help, this is the manual that explains 
how to fill out the application for one worker: It is hundreds of pages 
long. The manual is unnumbered and covers a multitude of agencies in 
the Federal Government, all of which have to sign off on every single 
foreign migrant worker. I am simply saying this program, H-2A, as we 
have it now, is a manifest failure. It is a manifest failure because 
very few people utilize it. All of the benefits promised by the current 
H-2A program go unfulfilled because everyone evades the law because the 
law doesn't work.
  What Senator Graham, Senator Craig and I are proposing to do is to 
create a national registry that does not even kick in until all 
domestic workers have right of first refusal. What it does is connect 
workplaces and employers with employees who want to work on farms. It 
will provide an opportunity even for organized labor to go to one 
place, find out who wants to be there, who wants the job, and even 
assist them in organizing if they choose to do so.
  I am not here to oppose organized labor. I am trying to help them, to 
say there is a legal way to do this that will better serve the 
interests of real people, and not the imaginary, hoped-for things that 
some are claiming are possible, which are not possible.
  Third, Senator Graham, Senator Craig and I are providing enhanced 
worker protections. Specifically, in this program, workers will get no 
less than the minimum wage, the prevailing wage, or the adverse effect 
wage rate which is 5 percent above the prevailing rate. This is our 
attempt to say that these people are due the basics of what American 
citizens have. In addition to that, they will have transportation 
benefits, housing benefits, and they will now be covered under the 
Migrant Seasonal Agricultural Protection Act in ways they were not 
before.
  All of this is done because we are here to help. We reach out to all 
who are in this disadvantaged situation who want to be legal, who want 
a future, who want to pursue the American dream, and who want to do 
farm work.
  Some have suggested we are trying to flood this country with more 
illegal problems. I say on the floor of the Senate, I don't want one 
additional worker, but I want those who are here to have a legal way to 
be here. This isn't as if they are coming; they are already here. It is 
a shameful situation when we can do nothing for them under law.
  As this bill goes forward, lots of name-calling will go on, lots of 
mischaracterizations will be made. However, I ask my colleagues, I ask 
anyone interested in this issue, to read the bill this time and then 
tell the truth about it. Do not make it up because we have a problem. 
It is a human problem. It affects farm workers and farmers and we owe 
them something better than they have under U.S. law today.
  I ask unanimous consent that the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1814

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Agricultural Job Opportunity Benefits and Security Act of 
     1999''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                  TITLE I--ADJUSTMENT TO LEGAL STATUS

Sec. 101. Agricultural workers.

                TITLE II--AGRICULTURAL WORKER REGISTRIES

Sec. 201. Agricultural worker registries.

                         TITLE III--H-2A REFORM

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

                   TITLE IV--MISCELLANEOUS PROVISIONS

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

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Adverse effect wage rate.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``adverse effect wage rate'' means the rate of pay 
     for an agricultural occupation that is 5 percent above the 
     prevailing rate of pay for that agricultural occupation in an 
     area of intended employment, if the prevailing rate of pay 
     for the occupation is less than the prior year's average 
     hourly earnings of field and livestock workers for the State 
     (or region that includes the State), as determined by the 
     Secretary of Agriculture, provided no adverse effect wage 
     rate shall be more than the prior year's average hourly 
     earnings of field and livestock workers for the State (or 
     region that includes the State), as determined by the 
     Secretary of Agriculture.

[[Page S13277]]

       (B) Exception.--If the prevailing rate of pay for an 
     activity is a piece rate, task rate or group rate, and the 
     average hourly earnings of an employer's workers employed in 
     that activity, taken as a group, are less than the prior 
     year's average hourly earnings of field and livestock workers 
     in the State (or region that includes the State), as 
     determined by the Secretary of Agriculture, the term 
     ``adverse effect wage rate'' means the prevailing piece rate, 
     task rate or group rate for the activity plus such an amount 
     as is necessary to increase the average hourly earnings of 
     the employer's workers employed in the activity, taken as a 
     group, by 5 percent, or to the prior's years average hourly 
     earnings for field and livestock workers for the State (or 
     region that includes the State) determined by the Secretary 
     of Agriculture, whichever is less.
       (2) Agricultural employment.--The term ``agricultural 
     employment'' means any service or activity that is considered 
     to be agriculture under section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f)) or as agricultural 
     labor under section 3121(g) of the Internal Revenue Code of 
     1986. For purposes of this paragraph, agricultural employment 
     in the United States includes, but is not limited to, 
     employment under section 101(a)(15)(H)(ii)(a) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(ii)(a)).
       (3) Eligible.--The term ``eligible'' as used with respect 
     to workers or individuals, means individuals authorized to be 
     employed in the United States as provided for in section 
     274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 
     1188).
       (4) Employer.--The term ``employer'' means any person or 
     entity, including any farm labor contractor and any 
     agricultural association, that employs workers.
       (5) H-2A employer.--The term ``H-2A employer'' means an 
     employer who seeks to hire one or more nonimmigrant aliens 
     described in section 101(a)(15)(H)(ii)(a) of the Immigration 
     and Nationality Act.
       (6) H-2A  worker.--The term ``H-2A worker'' means a 
     nonimmigrant described in section 101(a)(15)(H)(ii)(a) of the 
     Immigration and Nationality Act.
       (7) Job opportunity.--The term ``job opportunity'' means a 
     specific period of employment provided by an employer to a 
     worker in one or more agricultural activities.
       (8) Prevailing wage.--The term ``prevailing wage'' means 
     with respect to an agricultural activity in an area of 
     intended employment, the rate of wages that includes the 51st 
     percentile of employees in that agricultural activity in the 
     area of intended employment, expressed in terms of the 
     prevailing method of pay for the agricultural activity in the 
     area of intended employment.
       (9) Registered worker.--The term ``registered worker'' 
     means an individual whose name appears in a registry.
       (10) Registry.--The term ``registry'' means an agricultural 
     worker registry established under section 201(a).
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of Labor.
       (12) United states worker.--The term ``United States 
     worker'' means any worker, whether a United States citizen or 
     national, a lawfully admitted permanent resident alien, or 
     any other alien who is authorized to work in the job 
     opportunity within the United States other than an alien 
     admitted pursuant to section 101(a)(15)(H)(ii)(a) or section 
     218 of the Immigration and Nationality Act, as in effect on 
     the effective date of this Act, or a nonimmigrant 
     agricultural worker whose status was adjusted under section 
     101(a).
       (13) Work day.--The term ``work day'' means any day in 
     which the individual is employed one or more hours in 
     agriculture.

                  TITLE I--ADJUSTMENT TO LEGAL STATUS

     SEC. 101. AGRICULTURAL WORKERS.

       (a) Nonimmigrant Status.--
       (1) In general.--The Attorney General shall adjust the 
     status of an alien agricultural worker who qualifies under 
     this subsection to that of an alien lawfully admitted for 
     nonimmigrant status under section 101(a)(15) of the 
     Immigration and Nationality Act if the Attorney General 
     determines that the following requirements are satisfied with 
     respect to the alien:
       (A) Performance of agricultural employment in the united 
     states.--The alien must establish that the alien has 
     performed agricultural employment in the United States for at 
     least 880 hours or 150 work days, whichever is lesser, during 
     the 12-month period prior to October 27, 1999.
       (B) Application period.--The alien must apply for such 
     adjustment not later than 12 months after the effective date 
     of this Act.
       (C) Admissibility.--
       (i) In general.--The alien must establish that the alien is 
     otherwise admissible to the United States under section 212 
     of the Immigration and Nationality Act, except as otherwise 
     provided under subsection (d).
       (ii) Waiver of ineligibility for unlawful presence.--An 
     alien who has not previously been admitted to the United 
     States pursuant to this section, and who is otherwise 
     eligible for admission in accordance with clause (i), shall 
     not be deemed inadmissible by virtue of section 212(a)(9)(B) 
     of that Act.
       (2) Period of validity of nonimmigrant status.--
       (A) In general.--The status granted in paragraph (1) shall 
     be valid for a period of not to exceed 7 consecutive calendar 
     years, except that the alien may not be present in the United 
     States for more than an aggregate of 300 days in any calendar 
     year.
       (B) Exception.--The 300-day-per-year limitation in 
     subparagraph (A) shall not apply to any period of validity of 
     the status of any alien who--
       (i) has established a permanent residence in the United 
     States and has a minor child who was born in the United 
     States prior to the date of enactment of this Act who resides 
     in the alien's household; and
       (ii) performs agricultural employment for not less than 240 
     days in a calendar year.
       (3) Authorized travel.--During the period an alien is in 
     lawful nonimmigrant status granted under this subsection, the 
     alien has the right to travel abroad (including commutation 
     from a residence abroad).
       (4) Authorized employment.--During the period an alien is 
     in lawful nonimmigrant status granted under this subsection, 
     the alien shall be granted authorization to engage in the 
     performance only of agricultural employment in the United 
     States and shall be provided an ``employment authorized'' 
     endorsement or other appropriate work permit, only for the 
     performance of such employment. A nonimmigrant alien under 
     this subsection may perform agricultural employment anywhere 
     in the United States.
       (5) Termination of nonimmigrant status.--Except as 
     otherwise provided in paragraph (2), the Attorney General 
     shall terminate the status, and bring proceedings under 
     section 240 of the Immigration and Nationality Act to remove, 
     any nonimmigrant alien under this subsection who failed 
     during 3 prior calendar years to perform 1,040 hours or 180 
     work days, whichever is lesser, of agricultural services in 
     any single calendar year.
       (6) Record of employment.--Each employer of a nonimmigrant 
     agricultural worker whose status is adjusted under this 
     subsection shall--
       (A) provide a written record of employment to the alien; 
     and
       (B) provide a copy of such record to the Immigration and 
     Naturalization Service.
       (b) Adjustment to Permanent Residence.--
       (1) In general.--Except as provided in paragraph (2), the 
     Attorney General shall adjust the status of any alien 
     provided lawful nonimmigrant status under subsection (a) to 
     that of an alien lawfully admitted for permanent residence if 
     the Attorney General determines that the following 
     requirements are satisfied:
       (A) Qualifying years.--The alien has performed a minimum 
     period of agricultural employment in the United States in 
     each of 5 calendar years during the period of validity of the 
     alien's adjustment to nonimmigrant status pursuant to 
     subsection (a). Qualifying years under this subparagraph may 
     include nonconsecutive years.
       (B) Minimum periods of agricultural employment.--
       (i) In general.--Except as provided in clause (ii), the 
     minimum period of agricultural employment in any calendar 
     year is 1,040 hours or 180 work days, whichever is lesser.
       (ii) Exception.--An alien described in subsection (a)(2)(B) 
     who remains in the United States for more than 300 days in a 
     calendar year may only be credited with satisfaction of the 
     minimum period of agricultural employment requirement for 
     that year if the alien performed agricultural employment in 
     the United States for at least 240 work days that year.
       (C) Application period.--The alien applies for adjustment 
     of status not later than 6 months after completing the fifth 
     year of qualifying employment in the United States.
       (2) Grounds for denial of adjustment of status.--The 
     Attorney General may deny adjustment to nonimmigrant status 
     and provide for termination of the nonimmigrant status 
     granted such alien under subsection (a) if--
       (A) the Attorney General finds by a preponderance of the 
     evidence that the adjustment to nonimmigrant status was the 
     result of fraud or willful misrepresentation as set out in 
     section 212(a)(6)(C)(i), or
       (B) the alien commits an act that (i) makes the alien 
     inadmissible to the United States under section 212 of the 
     Immigration and Nationality Act, except as provided under 
     subsection (c)(2), or (ii) is convicted of a felony or 3 or 
     more misdemeanors committed in the United States.
       (3) Treatment of aliens demonstrating prima facie case for 
     adjustment.--Any alien who demonstrates a prima facie case of 
     eligibility for adjustment under this subsection in 
     accordance with regulations promulgated by the Attorney 
     General, shall be considered a temporary resident alien and, 
     pending adjudication of an application for permanent resident 
     status under this subsection--
       (A) may remain in the United States and shall be granted 
     authorization to engage in any employment in the United 
     States; and
       (B) shall become eligible for any assistance or benefit to 
     which a person granted lawful permanent resident status would 
     be eligible on the date of enactment of this Act.
       (4) Grounds for removal.--Any nonimmigrant alien under 
     subsection (a) who does not apply for adjustment of status 
     under this subsection before the expiration of the 
     application period described in paragraph (1)(C) is 
     deportable and may be removed.
       (5) Numerical limitation.--In any fiscal year not more than 
     20 percent of the number

[[Page S13278]]

     of aliens obtaining nonimmigrant status under subsection (a) 
     may be granted adjustment of status under this subsection. In 
     granting such adjustment, aliens having the greater number of 
     work hours shall be accorded priority. Any temporary resident 
     alien under paragraph (3) who does not receive adjustment of 
     status under this subsection in a fiscal year by reason of 
     the limitation in this paragraph may continue to work in any 
     employment, and shall be credited with any additional hours 
     of agricultural employment performed for purposes of being 
     accorded priority for adjustment of status.
       (c) Applications for Adjustment of Status.--
       (1) To whom may be made.--
       (A) Within the united states.--The Attorney General shall 
     provide that--
       (i) applications for adjustment of status under subsection 
     (a) may be filed--

       (I) with the Attorney General; or
       (II) with a qualified designated entity (designated under 
     paragraph (2)), but only if the applicant consents to the 
     forwarding of the application to the Attorney General; and

       (ii) applications for adjustment of status under subsection 
     (b) shall be filed directly with the Attorney General.
       (B) Outside the united states.--The Attorney General, in 
     cooperation with the Secretary of State, shall provide a 
     procedure whereby an alien may apply for adjustment of status 
     under subsection (a) at an appropriate consular office 
     outside the United States. The Attorney General shall 
     prescribe regulations setting forth procedures for 
     notification of immigration officials by the alien before 
     departing the United States.
       (C) Travel documentation.--The Attorney General shall 
     provide each alien whose status is adjusted under this 
     section with a counterfeit-resistant document of 
     authorization to enter or reenter the United States.
       (2) Designation of entities to receive applications.--For 
     purposes of receiving applications under subsection (a), the 
     Attorney General--
       (A) shall designate qualified voluntary organizations and 
     other qualified State, local, community, farm labor 
     organizations, and associations of agricultural employers; 
     and
       (B) may designate such other persons as the Attorney 
     General determines are qualified and have substantial 
     experience, demonstrated competence, and traditional long-
     term involvement in the preparation and submittal of 
     applications for adjustment of status under section 209 or 
     245 of the Immigration and Nationality Act, Public Law 89-
     732, or Public Law 95-145.
       (3) Proof of eligibility.--
       (A) In general.--An alien may establish that the alien 
     meets the requirement of subsection (a)(1)(A) through 
     government employment records or records supplied by 
     employers or collective bargaining organizations. The 
     Attorney General shall establish special procedures to 
     properly credit work in cases in which an alien was employed 
     under an assumed name.
       (B) Documentation of work history.--(i) An alien applying 
     for adjustment of status under subsection (a)(1) has the 
     burden of proving by a preponderance of the evidence that the 
     alien has worked the requisite number of hours (as required 
     under subsection (a)(1)(A)).
       (ii) If an employer or farm labor contractor employing such 
     an alien has kept proper and adequate records respecting such 
     employment, the alien's burden of proof under clause (i) may 
     be met by securing timely production of those records under 
     regulations to be promulgated by the Attorney General.
       (4) Treatment of applications by qualified designated 
     entities.--Each qualified designated entity must agree to 
     forward to the Attorney General applications filed with it in 
     accordance with paragraph (1)(A)(ii) but not to forward to 
     the Attorney General applications filed with it unless the 
     applicant has consented to such forwarding. No such entity 
     may make a determination required by this section to be made 
     by the Attorney General. Upon the request of the alien, a 
     qualified designated entity shall assist the alien in 
     obtaining documentation of the work history of the alien.
       (5) Limitation on access to information.--Files and records 
     prepared for purposes of this section by qualified designated 
     entities operating under this section are confidential and 
     the Attorney General and the Service shall not have access to 
     such files or records relating to an alien without the 
     consent of the alien, except as allowed by a court order 
     issued pursuant to paragraph (6).
       (6) Confidentiality of information.--
       (A) In general.--Except as provided in this paragraph, 
     neither the Attorney General, nor any other official or 
     employee of the Department of Justice, or bureau or agency 
     thereof, may--
       (i) use the information furnished by the applicant pursuant 
     to an application filed under this section, or the 
     information provided to the applicant by a person designated 
     under paragraph (2)(B), for any purpose other than to make a 
     determination on the application, including a determination 
     under subsection (b)(3), or for enforcement of paragraph (7);
       (ii) make any publication whereby the information furnished 
     by any particular individual can be identified; or
       (iii) permit anyone other than the sworn officers and 
     employees of the Department or bureau or agency or, with 
     respect to applications filed with a designated entity, that 
     designated entity, to examine individual applications.
       (B) Crime.--Whoever knowingly uses, publishes, or permits 
     information to be examined in violation of this paragraph 
     shall be fined not more than $10,000.
       (7) Penalties for false statements in applications.--
       (A) Criminal penalty.--Whoever--
       (i) files an application for adjustment of status under 
     this section and knowingly and willfully falsifies, conceals, 
     or covers up a material fact or makes any false, fictitious, 
     or fraudulent statements or representations, or makes or uses 
     any false writing or document knowing the same to contain any 
     false, fictitious, or fraudulent statement or entry, or
       (ii) creates or supplies a false writing or document for 
     use in making such an application,
     shall be fined in accordance with title 18, United States 
     Code, or imprisoned not more than five years, or both.
       (B) Exclusion.--An alien who is convicted of a crime under 
     subparagraph (A) shall be considered to be inadmissible to 
     the United States on the ground described in section 
     212(a)(6)(C)(i) of the Immigration and Nationality Act.
       (d) Waiver of Numerical Limitations and Certain Grounds for 
     Inadmissibility.--
       (1) Numerical limitations do not apply.--The numerical 
     limitations of sections 201 and 202 of the Immigration and 
     Nationality Act shall not apply to the adjustment of aliens 
     to lawful permanent resident status under this section.
       (2) Waiver of certain grounds of inadmissibility.--In the 
     determination of an alien's admissibility under subsection 
     (a)(1)(D), the following provisions of section 212(a) of the 
     Immigration and Nationality Act shall not apply:
       (A) Grounds of exclusion not applicable.--The provisions of 
     paragraphs (5) and (7)(A) of section 212(a) shall not apply.
       (B) Waiver of other grounds.--
       (i) In general.--Except as provided in clause (ii), the 
     Attorney General may waive any other provision of section 
     212(a) in the case of individual aliens for humanitarian 
     purposes, to assure family unity, or when it is otherwise in 
     the public interest.
       (ii) Grounds that may not be waived.--The following 
     provisions of section 212(a) may not be waived by the 
     Attorney General under clause (i):

       (I) Paragraph (2) (A) and (B) (relating to criminals).
       (II) Paragraph (4) (relating to aliens likely to become 
     public charges).
       (III) Paragraph (2)(C) (relating to drug offenses), except 
     for so much of such paragraph as relates to a single offense 
     of simple possession of 30 grams or less of marijuana.
       (IV) Paragraph (3) (relating to security and related 
     grounds), other than subparagraph (E) thereof.

       (C) Special rule for determination of public charge.--An 
     alien is not ineligible for adjustment of status under this 
     section due to being inadmissible under section 212(a)(4) if 
     the alien demonstrates a history of employment in the United 
     States evidencing self-support without reliance on public 
     cash assistance.
       (e) Temporary Stay of Removal and Work Authorization for 
     Certain Applicants.--
       (1) Before application period.--The Attorney General shall 
     provide that in the case of an alien who is apprehended 
     before the beginning of the application period described in 
     subsection (a)(1) and who can establish a nonfrivolous case 
     of eligibility to have his status adjusted under subsection 
     (a) (but for the fact that he may not apply for such 
     adjustment until the beginning of such period), until the 
     alien has had the opportunity during the first 30 days of the 
     application period to complete the filing of an application 
     for adjustment, the alien--
       (A) may not be removed, and
       (B) shall be granted authorization to engage in 
     agricultural employment in the United States and be provided 
     an ``employment authorized'' endorsement or other appropriate 
     work permit for such purpose.
       (2) During application period.--The Attorney General shall 
     provide that in the case of an alien who presents a 
     nonfrivolous application for adjustment of status under 
     subsection (a) during the application period, including an 
     alien who files such an application within 30 days of the 
     alien's apprehension, and until a final determination on the 
     application has been made in accordance with this section, 
     the alien--
       (A) may not be removed, and
       (B) shall be granted authorization to engage in 
     agricultural employment in the United States and be provided 
     an ``employment authorized'' endorsement or other appropriate 
     work permit for such purpose.
       (3) Prohibition.--No application fees collected by the 
     Service pursuant to this subsection may be used by the 
     Service to offset the costs of the agricultural worker 
     adjustment program under this title until the Service 
     implements the program consistent with the statutory mandate 
     as follows:
       (A) During the application period described in subsection 
     (a)(1)(A) the Service may grant nonimmigrant admission to the 
     United States, work authorization, and provide an 
     ``employment authorized'' endorsement or other appropriate 
     work permit to any alien who presents a preliminary 
     application for adjustment of status under subsection (a) at

[[Page S13279]]

     a designated port of entry on the southern land border. An 
     alien who does not enter through a port of entry is subject 
     to deportation and removal as otherwise provided in this Act.
       (B) During the application period described in subsection 
     (a)(1)(A) any alien who has filed an application for 
     adjustment of status within the United States as provided in 
     subsection (b)(1)(A) is subject to paragraph (2) of this 
     subsection.
       (C) A preliminary application is defined as a fully 
     completed and signed application with fee and photographs 
     which contains specific information concerning the 
     performance of qualifying employment in the United States and 
     the documentary evidence which the applicant intends to 
     submit as proof of such employment. The applicant must be 
     otherwise admissible to the United States and must establish 
     to the satisfaction of the examining officer during an 
     interview that his or her claim to eligibility for 
     agriculture worker status is credible.
       (f) Administrative and Judicial Review.--
       (1) Administrative and judicial review.--There shall be no 
     administrative or judicial review of a determination 
     respecting an application for adjustment of status under this 
     section except in accordance with this subsection.
       (2) Administrative review.--
       (A) Single level of administrative appellate review.--The 
     Attorney General shall establish an appellate authority to 
     provide for a single level of administrative appellate review 
     of such a determination.
       (B) Standard for review.--Such administrative appellate 
     review shall be based solely upon the administrative record 
     established at the time of the determination on the 
     application and upon such additional or newly discovered 
     evidence as may not have been available at the time of the 
     determination.
       (3) Judicial review.--
       (A) Limitation to review of exclusion or deportation.--
     There shall be judicial review of such a denial only in the 
     judicial review of an order of removal under section 106.
       (B) Standard for judicial review.--Such judicial review 
     shall be based solely upon the administrative record 
     established at the time of the review by the appellate 
     authority and the findings of fact and determinations 
     contained in such record shall be conclusive unless the 
     applicant can establish abuse of discretion or that the 
     findings are directly contrary to clear and convincing facts 
     contained in the record considered as a whole.
       (g) Dissemination of Information on Adjustment Program.--
     Beginning not later than the date designated by the Attorney 
     General under subsection (a)(1)(A), the Attorney General, in 
     cooperation with qualified designated entities, shall broadly 
     disseminate information respecting the benefits which aliens 
     may receive under this section and the requirements to obtain 
     such benefits.

                TITLE II--AGRICULTURAL WORKER REGISTRIES

     SEC. 201. AGRICULTURAL WORKER REGISTRIES.

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

                         TITLE III--H-2A REFORM

     SEC. 301. EMPLOYER APPLICATIONS AND ASSURANCES.

       (a) Applications to the Secretary.--
       (1) In general.--Not later than 28 days prior to the date 
     on which an H-2A employer desires to employ an H-2A worker in 
     a temporary or seasonal agricultural job opportunity, the 
     employer shall, before petitioning for the admission of such 
     a worker, apply to the Secretary for the referral of a United 
     States worker or nonimmigrant agricultural worker whose 
     status was adjusted under section 101(a) through a search of 
     the appropriate registry, in accordance with section 302. 
     Such application shall--
       (A) describe the nature and location of the work to be 
     performed;
       (B) list the anticipated period (expected beginning and 
     ending dates) for which workers will be needed;

[[Page S13280]]

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

     SEC. 302. SEARCH OF REGISTRY.

       (a) Search Process and Referral to the Employer.--Upon the 
     approval of an application under section 301(e), the 
     Secretary shall promptly begin a search of the registry of 
     the State (or States) in which the work is to be performed to 
     identify registered United States workers and adjusted aliens 
     with the qualifications requested by the employer.

[[Page S13281]]

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

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

       (a) In General.--
       (1) Number of admissions.--Subject to paragraph (3), the 
     Secretary of State shall promptly issue visas to, and the 
     Attorney General shall admit, as nonimmigrant aliens 
     described in section 101(a)(15)(H)(ii)(a) of the Immigration 
     and Nationality Act a sufficient number of eligible aliens 
     designated by the employer to fill the job opportunities of 
     the employer--
       (A) upon receipt of a copy of the report described in 
     section 302(c);
       (B) upon approval of an application (or copy of an 
     application under subsection (b));
       (C) upon receipt of the report required by subsection 
     (c)(1)(B); or
       (D) upon receipt of a report under subsection (d).
       (2) Procedures.--The admission of aliens under paragraph 
     (1) shall be subject to the procedures of section 218 of the 
     Immigration and Nationality Act, as amended by this Act.
       (b) Direct Application Upon Failure To Act.--
       (1) Application to the secretary of state.--If the employer 
     has not received a referral of sufficient workers pursuant to 
     section 302(b) or a report of insufficient workers pursuant 
     to section 302(c), by the date that is 7 days before the date 
     on which the work is anticipated to begin, the employer may 
     submit an application for alien workers directly to the 
     Secretary of State, with a copy of the application provided 
     to the Attorney General, seeking the issuance of visas to and 
     the admission of aliens for employment in the job 
     opportunities for which the employer has not received 
     referral of registered workers. Such an application shall 
     include a copy of the employer's application under section 
     301(a), together with evidence of its timely submission. The 
     Secretary of State may consult with the Secretary of Labor in 
     carrying out this paragraph.
       (2) Expedited consideration by secretary of state.--The 
     Secretary of State shall, as expeditiously as possible, but 
     not later than 5 days after the employer files an application 
     under paragraph (1), issue visas to, and the Attorney General 
     shall admit, a sufficient number of eligible aliens 
     designated by the employer to fill the job opportunities for 
     which the employer has applied under that paragraph, if the 
     employer has met the requirements of sections 301 and 302. 
     The employer shall be subject to the alien employment user 
     fee determined under section 404(b)(1)(B) with respect to 
     each job opportunity for which the Secretary of State 
     authorizes the issuance of a visa pursuant to paragraph (2).
       (c) Redetermination of Need.--
       (1) Requests for redetermination.--
       (A) In general.--An employer may file a request for a 
     redetermination by the Secretary of the employer's need for 
     workers if--
       (i) a worker referred from the registry is not at the place 
     of employment on the date of need shown on the application, 
     or the date the work for which the worker is needed has 
     begun, whichever is later;
       (ii) the worker is not ready, willing, able, or qualified 
     to perform the work required; or
       (iii) the worker abandons the employment or is terminated 
     for a lawful job-related reason.
       (B) Additional authorization of admissions.--The Secretary 
     shall expeditiously, but in no case later than 72 hours after 
     a redetermination is requested under subparagraph (A), submit 
     a report to the Secretary of State and the Attorney General 
     providing notice of a need for workers under this subsection, 
     if the employer has met the requirements of sections 301 and 
     302 and the conditions described in subparagraph (A).
       (2) Job-related requirements.--An employer shall not be 
     required to initially employ a worker who fails to meet 
     lawful job-related employment criteria, nor to continue the 
     employment of a worker who fails to meet lawful, job-related 
     standards of conduct and performance, including failure to 
     meet minimum production standards after a 3-day break-in 
     period.
       (d) Emergency Applications.--Notwithstanding subsections 
     (b) and (c), the Secretary may promptly transmit a report to 
     the Attorney General and Secretary of State providing notice 
     of a need for workers under this subsection for an employer--
       (1) who has not employed aliens under this Act in the 
     occupation in question in the prior year's agricultural 
     season;
       (2) who faces an unforeseen need for workers (as determined 
     by the Secretary); and
       (3) with respect to whom the Secretary cannot refer able, 
     willing, and qualified workers from the registry who will 
     commit to be at the employer's place of employment and ready 
     for work within 72 hours or on the date the work for which 
     the worker is needed has begun, whichever is later.
     The employer shall be subject to the alien employment user 
     fee determined under section 404(b)(1)(B) with respect to 
     each job opportunity for which a notice of insufficient 
     workers is made pursuant to this subsection.
       (e) Regulations.--The Secretary of State shall prescribe 
     regulations to provide for the designation of aliens under 
     this section.

     SEC. 304. EMPLOYMENT REQUIREMENTS.

       (a) Required Wages.--
       (1) In general.--An employer applying under section 301(a) 
     for workers shall offer to pay, and shall pay, all workers in 
     the occupation or occupations for which the employer has 
     applied for workers from the registry, not less (and is not 
     required to pay more) than the greater of the prevailing wage 
     in the occupation in the area of intended employment or the 
     adverse effect wage rate. No worker shall be paid less than 
     the greater of the hourly wage prescribed under section 
     6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
     206(a)(1)), or the applicable State minimum wage.
       (2) Payment of prevailing wage determined by a state 
     employment security agency sufficient.--In complying with 
     paragraph (1), an employer may request and obtain a 
     prevailing wage determination from the State employment 
     security agency. If the employer requests such a 
     determination, and pays the wage required by paragraph (1) 
     based upon such a determination, such payment shall be 
     considered sufficient to meet the requirement of paragraph 
     (1).
       (3) Reliance on wage survey.--In lieu of the procedure of 
     paragraph (2), an employer may rely on other information, 
     such as an employer-generated prevailing wage survey that the 
     Secretary determines meets criteria specified by the 
     Secretary in regulations.
       (4) Alternative methods of payment permitted.--
       (A) In general.--A prevailing wage may be expressed as an 
     hourly wage, a piece rate, a task rate, or other incentive 
     payment method, including a group rate. The requirement to 
     pay at least the prevailing wage in the occupation and area 
     of intended employment does not require an employer to pay by 
     the method of pay in which the prevailing rate is expressed, 
     except that, if the employer adopts a method of pay other 
     than the prevailing rate, the burden of proof is on the 
     employer to demonstrate that the employer's method of pay is 
     designed to produce earnings equivalent to the earnings that 
     would result from payment of the prevailing rate.
       (B) Compliance when paying an incentive rate.--In the case 
     of an employer that pays a piece rate or task rate or uses 
     any other incentive payment method, including a group rate, 
     the employer shall be considered to be in compliance with any 
     applicable hourly wage requirement if the average of the 
     hourly earnings of the workers, taken as a group, in the 
     activity for which a piece rate, task rate, or other 
     incentive payment, including a group rate, is paid, for the 
     pay period, is at least equal to the required hourly wage, 
     except that no worker shall be paid less than the hourly wage 
     prescribed under section 6(a)(1) of the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable State 
     minimum wage.
       (C) Task rate.--For purposes of this paragraph, the term 
     ``task rate'' means an incentive payment method based on a 
     unit of work performed such that the incentive rate varies 
     with the level of effort required to perform individual units 
     of work.

[[Page S13282]]

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

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

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


                 ``ADMISSION OF TEMPORARY H-2A WORKERS

       ``Sec. 218. (a) Procedure for Admission or Extension of 
     Aliens.--
       ``(1) Aliens who are outside the united states.--
       ``(A) Criteria for admissibility.--
       ``(i) In general.--An alien described in section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
     shall be admissible under this section if the alien is 
     designated pursuant to section 302 of the Agricultural Job 
     Opportunity Benefits and Security Act of 1999, otherwise 
     admissible under this Act, and the alien is not ineligible 
     under clause (ii).
       ``(ii) Disqualification.--An alien shall be ineligible for 
     admission to the United States or being provided status under 
     this section if the alien has, at any time during the past 5 
     years--

       ``(I) violated a material provision of this section, 
     including the requirement to promptly depart the United 
     States when the

[[Page S13283]]

     alien's authorized period of admission under this section has 
     expired; or
       ``(II) otherwise violated a term or condition of admission 
     to the United States as a nonimmigrant, including overstaying 
     the period of authorized admission as such a nonimmigrant.

       ``(iii) Initial waiver of ineligibility for unlawful 
     presence.--

       ``(I) In general.--An alien who has not previously been 
     admitted to the United States pursuant to this section, and 
     who is otherwise eligible for admission in accordance with 
     clauses (i) and (ii), shall not be deemed inadmissible by 
     virtue of section 212(a)(9)(B). Such an alien shall depart 
     the United States to be eligible for admission under this 
     section.
       ``(II) Termination.--Subclause (I) shall terminate on the 
     date that is 4 years after the date of the enactment of the 
     Agricultural Job Opportunity Benefits and Security Act of 
     1999.

       ``(B) Period of admission.--The alien shall be admitted for 
     the period requested by the employer not to exceed 10 months, 
     or the ending date of the anticipated period of employment on 
     the employer's application for registered workers, whichever 
     is less, plus an additional period of 14 days, during which 
     the alien shall seek authorized employment in the United 
     States. During the 14-day period following the expiration of 
     the alien's work authorization, the alien is not authorized 
     to be employed unless an employer who is authorized to employ 
     such worker has filed an extension of stay on behalf of the 
     alien pursuant to paragraph (2).
       ``(C) Abandonment of employment.--
       ``(i) In general.--An alien admitted or provided status 
     under this section who abandons the employment which was the 
     basis for such admission or status shall be considered to 
     have failed to maintain nonimmigrant status as an alien 
     described in section 101(a)(15)(H)(ii)(a) and shall depart 
     the United States or be subject to removal under section 
     237(a)(1)(C)(i).
       ``(ii) Report by employer.--The employer (or association 
     acting as agent for the employer) shall notify the Attorney 
     General within 7 days of an alien admitted or provided status 
     under this Act pursuant to an application to the Secretary of 
     Labor under section 302 of the Agricultural Job Opportunity 
     Benefits and Security Act of 1999 by the employer who 
     prematurely abandons the alien's employment.
       ``(iii) Removal by the attorney general.--The Attorney 
     General shall promptly remove from the United States aliens 
     admitted pursuant to section 101(a)(15)(H)(ii)(a) who have 
     failed to maintain nonimmigrant status or who have otherwise 
     violated the terms of a visa issued under this title.
       ``(iv) Voluntary termination.--Notwithstanding the 
     provisions of clause (i), an alien may voluntarily terminate 
     his or her employment if the alien promptly departs the 
     United States upon termination of such employment.
       ``(D) Identification document and identification system.--
       ``(i) In general.--Each alien admitted under this section 
     shall, upon receipt of a visa, be given an identification and 
     employment eligibility document to verify eligibility for 
     employment in the United States and verify such person's 
     proper identity.
       ``(ii) Requirements.--No identification and employment 
     eligibility document may be issued and no identification 
     system may be implemented which does not meet the following 
     requirements:

       ``(I) The document and system shall be capable of reliably 
     determining whether--

       ``(aa) the individual with the identification and 
     employment eligibility document whose eligibility is being 
     verified is in fact eligible for employment,
       ``(bb) the individual whose eligibility is being verified 
     is claiming the identity of another person, and
       ``(cc) the individual whose eligibility is being verified 
     has been properly admitted under this section.

       ``(II) The document shall be in the form that is resistant 
     to counterfeiting and to tampering.
       ``(III) The document and system shall--

       ``(aa) be compatible with other Immigration and 
     Naturalization Service databases and other Federal government 
     databases for the purpose of excluding aliens from benefits 
     for which they are not eligible and to determine whether the 
     alien is illegally present in the United States, and
       ``(bb) be compatible with law enforcement databases to 
     determine if the alien has been convicted of criminal 
     offenses.
       ``(2) Extension of stay of aliens in the united states.--
       ``(A) Extension of stay.--If an employer with respect to 
     whom a report or application described in section 302(a)(1) 
     of the Agricultural Job Opportunity Benefits and Security Act 
     of 1999 has been submitted seeks to employ an alien who has 
     acquired status under this section and who is lawfully 
     present in the United States, the employer shall file with 
     the Attorney General an application for an extension of the 
     alien's stay or a change in the alien's authorized 
     employment. The application shall be accompanied by a copy of 
     the appropriate report or application described in section 
     302 of the Agricultural Job Opportunity Benefits and Security 
     Act of 1999.
       ``(B) Limitation on filing an application for extension of 
     stay.--An application may not be filed for an extension of an 
     alien's stay for a period of more than 10 months, or later 
     than a date which is 3 years from the date of the alien's 
     last admission to the United States under this section, 
     whichever occurs first.
       ``(C) Work authorization upon filing an application for 
     extension of stay.--An employer may begin employing an alien 
     who is present in the United States who has acquired status 
     under this Act on the day the employer files an application 
     for extension of stay. For the purpose of this requirement, 
     the term `filing' means sending the application by certified 
     mail via the United States Postal Service, return receipt 
     requested, or delivered by guaranteed commercial delivery 
     which will provide the employer with a documented 
     acknowledgment of the date of sending and receipt of the 
     application. The employer shall provide a copy of the 
     employer's application to the alien, who shall keep the 
     application with the alien's identification and employment 
     eligibility document as evidence that the application has 
     been filed and that the alien is authorized to work in the 
     United States. Upon approval of an application for an 
     extension of stay or change in the alien's authorized 
     employment, the Attorney General shall provide a new or 
     updated employment eligibility document to the alien 
     indicating the new validity date, after which the alien is 
     not required to retain a copy of the application.
       ``(D) Limitation on employment authorization of aliens 
     without valid identification and employment eligibility 
     card.--An expired identification and employment eligibility 
     document, together with a copy of an application for 
     extension of stay or change in the alien's authorized 
     employment that complies with the requirements of 
     subparagraph (A), shall constitute a valid work authorization 
     document for a period of not more than 60 days from the date 
     of application for the extension of stay, after which time 
     only a currently valid identification and employment 
     eligibility document shall be acceptable.
       ``(E) Limitation on an individual's stay in status.--An 
     alien having status under this section may not have the 
     status extended for a continuous period longer than 3 years 
     unless the alien remains outside the United States for an 
     uninterrupted period of 6 months. An absence from the United 
     States may break the continuity of the period for which a 
     nonimmigrant visa issued under section 101(a)(15)(H)(ii)(a) 
     is valid. If the alien has resided in the United States 10 
     months or less, an absence breaks the continuity of the 
     period if it lasts for at least 2 months. If the alien has 
     resided in the United States 10 months or more, an absence 
     breaks the continuity of the period if it lasts for at least 
     one-fifth the duration of the stay.
       ``(b) Study by the Attorney General.--The Attorney General 
     shall conduct a study to determine whether aliens under this 
     section depart the United States in a timely manner upon the 
     expiration of their period of authorized stay. If the 
     Attorney General finds that a significant number of aliens do 
     not so depart and that withholding a portion of the aliens' 
     wages to be refunded upon timely departure is necessary as an 
     inducement to assure such departure, then the Attorney 
     General shall so report to Congress and make recommendations 
     on appropriate courses of action.''.
       (b) No Family Members Permitted.--Section 101(a)(15)(H) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) 
     is amended by striking ``specified in this paragraph'' and 
     inserting ``specified in this subparagraph (other than in 
     clause (ii)(a))''.
       (c) Range Production of Livestock.--Nothing in this title 
     shall preclude the Secretary of Labor and the Attorney 
     General from continuing to apply special procedures to the 
     employment, admission, and extension of aliens in the range 
     production of livestock.

                   TITLE IV--MISCELLANEOUS PROVISIONS

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

       (a) Enforcement Authority.--
       (1) Investigation of complaints.--
       (A) Aggrieved person or third party complaints.--The 
     Secretary shall establish a process for the receipt, 
     investigation, and disposition of complaints respecting an 
     employer's failure to meet a condition specified in section 
     301 or an employer's misrepresentation of material facts in 
     an application under that section, or violation of the 
     provisions described in subparagraph (B). Complaints may be 
     filed by any aggrieved person or any organization (including 
     bargaining representatives). No investigation or hearing 
     shall be conducted on a complaint concerning such a failure 
     or misrepresentation unless the complaint was filed not later 
     than 12 months after the date of the failure or 
     misrepresentation, as the case may be. The Secretary shall 
     conduct an investigation under this paragraph if there is 
     reasonable cause to believe that such a failure or 
     misrepresentation has occurred.
       (B) Expedited investigation of serious child labor, wage, 
     and housing violations.--The Secretary shall complete an 
     investigation and issue a written determination as to whether 
     or not a violation has been committed within 10 days of the 
     receipt of a complaint pursuant to subparagraph (A) if there 
     is reasonable cause to believe that any of the following 
     serious violations have occurred:
       (i) A violation of section 12(c) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 212(c)).
       (ii) A failure to make a wage payment, except that 
     complaints alleging that an

[[Page S13284]]

     amount less than the wages due has been paid shall be handled 
     pursuant to subparagraph (A).
       (iii) A failure to provide the housing allowance required 
     under section 304(b)(6).
       (iv) Providing housing pursuant to section 304(b)(1) that 
     fails to comply with standards under section 304(b)(2) and 
     which poses an immediate threat of serious bodily injury or 
     death to workers.
       (C) Statutory construction.--Nothing in this Act limits the 
     authority of the Secretary of Labor to conduct any compliance 
     investigation under any other labor law, including any law 
     affecting migrant and seasonal agricultural workers or, in 
     the absence of a complaint under this paragraph, under this 
     Act.
       (2) Written notice of finding and opportunity for appeal.--
     After an investigation has been conducted, the Secretary 
     shall issue a written determination as to whether or not any 
     violation described in subsection (b) has been committed. The 
     Secretary's determination shall be served on the complainant 
     and the employer, and shall provide an opportunity for an 
     appeal of the Secretary's decision to an administrative law 
     judge, who may conduct a de novo hearing.
       (3) Ability of alien workers to change employers.--
       (A) In general.--Pending the completion of an investigation 
     pursuant to paragraph (1)(A), the Secretary may permit the 
     transfer of an aggrieved person who has filed a complaint 
     under such paragraph to an employer that--
       (i) has been approved to employ workers under this Act; and
       (ii) agrees to accept the person for employment.
       (B) Replacement worker.--An aggrieved person may not be 
     transferred under subparagraph (A) until such time as the 
     employer from whom the person is to be transferred receives a 
     requested replacement worker referred by a registry pursuant 
     to section 302 of this Act or provided status under section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act.
       (C) Limitation.--An employer from whom an aggrieved person 
     has been transferred under this paragraph shall have no 
     obligation to reimburse the person for the cost of 
     transportation prior to the completion of the period of 
     employment referred to in section 304(c).
       (D) Voluntary transfer.--Notwithstanding this paragraph, an 
     employer may voluntarily agree to transfer a worker to 
     another employer that--
       (i) has been approved to employ workers under this Act; and
       (ii) agrees to accept the person for employment.
       (b) Remedies.--
       (1) Back wages.--Upon a final determination that the 
     employer has failed to pay wages as required under this 
     section, the Secretary may assess payment of back wages due 
     to any United States worker or alien described in section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
     employed by the employer in the specific employment in 
     question. The back wages shall be equal to the difference 
     between the amount that should have been paid and the amount 
     that actually was paid to such worker.
       (2) Failure to pay wages.--Upon a final determination that 
     the employer has failed to pay the wages required under this 
     Act, the Secretary may assess a civil money penalty up to 
     $1,000 for each person for whom the employer failed to pay 
     the required wage, and may recommend to the Attorney General 
     the disqualification of the employer from the employment of 
     aliens described in section 101(a)(15)(H)(ii)(a) of the 
     Immigration and Nationality Act for a period of time 
     determined by the Secretary not to exceed 1 year.
       (3) Other violations.--If the Secretary, as a result of an 
     investigation pursuant to a complaint, determines that an 
     employer covered by an application under section 401(a) has--
       (A) filed an application that misrepresents a material 
     fact;
       (B) failed to meet a condition specified in section 401; or
       (C) committed a serious violation of subsection (a)(1)(B),
     the Secretary may seek a cease and desist order and assess a 
     civil money penalty not to exceed $1,000 for each violation 
     and may recommend to the Attorney General the 
     disqualification of the employer if the Secretary finds it to 
     be a substantial misrepresentation or violation of the 
     requirements for the employment of any United States workers 
     or aliens described in section 101(a)(15)(ii)(a) of the 
     Immigration and Nationality Act for a period of time 
     determined by the Secretary not to exceed 1 year. In 
     determining the amount of civil money penalty to be assessed 
     or whether to recommend disqualification of the employer, the 
     Secretary shall consider the seriousness of the violation, 
     the good faith of the employer, the size of the business of 
     the employer being charged, the history of previous 
     violations by the employer, whether the employer obtained a 
     financial gain from the violation, whether the violation was 
     willful, and other relevant factors.
       (4) Expanded program disqualification.--
       (A) 3 years for second violation.--Upon a second final 
     determination that an employer has failed to pay the wages 
     required under this Act, or a second final determination that 
     the employer has committed another substantial violation 
     under paragraph (3) in the same category of violations, with 
     respect to the same alien, the Secretary shall report such 
     determination to the Attorney General and the Attorney 
     General shall disqualify the employer from the employment of 
     aliens described in section 101(a)(15)(H)(ii)(a) of the 
     Immigration and Nationality Act for a period of 3 years.
       (B) Permanent for third violation.--Upon a third final 
     determination that an employer has failed to pay the wages 
     required under this section or committed other substantial 
     violations under paragraph (3), the Secretary shall report 
     such determination to the Attorney General, and the Attorney 
     General shall disqualify the employer from any subsequent 
     employment of aliens described in section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act.
       (c) Role of Associations.--
       (1) Violation by a member of an association.--An employer 
     on whose behalf an application is filed by an association 
     acting as its agent is fully responsible for such 
     application, and for complying with the terms and conditions 
     of this Act, as though the employer had filed the application 
     itself. If such an employer is determined to have violated a 
     requirement of this section, the penalty for such violation 
     shall be assessed against the employer who committed the 
     violation and not against the association or other members of 
     the association.
       (2) Violation by an association acting as an employer.--If 
     an association filing an application on its own behalf as an 
     employer is determined to have committed a violation under 
     this subsection which results in disqualification from the 
     program under subsection (b), no individual member of such 
     association may be the beneficiary of the services of an 
     alien described in section 101(a)(15)(H)(ii)(a) of the 
     Immigration and Nationality Act in an occupation in which 
     such alien was employed by the association during the period 
     such disqualification is in effect, unless such member files 
     an application as an individual employer or such application 
     is filed on the employer's behalf by an association with 
     which the employer has an agreement that the employer will 
     comply with the requirements of this Act.
       (d) Study of Agricultural Labor Standards and 
     Enforcement.--
       (1) Commission on housing migrant agricultural workers.--
       (A) Establishment.--There is established the Commission on 
     Housing Migrant Agricultural Workers (in this paragraph 
     referred to as the ``Commission'').
       (B) Composition.--The Commission shall consist of 12 
     members, as follows:
       (i) Four representatives of agricultural employers and one 
     representative of the Department of Agriculture, each 
     appointed by the Secretary of Agriculture.
       (ii) Four representatives of agricultural workers and one 
     representative of the Department of Labor, each appointed by 
     the Secretary of Labor.
       (iii) One State or local official knowledgeable about 
     farmworker housing and one representative of Housing and 
     Urban Development, each appointed by the Secretary of Housing 
     and Urban Development.
       (C) Functions.--The Commission shall conduct a study of the 
     problem of in-season housing for migrant agricultural 
     workers.
       (D) Interim reports.--The Commission may at any time submit 
     interim reports to Congress describing the findings made up 
     to that time with respect to the study conducted under 
     subparagraph (C).
       (E) Final report.--Not later than 3 years after the date of 
     enactment of this Act, the Commission shall submit a report 
     to Congress setting forth the findings of the study conducted 
     under subparagraph (C).
       (F) Termination date.--The Commission shall terminate upon 
     filing its final report.
       (2) Study of relationship between child care and child 
     labor.--The Secretaries of Labor, Agriculture, and Health and 
     Human Services shall jointly conduct a study of the issues 
     relating to child care of migrant agricultural workers. Such 
     study shall address issues related to the adequacy of 
     educational and day care services for migrant children and 
     the relationship, if any, of child care needs and child labor 
     violations in agriculture. An evaluation of migrant and 
     seasonal Head Start programs (as defined in section 637(12) 
     of the Head Start Act) as they relate to these issues shall 
     be included as a part of the study.
       (3) Study of field sanitation.--The Secretary of Labor and 
     the Secretary of Agriculture shall jointly conduct a study 
     regarding current field sanitation standards in agriculture 
     and evaluate alternative approaches and innovations that may 
     further compliance with such standards.
       (4) Study of coordinated and targeted labor standards 
     enforcement.--The Secretary, in consultation with the 
     Secretary of Agriculture, shall conduct a study of the most 
     persistent and serious labor standards violations in 
     agriculture and evaluate the most effective means of 
     coordinating enforcement efforts between Federal and State 
     officials. The study shall place primary emphasis on the 
     means by which Federal and State authorities, in consultation 
     with representatives of workers and agricultural employers, 
     may develop more effective methods of targeting resources at 
     repeated and egregious violators of labor standards. The 
     study also shall consider ways of facilitating expanded 
     education among agricultural employers and workers regarding 
     compliance with labor standards and evaluate means of 
     broadening such education on a cooperative basis among 
     employers and workers.

[[Page S13285]]

       (5) Report.--Not later than 3 years after the date of 
     enactment of this Act, with respect to each study required to 
     be conducted under paragraphs (2) through (4), the Secretary 
     or group of Secretaries required to conduct the study shall 
     submit to Congress a report setting forth the findings of the 
     study.

     SEC. 402. BILATERAL COMMISSIONS.

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

     SEC. 403. REGULATIONS.

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

     SEC. 404. DETERMINATION AND USE OF USER FEES.

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

     SEC. 405. FUNDING FOR STARTUP COSTS.

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

     SEC. 406. REPORT TO CONGRESS.

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

     SEC. 407. EFFECTIVE DATE.

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

  Mr. GRAHAM. Mr. President, I wish to recognize our Presiding Officer 
who is also one of the stalwart advocates of this reform in 
agricultural farm labor, as well as the Senator from Oregon who has 
given such leadership on this issue.
  In my opinion, those voices who you anticipate will decry the 
proposals we are making have to carry the burden of defending the 
status quo. In my opinion, that is an impossible defense. What has the 
status quo led to in this country? It has led to over 600,000 people 
who pick the fruits and vegetables upon which American families depend, 
upon which much of our agricultural economy is relying--600,000-plus of 
those persons ranging between a third and a half of all of the migrant 
workers in the country are illegal. They are here without documents. 
They are here without any legal status. Can we call the current system 
a humane system when it puts 600,000 people in the shadows of our 
society because they are without legal status or legal protection? I 
think not.
  It is also a system which denies benefits, ironically, to U.S. 
citizens and U.S. legal permanent residents who work as migrants in 
American agriculture, which we make available to non-U.S. citizens who 
come here under a temporary work visa that we call a H-2A visa. For 
instance, we provide transportation assistance to foreign visa workers 
that we do not provide to U.S. citizens. We provide housing benefits to 
foreign workers that we do not provide to U.S. citizens. We provide 
even a higher wage rate, a higher base salary to foreign visa workers 
than we do to U.S. citizens who work as migrant workers in American 
agriculture.
  We also have a system which is--to say antiquated is to give it a 
status that is beyond justification. We are using a system that is 
bureaucratic, that does not apply contemporary methods of technology, 
communication, which, while it approves some 90 percent of the 
petitions that are filed to make it possible for those non-U.S.

[[Page S13286]]

visa workers to come into the United States, oftentimes the delay in 
getting that ultimate approval is so extended that by the time the 
approval arrives the crops have already rotted in the field.
  Anyone who wishes to attack our ideas, I think, has the burden of 
either attempting to defend a clearly--not broken but smashed status 
quo, and then to come forward with their own ideas. A few days ago, 
Senator Wyden and the Presiding Officer and myself offered an amendment 
to a Department of Labor appropriations bill in which we directed that 
the administration should come forward with its ideas as to how to 
correct the broken status quo of migrant farm labor in America. We look 
forward to receiving that response. We have been asking for that 
response for the better part of 2 to 3 years.
  I hope now that we are on the verge of introducing legislation, we 
will see an engagement by all the parties who have professed an 
interest in this issue so we can get their ideas. We do not believe, as 
thoughtful as we hope this legislation will be seen, that it came down 
from the mountain on plates of stone. It is the product of our best 
human effort and we invite others who have their ideas to participate 
in this process. But I believe we can all start from the fundamental 
position that the status quo is inhumane, illegal, and unacceptable to 
the United States of America as a great nation entering the 21st 
century.
  The legislation we are introducing--and we are actually introducing 
two pieces of legislation--the first is the Agricultural Job 
Opportunity Benefits and Security Act of 1999, which we intend to 
acronym into AG-JOBS, which is the comprehensive bill which includes 
all the elements the Presiding Officer outlined in his introductory 
remarks. We will then introduce a second bill which will be called the 
Farm Worker Adjustment Act of 1999, which will include only those 
provisions that relate to the adjustment of status by the some 600,000 
undocumented aliens who are currently in the United States.
  We invite our colleagues to consider both of these pieces of 
legislation. We hope they would be inclined to cosponsor both of these 
pieces of legislation.
  What would be the consequence of passage of the legislation that we 
introduce this evening? What would be the consequences, first, for farm 
workers? Farm workers would receive better wages. Instead of having as 
the base the minimum wage, the base, as the Presiding Officer 
indicated, would be the greater of the minimum wage or the adverse wage 
rate plus 5 percent. In my State of Florida, the current calculation of 
the adverse wage rate plus 5 percent would be approximately $7.45, as 
compared to the current minimum wage of $5.15.
  Second, domestic farm workers, U.S. citizens, and permanent 
residents, as well as those who would have the temporary work permits 
under the adjustment of status legislation, would all be entitled to 
housing, either housing onsite or, if it were determined by the 
Governor of the State there was adequate housing in the vicinity of the 
agricultural work site, it could be a housing allowance, a voucher 
which would allow the farm worker to select their own places to live.
  It would also provide for the first time for domestic workers, 
citizens, permanent residents, and temporary work permit holders, 
access to a transportation allowance. If they had to go more than 100 
miles to get from one job to the next, they would be entitled to 
compensation for their transportation. They would also receive the 
benefits of some modern technology. Just as we currently have a worker 
registry system for much of nonagricultural employment in America, this 
would provide a computer registry for agricultural workers where they 
can indicate: I am prepared to work in the following crops. I am 
prepared to work in the following locations and during the following 
time periods of the year. They would be permanently registered, so when 
a farmer was looking for workers who met those criteria, he would find 
this employee's name and a means by which to access that potential 
worker.
  We would increase worker protection. Farm workers would now be 
covered by the Migrant and Seasonal Agricultural Worker Protection Act. 
We would not have this shadow workforce of 600,000 people without legal 
protection.
  There would be stricter penalties for employers who failed to follow 
the law. Employers could be barred from the H-2A program, including a 
permanent bar for violations of the rights of workers.
  The legal status would be available to all of the persons. They would 
either be working as a citizen, a permanent resident, a holder of a 
temporary work permit, or an H-2A visa. But our goal would be to create 
a situation, both legally and economically, in which all of the persons 
picking the fruits and vegetables in America's fields would be legal.
  How would the farmers benefit? The farmers would have access to this 
efficient, modern, streamlined register as a means of determining who 
is available to do the work that I need.
  They would have assurance that all of their workers were legal. We 
have had situations in the last few months in which there were raids on 
fields--Vidalia onion fields in Georgia, fruit fields in the Pacific 
Northwest where persons who could not show they had documents--and many 
could not--were arrested, where the farmer was put into a situation 
that his livelihood, his crop for the year was about to be lost because 
he would not have the people necessary to harvest the food.
  We would also provide to the farmer the assurance that there would be 
a streamlined means by which, if necessary, they could access non-U.S. 
workers to assure they had a full complement of workers to carry out 
the task.
  Mr. President, you have stated with force and eloquence the rationale 
for this legislation and what we hope to accomplish. I hope in the vein 
within which you entered this to ask our colleagues to carefully 
consider this legislation, particularly in the context of the 
unacceptable status quo. We look forward to engaging with their ideas 
and the ideas of others who have an interest in this issue so that this 
session of Congress will have as one of its achievements the closure of 
a chapter of inhumane abuse of hundreds of thousands of people and a 
denial to American agriculture of what it wants--a legal, humanely 
treated agricultural workforce to pick the fruits and vegetables upon 
which our Nation depends.
  I join with you and our colleagues as we start this effort this 
evening and will shortly be sending to the desk the legislation on the 
adjustment of status of agricultural workers.
  I thank the Chair.
  The PRESIDING OFFICER. The Senator from Idaho.
  Mr. CRAIG. Mr. President, I have had the privilege of listening 
tonight to both you and the Senator from Florida discuss the 
introduction of what we call ag jobs. I must tell you that I am pleased 
to join with you as a shaper and an original cosponsor of this 
legislation because both you and Senator Graham have so clearly 
outlined a fundamental human problem in our country that the Department 
of Labor refuses to look at with any creative form of resolution and 
for which America's agricultural base pleads for a resolution.
  In the mid-1960s, I had the great privilege of serving as a national 
officer of the Future Farmers of America. During that year, I traveled 
the length and the breadth of America in behalf of American 
agriculture. From the beautiful green pea fields of eastern Oregon to 
the San Joaquin Valley of California where cotton was in abundance to 
the orange groves of Florida just at the time they were blooming, the 
one thing that was constantly present was a migrant farm labor force, 
working with those in production agriculture to pollinate, to weed, to 
thin, and, most important, to harvest the abundance of American 
agriculture.
  During that year when I was traveling, I often gave speeches that 
said the American farmer produces enough for himself or herself and 55 
other Americans. We, as Americans, were tremendously proud of that 
statistic.
  Today, if I were making the same trip, I would say that the American 
farmer produces enough for himself or herself and 155 Americans and 
another 100 foreign mouths. Oh, we are so tremendously proud of 
America's productive capability. One of the reasons we are proud is not 
only are we unique in what we do, but we are tremendously efficient in 
how we do it.
  We have always been labor intensive. It is the character of the 
industry, and

[[Page S13287]]

we have chosen that labor from where it was available. We have paid 
them good wages, but we must have them and we need them for the 
American consumer, for the abundance of the market shelf, and for the 
productivity of production agriculture. It is all a part of a total 
picture.
  Starting several decades ago, we began to run into problems. We did 
not have a Department of Labor that would work collectively and 
productively with American agriculture to deal with a very significant 
part of the equation that I have just outlined, and that was the labor 
side. We have a H-2A program, and Senator Graham has already outlined 
it. We recognize about 34,000 people are registered in that program on 
an annual basis and those are the ``foreign guest workers.'' Yet we 
have nearly 600,000 foreign illegal aliens in the agricultural job 
market.
  What is wrong here? What is wrong is a phenomenally complicated 
process and, Mr. President, you held the book up tonight--thousands of 
pages of procedure, controls, regulations, and phenomenal forms for 
oftentimes illiterate people to fill out to identify with the job 
market that is clearly in this country. They fall victim to a term we 
call ``the coyote,'' that exploiter of human beings, the one who takes 
the opportunity to say: Ah, but for $1,000, I can get you across the 
border and into the farm fields of eastern Oregon or southwestern 
Idaho; pay me the money and I will find you the job.
  Weeks later, they are oftentimes rounded up by the Immigration 
Service and whisked back across the border, and they are treated as 
less than human. Oftentimes, they are crammed into vehicles like 
sardines in a can. We hear the story almost every year about the 
vehicle that overturns and splits and spills open, and oftentimes these 
innocent people are killed.
  That is one side of the story we are trying to solve, and I say to 
the Department of Labor: Why can't you work with us to solve this 
problem? Why can't we develop a national registry of domestic workers 
and from that point move to a system that allows workers into our 
country as foreign guest workers under an H-2A program and a system 
that recognizes those who are already here, 600,000-plus?
  That is what we offer tonight in ag jobs. We think it is tremendously 
straightforward and it is honest. Yes, there will be opposition, to 
which the Senator from Oregon who is presiding at this moment, has 
spoken. I say to those who oppose, they oppose for all of the wrong 
reasons. They ought to sit down with us to see where we can work out 
our differences.
  I have spoken to the human side of the equation, but I talk tonight 
about the whole picture of agriculture. There is the other side. There 
is the agricultural producer who should be allowed to have access to a 
stable, reliable, and available workforce.
  The Department of Labor says today: If you need a job, advertise for 
it. So the onion farmer in southwestern Idaho advertises in Wisconsin, 
or New York, or Florida that he has a 2- or 3-week field job? I doubt 
it. It does not happen; it will not happen. But that is basically what 
the law of the day requires, and that is why there are 600,000-plus 
illegal aliens in our country because the current law isn't working, it 
is denying the farmer his or her reliable workforce, and it is 
literally opening the doors of our borders and saying: Come in, 
illegals. The jobs are here for you.

  As a sovereign nation, that is something we should not tolerate; and 
that is our inability and our unwillingness to control a border 
environment. And we do that if we have a reasonable and easily 
accessible system so foreign guest workers can find their way into it 
and find the jobs they seek. That is what our bill offers to that 
workforce.
  The Bureau of Labor Statistics has just come out with an interesting 
figure that says, in the next 15 years, at today's current economic 
growth rates, there will be a deficit of at least 20 percent in our 
workforce. If we take all of the humans in America, all of the willing 
and available workers, all of those capable of working, and find them 
jobs, in this economy, there will still be a deficit of 20 percent.
  What does that say? That if we are to maintain our productivity and 
our growth rates in this country, and our economic level of 
opportunity, that we have to find a legal, responsible, and easily 
accessible way of allowing foreign guest workers into our country to 
work at the jobs that will be there; and then for them to be able to 
return to their homes, having had a positive experience in this country 
and having allowed our country to grow and to prosper, as it should. 
That is what our legislation is about, only it is for agriculture 
specifically.
  So we hope our colleagues will look at this legislation and join with 
us in it. As we move into next year's session, we will, obviously, be 
holding the necessary and appropriate hearings on it to address what is 
a very real problem in my State, in Oregon, in Florida, in every other 
agricultural State in the Nation, and that includes nearly all of the 
lower 48, and certainly even the State of Hawaii.
  So I hope that is the story that comes from the introduction of our 
legislation tonight. It is one that I think is critically important for 
us.

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