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Workers shall be recruited or transported from foreign countries pursuant to this section only to the extent the Secretary determines necessary to supplement inadequate supplies of farm workers for the continental United States, Puerto Rico, and Hawaii, and then only for temporary employment, subject to the immigration laws, from countries within the Western Hemisphere, and pursuant to formal agreements between the United States and such countries.

(b) Workers shall not be transported, or encouraged to migrate, into any area pursuant to this section unless the National Farm Labor Board shall have determined that such workers are needed in such area. As used in this section the term "farm labor" shall not include labor for packing, canning, freezing, drying, or other operations of a type generally performed other than in the operation of farms. The provisions of this Act shall not be construed to limit or interfere with any of the functions of the United States Employment Service or State public employment services with respect to maintaining a farm-placement service as authorized under the Act of June 6, 1933 (48 Stat. 113).

(c) Notwithstanding any provisions of law conferring similar benefits upon them American Indians, who are farm workers, shall be entitled to the protection and benefits of this Act to the same extent and effect as other farm workers.

(d) Section 3709 of the Revised Statutes (41 U. S. C. 5) shall not be applicable to purchases, sales, or contracts made under the authority of subsection (a) of this section.

SEC. 4. The Secretary shall authorize placement of workers recruited or transported under this Act, whether United States citizens or aliens, only after the employer agrees with respect to such workers (1) to pay not less than prevailing wage rates set for the crop and area by the National Farm Labor Board pursuant to section 7; (2) to pay such workers their wages in legal tender at the end of each week, or at the end of a customary payroll period not exceeding a semimonthly interval; (3) to provide employment for each such worker for not less than 75 per centum of workdays (as defined by the Secretary and the employer in conformity with industry practices) falling between the beginning and end of each such worker's employment by such employer; (4) to cause any housing, subsistence, transportation, or other goods or services furnished such workers by the employer to conform to such standards as the Secretary may establish; and (5) to comply with all applicable Federal, State, and local laws relating to employment, to elect to cover such workers by State or local workmen's compensation laws if such laws permit such election, to obtain insurance to protect such workers in case of occupational accidents or diseases if coverage by compensation laws cannot be obtained, and to pay all expenses for hospital, medicines, and medical attention necessitated by occupational accidents and diseases. Insurance required pursuant to this section shall provide benefits no less favorable than those set out in the following schedule:

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SEC. 5. The Secretary shall take such action as may be necessary to insure himself that employers perform agreements entered into by them under section 4 of this Act; that workers receive the wages due them without any unwarranted deduction therefrom, or restriction upon the expenditure thereof; and that any housing, subsistence, transportation, or other goods or services furnished by employers shall conform to the standards established by the Secretary.

SEC. 6. (a) For the purpose of this Act the Secretary is authorized (1) to utilize the facilities, services, and personnel of units and agencies within the Department of Labor; to enter into agreements with other public or private agencies or individuals; to utilize (pursuant to such agreements) the facilities and services of such agencies and individuals and to delegate to them functions under this Act; and to allocate or transfer funds to, or otherwise to pay or reimburse such units, agencies,

and individuals for expenses in connection therewith; and (2) to accept and utilize voluntary and uncompensated services.

(b) The former Civilian Conservation Corps camps and the facilities utilized by the Department of Agriculture in carrying out the purposes of the Farm Labor Supply Appropriation Act, 1944, shall be transferred without charge to the Secretary, to the extent that he deems necessary to carry out the purposes of this Act: Provided, That no such camp which is being utilized by any other agency of the Government, or which has been transferred to any State, county, municipality, or nonprofit organization, shall be transferred to the Secretary under this section without the consent of such agency, State, county, municipality, or organization. (c) Notwithstanding section 3 of the Act of June 29, 1936 (U. S. C., title 40, sec. 443), receipt derived for the account of the United States for the use and Occupancy of agricultural labor supply centers, including camps and facilities heretofore used by or under the control of the Farmers Home Administration, shall be deposited in the Treasury as miscellaneous receipts: Provided, That all receipts derived from the furnishing of subsistence to workers shall be credited to funds appropriated for the purposes of this Act and be available for expenditure by the Secretary for the replenishment of subsistence supplies and for expenses incident to the furnishing of such subsistence.

SEC. 7. A National Farm Labor Board, consisting of three representatives of agricultural employers, three representatives of agricultural workers, and three representatives of the general public, shall be appointed by and serve at the pleasure of the Secretary. Such Board shall, after public hearings in particular areas with respect to particular crops, determine the need for agricultural workers in such areas for the production of such crops, and the prevailing hourly, daily, piecework, and other wage rates and other conditions of employment applicable to such crops in such areas. The Board may delegate any of its functions to any of the employees of the Department of Labor. Members of the Board shall be compensated in accordance with the Classification Act of 1949.

SEC. 8. An advisory committee shall be established, composed of representatives of the Interstate Commerce Commission, the Department of Agriculture, the Federal Security Administration, Department of the Interior, Selective Service, and of such other departments, agencies, and organizations and such individuals as the Secretary may deem advisable. The committee shall advise the Secretary, upon his request, on housing, health, education, and vocational training, subsistence; and transportation standards and problems, and such other matters in connection with the program as the Secretary may see fit. The members of the committee shall receive no compensation for their services as committee members. SEC. 9. Section 2 (3) of the National Labor Relations-Management Act of 1947 is amended by striking out the following: "as an agricultural laborer, or”.

[S. 984, 82d Cong., 1st sess.]

A BILL To amend the Agricultural Act of 1949

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Agricultural Act of 1949 is amended by adding at the end thereof a new title to read as follows:

"TITLE V-AGRICULTURAL WORKERS

"SEC. 501. For the purpose of assisting in such production of agricultural commodities and products as the Secretary of Agriculture deems necessary, by supplying agricultural workers from foreign countries within the Western Hemisphere (pursuant to arrangements between the United States and such countries) or from Hawaii or Puerto Rico, the Secretary of Labor is authorized—

"(1) to recruit such workers (including any such workers temporarily in the United States);

"(2) to establish and operate reception centers at or near the places of actual entry of such workers into the continental United States for the purpose of receiving and housing such workers while arrangements are being made for their employment in, or departure from, the continental United States;

"(3) to provide transportation for such workers from recruitment centers outside the continental United States to such reception centers and transportation from such reception centers to such recruitment centers after termination of employment;

"(4) to provide such workers with such subsistence, emergency medical care, and burial expenses (not exceeding $150 burial expenses in any one case) as may be or become necessary during transportation authorized by paragraph (3) and while such workers are at reception centers;

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(5) to assist such workers and employers in negotiating contracts for agricultural employment (such workers being free to accept or decline agricultural employment with any eligible employer and to choose the type of agricultural employment they desire, and eligible employers being free to offer agricultural employment to any workers of their choice not under contract to other employers);

"(6) to guarantee the performance by employers of provisions of such contracts relating to the payment of wages or the furnishing of transportation. "SEC. 502. No workers shall be made available under this title to any employer unless such employer enters into an agreement with the United States"(1) to indemnify the United States against loss by reason if its guaranty of such employer's contracts;

"(2) To reimburse the United States for expenses incurred by it in the recruitment and transportation of workers under this title in such amounts, not to exceed $20 per worker, as may be agreed upon by the United States and such employer; and

"(3) to pay to the United States, in any case in which a worker is not returned to the reception center in accordance with the contract entered into under section 501 (5), an amount determined by the Secretary of Labor to be equivalent to the cost of returning such worker from the place of employment to such reception center, less any portion thereof required to be paid by other employers.

"SEC. 503. No workers recruited under this title shall be available for employment in any area unless the Director of State Employment Security for such area has determined and certified that (1) sufficient domestic workers who are able, willing, and qualified are not available at the time and place needed to perform the work for which such workers are to be employed, and (2) the employment of such workers will not adversely affect the wages and working conditions of domestic agricultural workers similarly employed.

"SEC. 504. Workers recruited under this title who are not citizens of the United States shall be admitted to the United States subject to the immigration laws (or if already in, and otherwise eligible for admission to, the United States shall be permitted to remain therein) for such time and under such conditions as may be specified by the Attorney General but, notwithstanding any other provision of law or regulation, no penalty bond shall be required which imposes liability upon any person for the failure of any such worker to depart from the United States upon termination of employment. "SEC. 505. (a) Section 210 (a) (1) of the Social Security Act, as amended, is amended by adding at the end thereof a new subparagraph as follows:

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(C) Service performed by foreign agricultural workers under contracts entered into in accordance with title V of the Agricultural Act of 1949, as amended.'

"(b) Section 1426 (b) (1) of the Internal Revenue Code, as amended, is amended by adding at the end thereof a new subparagraph as follows:

(C) Service performed by foreign agricultural workers under contracts entered into in accordance with title V of the Agricultural Act of 1949, as amended.'

"(c) Workers recruited under the provisions of this title shall not be subject to the head tax levied under section 2 of the Immigration Act of 1917, 8 U. S. C., sec. 132).

"SEC. 506. For the purposes of this title, the Secretary of Labor is authorized"(1) to enter into agreements with Federal and State agencies; to utilize (pursuant to such agreements) the facilities and services of such agencies; and to allocate or transfer funds or otherwise to pay or reimburse such agencies for expenses in connection therewith;

"(2) to accept and utilize voluntary and uncompensated services; and "(3) when necessary to supplement the domestic agricultural labor force, to cooperate with the Secretary of State in negotiating and carrying out agreements or arrangements relating to the employment in the United States, subject to the immigration laws, of agricultural workers from foreign countries within the Western Hemisphere.

"SEC. 508. For the purposes of this title

"(1) The term 'agricultural employment' includes services or activities included within the provisions of section 3 (f) of the Fair Labor Standards

Act of 1938, as amended, or section 1426 (h) of the Internal Revenue Code, as amended, horticultural employment, cotton ginning and compressing, crushing of oil seeds, and the packing, canning, freezing, drying, or other processing of perishable or seasonable agricultural products.

"(2) The term 'employer' includes associations or other groups of employers. "SEC. 509. No workers shall be made available under this title for employment after December 31, 1952.”

[S. 1106, 82d Cong., 1st sess.]

A BILL To facilitate the obtaining of an adequate supply of workers for the production and harvesting of agricultural commodities, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purpose of assisting in providing an adequate supply of workers for the production and harvesting within the United States of agricultural commodities essential to the national defense, the Secretary of Labor, to the extent he determines to be necessary and under such terms and conditions as he may by regulation or otherwise prescribe, is authorized

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(a) to provide, when necessary to supplement the domestic agricultural labor force and subject to the immigration laws, for the temporary employment of agricultural workers from foreign countries within the Western Hemisphere (pursuant to arrangements between the United States and such foreign countries) in agricultural labor in the continental United States including the transportation of such workers from places of recruitment outside the United States to ports of entry of the United States, transportation within the United States, and return transportation to places of recruitment: Provided, That no provision shall be made pursuant to this section for the employment and transportation of foreign agricultural workers for any employer except upon a determination by the Secretary of Labor that (1) the employer has offered to domestic workers the same conditions of employment as he offers to such foreign workers; (2) no domestic workers can be obtained to accept such offers; and (3) the employment of such foreign workers will not adversely affect the wages and working conditions of domestic agricultural workers;

(b) to provide, when necessary, for the temporary maintenance of foreign agricultural workers in reception centers in foreign countries and in the United States and reasonable subsistence during such periods as such workers are being transported at the expense of the United States, and burial expenses (not to exceed $150 in any one case), and emergency medical care from the time of reporting for transportation to the United States until return to place of recruitment;

(c) to provide for the recruitment of workers for agricultural labor and for the transportation of such workers, their families and their necessary personal property within the United States and to furnish reasonable subsistence and emergency medical care of such workers and their families from the time of reporting for transportation until arrival at place of employment; and en route in returning to the place of recruitment.

SEC. 2. For the purposes of this Act, the Secretary of Labor is authorized

(a) to enter into agreements with other public agencies; to utilize (pursuant to such agreements) the facilities and services of such agencies; and to allocate or transfer funds or otherwise to pay or reimburse such agencies for expenses in connection therewith;

(b) to accept and utilize voluntary and uncompensated services; and (c) when necessary to supplement the domestic agricultural labor force, to cooperate with the Secretary of State in negotiating and carrying out agreements or arrangements relating to the employment of foreign agricultural workers in the United States, subject to the immigration laws.

SEC. 3. The Secretary of Labor, to the extent and for such periods that he deems it necessary and practicable, is authorized to purchase, lease or construct, maintain and operate, and dispose of housing and related facilities for temporary use by migrant agricultural workers while in transit to and from their places of employment, to impose nominal fees for the use thereof and, notwithstanding any other provision of law, to apply funds derived therefrom to the cost of maintaining and operating such facilities.

SEC. 4. For the purposes of this Act the term "agricultural labor" includes services or activities included within the provisions of section 3 (f) of the Fair

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Labor Standards Act of 1938, as amended, or section 1426 (h) of the Internal Revenue Code, as amended.

SEC. 5. Where authorized by the Secretary of Labor, workers provided under section 1 of this Act may be used in the packing, canning, freezing, drying, or other processing of perishable or seasonable agricultural products.

SEC. 6. The term "United States' as used in subsection (c) of section 1 of this Act includes the several States, Puerto Rico, and Hawaii.

SEC. 7. The authority granted in this Act, except that granted by section 3, shall terminate December 31, 1952, unless the Congress shall otherwise provide. SEC. 8. There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such amounts from time to time as the Congress may deem necessary to carry out the purposes of this Act.

SEC. 9. This Act shall be cited as the "Emergency Farm Labor Supply Act of 1951."

The CHAIRMAN. Also, without objection, I desire to insert in the record a letter from Secretary of Labor Maurice J. Tobin, dated February 28, 1951. Secretary Tobin attaches to his letter a draft of a bill on farm labor and its analysis. The bill he proposes is identical to S. 1106 which has already been inserted in the record so I will just insert the analysis with the letter.

(The document referred to is as follows:)

Hon. ALLEN J. ELLENDER, Sr.

DEPARTMENT OF LABOR, Washington, February 28, 1951.

Chairman, Committee on Agriculture and Forestry,
United States Senate,

Washington 25, D. C.

DEAR SENATOR ELLENDER: There is enclosed a copy of a draft "Emergency Farm Labor Supply Act of 1951." This draft bill has been prepared and is submitted at the request made by former Representative Stephen Pace, in December 1950, at which time he was chairman of the Subcommittee on Farm Labor of the House Committee on Agriculture. There is also enclosed a section-by-section analysis of the bill.

Due to the urgency of this matter and the lack of time, this draft bill has not been cleared by the Bureau of the Budget. Copies of it, however, have been sent to the Bureau and to the Office of Defense Mobilization for their information.

Yours very truly,

MAURICE J. TOBIN,
Secretary of Labor.

SECTION-BY-SECTION ANALYSIS OF A DRAFT BILL TO FACILITATE THE OBTAINING OF AN ADEQUATE SUPPLY OF WORKERS FOR THE PRODUCTION AND HARVESTING OF AGRICULTURAL COMMODITIES, AND FOR OTHER PURPOSES

Section 1: Subsection (a) of this section authorizes the Secretary of Labor to provide for the temporary employment of foreign agricultural workers in agricultural labor in this country, when such employment is necessary to supplement the domestic labor force. The immigration laws shall apply in connection with this program. The Secretary of Labor may provide transportation for such workers from the country of recruitment to ports of entry in the United States and return and also within the United States.

The provision of foreign workers under this subsection is subject to the proviso that no foreign workers will be provided for any employer except upon a determination by the Secretary of Labor that the employer has offered to domestic workers the same conditions of employment as he offers to foreign workers and that domestic workers cannot be obtained to accept such offers, and that the employment of such foreign workers will not lower the wages and working conditions of domestic agricultural workers. Under the international agreement with Mexico, for example, employers are required to provide certain working conditions for Mexican workers employed pursuant to the agreement, including the payment of prevailing wages, guarantee of duration of employment, and certain forms of insurance and before seeking workers from Mexico, employers would be required to have offered the same conditions to domestic workers and have failed to obtain workers willing to accept such offers. Such offers would be required to be made

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