Page:United States Statutes at Large Volume 100 Part 4.djvu/1077

 PUBLIC LAW 99-603—NOV. 6, 1986

100 STAT. 3423

the United States or who should otherwise acquire the status of aliens lawfully admitted for temporary residence under this section during the fiscal year to meet a shortage of workers to perform seasonal agricultural services in the United States during the year. Such number is, in this section, referred to as the 'shortage number'. "(2) OVERALL DETERMINATION.—The shortage number is— "(A) the anticipated need for special agricultural workers (as determined under paragraph (4)) for the fiscal year, minus "(B) the supply of such workers (as determined under paragraph (5)) for that year, divided by the factor (determined under paragraph (6)) for mandays per worker. "(3) No REPLENISHMENT IF NO SHORTAGE.—In determining the shortage number, the Secretaries may not determine that there is a shortage unless, after considering all of the criteria set forth in paragraphs (4) and (5), the Secretaries determine that there will not be sufficient able, willing, and qualified workers available to perform seasonal agricultural services required in the fiscal year involved. "(4) DETERMINATION OF NEED.—For purposes of paragraph

(2)(A), the anticipated need for special agricultural workers for a fiscal year is determined as follows: "(A) BASE.—The Secretaries shall jointly estimate, using statistically valid methods, the number of man-days of labor performed in seasonal agricultural services in the United States in the previous fiscal year. "(B) ADJUSTMENT FOR CROP LOSSES AND CHANGES IN INDUS-

TRY.—The Secretaries shall jointly— "(i) increase such number by the number of man-days of labor in seasonal agricultural services in the United States that would have been needed in the previous fiscal year to avoid any crop damage or other loss that resulted from the unavailability of labor, and "(ii) adjust such number to take into account the projected growth or contraction in the requirements for seasonal agricultural services as a result of— "(I) growth or contraction in the seasonal agriculture industry, and "(II) the use of technologies and personnel practices that affect the need for, and retention of, workers to perform such services. "(5) DETERMINATION OF SUPPLY.—For purposes of paragraph

(2)(B), the anticipated supply of special agricultural workers for a fiscal year is determined as follows: "(A) BASE.—The Secretaries shall use the number estimated under paragraph (4)(A). "(B)

ADJUSTMENT FOR RETIREMENTS AND INCREASED

RECRUITMENT.—The Secretaries shall jointly— "(i) decrease such number by the number of mandays of labor in seasonal agricultural services in the United States that will be lost due to retirement and movement of workers out of performance of seasonal agricultural services, and "(ii) increase such number by the number of additional man-days of labor in seasonal agricultural services in the United States that can reasonably be ex-

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