Page:United States Statutes at Large Volume 100 Part 4.djvu/1078

 100 STAT. 3424 I

Wages.

PUBLIC LAW 99-603—NOV. 6, 1986

pected to result from the availability of able, willing, qualified, and unemployed special agricultural workers, rural low skill, or manual, laborers, and domestic agricultural workers. .,. ^ "(C) BASES FOR INCREASED NUMBER.—In making the adjustment under subparagraph (B)(ii), the Secretaries shall consider— .^.j, "(i) the effect, if any, that improvements in wages I f . and working conditions offered by employers will have on the availability of workers to perform seasonal agri,,,,. |, cultural services, taking into account the adverse effect, if any, of such improvements in wages and .». iTt • " working conditions on the economic competitiveness of the perishable agricultural industry, ,,(. _. "(ii) the effect, if any, of enhanced recruitment ef" ' ' forts by the employers of such workers and government emplo3niient services in the traditional and expected areas of supply of such workers, and "(iii) the number of able, willing and qualified individuals who apply for employment opportunities in ' '-•' seasonal agricultural services, listed with offices of government employment services. • "(D) CONSTRUCTION.—Nothing in this subsection shall be deemed to require any individual employer to pay any specified level of wages, to provide any specified working p' conditions, or to provide for any specified recruitment of workers.
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"(6) DETERMINATION OF MAN-DAY PER WORKER FACTOR.— "(A) FISCAL YEAR 1990.—For fiscal year 1990—

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"(i) IN GENERAL.—Subject to clause (ii), for purposes of paragraph (2) the factor under this paragraph is the average number, as estimated by the Director of the Bureau of the Census under subsection (b)(3)(A)(ii), of man-days of seasonal agricultural services performed in the United States in fiscal year 1989 by special agricultural workers whose status is adjusted under M: ia I f section 210 and who performed seasonal agricultural im:??'i services in the United States at any time during the fiscal year. i r^ b; "(ii) LACK OF ADEQUATE INFORMATION.—If the Director determines that— .( ' "(I) the information reported under subsection (b)(2)(A) is not adequate to make a reasonable estimate of the average number described in clause (i), r/.', - ' ' but J. > "(II) the inadequacy of the information is not due to the refusal or failure of employers to report the information required under subsection (b)(2)(A), the factor under this paragraph is 90. ij.

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"(B) FISCAL YEAR 1991.—For purposes of paragraph (2) for

fiscal year 1991, the factor under this paragraph is the average number, as estimated by the Director of the Bureau of the Census under subsection (b)(3)(A)(ii), of man-days of seasonal agricultural services performed in the United States in fiscal year 1990 by special agricultural workers who obtained lawful temporary resident status under this section. "(C) FISCAL YEARS 1992 AND 1993.—For purposes of paragraph (2) for fiscal years 1992 and 1993, the factor under

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