The testimony is that the wetback problem has been increased. Mr. BROWNELL. It does not take into consideration the last 2 months under the border recruiting program. We think that will be of quite considerable help. That is the reason we wanted to defer any further recommendations to you until we see how it operates.

Senator ELLENDER. You are operating, though, under the same law that was supposed to cure it 2 or 3 years ago. There is no change in that.

Mr. BROWNELL. There were substantial changes in the international agreement made pursuant to the law, the chief change being that for the first time the Mexican Government has agreed to try out border recruiting.

EFFECT OF INTERNATIONAL AGREEMENT

Senator MCCARRAN. I do not think our international agreement affects the wetback situation at all. The wetback situation is entirely remote from the international agreement as I view it. I may be wrong.

Senator ELLENDER. The original law provided for these international agreements. That is why it was put on the statute books. All of us hoped it would assist, but it does not. This new agreement you have now is no different from what you have had before. It strikes me that it would pay well to find out why it is the Mexican Government is not cooperating by punishing the wetbacks our Government turns over to them.

NATURALIZATION PROBLEM

Senator MCCARRAN. The wetback problem is not the only thing. Your Naturalization Service is way behind.

It seems to me that something should be done to improve that. I have complaints coming in to me from groups that say they have to stand in line and wait for years to get naturalized.

Mr. BROWNELL. That has been a longstanding problem in the Immigration Service.

Senator DIRKSEN. Mr. Brownell, is the agreement now available that its entire text could be inserted in the record?

Mr. BROWNELL. Yes, sir.

Senator DIRKSEN. I wonder if it would not be useful as information. Senator ELLENDER. I would suggest that we file it.

Senator DIRKSEN. How many pages does it run? It was not contrived while the hearings were on on the House side; therefore it is not available generally unless somebody sends for a copy.

Mr. BROWNELL. It is not too long.

Mr. ROGERS. May we make it available to the staff and you could decide how much of it you would wish to insert?

Senator DIRKSEN. Yes.

(The information referred to follows:)

MEXICAN AGRICULTURAL WORKERS-RENEWAL OF MIGRANT LABOR AGREEMENT OF 1951, AS AMENDED

(The underlying notes of March 10, 1954, from the American Ambassador to the Acting Secretary of Foreign Relations of Mexico were confirmed and accepted by corresponding notes of the same date from the Acting Secretary of Foreign Relations to the American Ambassador.)

No. 815

MÉXICO, D. F., March 10, 1954. EXCELLENCY: As the result of the conversations I have had over the past few months with you and His Excellency the Secretary of Foreign Relations, it happily appears that we are in accord that the Agreement between the Governments of the United States and Mexico concerning the "Migrant Labor Agreement of 1951, As Amended," which expired on January 15, 1954, should be renewed for a further period until December 31, 1955, and that in order to avoid future misunderstandings as to the intent of various provisions of the Agreement, as well as in order to facilitate to the utmost the operation of the international program, we should record, as envisaged in Article 37 of that Agreement, our joint interpretations and consequent amendments of these provisions.

Consequently, I have the honor to set forth my understanding of the interpretations and amendments that we have agreed upon:

1. WAGES. The wage rates paid to the Mexican Worker may not be less than the prevailing wages for domestic laborers performing the same activity in the same area of employment as determined by the Secretary of Labor. The Secretary of Labor will give special attention, in conformity with Article 15 of the Agreement, to the fact that there shall not be issued certifications which specify a wage rate which, in his opinion, has been adversely influenced by the presence of illegal workers in the area of employment. The prevailing wage rates shall be communicated to the Secretary of Foreign Relations as the Secretary of Labor determines them but not less than once a month.

In each of the Migratory Stations of Mexico and in each of the Reception Centers of the United States there shall be fixed, in prominent places, bulletins in which are specified the prevailing wage rates for each type of employment in each area of employment in which Mexican Workers from the respective Migratory Stations and Reception Centers will be employed in order that these wage rates may be known in advance by the Mexican Workers who, in any event, may discuss them with the Employers and accept or reject them.

If the Secretary of Foreign Relations believes that the determination of the Secretary of Labor, with respect to a specific wage rate for a specific area, is incorrect he will inform the Secretary of Labor of his views in the matter, furnishing the Secretary of Labor the information upon which he bases his conclusion so that, in case the Secretary of Labor concurs in this conclusion, he may use the powers granted him by Article 15 of the Agreement to withhold certifications which include such wage rates.

In case the Secretary of Labor, after reviewing the information furnished him by the Secretary of Foreign Relations, does not find that prior determination is inaccurate a joint investigation will be undertaken by the appropriate represente.tives of the two Governments, if requested by the Secretary of Foreign Relations, in order that the Secretary of Labor may determine whether it is appropriate to make a new determination of the prevailing wage rate. The contracting of Workers will not be interrupted meanwhile but the Government of Mexico may inform the Workers at the Migratory Stations that a joint investigation will be made with respect to the wage rates in question. If, as a result of the joint investigation the investigators cannot reach an agreement as to the information to be submitted to the Secretary of Labor, the Government of Mexico may request the Secretary of Labor to consider any information it desires to present concerning the prevailing wages.

His Excellency

Señor José GOROSTIZA,

Acting Secretary of Foreign Relations, Mexico, D. F.

2. SUBSISTENCE ALLOWANCES.—Except in the case referred to in the last paragraph of Article 10 of the Work Contract, subsistence allowances shall be determined by the Secretary of Labor as often as changes in the cost of food in the area of employment may require.

In no case may the subsistence allowances be less than the cost, in the area of employment, of the diets which the Department of Agriculture of the United States considers necessary for persons performing arduous labor.

These diets will be made known to the Mexican Government so that, if it considers it necessary, it may make observations relating thereto concerning food preferences of the Mexican Worker.

The differences that may arise with respect to the subsistence allowances will be resolved by mutual agreement through a joint investigation of the cost of the diets approved by the Secretary of Agriculture in the area of employment. In requesting a joint investigation, the Mexican Government will furnish the Secretary of Labor the information upon which it bases this request. The contracting of the Workers will not be interrupted meanwhile, but the Government of Mexico may inform the Workers that a joint investigation will be made with respect to the subsistence allowances in question.

The subsistence allowances will be communicated to the Secretary of Foreign Relations as the Secretary of Labor determines them and they will be posted, as in the case of the prevailing wages, in the bulletins which will be displayed in prominent places in the Mexican Migratory Stations and in the Reception Centers.

If the Employer maintains restaurant services, the situation will be governed by the pertinent provisions of Articles 10 and 12 of the Work Contract.

3. NON-OCCUPATIONAL INSURANCE.-The Mexican Government reserves the right to study and to institute a plan for non-occupational insurance for injuries and illnesses for Mexican Workers under which an authorized Mexican organization will assume charge of receiving the deductions which shall be made by the Employer from the Workers' wages and assume full responsibility for the payment of all expenses for non-occupational injuries and illnesses. This plan shall conform to the applicable requirements of the insurance laws of the various States in which it will be instituted; and shall provide life insurance and sufficient coverage and adequate arrangements to assure that Workers suffering non-occupational injuries and illnesses will have available promptly necessary medical, surgical and hospital care. Employers shall be required to make the deductions in accordance with paragraph (g) of Article 6 of the Work Contract from the Workers' wages in the amounts specified by the Mexican Government under this plan and to remit such deductions to the authorized Mexican authority.

If the arrangement made under the plan instituted by the Mexican Government proves inadequate to provide such care or to pay the expenses incurred incident thereto, the Secretary of Labor will consult with the appropriate officials of the Mexican Ministry of Foreign Relations in order to effect the necessary improvement to make such plan function adequately in the area in which it has failed to do so. If such improvement is not made, the two Governments will study and put into effect opportunely, by common consent, either one of these two solutions: (a) The Employer shall apply the proportionate part of the deductions that may be necessary to obtain insurance covering the expenses of hospitalization and medical and surgical care; or

(b) The Employer shall use the authorized deduction to obtain life and nonoccupational insurance for injuries and illnesses in accordance with the specifications set forth in the ante-penultimate paragraph of this Article.

It is agreed that questions which the Secretary of Labor may raise regarding the inadequacy of the plan in question, will relate only to hospitalization and medical and surgical non-occupational injury and illnesses, and in no case to the cash indemnities that the Mexican organization may have undertaken.

Embalming, funeral and other related expenses, including the transportation of the body to the place of burial, will be a first charge, up to the amount of 350 dollars, against the life insurance of the Worker.

Until the plan referred to in paragraph one of this Article is made known to the Government of the United States, all Employers shall be required to obtain at the Worker's expense life and non-occupational insurance for injuries and illnesses for such coverage as may be specified by the Secretary of Foreign Relations. Standard form policies for the various areas of employment will be furnished by the Secretary of Foreign Relations to the Secretary of Labor. Such insurance may be obtained from any responsible and properly licensed insurance company which will furnish such insurance at competitive rates for the area of employment. Until such standard form policies are furnished by the Secretary of Foreign Relations, the Employer shall not be required to obtain life and non-occupational insurance for Mexican Workers.

Should the Employer fail to obtain life and non-occupational insurance for injuries and illnesses in accordance with the requirements of this Article, his case will be dealt with in accordance with the provisions of Article 7 of the Agreement. The Employer shall in no case be required to pay any part of the cost of the premium for any life and non-occupational insurance for injuries and illnesses

4. List of UNACCEPTABLE EMPLOYERS AND OF PLACES, LOCALITIES AND COMMUNITIES WHERE DISCRIMINATION EXISTS.-Determinations as to the unacceptability of any Employers for contracting Mexican Workers shall be made ong in accordance with the special procedure established beginning with the seeond paragraph of Article 7 of the Agreement.

In certain cases, however, as for example, physical mistreatment, insults or threats and other grave abuses, the Secretary of Foreign Relations will make known the facts directly to the Secretary of Labor, through the Mexican Embassy in Washington, in order that, without prejudice to either the criminal or civil responsibuity which the Employer may incur and the corresponding indemnity, a prompt joint determination may be reached in order to include him, if appropriate, in the list of those unacceptable to contract Workers. The list of those unacceptable on the date on which the renewal of the Agreement enters into effect shall include only those Employers who have previously been declared unacceptable by joint determination of both Governments.

The Government of Mexico will not include "counties" under Article 8 of the Agreement in the list of towns, communities, localities and places where it is considered that discrimination exists against Mexicans on account of their nationality or of their ancestry.

5. RETURN TRANSPORTATION OF THE WORKER.-When a Worker does not complete his contract for unjustified cause, as may be jointly decided in accordance with Article 30, the Employer shall not be obligated, under Article 17 of the Agreement, to provide return transportation and subsistence to the Worker or to pay the cost thereof, except in proportion to the services rendered.

Consequently, it is understood-for example-that a Worker who terminates the contract in its third week for unjustified cause (when the contract is made for six weeks) shall have the right to be paid by the Employer for the cost of half of the transportation and subsistence between the place of employment and the Reception Center.

The Employer may not make deductions from the Worker to cover the cost of return transportation and subsistence or the Worker's portion thereof. It is understood that payments will be made, insofar as possible, against the amounts owed by the Employer to the Worker; but in order to facilitate the carrying out of this provision, the Employer is authorized, in conformity with the last paragraph of Article 15, to postpone from one payment to that immediately following not to exceed a total of three days earnings, of the wages of the Worker. It is further understood that “work day”—as defined by Article 1, paragraph (j) of the Agreement-means eight hours in each calendar day, except in those days mentioned in the same paragraph.

6. MIGRATORY STATIONS AND RECEPTION CENTERS.-Article 4 of the Agreement of 1951, is amended to read as follows:

"The Government of Mexico will establish the Migratory Stations in the Republic of Mexico at Mexicali, Baja California; Monterrey, Nuevo Leon; Chihuahua, Chihuahua; Irapuato, Guanajuato; Guadalajara, Jalisco; Durango, Durango; or at places adjacent to such cities, and at such other places as may be mutually agreed to by the two Governments. The United States will establish Reception Centers at Hidalgo, Eagle Pass and El Paso, Texas; Nogales, Arizona; and El Centro, California; or at places adjacent to such cities, and such other places as may be mutually agreed to by the two Governments."

I am authorized to propose that the present note, and a note in reply from Your Excellency confirming and accepting the foregoing proposals, be considered as an agreement between the two Governments in the matter and that this exchange of notes have the effect of renewing the Migrant Labor Agreement of 1951, as previously amended and as amended subject to the above interpretations and amendments, through December 31, 1955, unless terminated earlier as provided in Article 41 of the Agreement.

At the request of either Government negotiations may be entered into regarding the matters referred to the Joint Commission established by our notes No. 817 and No. 20015-3 of today's date, within 30 days of the date that final recommendations are made by the Commission on such questions, so that the Governments may consider the recommendations of the Commission relating to any improvement of the operation of the program.

All contracts and all extensions thereof entered into after this date shall be governed by the Agreement of 1951, as hereby renewed, and by the provisions set forth in this exchange of notes.

I avail myself of this opportunity to renew to Your Excellency the assurances of my highest and most distinguished consideration.

(signed) FRANCIS WHITE.

No. 816 MÉXICO, D. F., March 10, 1954. EXCELLENCY: With reference to our exchanges of notes of today's date (my note No. 815 and your note No. 20015-1), I desire to record my understanding of the necessary amendments to the Standard Work Contract annexed to the Migrant Labor Agreement of 1951, As Amended, which are required by the amendments arrived at in those notes. These amendments to the Work Contract refer to Article 3, paragraph 7 of Article 4, paragraph (g) of Article 6, and Article 7. They read as follows:

AMENDMENTS TO ARTICLE 3 OF WORK CONTRACT

1. Change Title and numbering as follows:

"3. INSURANCE.

"a. OCCUPATIONAL RISKS."

At the end of present article add a new subsection (b) as follows:

"b. LIFE AND NON-OCCUPATIONAL INSURANCE.-As soon as the Government of Mexico specifies the extent of coverage for life and non-occupational insurance which it desires for Mexican Workers the Employer shall obtain such insurance, the cost of which is to be paid for by deductions from the Mexican Worker's wages.

"If the Mexican Government should institute a plan under which it will, through an authorized Mexican organization, assume the full responsibility for providing life and non-occupational insurance to Mexican Workers the Employer shall instead of obtaining the insurance as specified in the previous paragraph deduct from the Worker's wages the amount specified by the Mexican Government directly or through the authorized organization and remit such deductions to the authorized Mexican authority. The Employer shall, in no case, be required to pay any part of the cost of the premiums for life and non-occupational insurance."

Amend Article 6 (g) to read as follows:

"(g) for insurance premiums as required under Article 3 (b) of this Work Contract."

Amend the seventh paragraph of Article 4 of the Work Contract to read as follows:

"The pay period for the Mexican Worker shall be established at intervals no less frequent than those established for the Employer's domestic workers; provided that in no event shall the Worker be paid less frequently than bi-weekly; provided further, that the Employer may defer the payment of not to exceed a total of three days' earnings of such Mexican Worker from one pay period to the next until the final payment of wages is made to him, at which time payment shall be made of all sums due to the Mexican Worker.

"For the purposes of this paragraph the term 'three days' earnings' means 'three days in which the Worker worked at least eight hours per day.''

AMENDMENT TO ARTICLE 7

Amend Article 7 of Work Contract to read as follows:
His Excellency

Señor José GOROSTIZA,

Acting Secretary of Foreign Relations, México, D. F.

"7. TRANSPORTATION.-Subject to the provisions of Article 17 of the Agreement, transportation of the Mexican Worker, including up to 35 kilograms of personal articles, but not including furniture, from the Reception Center at which he was contracted to the place of employment and return to the Reception Center, as well as food, lodging and other necessary expenses en route, shall be paid by the Employer.

"In the event, however, the Worker fails to complete his contract for unjustified reasons as jointly determined in accordance with Article 30 of the Agreement the Employer shall not be obligated to provide return transportation and subsistence or to pay the cost thereof except in the same proportion to the total cost thereof that the period worked by the Mexican Worker bears to the total period of the contract.

"The Employer may, in such case, apply from the wages deferred pursuant to Article 4 of this Work Contract, such amounts for the return transportation and subsistence as the Worker may be obligated to pay.

"All transportation between the Reception Center and the place of employment shall be by common carrier or other adequate transportation facilities provided