Bill Summary
This legislation addresses multiple aspects of the H-2A visa program, including worker status, application procedures, employer obligations, and protections for workers. It also establishes registration requirements for foreign labor recruiters and an electronic employment eligibility verification system. The legislation also includes measures to prevent fraud and increase permanent residence visas for farmworkers, as well as a pilot program for portable H-2A workers and a program for farmworker housing preservation.
Possible Impacts
1. Agricultural workers seeking employment in the United States will have a streamlined electronic platform for filing petitions, making the process more efficient and accessible.
2. Employers will be required to comply with various standards, such as not charging recruitment fees and providing disclosures, to protect workers from exploitation.
3. The establishment of a new employment eligibility verification system will aim to prevent fraud and ensure that only authorized workers are employed, creating a more secure job market for all workers.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4916 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 4916
To amend the Immigration and Nationality Act to provide for terms and
conditions for nonimmigrant workers performing agricultural labor or
services, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 30, 2019
Ms. Lofgren (for herself, Mr. Newhouse, Mr. Peterson, Mr. Simpson, Ms.
Sanchez, Mr. Diaz-Balart, Mr. Panetta, Mr. LaMalfa, Mr. Cox of
California, Mr. Amodei, Mr. Costa, Mr. Baird, Mr. Harder of California,
Mrs. Brooks of Indiana, Mr. Brindisi, Mr. Cole, Ms. Judy Chu of
California, Mr. Curtis, Ms. Fudge, Mr. Rodney Davis of Illinois, Mr.
Lawson of Florida, Mr. Gibbs, Ms. Slotkin, Mrs. Rodgers of Washington,
Mr. Correa, Mr. Mitchell, Ms. Torres Small of New Mexico, Mr. Nunes,
Ms. Garcia of Texas, Mr. Reed, Mr. David Scott of Georgia, Ms.
Stefanik, Mr. Carbajal, Mr. Stivers, Mr. Schrader, Mr. Upton, Ms.
Craig, Mr. Young, Mr. Cardenas, Mr. Walden, Mr. Vela, Ms. Spanberger,
Mrs. Torres of California, Ms. Schrier, and Mr. Fitzpatrick) introduced
the following bill; which was referred to the Committee on the
Judiciary, and in addition to the Committees on Ways and Means,
Education and Labor, and Financial Services, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to provide for terms and
conditions for nonimmigrant workers performing agricultural labor or
services, and for other purposes.
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 ``Farm Workforce
Modernization Act of 2019''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--SECURING THE DOMESTIC AGRICULTURAL WORKFORCE
Subtitle A--Temporary Status for Certified Agricultural Workers
Sec. 101. Certified agricultural worker status.
Sec. 102. Terms and conditions of certified status.
Sec. 103. Extensions of certified status.
Sec. 104. Determination of continuous presence.
Sec. 105. Employer obligations.
Sec. 106. Administrative and judicial review.
Subtitle B--Optional Earned Residence for Long-Term Workers
Sec. 111. Optional adjustment of status for long-term agricultural
workers.
Sec. 112. Payment of taxes.
Sec. 113. Adjudication and decision; review.
Subtitle C--General Provisions
Sec. 121. Definitions.
Sec. 122. Rulemaking; Fees.
Sec. 123. Background checks.
Sec. 124. Protection for children.
Sec. 125. Limitation on removal.
Sec. 126. Documentation of agricultural work history.
Sec. 127. Employer protections.
Sec. 128. Correction of Social Security records.
Sec. 129. Disclosures and privacy.
Sec. 130. Penalties for false statements in applications.
Sec. 131. Dissemination of information.
Sec. 132. Exemption from numerical limitations.
Sec. 133. Reports to Congress.
Sec. 134. Grant program to assist eligible applicants.
Sec. 135. Authorization of appropriations.
TITLE II--ENSURING AN AGRICULTURAL WORKFORCE FOR THE FUTURE
Subtitle A--Reforming the H-2A Temporary Worker Program
Sec. 201. Comprehensive and streamlined electronic H-2A platform.
Sec. 202. H-2A program requirements.
Sec. 203. Agency roles and responsibilities.
Sec. 204. Worker protection and compliance.
Sec. 205. Report on wage protections.
Sec. 206. Portable H-2A visa pilot program.
Sec. 207. Improving access to permanent residence.
Subtitle B--Preservation and Construction of Farmworker Housing
Sec. 220. Short title.
Sec. 221. Permanent establishment of housing preservation and
revitalization program.
Sec. 222. Eligibility for rural housing vouchers.
Sec. 223. Amount of voucher assistance.
Sec. 224. Rental assistance contract authority.
Sec. 225. Funding for multifamily technical improvements.
Sec. 226. Plan for preserving affordability of rental projects.
Sec. 227. Covered housing programs.
Sec. 228. New farmworker housing.
Sec. 229. Loan and grant limitations.
Sec. 230. Operating assistance subsidies.
Sec. 231. Eligibility of certified workers.
Subtitle C--Foreign Labor Recruiter Accountability
Sec. 251. Registration of foreign labor recruiters.
Sec. 252. Enforcement.
Sec. 253. Appropriations.
Sec. 254. Definitions.
TITLE III--ELECTRONIC VERIFICATION OF EMPLOYMENT ELIGIBILITY
Sec. 301. Electronic employment eligibility verification system.
Sec. 302. Mandatory electronic verification for the agricultural
industry.
Sec. 303. Coordination with E-Verify Program.
Sec. 304. Fraud and misuse of documents.
Sec. 305. Technical and conforming amendments.
Sec. 306. Protection of Social Security Administration programs.
Sec. 307. Report on the implementation of the electronic employment
verification system.
Sec. 308. Modernizing and streamlining the employment eligibility
verification process.
Sec. 309. Rulemaking and Paperwork Reduction Act.
TITLE I--SECURING THE DOMESTIC AGRICULTURAL WORKFORCE
Subtitle A--Temporary Status for Certified Agricultural Workers
SEC. 101. CERTIFIED AGRICULTURAL WORKER STATUS.
(a) Requirements for Certified Agricultural Worker Status.--
(1) Principal aliens.--The Secretary may grant certified
agricultural worker status to an alien who submits a completed
application, including the required processing fees, before the
end of the period set forth in subsection (c) and who--
(A) performed agricultural labor or services in the
United States for at least 1,035 hours (or 180 work
days) during the 2-year period preceding the date of
the introduction of this Act;
(B) is inadmissible or deportable from the United
States on the date of the introduction of this Act;
(C) subject to section 104, has been continuously
present in the United States since the date of the
introduction of this Act and until the date on which
the alien is granted certified agricultural worker
status; and
(D) is not otherwise ineligible for certified
agricultural worker status as provided in subsection
(b).
(2) Dependent spouse and children.--The Secretary may grant
certified agricultural dependent status to the spouse or child
of an alien granted certified agricultural worker status under
paragraph (1) if the spouse or child is not ineligible for
certified agricultural dependent status as provided in
subsection (b).
(b) Grounds for Ineligibility.--
(1) Grounds of inadmissibility.--Except as provided in
paragraph (3), an alien is ineligible for certified
agricultural worker or certified agricultural dependent status
if the Secretary determines that the alien is inadmissible
under section 212(a) of the Immigration and Nationality Act (8
U.S.C. 1182(a)), except that in determining inadmissibility--
(A) paragraphs (4), (5), (7), and (9)(B) of such
section shall not apply;
(B) subparagraphs (A), (C), (D), (F), and (G) of
such section 212(a)(6) and paragraphs (9)(C) and
(10)(B) of such section 212(a) shall not apply unless
based on the act of unlawfully entering the United
States after the date of introduction of this Act; and
(C) paragraphs (6)(B) and (9)(A) of such section
212(a) shall not apply unless the relevant conduct
began on or after the date of filing of the application
for certified agricultural worker status.
(2) Additional criminal bars.--Except as provided in
paragraph (3), an alien is ineligible for certified
agricultural worker or certified agricultural dependent status
if the Secretary determines that, excluding any offense under
State law for which an essential element is the alien's
immigration status and any minor traffic offense, the alien has
been convicted of--
(A) any felony offense;
(B) an aggravated felony (as defined in section
101(a)(43) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(43)) at the time of the conviction);
(C) two misdemeanor offenses involving moral
turpitude, as described in section 212(a)(2)(A)(i)(I)
of the Immigration and Nationality Act (8 U.S.C.
1182(a)(2)(A)(i)(I)), unless an offense is waived by
the Secretary under paragraph (3)(B); or
(D) three or more misdemeanor offenses not
occurring on the same date, and not arising out of the
same act, omission, or scheme of misconduct.
(3) Waivers for certain grounds of inadmissibility.--For
humanitarian purposes, family unity, or if otherwise in the
public interest, the Secretary may waive the grounds of
inadmissibility under--
(A) paragraph (1), (6)(E), or (10)(D) of section
212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)); or
(B) subparagraphs (A) and (D) of section 212(a)(2)
of the Immigration and Nationality Act (8 U.S.C.
1182(a)(2)), unless inadmissibility is based on a
conviction that would otherwise render the alien
ineligible under subparagraph (A), (B), or (D) of
paragraph (2).
(c) Application.--
(1) Application period.--Except as provided in paragraph
(2), the Secretary shall accept initial applications for
certified agricultural worker status during the 18-month period
beginning on the date on which the interim final rule is
published in the Federal Register pursuant to section 122(a).
(2) Extension.--If the Secretary determines, during the
initial period described in paragraph (1), that additional time
is required to process initial applications for certified
agricultural worker status or for other good cause, the
Secretary may extend the period for accepting applications for
up to an additional 12 months.
(3) Submission of applications.--
(A) In general.--An alien may file an application
with the Secretary under this section with the
assistance of an attorney or a nonprofit religious,
charitable, social service, or similar organization
recognized by the Board of Immigration Appeals under
section 292.2 of title 8, Code of Federal Regulations.
The Secretary shall also create a procedure for
accepting applications filed by qualified designated
entities with the consent of the applicant.
(B) Farm service agency offices.--The Secretary, in
consultation with the Secretary of Agriculture, shall
establish a process for the filing of applications
under this section at Farm Service Agency offices
throughout the United States.
(4) Evidence of application filing.--As soon as practicable
after receiving an application for certified agricultural
worker status, the Secretary shall provide the applicant with a
document acknowledging the receipt of such application. Such
document shall serve as interim proof of the alien's
authorization to accept employment in the United States and
shall be accepted by an employer as evidence of employment
authorization under section 274A(b)(1)(C) of the Immigration
and Nationality Act (8 U.S.C. 1324a(b)(1)(C)), pending a final
administrative decision on the application.
(5) Effect of pending application.--During the period
beginning on the date on which an alien applies for certified
agricultural worker status under this subtitle, and ending on
the date on which the Secretary makes a final administrative
decision regarding such application, the alien and any
dependents included in the application--
(A) may apply for advance parole, which shall be
granted upon demonstrating a legitimate need to travel
outside the United States for a temporary purpose;
(B) may not be detained by the Secretary or removed
from the United States unless the Secretary makes a
prima facie determination that such alien is, or has
become, ineligible for certified agricultural worker
status;
(C) may not be considered unlawfully present under
section 212(a)(9)(B) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(9)(B)); and
(D) may not be considered an unauthorized alien (as
defined in section 274A(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)(3))).
(6) Withdrawal of application.--The Secretary shall, upon
receipt of a request from the applicant to withdraw an
application for certified agricultural worker status under this
subtitle, cease processing of the application, and close the
case. Withdrawal of the application shall not prejudice any
future application filed by the applicant for any immigration
benefit under this Act or under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.).
(d) Adjudication and Decision.--
(1) In general.--Subject to section 123, the Secretary
shall render a decision on an application for certified
agricultural worker status not later than 180 days after the
date the application is filed.
(2) Notice.--Prior to denying an application for certified
agricultural worker status, the Secretary shall provide the
alien with--
(A) written notice that describes the basis for
ineligibility or the deficiencies in the evidence
submitted; and
(B) at least 90 days to contest ineligibility or
submit additional evidence.
(3) Amended application.--An alien whose application for
certified agricultural worker status is denied under this
section may submit an amended application for such status to
the Secretary if the amended application is submitted within
the application period described in subsection (c) and contains
all the required information and fees that were missing from
the initial application.
(e) Alternative H-2A Status.--An alien who has not met the required
period of agricultural labor or services under subsection (a)(1)(A),
but is otherwise eligible for certified agricultural worker status
under such subsection, shall be eligible for classification as a
nonimmigrant 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)) upon
approval of a petition submitted by a sponsoring employer, if the alien
has performed at least 575 hours (or 100 work days) of agricultural
labor or services during the 3-year period preceding the date of the
introduction of this Act. The Secretary shall create a procedure to
provide for such classification without requiring the alien to depart
the United States and obtain a visa abroad.
SEC. 102. TERMS AND CONDITIONS OF CERTIFIED STATUS.
(a) In General.--
(1) Approval.--Upon approval of an application for
certified agricultural worker status, or an extension of such
status pursuant to section 103, the Secretary shall issue--
(A) documentary evidence of such status to the
applicant; and
(B) documentary evidence of certified agricultural
dependent status to any qualified dependent included on
such application.
(2) Documentary evidence.--In addition to any other
features and information as the Secretary may prescribe, the
documentary evidence described in paragraph (1)--
(A) shall be machine-readable and tamper-resistant;
(B) shall contain a digitized photograph;
(C) shall serve as a valid travel and entry
document for purposes of applying for admission to the
United States; and
(D) shall be accepted during the period of its
validity by an employer as evidence of employment
authorization and identity under section 274A(b)(1)(B)
of the Immigration and Nationality Act (8 U.S.C.
1324a(b)(1)(B)).
(3) Validity period.--Certified agricultural worker and
certified agricultural dependent status shall be valid for five
and one-half years beginning on the date of approval.
(4) Travel authorization.--An alien with certified
agricultural worker or certified agricultural dependent status
may--
(A) travel within and outside of the United States,
including commuting to the United States from a
residence in a foreign country; and
(B) be admitted to the United States upon return
from travel abroad without first obtaining a visa if
the alien is in possession of--
(i) valid, unexpired documentary evidence
of certified agricultural worker or certified
agricultural worker dependent status as
described in subsection (a); or
(ii) a travel document that has been
approved by the Secretary and was issued to the
alien after the alien's original documentary
evidence was lost, stolen, or destroyed.
(b) Ability To Change Status.--
(1) Change to certified agricultural worker status.--
Notwithstanding section 101(a), an alien with valid certified
agricultural dependent status may apply to change to certified
agricultural worker status, at any time, if the alien--
(A) submits a completed application, including the
required processing fees; and
(B) is not ineligible for certified agricultural
worker status under section 101(b).
(2) Clarification.--Nothing in this title prohibits an
alien granted certified agricultural worker or certified
agricultural dependent status from changing status to any other
nonimmigrant classification for which the alien may be
eligible.
(c) Prohibition on Public Benefits, Tax Benefits, and Health Care
Subsidies.--Aliens granted certified agricultural worker or certified
agricultural dependent status shall be considered lawfully present in
the United States for all purposes for the duration of their status,
except that such aliens--
(1) are not eligible for Federal means-tested public
benefits that are unavailable to qualified aliens under section
403 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1613);
(2) are not entitled to the premium assistance tax credit
authorized under section 36B of the Internal Revenue Code of
1986 (26 U.S.C. 36B), and shall be subject to the rules
applicable to individuals who are not lawfully present set
forth in subsection (e) of such section;
(3) shall be subject to the rules applicable to individuals
who are not lawfully present set forth in section 1402(e) of
the Patient Protection and Affordable Care Act (42 U.S.C.
18071(e)); and
(4) shall be subject to the rules applicable to individuals
not lawfully present set forth in section 5000A(d)(3) of the
Internal Revenue Code of 1986 (26 U.S.C. 5000A(d)(3)).
(d) Revocation of Status.--
(1) In general.--The Secretary may revoke certified
agricultural worker or certified agricultural dependent status
if, after providing notice to the alien and the opportunity to
provide evidence to contest the proposed revocation, the
Secretary determines that the alien no longer meets the
eligibility requirements for such status under section 101(b).
(2) Invalidation of documentation.--Upon the Secretary's
final determination to revoke an alien's certified agricultural
worker or certified agricultural dependent status, any
documentation issued by the Secretary to such alien under
subsection (a) shall automatically be rendered invalid for any
purpose except for departure from the United States.
SEC. 103. EXTENSIONS OF CERTIFIED STATUS.
(a) Requirements for Extensions of Status.--
(1) Principal aliens.--The Secretary may extend certified
agricultural worker status for additional periods of five and
one-half years to an alien who submits a completed application,
including the required processing fees, within the 120-day
period beginning 60 days before the expiration of the fifth
year of the immediately preceding grant of certified
agricultural worker status, if the alien--
(A) except as provided in subsection (b), has
performed agricultural labor or services in the United
States for at least 575 hours (or 100 work days) for
each of the prior five years in which the alien held
certified agricultural worker status; and
(B) has not become ineligible for certified
agricultural worker status under section 101(b).
(2) Dependent spouse and children.--The Secretary may grant
or extend certified agricultural dependent status to the spouse
or child of an alien granted an extension of certified
agricultural worker status under paragraph (1) if the spouse or
child is not ineligible for certified agricultural dependent
status under section 101(b).
(3) Waiver for late filings.--The Secretary may waive an
alien's failure to timely file before the expiration of the
120-day period described in paragraph (1) if the alien
demonstrates that the delay was due to extraordinary
circumstances beyond the alien's control or for other good
cause.
(b) Status for Workers With Pending Applications.--
(1) In general.--Certified agricultural worker status of an
alien who timely files an application to extend such status
under subsection (a) (and the status of the alien's dependents)
shall be automatically extended through the date on which the
Secretary makes a final administrative decision regarding such
application.
(2) Documentation of employment authorization.--As soon as
practicable after receipt of an application to extend certified
agricultural worker status under subsection (a), the Secretary
shall issue a document to the alien acknowledging the receipt
of such application. An employer of the worker may not refuse
to accept such document as evidence of employment authorization
under section 274A(b)(1)(C) of the Immigration and Nationality
Act (8 U.S.C. 1324a(b)(1)(C)), pending a final administrative
decision on the application.
(c) Notice.--Prior to denying an application to extend certified
agricultural worker status, the Secretary shall provide the alien
with--
(1) written notice that describes the basis for
ineligibility or the deficiencies of the evidence submitted;
and
(2) at least 90 days to contest ineligibility or submit
additional evidence.
SEC. 104. DETERMINATION OF CONTINUOUS PRESENCE.
(a) Effect of Notice To Appear.--The continuous presence in the
United States of an applicant for certified agricultural worker status
under section 101 shall not terminate when the alien is served a notice
to appear under section 239(a) of the Immigration and Nationality Act
(8 U.S.C. 1229(a)).
(b) Treatment of Certain Breaks in Presence.--
(1) In general.--Except as provided in paragraphs (2) and
(3), an alien shall be considered to have failed to maintain
continuous presence in the United States under this subtitle if
the alien departed the United States for any period exceeding
90 days, or for any periods, in the aggregate, exceeding 180
days.
(2) Extensions for extenuating circumstances.--The
Secretary may extend the time periods described in paragraph
(1) for an alien who demonstrates that the failure to timely
return to the United States was due to extenuating
circumstances beyond the alien's control, including the serious
illness of the alien, or death or serious illness of a spouse,
parent, son or daughter, grandparent, or sibling of the alien.
(3) Travel authorized by the secretary.--Any period of
travel outside of the United States by an alien that was
authorized by the Secretary shall not be counted toward any
period of departure from the United States under paragraph (1).
SEC. 105. EMPLOYER OBLIGATIONS.
(a) Record of Employment.--An employer of an alien in certified
agricultural worker status shall provide such alien with a written
record of employment each year during which the alien provides
agricultural labor or services to such employer as a certified
agricultural worker.
(b) Civil Penalties.--
(1) In general.--If the Secretary determines, after notice
and an opportunity for a hearing, that an employer of an alien
with certified agricultural worker status has knowingly failed
to provide the record of employment required under subsection
(a), or has provided a false statement of material fact in such
a record, the employer shall be subject to a civil penalty in
an amount not to exceed $500 per violation.
(2) Limitation.--The penalty under paragraph (1) for
failure to provide employment records shall not apply unless
the alien has provided the employer with evidence of employment
authorization described in section 102 or 103.
(3) Deposit of civil penalties.--Civil penalties collected
under this paragraph shall be deposited into the Immigration
Examinations Fee Account under section 286(m) of the
Immigration and Nationality Act (8 U.S.C. 1356(m)).
SEC. 106. ADMINISTRATIVE AND JUDICIAL REVIEW.
(a) Administrative Review.--The Secretary shall establish a process
by which an applicant may seek administrative review of a denial of an
application for certified agricultural worker status under this
subtitle, an application to extend such status, or a revocation of such
status.
(b) Admissibility in Immigration Court.--Each record of an alien's
application for certified agricultural worker status under this
subtitle, application to extend such status, revocation of such status,
and each record created pursuant to the administrative review process
under subsection (a) is admissible in immigration court, and shall be
included in the administrative record.
(c) Judicial Review.--Notwithstanding any other provision of law,
judicial review of the Secretary's decision to deny an application for
certified agricultural worker status, an application to extend such
status, or the decision to revoke such status, shall be limited to the
review of an order of removal under section 242 of the Immigration and
Nationality Act (8 U.S.C. 1252).
Subtitle B--Optional Earned Residence for Long-Term Workers
SEC. 111. OPTIONAL ADJUSTMENT OF STATUS FOR LONG-TERM AGRICULTURAL
WORKERS.
(a) Requirements for Adjustment of Status.--
(1) Principal aliens.--The Secretary may adjust the status
of an alien from that of a certified agricultural worker to
that of a lawful permanent resident if the alien submits a
completed application, including the required processing and
penalty fees, and the Secretary determines that--
(A) except as provided in section 126(c), the alien
performed agricultural labor or services for not less
than 575 hours (or 100 work days) each year--
(i) for at least 10 years prior to the date
of the enactment of this Act and for at least 4
years in certified agricultural worker status;
or
(ii) for fewer than 10 years prior to the
date of the enactment of this Act and for at
least 8 years in certified agricultural worker
status; and
(B) the alien has not become ineligible for
certified agricultural worker status under section
101(b).
(2) Dependent aliens.--
(A) In general.--The spouse and each child of an
alien described in paragraph (1) whose status has been
adjusted to that of a lawful permanent resident may be
granted lawful permanent residence under this subtitle
if--
(i) the qualifying relationship to the
principal alien existed on the date on which
such alien was granted adjustment of status
under this subtitle; and
(ii) the spouse or child is not ineligible
for certified agricultural worker dependent
status under section 101(b).
(B) Protections for spouses and children.--The
Secretary of Homeland Security shall establish
procedures to allow the spouse or child of a certified
agricultural worker to self-petition for lawful
permanent residence under this subtitle in cases
involving--
(i) the death of the certified agricultural
worker, so long as the spouse or child submits
a petition not later than 2 years after the
date of the worker's death; or
(ii) the spouse or a child being battered
or subjected to extreme cruelty by the
certified agricultural worker.
(3) Documentation of work history.--An applicant for
adjustment of status under this section shall not be required
to resubmit evidence of work history that has been previously
submitted to the Secretary in connection with an approved
extension of certified agricultural worker status.
(b) Penalty Fee.--In addition to any processing fee that the
Secretary may assess in accordance with section 122(b), a principal
alien seeking adjustment of status under this subtitle shall pay a
$1,000 penalty fee, which shall be deposited into the Immigration
Examinations Fee Account pursuant to section 286(m) of the Immigration
and Nationality Act (8 U.S.C. 1356(m)).
(c) Effect of Pending Application.--During the period beginning on
the date on which an alien applies for adjustment of status under this
subtitle, and ending on the date on which the Secretary makes a final
administrative decision regarding such application, the alien and any
dependents included on the application--
(1) may apply for advance parole, which shall be granted
upon demonstrating a legitimate need to travel outside the
United States for a temporary purpose;
(2) may not be detained by the Secretary or removed from
the United States unless the Secretary makes a prima facie
determination that such alien is, or has become, ineligible for
adjustment of status under subsection (a);
(3) may not be considered unlawfully present under section
212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(9)(B)); and
(4) may not be considered an unauthorized alien (as defined
in section 274A(h)(3) of the Immigration and Nationality Act (8
U.S.C. 1324a(h)(3))).
(d) Evidence of Application Filing.--As soon as practicable after
receiving an application for adjustment of status under this subtitle,
the Secretary shall provide the applicant with a document acknowledging
the receipt of such application. Such document shall serve as interim
proof of the alien's authorization to accept employment in the United
States and shall be accepted by an employer as evidence of employment
authorization under section 274A(b)(1)(C) of the Immigration and
Nationality Act (8 U.S.C. 1324a(b)(1)(C)), pending a final
administrative decision on the application.
(e) Withdrawal of Application.--The Secretary shall, upon receipt
of a request to withdraw an application for adjustment of status under
this subtitle, cease processing of the application, and close the case.
Withdrawal of the application shall not prejudice any future
application filed by the applicant for any immigration benefit under
this Act or under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
SEC. 112. PAYMENT OF TAXES.
(a) In General.--An alien may not be granted adjustment of status
under this subtitle unless the applicant has satisfied any applicable
Federal tax liability.
(b) Compliance.--An alien may demonstrate compliance with
subsection (a) by submitting such documentation as the Secretary, in
consultation with the Secretary of the Treasury, may require by
regulation.
SEC. 113. ADJUDICATION AND DECISION; REVIEW.
(a) In General.--Subject to the requirements of section 123, the
Secretary shall render a decision on an application for adjustment of
status under this subtitle not later than 180 days after the date on
which the application is filed.
(b) Notice.--Prior to denying an application for adjustment of
status under this subtitle, the Secretary shall provide the alien
with--
(1) written notice that describes the basis for
ineligibility or the deficiencies of the evidence submitted;
and
(2) at least 90 days to contest ineligibility or submit
additional evidence.
(c) Administrative Review.--The Secretary shall establish a process
by which an applicant may seek administrative review of a denial of an
application for adjustment of status under this subtitle.
(d) Judicial Review.--Notwithstanding any other provision of law,
an alien may seek judicial review of a denial of an application for
adjustment of status under this title in an appropriate United States
district court.
Subtitle C--General Provisions
SEC. 121. DEFINITIONS.
In this title:
(1) In general.--Except as otherwise provided, any term
used in this title that is used in the immigration laws shall
have the meaning given such term in the immigration laws (as
such term is defined in section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101)).
(2) Agricultural labor or services.--The term
``agricultural labor or services'' means--
(A) agricultural labor or services as such term is
used in section 101(a)(15)(H)(ii) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)),
without regard to whether the labor or services are of
a seasonal or temporary nature; and
(B) agricultural employment as such term is defined
in section 3 of the Migrant and Seasonal Agricultural
Worker Protection Act (29 U.S.C. 1802), without regard
to whether the specific service or activity is
temporary or seasonal.
(3) Applicable federal tax liability.--The term
``applicable Federal tax liability'' means all Federal income
taxes assessed in accordance with section 6203 of the Internal
Revenue Code of 1986 beginning on the date on which the
applicant was authorized to work in the United States as a
certified agricultural worker.
(4) Appropriate united states district court.--The term
``appropriate United States district court'' means the United
States District Court for the District of Columbia or the
United States district court with jurisdiction over the alien's
principal place of residence.
(5) Child.--The term ``child'' has the meaning given such
term in section 101(b)(1) of the Immigration and Nationality
Act (8 U.S.C. 1101(b)(1)).
(6) Convicted or conviction.--The term ``convicted'' or
``conviction'' does not include a judgment that has been
expunged or set aside, that resulted in a rehabilitative
disposition, or the equivalent.
(7) Employer.--The term ``employer'' means any person or
entity, including any farm labor contractor or any agricultural
association, that employs workers in agricultural labor or
services.
(8) Qualified designated entity.--The term ``qualified
designated entity'' means--
(A) a qualified farm labor organization or an
association of employers designated by the Secretary;
or
(B) any other entity that the Secretary designates
as having substantial experience, demonstrated
competence, and a history of long-term involvement in
the preparation and submission of application for
adjustment of status under title II of the Immigration
and Nationality Act (8 U.S.C. 1151 et seq.).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(10) Work day.--The term ``work day'' means any day in
which the individual is employed 5.75 or more hours in
agricultural labor or services.
SEC. 122. RULEMAKING; FEES.
(a) Rulemaking.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall publish in the Federal
Register, an interim final rule implementing this title.
Notwithstanding section 553 of title 5, United States Code, the rule
shall be effective, on an interim basis, immediately upon publication,
but may be subject to change and revision after public notice and
opportunity for comment. The Secretary shall finalize such rule not
later than 1 year after the date of the enactment of this Act.
(b) Fees.--
(1) In general.--The Secretary may require an alien
applying for any benefit under this title to pay a reasonable
fee that is commensurate with the cost of processing the
application.
(2) Fee waiver; installments.--
(A) In general.--The Secretary shall establish
procedures to allow an alien to--
(i) request a waiver of any fee that the
Secretary may assess under this title if the
alien demonstrates to the satisfaction the
Secretary that the alien is unable to pay the
prescribed fee; or
(ii) pay any fee or penalty that the
Secretary may assess under this title in
installments.
(B) Clarification.--Nothing in this section shall
be read to prohibit an employer from paying any fee or
penalty that the Secretary may assess under this title
on behalf of an alien and the alien's spouse or
children.
SEC. 123. BACKGROUND CHECKS.
(a) Submission of Biometric and Biographic Data.--The Secretary may
not grant or extend certified agricultural worker or certified
agricultural dependent status under subtitle A, or grant adjustment of
status to that of a lawful permanent resident under subtitle B, unless
the alien submits biometric and biographic data, in accordance with
procedures established by the Secretary. The Secretary shall provide an
alternative procedure for aliens who cannot provide all required
biometric or biographic data because of a physical impairment.
(b) Background Checks.--The Secretary shall use biometric,
biographic, and other data that the Secretary determines appropriate to
conduct security and law enforcement background checks and to determine
whether there is any criminal, national security, or other factor that
would render the alien ineligible for status under this title. An alien
may not be granted any such status under this title unless security and
law enforcement background checks are completed to the satisfaction of
the Secretary.
SEC. 124. PROTECTION FOR CHILDREN.
(a) In General.--Except as provided in subsection (b), for purposes
of eligibility for certified agricultural dependent status or lawful
permanent resident status under this title, a determination of whether
an alien is a child shall be made using the age of the alien on the
date on which the initial application for certified agricultural worker
status is filed with the Secretary of Homeland Security.
(b) Limitation.--Subsection (a) shall apply for no more than 10
years after the date on which the initial application for certified
agricultural worker status is filed with the Secretary of Homeland
Security.
SEC. 125. LIMITATION ON REMOVAL.
(a) In General.--An alien who appears to be prima facie eligible
for status under this title shall be given a reasonable opportunity to
apply for such status and shall not be placed in removal proceedings or
removed from the United States until a final administrative decision
establishing ineligibility for such status is rendered.
(b) Aliens in Removal Proceedings.--Notwithstanding any other
provision of the law, the Attorney General shall (upon motion by the
Secretary with the consent of the alien, or motion by the alien)
terminate removal proceedings, without prejudice, against an alien who
appears to be prima facie eligible for status under this title, and
provide such alien a reasonable opportunity to apply for such status.
(c) Effect of Final Order.--An alien present in the United States
who has been ordered removed or has been permitted to depart
voluntarily from the United States may, notwithstanding such order or
permission to depart, apply for status under this title. Such alien
shall not be required to file a separate motion to reopen, reconsider,
or vacate the order of removal. If the Secretary approves the
application, the Secretary shall cancel the order of removal. If the
Secretary renders a final administrative decision to deny the
application, the order of removal or permission to depart shall be
effective and enforceable to the same extent as if the application had
not been made, only after all available administrative and judicial
remedies have been exhausted.
(d) Effect of Departure.--Section 101(g) of the Immigration and
Nationality Act (8 U.S.C. 1101(g)) shall not apply to an alien who
departs the United States--
(1) with advance permission to return to the United States
granted by the Secretary under this title; or
(2) after having been granted certified agricultural worker
status or lawful permanent resident status under this title.
SEC. 126. DOCUMENTATION OF AGRICULTURAL WORK HISTORY.
(a) Burden of Proof.--An alien applying for certified agricultural
worker status under subtitle A or adjustment of status under subtitle B
shall provide evidence that the alien has worked the requisite number
of hours or days required under section 101, 103, or 111, as
applicable. The Secretary shall establish special procedures to
properly credit work in cases in which an alien was employed under an
assumed name.
(b) Evidence.--An alien may meet the burden of proof under
subsection (a) by producing sufficient evidence to show the extent of
such employment as a matter of just and reasonable inference. Such
evidence may include--
(1) an annual record of certified agricultural worker
employment as described in section 105(a), or other employment
records from an employer or farm labor contractor;
(2) employment records maintained by collective bargaining
associations;
(3) tax records or other government records;
(4) sworn affidavits from individuals who have direct
knowledge of the alien's work history; or
(5) any other documentation designated by the Secretary for
such purpose.
(c) Exception for Extraordinary Circumstances.--
(1) In general.--In determining whether an alien has met
the requirement under section 103(a)(1)(A) or 111(a)(1)(A), the
Secretary may credit the alien with not more than 575 hours (or
100 work days) of agricultural labor or services in the United
States if the alien was unable to perform the required
agricultural labor or services due to--
(A) pregnancy, illness, disease, disabling injury,
or physical limitation of the alien;
(B) injury, illness, disease, or other special
needs of the alien's child or spouse;
(C) severe weather conditions that prevented the
alien from engaging in agricultural labor or services;
or
(D) termination from agricultural employment, if
the Secretary determines that--
(i) the termination was without just cause;
and
(ii) the alien was unable to find
alternative agricultural employment after a
reasonable job search.
(2) Effect of determination.--A determination under
paragraph (1)(D) shall not be conclusive, binding, or
admissible in a separate or subsequent judicial or
administrative action or proceeding between the alien and a
current or prior employer of the alien or any other party.
SEC. 127. EMPLOYER PROTECTIONS.
(a) Continuing Employment.--An employer that continues to employ an
alien knowing that the alien intends to apply for certified
agricultural worker status under subtitle A shall not violate section
274A(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1324a(a)(2)) by continuing to employ the alien for the duration of the
application period under section 101(c), and with respect to an alien
who applies for certified agricultural status, for the duration of the
period during which the alien's application is pending final
determination.
(b) Use of Employment Records.--Copies of employment records or
other evidence of employment provided by an alien or by an alien's
employer in support of an alien's application for certified
agricultural worker or adjustment of status under this title may not be
used in a civil or criminal prosecution or investigation of that
employer under section 274A of the Immigration and Nationality Act (8
U.S.C. 1324a) or the Internal Revenue Code of 1986 for the prior
unlawful employment of that alien regardless of the outcome of such
application.
(c) Additional Protections.--Employers that provide unauthorized
aliens with copies of employment records or other evidence of
employment in support of an application for certified agricultural
worker status or adjustment of status under this title shall not be
subject to civil and criminal liability pursuant to such section 274A
for employing such unauthorized aliens. Records or other evidence of
employment provided by employers in response to a request for such
records for the purpose of establishing eligibility for status under
this title may not be used for any purpose other than establishing such
eligibility.
(d) Limitation on Protection.--The protections for employers under
this section shall not apply if the employer provides employment
records to the alien that are determined to be fraudulent.
SEC. 128. CORRECTION OF SOCIAL SECURITY RECORDS.
(a) In General.--Section 208(e)(1) of the Social Security Act (42
U.S.C. 408(e)(1)) is amended--
(1) in subparagraph (B)(ii), by striking ``or'' at the end;
(2) in subparagraph (C), by inserting ``or'' at the end;
(3) by inserting after subparagraph (C) the following:
``(D) who is granted certified agricultural worker
status, certified agricultural dependent status, or
lawful permanent resident status under title I of the
Farm Work Modernization Act of 2019,''; and
(4) in the undesignated matter following subparagraph (D),
as added by paragraph (3), by striking ``1990.'' and inserting
``1990, or in the case of an alien described in subparagraph
(D), if such conduct is alleged to have occurred before the
date on which the alien was granted status under title I of the
Farm Work Modernization Act of 2019.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the first day of the seventh month that begins after the
date of the enactment of this Act.
SEC. 129. DISCLOSURES AND PRIVACY.
(a) In General.--The Secretary may not disclose or use information
provided in an application for certified agricultural worker status or
adjustment of status under this title (including information provided
during administrative or judicial review) for the purpose of
immigration enforcement.
(b) Referrals Prohibited.--The Secretary, based solely on
information provided in an application for certified agricultural
worker status or adjustment of status under this title (including
information provided during administrative or judicial review), may not
refer an applicant to U.S. Immigration and Customs Enforcement, U.S.
Customs and Border Protection, or any designee of either such entity.
(c) Exceptions.--Notwithstanding subsections (a) and (b),
information provided in an application for certified agricultural
worker status or adjustment of status under this title may be shared
with Federal security and law enforcement agencies--
(1) for assistance in the consideration of an application
under this title;
(2) to identify or prevent fraudulent claims or schemes;
(3) for national security purposes; or
(4) for the investigation or prosecution of any felony not
related to immigration status.
(d) Penalty.--Any person who knowingly uses, publishes, or permits
information to be examined in violation of this section shall be fined
not more than $10,000.
(e) Privacy.--The Secretary shall ensure that appropriate
administrative and physical safeguards are in place to protect the
security, confidentiality, and integrity of personally identifiable
information collected, maintained, and disseminated pursuant to this
title.
SEC. 130. PENALTIES FOR FALSE STATEMENTS IN APPLICATIONS.
(a) Criminal Penalty.--Any person who--
(1) files an application for certified agricultural worker
status or adjustment of status under this title and knowingly
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
(2) 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,
imprisoned not more than 5 years, or both.
(b) Inadmissibility.--An alien who is convicted under subsection
(a) shall be deemed inadmissible to the United States under section
212(a)(6)(C)(i) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(6)(C)(i)).
(c) Deposit.--Fines collected under subsection (a) shall be
deposited into the Immigration Examinations Fee Account pursuant to
section 286(m) of the Immigration and Nationality Act (8 U.S.C.
1356(m)).
SEC. 131. DISSEMINATION OF INFORMATION.
(a) In General.--Beginning not later than the first day of the
application period described in section 101(c)--
(1) the Secretary of Homeland Security, in cooperation with
qualified designated entities, shall broadly disseminate
information described in subsection (b); and
(2) the Secretary of Agriculture, in consultation with the
Secretary of Homeland Security, shall disseminate to
agricultural employers a document containing the information
described in subsection (b) for posting at employer worksites.
(b) Information Described.--The information described in this
subsection shall include--
(1) the benefits that aliens may receive under this title;
and
(2) the requirements that an alien must meet to receive
such benefits.
SEC. 132. EXEMPTION FROM NUMERICAL LIMITATIONS.
The numerical limitations under title II of the Immigration and
Nationality Act (8 U.S.C. 1151 et seq.) shall not apply to the
adjustment of aliens to lawful permanent resident status under this
title, and such aliens shall not be counted toward any such numerical
limitation.
SEC. 133. REPORTS TO CONGRESS.
Not later than 180 days after the publication of the final rule
under section 122(a), and annually thereafter for the following 10
years, the Secretary shall submit a report to Congress that identifies,
for the previous fiscal year--
(1) the number of principal aliens who applied for
certified agricultural worker status under subtitle A, and the
number of dependent spouses and children included in such
applications;
(2) the number of principal aliens who were granted
certified agricultural worker status under subtitle A, and the
number of dependent spouses and children who were granted
certified agricultural dependent status;
(3) the number of principal aliens who applied for an
extension of their certified agricultural worker status under
subtitle A, and the number of dependent spouses and children
included in such applications;
(4) the number of principal aliens who were granted an
extension of certified agricultural worker status under
subtitle A, and the number of dependent spouses and children
who were granted certified agricultural dependent status under
such an extension;
(5) the number of principal aliens who applied for
adjustment of status under subtitle B, and the number of
dependent spouses and children included in such applications;
(6) the number of principal aliens who were granted lawful
permanent resident status under subtitle B, and the number of
spouses and children who were granted such status as
dependents;
(7) the number of principal aliens included in petitions
described in section 101(e), and the number of dependent
spouses and children included in such applications; and
(8) the number of principal aliens who were granted H-2A
status pursuant to petitions described in section 101(e), and
the number of dependent spouses and children who were granted
H-4 status.
SEC. 134. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.
(a) Establishment.--The Secretary shall establish a program to
award grants, on a competitive basis, to eligible nonprofit
organizations to assist eligible applicants under this title by
providing them with the services described in subsection (c).
(b) Eligible Nonprofit Organization.--For purposes of this section,
the term ``eligible nonprofit organization'' means an organization
described in section 501(c)(3) of the Internal Revenue Code of 1986
(excluding a recipient of funds under title X of the Economic
Opportunity Act of 1964 (42 U.S.C. 2996 et seq.)) that has demonstrated
qualifications, experience, and expertise in providing quality services
to farm workers or aliens.
(c) Use of Funds.--Grant funds awarded under this section may be
used for the design and implementation of programs that provide--
(1) information to the public regarding the eligibility and
benefits of certified agricultural worker status authorized
under this title; and
(2) assistance, within the scope of authorized practice of
immigration law, to individuals submitting applications for
certified agricultural worker status or adjustment of status
under this title, including--
(A) screening prospective applicants to assess
their eligibility for such status;
(B) completing applications, including providing
assistance in obtaining necessary documents and
supporting evidence; and
(C) providing any other assistance that the
Secretary determines useful to assist aliens in
applying for certified agricultural worker status or
adjustment of status under this title.
(d) Source of Funds.--In addition to any funds appropriated to
carry out this section, the Secretary may use up to $10,000,000 from
the Immigration Examinations Fee Account under section 286(m) of the
Immigration and Nationality Act (8 U.S.C. 1356(m)) to carry out this
section.
(e) Eligibility for Services.--Section 504(a)(11) of Public Law
104-134 (110 Stat. 1321-53 et seq.) shall not be construed to prevent a
recipient of funds under title X of the Economic Opportunity Act of
1964 (42 U.S.C. 2996 et seq.) from providing legal assistance directly
related to an application for status under this title or to an alien
granted such status.
SEC. 135. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary, such sums
as may be necessary to implement this title, including any amounts
needed for costs associated with the initiation of such implementation,
for each of fiscal years 2020 through 2022.
TITLE II--ENSURING AN AGRICULTURAL WORKFORCE FOR THE FUTURE
Subtitle A--Reforming the H-2A Temporary Worker Program
SEC. 201. COMPREHENSIVE AND STREAMLINED ELECTRONIC H-2A PLATFORM.
(a) Streamlined H-2A Platform.--
(1) In general.--Not later than 12 months after the date of
the enactment of this Act, the Secretary of Homeland Security,
in consultation with the Secretary of Labor, the Secretary of
Agriculture, the Secretary of State, and United States Digital
Service, shall ensure the establishment of an electronic
platform through which a petition for an H-2A worker may be
filed. Such platform shall--
(A) serve as a single point of access for an
employer to input all information and supporting
documentation required for obtaining labor
certification from the Secretary of Labor and the
adjudication of the H-2A petition by the Secretary of
Homeland Security;
(B) serve as a single point of access for the
Secretary of Homeland Security, the Secretary of Labor,
and State workforce agencies to concurrently perform
their respective review and adjudicatory
responsibilities in the H-2A process;
(C) facilitate communication between employers and
agency adjudicators, including by allowing employers
to--
(i) receive and respond to notices of
deficiency and requests for information;
(ii) submit requests for inspections and
licensing;
(iii) receive notices of approval and
denial; and
(iv) request reconsideration or appeal of
agency decisions; and
(D) provide information to the Secretary of State
and U.S. Customs and Border Protection necessary for
the efficient and secure processing of H-2A visas and
applications for admission.
(2) Objectives.--In developing the platform described in
paragraph (1), the Secretary of Homeland Security, in
consultation with the Secretary of Labor, the Secretary of
Agriculture, the Secretary of State, and United States Digital
Service, shall streamline and improve the H-2A process,
including by--
(A) eliminating the need for employers to submit
duplicate information and documentation to multiple
agencies;
(B) eliminating redundant processes, where a single
matter in a petition is adjudicated by more than one
agency;
(C) reducing the occurrence of common petition
errors, and otherwise improving and expediting the
processing of H-2A petitions; and
(D) ensuring compliance with H-2A program
requirements and the protection of the wages and
working conditions of workers.
(b) Online Job Registry.--The Secretary of Labor shall maintain a
national, publicly accessible online job registry and database of all
job orders submitted by H-2A employers. The registry and database
shall--
(1) be searchable using relevant criteria, including the
types of jobs needed to be filled, the date(s) and location(s)
of need, and the employer(s) named in the job order;
(2) provide an interface for workers in English, Spanish,
and any other language that the Secretary of Labor determines
to be appropriate; and
(3) provide for public access of job orders approved under
section 218(h)(2) of the Immigration and Nationality Act.
SEC. 202. H-2A PROGRAM REQUIREMENTS.
Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188)
is amended to read as follows:
``(a) Labor Certification Conditions.--The Secretary of Homeland
Security may not approve a petition to admit an H-2A worker unless the
Secretary of Labor has certified that--
``(1) there are not sufficient United States workers who
are able, willing and qualified, and who will be available at
the time and place needed, to perform the agricultural labor or
services described in the petition; and
``(2) the employment of the H-2A worker in such labor or
services will not adversely affect the wages and working
conditions of workers in the United States who are similarly
employed.
``(b) H-2A Petition Requirements.--An employer filing a petition
for an H-2A worker to perform agricultural labor or services shall
attest to and demonstrate compliance, as and when appropriate, with all
applicable requirements under this section, including the following:
``(1) Need for labor or services.--The employer has
described the need for agricultural labor or services in a job
order that includes a description of the nature and location of
the work to be performed, the anticipated period or periods
(expected start and end dates) for which the workers will be
needed, and the number of job opportunities in which the
employer seeks to employ the workers.
``(2) Nondisplacement of united states workers.--The
employer has not and will not displace United States workers
employed by the employer during the period of employment of the
H-2A worker and during the 60-day period immediately preceding
such period of employment in the job for which the employer
seeks approval to employ the H-2A worker.
``(3) Strike or lockout.--Each place of employment
described in the petition is not, at the time of filing the
petition and until the petition is approved, subject to a
strike or lockout in the course of a labor dispute.
``(4) Recruitment of united states workers.--The employer
shall engage in the recruitment of United States workers as
described in subsection (c) and shall hire such workers who are
able, willing and qualified, and who will be available at the
time and place needed, to perform the agricultural labor or
services described in the petition. The employer may reject a
United States worker only for lawful, job-related reasons.
``(5) Wages, benefits, and working conditions.--The
employer shall offer and provide, at a minimum, the wages,
benefits, and working conditions required by subsections (d)
through (g) to the H-2A worker and all United States workers
who are similarly employed. The employer--
``(A) shall offer such United States workers not
less than the same benefits, wages, and working
conditions that the employer is offering or will
provide to the H-2A worker; and
``(B) may not impose on such United States workers
any restrictions or obligations that will not be
imposed on the H-2A worker.
``(6) Workers' compensation.--If the job opportunity is not
covered by or is exempt from the State workers' compensation
law, the employer shall 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.
``(7) Compliance with labor and employment laws.--The
employer shall comply with all applicable Federal, State and
local employment-related laws and regulations.
``(c) Recruiting Requirements.--
``(1) In general.--The employer may satisfy the recruitment
requirement described in subsection (b)(4) by satisfying all of
the following:
``(A) Job order.--As provided in subsection (h)(1),
the employer shall complete a job order for posting on
the electronic job registry maintained by the Secretary
of Labor and for distribution by the appropriate State
workforce agency. Such posting shall remain on the job
registry as an active job order through the period
described in paragraph (2)(B).
``(B) Former workers.--At least 45 days before each
start date identified in the petition, the employer
shall--
``(i) make reasonable efforts to contact
any United States worker the employer employed
in the previous year in the same occupation and
area of intended employment for which an H-2A
worker is sought (excluding workers who were
terminated for cause or abandoned the
worksite); and
``(ii) post such job opportunity in a
conspicuous location or locations at the place
of employment.
``(C) Positive recruitment.--During the period of
recruitment, the employer shall complete any other
positive recruitment steps within a multistate region
of traditional or expected labor supply where the
Secretary of Labor finds that there are a significant
number of qualified United States workers who, if
recruited, would be willing to make themselves
available for work at the time and place needed.
``(2) Period of recruitment.--
``(A) In general.--For purposes of this subsection,
the period of recruitment begins on the date on which
the job order is posted on the online job registry and
ends on the date that H-2A workers depart for the
employer's place of employment. For a petition
involving more than 1 start date under subsection
(h)(1)(C), the end of the period of recruitment shall
be determined by the date of departure of the H-2A
workers for the final start date identified in the
petition.
``(B) Requirement to hire united states workers.--
``(i) In general.--Notwithstanding the
limitations of subparagraph (A), the employer
will provide employment to any qualified United
States worker who applies to the employer for
any job opportunity included in the petition
until the later of--
``(I) the date that is 30 days
after the date on which work begins; or
``(II) the date on which--
``(aa) 33 percent of the
work contract for the job
opportunity has elapsed; or
``(bb) if the employer is a
farm labor contractor, 50
percent of the work contract
for the job opportunity has
elapsed.
``(ii) Staggered entry.--For a petition
involving more than 1 start date under
subsection (h)(1)(C), each start date
designated in the petition shall establish a
separate job opportunity. An employer may not
reject a United States worker because the
worker is unable or unwilling to fill more than
1 job opportunity included in the petition.
``(iii) Exception.--Notwithstanding clause
(i), the employer may offer a job opportunity
to an H-2A worker instead of an alien granted
certified agricultural worker status under
title I of the Farm Workforce Modernization Act
of 2019 if the H-2A worker was employed by the
employer in each of 3 years during the most
recent 4-year period.
``(3) Recruitment report.--
``(A) In general.--The employer shall maintain a
recruitment report through the applicable period
described in paragraph (2)(B) and submit regular
updates through the electronic platform on the results
of recruitment. The employer shall retain the
recruitment report, and all associated recruitment
documentation, for a period of 3 years from the date of
certification.
``(B) Burden of proof.--If the employer asserts
that any eligible individual who has applied or been
referred is not able, willing or qualified, the
employer bears the burden of proof to establish that
the individual is not able, willing or qualified
because of a lawful, employment-related reason.
``(d) Wage Requirements.--
``(1) In general.--Each employer under this section will
offer the worker, during the period of authorized employment,
wages that are at least the greatest of--
``(A) the agreed-upon collective bargaining wage;
``(B) the adverse effect wage rate (or any
successor wage established under paragraph (7));
``(C) the prevailing wage (hourly wage or piece
rate); or
``(D) the Federal or State minimum wage.
``(2) Adverse effect wage rate determinations.--
``(A) In general.--Except as provided under
subparagraph (B), the applicable adverse effect wage
rate for each State and occupational classification for
a calendar year shall be as follows:
``(i) The annual average hourly wage for
the occupational classification in the State or
region as reported by the Secretary of
Agriculture based on a wage survey conducted by
such Secretary.
``(ii) If a wage described in clause (i) is
not reported, the national annual average
hourly wage for the occupational classification
as reported by the Secretary of Agriculture
based on a wage survey conducted by such
Secretary.
``(iii) If a wage described in clause (i)
or (ii) is not reported, the statewide annual
average hourly wage for the standard
occupational classification as reported by the
Secretary of Labor based on a wage survey
conducted by such Secretary.
``(iv) If a wage described in clause (i),
(ii), or (iii) is not reported, the national
average hourly wage for the occupational
classification as reported by the Secretary of
Labor.
``(B) Limitations on wage fluctuations.--
``(i) Wage freeze for calendar year 2020.--
For calendar year 2020, the adverse effect wage
rate for each State and occupational
classification under this subsection shall be
the adverse effect wage rate that was in effect
for H-2A workers in the applicable State in
calendar year 2019.
``(ii) Calendar years 2021 through 2029.--
For each of calendar years 2021 through 2029,
the adverse effect wage rate for each State and
occupational classification under this
subsection shall be the wage calculated under
subparagraph (A), except that such wage may
not--
``(I) be more than 1.5 percent
lower than the wage in effect for H-2A
workers in the applicable State and
occupational classification in the
immediately preceding calendar year;
``(II) except as provided in clause
(III), be more than 3.25 percent higher
than the wage in effect for H-2A
workers in the applicable State and
occupational classification in the
immediately preceding calendar year;
and
``(III) if the application of
clause (II) results in a wage that is
lower than 110 percent of the
applicable Federal or State minimum
wage, be more than 4.25 percent higher
than the wage in effect for H-2A
workers in the applicable State and
occupational classification in the
immediately preceding calendar year.
``(iii) Calendar years after 2029.--For any
calendar year after 2029, the applicable wage
rate described in paragraph (1)(B) shall be the
wage rate established pursuant to paragraph
(7)(D). Until such wage rate is effective, the
adverse effect wage rate for each State and
occupational classification under this
subsection shall be the wage calculated under
subparagraph (A), except that such wage may not
be more than 1.5 percent lower or 3.25 percent
higher than the wage in effect for H-2A workers
in the applicable State and occupational
classification in the immediately preceding
calendar year.
``(3) Multiple occupations.--If the primary job duties for
the job opportunity described in the petition do not fall
within a single occupational classification, the applicable
wage rates under subparagraphs (B) and (C) of paragraph (1) for
the job opportunity shall be based on the highest such wage
rates for all applicable occupational classifications.
``(4) Publication; wages in effect.--
``(A) Publication.--Prior to the start of each
calendar year, the Secretary of Labor shall publish the
applicable adverse effect wage rate (or successor wage
rate, if any), and prevailing wage if available, for
each State and occupational classification through
notice in the Federal Register.
``(B) Job orders in effect.--Except as provided in
subparagraph (C), publication by the Secretary of Labor
of an updated adverse effect wage rate or prevailing
wage for a State and occupational classification shall
not affect the wage rate guaranteed in any approved job
order for which recruitment efforts have commenced at
the time of publication.
``(C) Exception for year-round jobs.--If the
Secretary of Labor publishes an updated adverse effect
wage rate or prevailing wage for a State and
occupational classification concerning a petition
described in subsection (i), and the updated wage is
higher than the wage rate guaranteed in the work
contract, the employer shall pay the updated wage not
later than 14 days after publication of the updated
wage in the Federal Register.
``(5) Workers paid on a piece rate or other incentive
basis.--If an employer pays by the piece rate or other
incentive method and requires one or more minimum productivity
standards as a condition of job retention, such standards shall
be specified in the job order and shall be no more than those
normally required (at the time of the first petition for H-2A
workers) by other employers for the activity in the area of
intended employment, unless the Secretary of Labor approves a
higher minimum standard resulting from material changes in
production methods.
``(6) Guarantee of employment.--
``(A) Offer to worker.--The employer shall
guarantee the worker employment for the hourly
equivalent of at least three-fourths of the work days
of the total period of employment, beginning with the
first work day after the arrival of the worker at the
place of employment and ending on the date specified in
the job offer. For purposes of this subparagraph, the
hourly equivalent means the number of hours in the work
days as stated in the job offer and shall exclude the
worker's Sabbath and Federal holidays. If the employer
affords the worker less employment than that required
under this paragraph, the employer shall pay the worker
the amount which the worker would have earned had the
worker, in fact, worked for the guaranteed number of
hours.
``(B) Failure to work.--Any hours which the worker
fails to work, up to a maximum of the number of hours
specified in the job offer for a work day, when the
worker has been offered an opportunity to do so, and
all hours of work actually performed (including
voluntary work in excess of the number of hours
specified in the job offer in a work day, on the
worker's Sabbath, or on Federal holidays) may be
counted by the employer in calculating whether the
period of guaranteed employment has been met.
``(C) Abandonment of employment; termination for
cause.--If the worker voluntarily abandons employment
without good cause before the end of the contract
period, or is terminated for cause, the worker is not
entitled to the guarantee of employment described in
subparagraph (A).
``(D) Contract impossibility.--If, before the
expiration of the period of employment specified in the
job offer, the services of the worker are no longer
required for reasons beyond the control of the employer
due to any form of natural disaster before the
guarantee in subparagraph (A) is fulfilled, the
employer may terminate the worker's employment. In the
event of such termination, the employer shall fulfill
the employment guarantee in subparagraph (A) for the
work days that have elapsed from the first work day
after the arrival of the worker to the termination of
employment. The employer shall make efforts to transfer
a United States worker to other comparable employment
acceptable to the worker. If such transfer is not
affected, the employer shall provide the return
transportation required in subsection (f)(2).
``(7) Wage standards after 2029.--
``(A) Study of adverse effect wage rate.--Beginning
in fiscal year 2026, the Secretary of Agriculture and
Secretary of Labor shall jointly conduct a study that
addresses--
``(i) whether the employment of H-2A
workers has depressed the wages of United
States farm workers;
``(ii) whether an adverse effect wage rate
is necessary to protect the wages of United
States farm workers in occupations in which H-
2A workers are employed;
``(iii) whether alternative wage standards
would be sufficient to prevent wages in
occupations in which H-2A workers are employed
from falling below the wage level that would
have prevailed in the absence of H-2A
employment;
``(iv) whether any changes are warranted in
the current methodologies for calculating the
adverse effect wage rate and the prevailing
wage rate; and
``(v) recommendations for future wage
protection under this section.
``(B) Final report.--Not later than October 1,
2027, the Secretary of Agriculture and Secretary of
Labor shall jointly prepare and submit a report to the
Congress setting forth the findings of the study
conducted under subparagraph (A) and recommendations
for future wage protections under this section.
``(C) Consultation.--In conducting the study under
subparagraph (A) and preparing the report under
subparagraph (B), the Secretary of Agriculture and
Secretary of Labor shall consult with representatives
of agricultural employers and an equal number of
representatives of agricultural workers, at the
national, State and local level.
``(D) Wage determination after 2029.--Upon
publication of the report described in subparagraph
(B), the Secretary of Labor, in consultation with and
the approval of the Secretary of Agriculture, shall
make a rule to establish a process for annually
determining the wage rate for purposes of paragraph
(1)(B) for fiscal years after 2029. Such process shall
be designed to ensure that the employment of H-2A
workers does not undermine the wages and working
conditions of similarly employed United States workers.
``(e) Housing Requirements.--Employers shall furnish housing in
accordance with regulations established by the Secretary of Labor. Such
regulations shall be consistent with the following:
``(1) In general.--The employer shall be permitted at the
employer's option to provide housing meeting applicable Federal
standards for temporary labor camps or to secure housing which
meets the local standards for rental and/or public
accommodations or other substantially similar class of
habitation: Provided, That in the absence of applicable local
standards, State standards for rental and/or public
accommodations or other substantially similar class of
habitation shall be met: Provided further, That in the absence
of applicable local or State standards, Federal temporary labor
camp standards shall apply.
``(2) Prevailing practice.--The employer shall provide
family housing to workers with families who request it when it
is the prevailing practice in the area and occupation of
intended employment to provide family housing.
``(3) United states workers.--Notwithstanding paragraphs
(1) and (2), an employer is not required to provide housing to
United States workers who are reasonably able to return to
their residence within the same day.
``(4) Timing of inspection.--
``(A) In general.--The Secretary of Labor or
designee shall make a determination as to whether the
housing furnished by an employer for a worker meets the
requirements imposed by this subsection prior to the
date on which the Secretary of Labor is required to
make a certification with respect to a petition for the
admission of such worker.
``(B) Timely inspection.--The Secretary of Labor
shall provide a process for--
``(i) an employer to request inspection of
housing up to 60 days before the date on which
the employer will file a petition under this
section; and
``(ii) annual inspection of housing for
workers who are engaged in agricultural
employment that is not of a seasonal or
temporary nature.
``(f) Transportation Requirements.--
``(1) Travel to place of employment.--A worker who
completes 50 percent of the period of employment for 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 place from which the worker came to work
for the employer (or place of last employment, if the worker
traveled from such place) to the place of employment.
``(2) Travel from place of employment.--For a worker who
completes the period of employment for the job opportunity or
who is terminated without cause, the employer shall provide or
pay for the worker's transportation and subsistence from the
place of employment to the place from which the worker,
disregarding intervening employment, came to work for the
employer, 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 need
not exceed the lesser of--
``(i) the actual cost to the worker 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.--If the distance traveled
from the worker's home to the relevant consulate is 50
miles or less, reimbursement for transportation and
subsistence may be based on transportation from the
consulate.
``(g) Heat Illness Prevention Plan.--The employer shall maintain a
reasonable plan that describes the employer's procedures for the
prevention of heat illness, including appropriate training, access to
water and shade, the provision of breaks, and the protocols for
emergency response. Such plan shall--
``(1) be in writing in English and, to the extent
necessary, any language common to a significant portion of the
workers if they are not fluent in English; and
``(2) be posted at a conspicuous location at the worksite
and provided to employees prior to the commencement of labor or
services.
``(h) H-2A Petition Procedures.--
``(1) Submission of petition and job order.--
``(A) In general.--The employer shall submit
information required for the adjudication of the H-2A
petition, including a job order, through the electronic
platform no more than 75 calendar days and no fewer
than 60 calendar days before the employer's first date
of need specified in the petition.
``(B) Filing by agricultural associations.--An
association of agricultural producers that use
agricultural services may file an H-2A petition under
subparagraph (A). If an association is a joint or sole
employer of workers who perform agricultural labor or
services, H-2A workers may be used for the approved job
opportunities of any of the association's producer
members and such workers may be transferred among its
producer members to perform the agricultural labor or
services for which the petition was approved.
``(C) Petitions involving staggered entry.--
``(i) In general.--Except as provided in
clause (ii), an employer may file a petition
involving employment in the same occupational
classification and same area of intended
employment with multiple start dates if--
``(I) the petition involves
temporary or seasonal employment and no
more than 10 start dates;
``(II) the multiple start dates
share a common end date that is no
longer than 1 year after the first
start date;
``(III) no more than 120 days
separate the first start date and the
final start date listed in the
petition; and
``(IV) the need for multiple start
dates arises from variations in labor
needs associated with the job
opportunity identified in the petition.
``(ii) Farm labor contractors.--A farm
labor contractor may not file a petition
described in clause (i) unless the farm labor
contractor--
``(I) is filing as a joint employer
with its contractees, or is operating
in a State in which joint employment
and liability between the farm labor
contractor and its contractees is
otherwise established; or
``(II) has posted and is
maintaining a premium surety bond as
described in subsection (l)(1).
``(2) Labor certification.--
``(A) Review of job order.--
``(i) In general.--The Secretary of Labor,
in consultation with the relevant State
workforce agency, shall review the job order
for compliance with this section and notify the
employer through the electronic platform of any
deficiencies not later than 7 business days
from the date the employer submits the
necessary information required under paragraph
(1)(A). The employer shall be provided 5
business days to respond to any such notice of
deficiency.
``(ii) Standard.--The job order must
include all material terms and conditions of
employment, including the requirements of this
section, and must be otherwise consistent with
the minimum standards provided under Federal,
State or local law. In considering the question
of whether a specific qualification is
appropriate in a job order, the Secretary shall
apply the normal and accepted qualification
required by non-H-2A employers in the same or
comparable occupations and crops.
``(iii) Emergency procedures.--The
Secretary of Labor shall establish emergency
procedures for the curing of deficiencies that
cannot be resolved during the period described
in clause (i).
``(B) Approval of job order.--
``(i) In general.--Upon approval of the job
order, the Secretary of Labor shall immediately
place for public examination a copy of the job
order on the online job registry, and the State
workforce agency serving the area of intended
employment shall commence the recruitment of
United States workers.
``(ii) Referral of united states workers.--
The Department of Labor and State workforce
agency shall keep the job order active until
the end of the period described in subsection
(c)(2) and shall refer to the employer each
United States worker who applies for the job
opportunity.
``(C) Review of information for deficiencies.--
Within 7 business days of the approval of the job
order, the Secretary shall review the information
necessary to make a labor certification and notify the
employer through the electronic platform if such
information does not meet the standards for approval.
Such notification shall include a description of any
deficiency, and the employer shall be provided 5
business days to cure such deficiency.
``(D) Certification and authorization of workers.--
Not later than 30 days before the date that labor or
services are first required to be performed, the
Secretary of Labor shall issue the requested labor
certification if--
``(i) the employer has complied with the
requirements for certification set forth in
this section; and
``(ii) the Secretary of Labor determines
that there are not sufficient qualified,
willing, and available United States workers to
perform the agricultural labor or services as
required by the terms and conditions of the job
offer.
``(E) Expedited administrative appeals of certain
determinations.--The Secretary of Labor shall by
regulation establish a procedure for an employer to
request the expedited review of a denial of a labor
certification under this section, or the revocation of
such a certification. Such procedure shall require the
Secretary to expeditiously, but no later than 72 hours
after expedited review is requested, issue a de novo
determination on a labor certification that was denied
in whole or in part because of the availability of
able, willing and qualified workers if the employer
demonstrates, consistent with subsection (c)(3)(B),
that such workers are not actually available at the
time or place such labor or services are required.
``(3) Petition decision.--
``(A) In general.--Not later than 7 business days
after the Secretary of Labor issues the certification,
the Secretary of Homeland Security shall issue a
decision on the petition and shall transmit a notice of
action to the petitioner via the electronic platform.
``(B) Approval.--Upon approval of a petition under
this section, the Secretary of Homeland Security shall
ensure that such approval is noted in the electronic
platform and is available to the Secretary of State and
U.S. Customs and Border Protection, as necessary, to
facilitate visa issuance and admission.
``(C) Partial approval.--A petition for multiple
named beneficiaries may be partially approved with
respect to eligible beneficiaries notwithstanding the
ineligibility, or potential ineligibility, of one or
more other beneficiaries.
``(D) Post-certification amendments.--The Secretary
of Labor shall provide a process for amending a request
for labor certification in conjunction with an H-2A
petition, subsequent to certification by the Secretary
of Labor, in cases in which the requested amendment
does not materially change the petition (including the
job order).
``(4) Roles of agricultural associations.--
``(A) Member's violation does not necessarily
disqualify association or other members.--If an
individual producer member of a joint employer
association is determined to have committed an act that
results in the denial of a petition with respect to the
member, the denial shall apply only to that member of
the association unless the Secretary of Labor
determines that the association or other member
participated in, had knowledge of, or reason to know
of, the violation.
``(B) Association's violation does not necessarily
disqualify members.--
``(i) If an association representing
agricultural producers as a joint employer is
determined to have committed an act that
results in the denial of a petition with
respect to the association, the denial shall
apply only to the association and does not
apply to any individual producer member of the
association unless the Secretary of Labor
determines that the member participated in, had
knowledge of, or reason to know of, the
violation.
``(ii) If an association of agricultural
producers certified as a sole employer is
determined to have committed an act that
results in the denial of a petition with
respect to the association, no individual
producer member of such association may be the
beneficiary of the services of H-2A workers in
the commodity and occupation in which such
aliens were employed by the association which
was denied during the period such denial is in
force, unless such producer member employs such
aliens in the commodity and occupation in
question directly or through an association
which is a joint employer of such workers with
the producer member.
``(5) Special procedures.--The Secretary of Labor, in
consultation with the Secretary of Agriculture and Secretary of
Homeland Security, may by regulation establish alternate
procedures that reasonably modify program requirements under
this section, when the Secretary determines that such
modifications are required due to the unique nature of the work
involved.
``(6) Construction occupations.--
``(A) In general.--Unless the employer is an
agricultural producer, an employer may not file a
petition under this section on behalf of a worker when
the majority of the worker's duties will fall within a
construction or extraction occupational classification.
``(B) Clarification.--An H-2A worker may only
perform duties that fall within a construction or
extraction occupational classification if such duties
are agricultural labor or services.
``(i) Non-Temporary or -Seasonal Needs.--
``(1) In general.--Notwithstanding section
101(a)(15)(H)(ii)(a), the Secretary of Homeland Security may,
consistent with the provisions of this subsection, approve a
petition for an H-2A worker to perform agricultural services or
labor that is not of a temporary or seasonal nature.
``(2) Numerical limitations.--
``(A) First 3 fiscal years.--The total number of
aliens who may be issued visas or otherwise provided H-
2A nonimmigrant status under paragraph (1) for the
first fiscal year during which the first visa is issued
under such paragraph and for each of the following two
fiscal years may not exceed 20,000.
``(B) Fiscal years 4 through 10.--
``(i) In general.--The total number of
aliens who may be issued visas or otherwise
provided H-2A nonimmigrant status under
paragraph (1) for the first fiscal year
following the fiscal years referred to in
subparagraph (A) and for each of the following
six fiscal years may not exceed a numerical
limitation jointly imposed by the Secretary of
Agriculture and Secretary of Labor in
accordance with clause (ii).
``(ii) Annual adjustments.--For each fiscal
year referred to in clause (i), the Secretary
of Agriculture and Secretary of Labor, in
consultation with the Secretary of Homeland
Security, shall establish a numerical
limitation for purposes of clause (i). Such
numerical limitation may not be lower 20,000
and may not vary by more than 12.5 percent
compared to the numerical limitation applicable
to the immediately preceding fiscal year. In
establishing such numerical limitation, the
Secretaries shall consider appropriate factors,
including--
``(I) a demonstrated shortage of
agricultural workers;
``(II) the level of unemployment
and underemployment of agricultural
workers during the preceding fiscal
year;
``(III) the number of H-2A workers
sought by employers during the
preceding fiscal year to engage in
agricultural labor or services not of a
temporary or seasonal nature;
``(IV) the number of such H-2A
workers issued a visa in the most
recent fiscal year who remain in the
United States in compliance with the
terms of such visa;
``(V) the estimated number of
United States workers, including
workers who obtained certified
agricultural worker status under title
I of the Farm Workforce Modernization
Act of 2019, who worked during the
preceding fiscal year in agricultural
labor or services not of a temporary or
seasonal nature;
``(VI) the number of such United
States workers who accepted jobs
offered by employers using the online
job registry during the preceding
fiscal year;
``(VII) any growth or contraction
of the United States agricultural
industry that has increased or
decreased the demand for agricultural
workers; and
``(VIII) any changes in the real
wages paid to agricultural workers in
the United States as an indication of a
shortage or surplus of agricultural
labor.
``(C) Subsequent fiscal years.--For each fiscal
year following the fiscal years referred to in
subparagraph (B), the Secretary of Agriculture and
Secretary of Labor shall jointly determine, in
consultation with the Secretary of Homeland Security,
and after considering appropriate factors, including
those factors listed in subclauses (I) through (VIII)
of subparagraph (B)(ii), whether to establish a
numerical limitation for that fiscal year. If a
numerical limitation is so established--
``(i) such numerical limitation may not be
lower than highest number of aliens admitted
under this subsection in any of the three
fiscal years immediately preceding the fiscal
year for which the numerical limitation is to
be established; and
``(ii) the total number of aliens who may
be issued visas or otherwise provided H-2A
nonimmigrant status under paragraph (1) for
that fiscal year may not exceed such numerical
limitation.
``(D) Emergency procedures.--The Secretary of
Agriculture and Secretary of Labor, in consultation
with the Secretary of Homeland Security, shall jointly
establish by regulation procedures for immediately
adjusting a numerical limitation imposed under
subparagraph (B) or (C) to account for significant
labor shortages.
``(3) Allocation of visas.--
``(A) Bi-annual allocation.--The annual allocation
of visas described in paragraph (2) shall be evenly
allocated between two halves of the fiscal year unless
the Secretary of Homeland Security, in consultation
with the Secretary of Agriculture and Secretary of
Labor, determines that an alternative allocation would
better accommodate demand for visas. Any unused visas
in the first half of the fiscal year shall be added to
the allocation for the subsequent half of the same
fiscal year.
``(B) Reserve for dairy labor or services.--
``(i) In general.--Of the visa numbers made
available in each half of the fiscal year
pursuant to subparagraph (A), 50 percent of
such visas shall be reserved for employers
filing petitions seeking H-2A workers to engage
in agricultural labor or services in the dairy
industry.
``(ii) Exception.--If, after four months
have elapsed in one half of the fiscal year,
the Secretary of Homeland Security determines
that application of clause (i) will result in
visas going unused during that half of the
fiscal year, clause (i) shall not apply to
visas under this paragraph during the remainder
of such calendar half.
``(4) Annual round trip home.--
``(A) In general.--In addition to the other
requirements of this section, an employer shall provide
H-2A workers employed under this subsection, at no cost
to such workers, with annual round trip travel,
including transportation and subsistence during travel,
to their homes in their communities of origin. The
employer must provide such travel within 14 months of
the initiation of the worker's employment, and no more
than 14 months can elapse between each required period
of travel.
``(B) Limitation.--The cost of travel under
subparagraph (A) need not exceed the lesser of--
``(i) the actual cost to the worker of the
transportation and subsistence involved; or
``(ii) the most economical and reasonable
common carrier transportation charges and
subsistence costs for the distance involved.
``(5) Family housing.--An employer seeking to employ an H-
2A worker pursuant to this subsection shall offer family
housing to workers with families if such workers are engaged in
agricultural employment that is not of a seasonal or temporary
nature. The worker may reject such an offer. The employer may
not charge the worker for the worker's housing, except that if
the worker accepts family housing, a prorated rent based on the
fair market value for such housing may be charged for the
worker's family members.
``(6) Workplace safety plan for dairy employees.--
``(A) In general.--If an employer is seeking to
employ a worker in agricultural labor or services in
the dairy industry pursuant to this subsection, the
employer must report incidents consistent with the
requirements under section 1904.39 of title 29, Code of
Federal Regulations, and maintain an effective worksite
safety and compliance plan to prevent workplace
accidents and otherwise ensure safety. Such plan
shall--
``(i) be in writing in English and, to the
extent necessary, any language common to a
significant portion of the workers if they are
not fluent in English; and
``(ii) be posted at a conspicuous location
at the worksite and provided to employees prior
to the commencement of labor or services.
``(B) Contents of plan.--The Secretary of Labor, in
consultation with the Secretary of Agriculture, shall
establish by regulation the minimum requirements for
the plan described in subparagraph (A). Such plan shall
include measures to--
``(i) require workers (other than the
employer's family members) whose positions
require contact with animals to complete animal
care training, including animal handling and
job-specific animal care;
``(ii) protect against sexual harassment
and violence, resolve complaints involving
harassment or violence, and protect against
retaliation against workers reporting
harassment or violence; and
``(iii) contain other provisions necessary
for ensuring workplace safety, as determined by
the Secretary of Labor, in consultation with
the Secretary of Agriculture.
``(j) Eligibility for H-2A Status and Admission to the United
States.--
``(1) Disqualification.--An alien shall be ineligible for
admission to the United States as an H-2A worker pursuant to a
petition filed under this section if the alien was admitted to
the United States as an H-2A worker within the past 5 years of
the date the petition was filed and--
``(A) violated a material provision of this
section, including the requirement to promptly depart
the United States when the alien's authorized period of
admission has expired, unless the alien has good cause
for such failure to depart; or
``(B) otherwise violated a term or condition of
admission into the United States as an H-2A worker.
``(2) Visa validity.--A visa issued to an H-2A worker shall
be valid for three years and shall allow for multiple entries
during the approved period of admission.
``(3) Period of authorized stay; admission.--
``(A) In general.--An alien admissible as an H-2A
worker shall be authorized to stay in the United States
for the period of employment specified in the petition
approved by the Secretary of Homeland Security under
this section. The maximum continuous period of
authorized stay for an H-2A worker is 36 months.
``(B) Requirement to remain outside the united
states.--In the case of an H-2A worker whose maximum
continuous period of authorized stay (including any
extensions) has expired, the alien may not again be
eligible for such stay until the alien remains outside
the United States for a cumulative period of at least
45 days.
``(C) Exceptions.--The Secretary of Homeland
Security shall deduct absences from the United States
that take place during an H-2A worker's period of
authorized stay from the period that the alien is
required to remain outside the United States under
subparagraph (B), if the alien or the alien's employer
requests such a deduction, and provides clear and
convincing proof that the alien qualifies for such a
deduction. Such proof shall consist of evidence
including, but not limited to, arrival and departure
records, copies of tax returns, and records of
employment abroad.
``(D) Admission.--In addition to the maximum
continuous period of authorized stay, an H-2A worker's
authorized period of admission shall include an
additional period of 10 days prior to the beginning of
the period of employment for the purpose of traveling
to the place of employment and 45 days at the end of
the period of employment for the purpose of traveling
home or seeking an extension of status based on a
subsequent offer of employment if the worker has not
reached the maximum continuous period of authorized
stay under subparagraph (A) (subject to the exceptions
in subparagraph (C)).
``(4) Continuing h-2a workers.--
``(A) Successive employment.--An H-2A worker is
authorized to start new or concurrent employment upon
the filing of a nonfrivolous H-2A petition, or as of
the requested start date, whichever is later if--
``(i) the petition to start new or
concurrent employment was filed prior to the
expiration of the H-2A worker's period of
admission as defined in paragraph (3)(D); and
``(ii) the H-2A worker has not been
employed without authorization in the United
States from the time of last admission to the
United States in H-2A status through the filing
of the petition for new employment.
``(B) Protection due to immigrant visa backlogs.--
Notwithstanding the limitations on the period of
authorized stay described in paragraph (3), any H-2A
worker who--
``(i) is the beneficiary of an approved
petition, filed under section 204(a)(1)(E) or
(F) for preference status under section
203(b)(3)(A)(iii); and
``(ii) is eligible to be granted such
status but for the annual limitations on visas
under section 203(b)(3)(A),
may apply for, and the Secretary of Homeland Security
may grant, an extension of such nonimmigrant status
until the Secretary of Homeland Security issues a final
administrative decision on the alien's application for
adjustment of status or the Secretary of State issues a
final decision on the alien's application for an
immigrant visa.
``(5) Abandonment of employment.--
``(A) In general.--Except as provided in
subparagraph (B), an H-2A worker who abandons the
employment which was the basis for the worker's
authorized stay, without good cause, shall be
considered to have failed to maintain H-2A status and
shall depart the United States or be subject to removal
under section 237(a)(1)(C)(i).
``(B) Grace period to secure new employment.--An H-
2A worker shall not be considered to have failed to
maintain H-2A status solely on the basis of a cessation
of the employment on which the alien's classification
was based for a period of 45 consecutive days, or until
the end of the authorized validity period, whichever is
shorter, once during each authorized validity period.
``(k) Required Disclosures.--
``(1) Disclosure of work contract.--Not later than the time
the H-2A worker applies for a visa, the employer shall provide
the worker with a copy of the work contract that includes the
disclosures and rights under this section (or in the absence of
such a contract, a copy of the job order and proof of the
certification described in subparagraphs (B) and (D) of
subsection (h)(2)). An H-2A worker moving from one H-2A
employer to a subsequent H-2A employer shall be provided with a
copy of the new employment contract no later than the time an
offer of employment is made by the subsequent employer.
``(2) Hours and earnings statements.--The employer shall
furnish to H-2A workers, on or before each payday, in one or
more written statements--
``(A) the worker's total earnings for the pay
period;
``(B) the worker's hourly rate of pay, piece rate
of pay, or both;
``(C) the hours of employment offered to the worker
and the hours of employment actually worked;
``(D) if piece rates of pay are used, the units
produced daily;
``(E) an itemization of the deductions made from
the worker's wages; and
``(F) any other information required by Federal,
State or local law.
``(3) Notice of worker rights.--The employer must post and
maintain in a conspicuous location at the place of employment,
a poster provided by the Secretary of Labor in English, and, to
the extent necessary, any language common to a significant
portion of the workers if they are not fluent in English, which
sets out the rights and protections for workers employed
pursuant to this section.
``(l) Farm Labor Contractors; Foreign Labor Recruiters; Prohibition
on Fees.--
``(1) Farm labor contractors.--
``(A) Surety bond.--An employer that is a farm
labor contractor who seeks to employ H-2A workers shall
post or maintain a surety bond in an amount required
under subparagraph (B). Such bond shall be payable to
the Secretary of Labor or pursuant to the resolution of
a civil or criminal proceeding, for the payment of
wages and benefits, including any assessment of
interest, owed to an H-2A worker or a similarly
employed United States worker, or a United States
worker who has been rejected or displaced in violation
of this section.
``(B) Amount of bond.--The Secretary of Labor shall
annually publish in the Federal Register a schedule of
required bond amounts that are determined by such
Secretary to be sufficient for farm labor contractors
to discharge financial obligations under this section
based on the number of workers the farm labor
contractor seeks to employ and the wages such workers
are required to be paid.
``(C) Premium bond.--A farm labor contractor
seeking to file a petition involving more than 1 start
date under subsection (h)(1)(C) shall post and maintain
a surety bond that is at least 15 percent higher than
the applicable bond amount determined by the Secretary
under subparagraph (B).
``(D) Use of funds.--Any sums paid to the Secretary
under subparagraph (A) that are not paid to a worker
because of the inability to do so within a period of 5
years following the date of a violation giving rise to
the obligation to pay shall remain available to the
Secretary without further appropriation until expended
to support the enforcement of this section.
``(2) Foreign labor recruiting.--If the employer has
retained the services of a foreign labor recruiter, the
employer shall use a foreign labor recruiter registered under
section 251 of the Farm Workforce Modernization Act of 2019.
``(3) Prohibition against employees paying fees.--Neither
the employer nor its agents shall seek or receive payment of
any kind from any worker for any activity related to the H-2A
process, including payment of the employer's attorneys' fees,
application fees, or recruitment costs. An employer and its
agents may receive reimbursement for costs that are the
responsibility and primarily for the benefit of the worker,
such as government-required passport fees.
``(4) Third-party contracts.--The contract between an
employer and any farm labor contractor or any foreign labor
recruiter (or any agent of such farm labor contractor or
foreign labor recruiter) whom the employer engages shall
include a term providing for the termination of such contract
for cause if the contractor or recruiter, either directly or
indirectly, in the placement or recruitment of H-2A workers
seeks or receives payments or other compensation from
prospective employees. Upon learning that a farm labor
contractor or foreign labor recruiter has sought or collected
such payments, the employer shall so terminate any contracts
with such contractor or recruiter.
``(m) Enforcement Authority.--
``(1) In general.--The Secretary of Labor is authorized to
take such actions against employers, including imposing
appropriate penalties and seeking monetary and injunctive
relief and specific performance of contractual obligations, as
may be necessary to ensure compliance with the requirements of
this section and with the applicable terms and conditions of
employment.
``(2) Complaint process.--
``(A) Process.--The Secretary of Labor shall
establish a process for the receipt, investigation, and
disposition of complaints alleging failure of an
employer to comply with the requirements under this
section and with the applicable terms and conditions of
employment.
``(B) Filing.--A complaint referred to in
subparagraph (A) may be filed not later than 2 years
after the date of the conduct that is the subject of
the complaint.
``(C) Complaint not exclusive.--A complaint filed
under this paragraph is not an exclusive remedy and the
filing of such a complaint does not waive any rights or
remedies of the aggrieved party under this law or other
laws.
``(D) Decision and remedies.--If the Secretary of
Labor finds, after notice and opportunity for a
hearing, that the employer failed to comply with the
requirements of this section or the terms and
conditions of employment, the Secretary of Labor may
require payment of unpaid wages, unpaid benefits, fees
assessed in violation of this section, damages, and
civil money penalties. The Secretary is also authorized
to impose other administrative remedies, including
disqualification of the employer from utilizing the H-
2A program for a period of up to 5 years in the event
of willful or multiple material violations. The
Secretary is authorized to permanently disqualify an
employer from utilizing the H-2A program upon a
subsequent finding involving willful or multiple
material violations.
``(E) Disposition of penalties.--Civil penalties
collected under this paragraph shall be deposited into
the H-2A Labor Certification Fee Account established
under section 203 of the Farm Workforce Modernization
Act of 2019.
``(3) Statutory construction.--Nothing in this subsection
may be construed as limiting the authority of the Secretary of
Labor to conduct an investigation--
``(A) under any other law, including any law
affecting migrant and seasonal agricultural workers; or
``(B) in the absence of a complaint.
``(4) Retaliation prohibited.--It is a violation of this
subsection for any person who has filed a petition under this
section to intimidate, threaten, restrain, coerce, blacklist,
discharge, or in any other manner discriminate against, or to
cause any person to intimidate, threaten, restrain, coerce,
blacklist, or in any manner discriminate against, an employee,
including a former employee or an applicant for employment,
because the employee--
``(A) has disclosed information to the employer, or
to any other person, that the employee reasonably
believes evidences a violation under this section, or
any rule or regulation relating to this section;
``(B) has filed a complaint concerning the
employer's compliance with the requirements under this
section or any rule or regulation pertaining to this
section;
``(C) cooperates or seeks to cooperate in an
investigation or other proceeding concerning the
employer's compliance with the requirements under this
section or any rule or regulation pertaining to this
section; or
``(D) has taken steps to exercise or assert any
right or protection under the provisions of this
section, or any rule or regulation pertaining to this
section, or any other relevant Federal, State, or local
law.
``(5) Interagency communication.--The Secretary of Labor,
in consultation with the Secretary of Homeland Security,
Secretary of State and the Equal Employment Opportunity
Commission, shall establish mechanisms by which the agencies
and their components share information, including by public
electronic means, regarding complaints, studies,
investigations, findings and remedies regarding compliance by
employers with the requirements of the H-2A program and other
employment-related laws and regulations.
``(n) Definitions.--In this section:
``(1) Displace.--The term `displace' means to lay off a
similarly employed United States worker, other than for lawful
job-related reasons, in the occupation and area of intended
employment for the job for which H-2A workers are sought.
``(2) H-2A worker.--The term `H-2A worker' means a
nonimmigrant described in section 101(a)(15)(H)(ii)(a).
``(3) Job order.--The term `job order' means the document
containing the material terms and conditions of employment
relating to wages, hours, working conditions, worksite and
other benefits, including obligations and assurances required
under this section.
``(4) Online job registry.--The term `online job registry'
means the online job registry of the Secretary of Labor
required under section 201(b) of the Farm Workforce
Modernization Act of 2019 (or similar successor registry).
``(5) Similarly employed.--The term `similarly employed',
in the case of a worker, means a worker in the same
occupational classification as the classification or
classifications for which the H-2A worker is sought.
``(6) United states worker.--The term `United States
worker' means any worker who is--
``(A) a citizen or national of the United States;
``(B) an alien who is lawfully admitted for
permanent residence, is admitted as a refugee under
section 207, is granted asylum under section 208, or is
an immigrant otherwise authorized to be employed in the
United States;
``(C) an alien granted certified agricultural
worker status under title I of the Farm Workforce
Modernization Act of 2019; or
``(D) an individual who is not an unauthorized
alien (as defined in section 274A(h)(3)) with respect
to the employment in which the worker is engaging.
``(o) Fees; Authorization of Appropriations.--
``(1) Fees.--
``(A) In general.--The Secretary of Homeland
Security shall impose a fee to process petitions under
this section. Such fee shall be set at a level that is
sufficient to recover the reasonable costs of
processing the petition, including the reasonable costs
of providing labor certification by the Secretary of
Labor.
``(B) Distribution.--Fees collected under
subparagraph (A) shall be deposited as offsetting
receipts into the immigration examinations fee account
in section 286(m), except that the portion of fees
assessed for the Secretary of Labor shall be deposited
into the H-2A Labor Certification Fee Account
established pursuant to section 203(c) of the Farm
Workforce Modernization Act of 2019.
``(2) Appropriations.--There are authorized to be
appropriated for each fiscal year such sums as necessary for
the purposes of--
``(A) recruiting United States workers for labor or
services which might otherwise be performed by H-2A
workers, including by ensuring that State workforce
agencies are sufficiently funded to fulfill their
functions under this section;
``(B) enabling the Secretary of Labor to make
determinations and certifications under this section
and under section 212(a)(5)(A)(i);
``(C) monitoring the terms and conditions under
which H-2A workers (and United States workers employed
by the same employers) are employed in the United
States; and
``(D) enabling the Secretary of Agriculture to
carry out the Secretary of Agriculture's duties and
responsibilities under this section.''.
SEC. 203. AGENCY ROLES AND RESPONSIBILITIES.
(a) Responsibilities of the Secretary of Labor.--With respect to
the administration of the H-2A program, the Secretary of Labor shall be
responsible for--
(1) consulting with State workforce agencies to--
(A) review and process job orders;
(B) facilitate the recruitment and referral of
able, willing and qualified United States workers who
will be available at the time and place needed;
(C) determine prevailing wages and practices; and
(D) conduct timely inspections to ensure compliance
with applicable Federal, State, or local housing
standards and Federal regulations for H-2A housing;
(2) determining whether the employer has met the conditions
for approval of the H-2A petition described in section 218(a)
of the Immigration and Nationality Act (8 U.S.C. 1188(a));
(3) determining, in consultation with the Secretary of
Agriculture, whether a job opportunity is of a seasonal or
temporary nature;
(4) determining whether the employer has complied or will
comply with the H-2A program requirements set forth in section
218(b) of the Immigration and Nationality Act (8 U.S.C.
1188(b));
(5) processing and investigating complaints consistent with
section 218(m)(2) of the Immigration and Nationality Act (8
U.S.C. 1188(m)(2)); and
(6) ensuring that guidance to State workforce agencies to
conduct wage surveys is regularly updated.
(b) Responsibilities of the Secretary of Homeland Security.--With
respect to the administration of the H-2A program, the Secretary of
Homeland Security shall be responsible for--
(1) adjudicating petitions for the admission of H-2A
workers, which shall include an assessment as to whether each
beneficiary will be employed in accordance with the terms and
conditions of the certification and whether the named
beneficiaries qualify for such employment;
(2) transmitting a copy of the final decision on the
petition to the employer, and in the case of approved
petitions, ensuring that the petition approval is reflected in
the electronic platform to facilitate the prompt issuance of a
visa by the Department of State (if required) and the admission
of the H-2A workers to the United States; and
(3) establishing a reliable and secure method through which
H-2A workers can access information about their H-2A visa
status, including information on pending, approved, or denied
petitions to extend such status.
(c) Establishment of Account and Use of Funds.--
(1) Establishment of account.--There is established in the
general fund of the Treasury a separate account, which shall be
known as the ``H-2A Labor Certification Fee Account''.
Notwithstanding any other provisions of law, there shall be
deposited as offsetting receipts into the account all amounts--
(A) collected as a civil penalty under section
218(m)(2)(E) of the Immigration and Nationality Act;
and
(B) collected as a fee under section 218(o)(1)(B)
of the Immigration and Nationality Act.
(2) Use of fees.--Amounts deposited into the H-2A Labor
Certification Fee Account shall be available (except as
otherwise provided in this paragraph) without fiscal year
limitation and without the requirement for specification in
appropriations acts to the Secretary of Labor for use, directly
or through grants, contracts, or other arrangements, in such
amounts as the Secretary of Labor determines are necessary for
the costs of Federal and State administration in carrying out
activities in connection with labor certification under section
218 of the Immigration and Nationality Act. Such costs may
include personnel salaries and benefits, equipment and
infrastructure for adjudication and customer service processes,
the operation and maintenance of an on-line job registry, and
program integrity activities. The Secretary, in determining
what amounts to transfer to States for State administration in
carrying out activities in connection with labor certification
under section 218 of the Immigration and Nationality Act shall
consider the number of H-2A workers employed in that State and
shall adjust the amount transferred to that State accordingly.
In addition, 10 percent of the amounts deposited into the H-2A
Labor Certification Fee Account shall be available to the
Office of Inspector General of the Department of Labor to
conduct audits and criminal investigations relating to such
foreign labor certification programs.
(3) Additional funds.--Amounts available under paragraph
(1) shall be available in addition to any other funds
appropriated or made available to the Department of Labor under
other laws, including section 218(o)(2) of the Immigration and
Nationality Act.
SEC. 204. WORKER PROTECTION AND COMPLIANCE.
(a) Equality of Treatment.--H-2A workers shall not be denied any
right or remedy under any Federal, State, or local labor or employment
law applicable to United States workers engaged in agricultural
employment.
(b) Applicability of Other Laws.--
(1) Migrant and seasonal agricultural worker protection
act.--H-2A workers shall be considered migrant agricultural
workers for purposes of the Migrant and Seasonal Agricultural
Worker Protection Act (29 U.S.C. 1801 et seq.).
(2) Waiver of rights prohibited.--Agreements by H-2A
workers to waive or modify any rights or protections under this
Act or section 218 of the Immigration and Nationality Act (8
U.S.C. 1188) shall be considered void or contrary to public
policy except as provided in a collective bargaining agreement
with a bona fide labor organization.
(3) Mediation.--
(A) Free mediation services.--The Federal Mediation
and Conciliation Service shall be available to assist
in resolving disputes arising under this section
between H-2A workers and agricultural employers without
charge to the parties.
(B) Complaint.--If an H-2A worker files a civil
action alleging one or more violations of section 218
of the Immigration and Nationality Act (8 U.S.C. 1188),
the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.), or the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1801 et seq.), not later than
60 days after the filing of proof of service of the
complaint, a party to the action may file a request
with the Federal Mediation and Conciliation Service to
assist the parties in reaching a satisfactory
resolution of all issues involving all parties to the
dispute.
(C) Notice.--Upon filing a request under
subparagraph (B) and giving of notice to the parties,
the parties shall attempt mediation within the period
specified in subparagraph (D), except that nothing in
this paragraph shall limit the ability of a court to
order preliminary injunctive relief to protect health
and safety.
(D) 90-day limit.--The Federal Mediation and
Conciliation Service may conduct mediation or other
nonbinding dispute resolution activities for a period
not to exceed 90 days beginning on the date on which
the Federal Mediation and Conciliation Service receives
a request for assistance under subparagraph (B) unless
the parties agree to an extension of such period.
(E) Authorization of appropriations.--
(i) In general.--Subject to clause (ii),
there is authorized to be appropriated to the
Federal Mediation and Conciliation Service,
$500,000 for each fiscal year to carry out this
subparagraph.
(ii) Mediation.--Notwithstanding any other
provision of law, the Director of the Federal
Mediation and Conciliation Service is
authorized--
(I) to conduct the mediation or
other dispute resolution activities
from any other account containing
amounts available to the Director; and
(II) to reimburse such account with
amounts appropriated pursuant to clause
(i).
(F) Private mediation.--If all parties agree, a
private mediator may be employed as an alternative to
the Federal Mediation and Conciliation Service.
(c) Labor Contractor Requirements.--
(1) Surety bonds.--
(A) Requirement.--Section 101 of the Migrant and
Seasonal Agricultural Worker Protection Act (29 U.S.C.
1811), is amended by adding at the end the following:
``(e) A farm labor contractor shall post and at all times maintain
a surety bond in an amount determined by the Secretary to be sufficient
for ensuring the ability of the farm labor contractor to discharge its
financial obligations, including payment of wages and benefits to
employees. Such a bond shall be available to satisfy any amounts
ordered to be paid by the Secretary or by court order for failure to
comply with the obligations of this Act. The Secretary of Labor shall
annually publish in the Federal Register a schedule of required bond
amounts that are determined by such Secretary to be sufficient for farm
labor contractors to discharge financial obligations based on the
number of workers the farm labor contractor seeks to employ and the
wages such workers are required to be paid.''.
(B) Registration determinations.--Section 103(a) of
the Migrant and Seasonal Agricultural Worker Protection
Act (29 U.S.C. 1813(a)), is amended--
(i) in paragraph (4), by striking ``or'' at
the end;
(ii) in paragraph (5)(B), by striking the
period at the end and inserting ``;''; and
(iii) by adding at the end the following:
``(6) has failed to post or maintain a surety bond in
compliance with section 101(e); or
``(7) has been disqualified by the Secretary of Labor from
importing nonimmigrants described in section 101(a)(15)(H)(ii)
of the Immigration and Nationality Act.''.
(2) Successors in interest.--
(A) Declaration.--Section 102 of the Migrant and
Seasonal Agricultural Worker Protection Act (29 U.S.C.
1812), is amended--
(i) in paragraph (4), by striking ``and''
at the end;
(ii) in paragraph (5), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(6) a declaration, subscribed and sworn to by the
applicant, stating whether the applicant has a familial,
contractual, or employment relationship with, or shares
vehicles, facilities, property, or employees with, a person who
has been refused issuance or renewal of a certificate, or has
had a certificate suspended or revoked, pursuant to section
103.''.
(B) Rebuttable presumption.--Section 103 of the
Migrant and Seasonal Agricultural Worker Protection Act
(29 U.S.C. 1813), as amended by this Act, is further
amended by inserting after subsection (a) the following
new subsection (and renumbering the remaining
subsections accordingly):
``(b)(1) There shall be a rebuttable presumption that an applicant
for issuance or renewal of a certificate is not the real party in
interest in the application if the applicant--
``(A) is the immediate family member of any person who has
been refused issuance or renewal of a certificate, or has had a
certificate suspended or revoked; and
``(B) identifies a vehicle, facility, or real property
under paragraph (2) or (3) of section 102 that has been
previously listed by a person who has been refused issuance or
renewal of a certificate, or has had a certificate suspended or
revoked.
``(2) An applicant described in paragraph (1) bears the burden of
demonstrating to the Secretary's satisfaction that the applicant is the
real party in interest in the application.''.
SEC. 205. REPORT ON WAGE PROTECTIONS.
(a) Not later than 3 years after the date of the enactment of this
Act, and every 3 years thereafter, the Secretary of Labor and Secretary
of Agriculture shall prepare and transmit to the Committees on the
Judiciary of the House of Representatives and Senate, a report that
addresses--
(1) whether, and the manner in which, the employment of H-
2A workers in the United States has impacted the wages, working
conditions, or job opportunities of United States farm workers;
(2) whether, and the manner in which, the adverse effect
wage rate increases or decreases wages on United States farms,
broken down by geographic region and farm size;
(3) whether any potential impact of the adverse effect wage
rate varies based on the percentage of workers in a geographic
region that are H-2A workers;
(4) the degree to which the adverse effect wage rate is
affected by the inclusion in wage surveys of piece rate
compensation, bonus payments, and other pay incentives, and
whether such forms of incentive compensation should be surveyed
and reported separately from hourly base rates;
(5) whether, and the manner in which, other factors may
artificially affect the adverse effect wage rate, including
factors that may be specific to a region, State, or region
within a State;
(6) whether, and the manner in which, the H-2A program
affects the ability of United States farms to compete with
agricultural commodities imported from outside the United
States;
(7) the number and percentage of farmworkers in the United
States whose incomes are below the poverty line;
(8) whether alternative wage standards would be sufficient
to prevent wages in occupations in which H-2A workers are
employed from falling below the wage level that would have
prevailed in the absence of the H-2A program;
(9) whether any changes are warranted in the current
methodologies for calculating the adverse effect wage rate and
the prevailing wage; and
(10) recommendations for future wage protection under this
section.
(b) In preparing the report described in subsection (a), the
Secretary of Labor and Secretary of Agriculture shall engage with equal
numbers of representatives of agricultural employers and agricultural
workers, both locally and nationally.
SEC. 206. PORTABLE H-2A VISA PILOT PROGRAM.
(a) Establishment of Pilot Program.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of Homeland Security,
in consultation with the Secretary of Labor and Secretary of
Agriculture, shall establish through regulation a 6-year pilot
program to facilitate the free movement and employment of
temporary or seasonal H-2A workers to perform agricultural
labor or services for agricultural employers registered with
the Secretary of Agriculture. Notwithstanding the requirements
of section 218 of the Immigration and Nationality Act, such
regulation shall establish the requirements for the pilot
program, consistent with subsection (b). For purposes of this
section, such a worker shall be referred to as a portable H-2A
worker, and status as such a worker shall be referred to as
portable H-2A status.
(2) Online platform.--The Secretary of Homeland Security,
in consultation with the Secretary of Labor and the Secretary
of Agriculture, shall maintain an online electronic platform to
connect portable H-2A workers with registered agricultural
employers seeking workers to perform temporary or seasonal
agricultural labor or services. Employers shall post on the
platform available job opportunities, including a description
of the nature and location of the work to be performed, the
anticipated period or periods of need, and the terms and
conditions of employment. Such platform shall allow portable H-
2A workers to search for available job opportunities using
relevant criteria, including the types of jobs needed to be
filled and the dates and locations of need.
(3) Limitation.--Notwithstanding the issuance of the
regulation described in paragraph (1), the Secretary of State
may not issue a visa to a portable H-2A and the Secretary of
Homeland Security may not confer portable H-2A status on any
alien until the Secretary of Homeland Security, in consultation
with the Secretary of Labor and Secretary of Agriculture, has
determined that a sufficient number of employers have been
designated as registered agricultural employers under
subsection (b)(1) and that such employers have sufficient job
opportunities to employ a reasonable number of portable H-2A
workers to initiate the pilot program.
(b) Pilot Program Elements.--The pilot program in subsection (a)
shall contain the following elements:
(1) Registered agricultural employers.--
(A) Designation.--Agricultural employers shall be
provided the ability to seek designation as registered
agricultural employers. Reasonable fees may be assessed
commensurate with the cost of processing applications
for designation. A designation shall be valid for a
period of up to 3 years unless revoked for failure to
comply with program requirements. Registered employers
that comply with program requirements may apply to
renew such designation for additional periods of up to
3 years for the duration of the pilot program.
(B) Limitations.--Registered agricultural employers
may employ aliens with portable H-2A status without
filing a petition. Such employers shall pay such aliens
at least the wage required under section 218(d) of the
Immigration and Nationality Act (8 U.S.C. 1188(d)).
(C) Workers' compensation.--If a job opportunity is
not covered by or is exempt from the State workers'
compensation law, a registered agricultural employer
shall 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.
(2) Designated workers.--
(A) In general.--Individuals who have been
previously admitted to the United States in H-2A
status, and maintained such status during the period of
admission, shall be provided the opportunity to apply
for portable H-2A status. Portable H-2A workers shall
be subject to the provisions on visa validity and
periods of authorized stay and admission for H-2A
workers described in section 218(j)(2) and (3) of the
Immigration and Nationality Act (8 U.S.C. 1188(j)(2)
and (3)).
(B) Limitations on availability of portable h-2a
status.--
(i) Initial offer of employment required.--
No alien may be granted portable H-2A status
without an initial valid offer of employment to
perform temporary or agricultural labor or
services from a registered agricultural
employer.
(ii) Numerical limitations.--The total
number of aliens who may hold valid portable H-
2A status at any one time may not exceed
10,000. Notwithstanding such limitation, the
Secretary of Homeland Security may further
limit the number of aliens with valid portable
H-2A status if the Secretary determines that
there are an insufficient number of registered
agricultural employers or job opportunities to
support the employment of all such portable H-
2A workers.
(C) Scope of employment.--During the period of
admission, a portable H-2A worker may perform temporary
or seasonal agricultural labor or services for any
employer in the United States that is designated as a
registered agricultural employer pursuant to paragraph
(1). An employment arrangement under this section may
be terminated by either the portable H-2A worker or the
registered agricultural employer at any time.
(D) Transfer to new employment.--At the cessation
of employment with a registered agricultural employer,
a portable H-2A worker shall have 60 days to secure new
employment with a registered agricultural employer.
(E) Maintenance of status.--A portable H-2A worker
who does not secure new employment with a registered
agricultural employer within 60 days shall be
considered to have failed to maintain such status and
shall depart the United States or be subject to removal
under section 237(a)(1)(C)(i) of the Immigration and
Nationality Act (8 U.S.C. 1188(a)(1)(C)(i)).
(3) Enforcement.--The Secretary of Labor shall be
responsible for conducting investigations and random audits of
employers to ensure compliance with the requirements of this
section, consistent with section 218(m) of the Immigration and
Nationality Act (8 U.S.C. 1188(m)). The Secretary of Labor
shall have the authority to collect reasonable civil penalties
for violations, which shall be utilized by the Secretary for
the administration and enforcement of the provisions of this
section.
(4) Eligibility for services.--Section 305 of Public Law
99-603 (100 Stat. 3434) is amended by striking ``other
employment rights as provided in the worker's specific contract
under which the nonimmigrant was admitted'' and inserting
``employment-related rights''.
(c) Report.--Not later than 6 months before the end of the third
fiscal year of the pilot program, the Secretary of Homeland Security,
in consultation with the Secretary of Labor and the Secretary of
Agriculture, shall prepare and submit to the Committees on the
Judiciary of the House of Representatives and the Senate, a report that
provides--
(1) the number of employers designated as registered
agricultural employers, broken down by geographic region, farm
size, and the number of job opportunities offered by such
employers;
(2) the number of employers whose designation as a
registered agricultural employer was revoked;
(3) the number of individuals granted portable H-2A status
in each fiscal year, along with the number of such individuals
who maintained portable H-2A status during all or a portion of
the 3-year period of the pilot program;
(4) an assessment of the impact of the pilot program on the
wages and working conditions of United States farm workers;
(5) the results of a survey of individuals granted portable
H-2A status, detailing their experiences with and feedback on
the pilot program;
(6) the results of a survey of registered agricultural
employers, detailing their experiences with and feedback on the
pilot program;
(7) an assessment as to whether the program should be
continued and if so, any recommendations for improving the
program; and
(8) findings and recommendations regarding effective
recruitment mechanisms, including use of new technology to
match workers with employers and ensure compliance with
applicable labor and employment laws and regulations.
SEC. 207. IMPROVING ACCESS TO PERMANENT RESIDENCE.
(a) Worldwide Level.--Section 201(d)(1)(A) of the Immigration and
Nationality Act (8 U.S.C. 1151(d)(1)(A)) is amended by striking
``140,000'' and inserting ``180,000''.
(b) Visas for Farmworkers.--Section 203(b) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)) is amended--
(1) in paragraph (1) by striking ``28.6 percent of such
worldwide level'' and inserting ``40,040'';
(2) in paragraph (2)(A) by striking ``28.6 percent of such
worldwide level'' and inserting ``40,040'';
(3) in paragraph (3)--
(A) in subparagraph (A)--
(i) in the matter before clause (i), by
striking ``28.6 percent of such worldwide
level'' and inserting ``80,040''; and
(ii) by amending clause (iii) to read as
follows:
``(iii) Other workers.--Other qualified
immigrants who, at the time of petitioning for
classification under this paragraph--
``(I) are capable of performing
unskilled labor, not of a temporary or
seasonal nature, for which qualified
workers are not available in the United
States; or
``(II) can demonstrate employment
in the United States as an H-2A
nonimmigrant worker for at least 100
days in each of at least 10 years.'';
(B) by amending subparagraph (B) to read as
follows:
``(B) Visas allocated for other workers.--
``(i) In general.--Except as provided in
clauses (ii) and (iii), 50,000 of the visas
made available under this paragraph shall be
reserved for qualified immigrants described in
subparagraph (A)(iii).
``(ii) Preference for agricultural
workers.--Subject to clause (iii), not less
than four-fifths of the visas described in
clause (i) shall be reserved for--
``(I) qualified immigrants
described in subparagraph (A)(iii)(I)
who will be performing agricultural
labor or services in the United States;
and
``(II) qualified immigrants
described in subparagraph (A)(iii)(II).
``(iii) Exception.--If because of the
application of clause (ii), the total number of
visas available under this paragraph for a
calendar quarter exceeds the number of
qualified immigrants who otherwise may be
issued such a visa, clause (ii) shall not apply
to visas under this paragraph during the
remainder of such calendar quarter.
``(iv) No per country limits.--Visas
described under clause (ii) shall be issued
without regard to the numerical limitation
under section 202(a)(2).''; and
(C) by amending subparagraph (C) by striking ``An
immigrant visa'' and inserting ``Except for qualified
immigrants petitioning for classification under
subparagraph (A)(iii)(II), an immigrant visa'';
(4) in paragraph (4), by striking ``7.1 percent of such
worldwide level'' and inserting ``9,940''; and
(5) in paragraph (5)(A), in the matter before clause (i),
by striking ``7.1 percent of such worldwide level'' and
inserting ``9,940''.
(c) Petitioning Procedure.--Section 204(a)(1)(E) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(E)) is amended by inserting
``or 203(b)(3)(A)(iii)(II)'' after ``203(b)(1)(A)''.
(d) Dual Intent.--Section 214(b) of the Immigration and Nationality
Act (8 U.S.C. 1184(b)) is amended by striking ``section
101(a)(15)(H)(i) except subclause (b1) of such section'' and inserting
``clause (i), except subclause (b1), or (ii)(a) of section
101(a)(15)(H)''.
Subtitle B--Preservation and Construction of Farmworker Housing
SEC. 220. SHORT TITLE.
This subtitle may be cited as the ``Strategy and Investment in
Rural Housing Preservation Act of 2019''.
SEC. 221. PERMANENT ESTABLISHMENT OF HOUSING PRESERVATION AND
REVITALIZATION PROGRAM.
Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) is
amended by adding at the end the following new section:
``SEC. 545. HOUSING PRESERVATION AND REVITALIZATION PROGRAM.
``(a) Establishment.--The Secretary shall carry out a program under
this section for the preservation and revitalization of multifamily
rental housing projects financed under section 515 or both sections 514
and 516.
``(b) Notice of Maturing Loans.--
``(1) To owners.--On an annual basis, the Secretary shall
provide written notice to each owner of a property financed
under section 515 or both sections 514 and 516 that will mature
within the 4-year period beginning upon the provision of such
notice, setting forth the options and financial incentives that
are available to facilitate the extension of the loan term or
the option to decouple a rental assistance contract pursuant to
subsection (f).
``(2) To tenants.--
``(A) In general.--For each property financed under
section 515 or both sections 514 and 516, not later
than the date that is 2 years before the date that such
loan will mature, the Secretary shall provide written
notice to each household residing in such property that
informs them of the date of the loan maturity, the
possible actions that may happen with respect to the
property upon such maturity, and how to protect their
right to reside in federally assisted housing after
such maturity.
``(B) Language.--Notice under this paragraph shall
be provided in plain English and shall be translated to
other languages in the case of any property located in
an area in which a significant number of residents
speak such other languages.
``(c) Loan Restructuring.--Under the program under this section,
the Secretary may restructure such existing housing loans, as the
Secretary considers appropriate, for the purpose of ensuring that such
projects have sufficient resources to preserve the projects to provide
safe and affordable housing for low-income residents and farm laborers,
by--
``(1) reducing or eliminating interest;
``(2) deferring loan payments;
``(3) subordinating, reducing, or reamortizing loan debt;
and
``(4) providing other financial assistance, including
advances, payments, and incentives (including the ability of
owners to obtain reasonable returns on investment) required by
the Secretary.
``(d) Renewal of Rental Assistance.--When the Secretary offers to
restructure a loan pursuant to subsection (c), the Secretary shall
offer to renew the rental assistance contract under section 521(a)(2)
for a 20-year term that is subject to annual appropriations, provided
that the owner agrees to bring the property up to such standards that
will ensure its maintenance as decent, safe, and sanitary housing for
the full term of the rental assistance contract.
``(e) Restrictive Use Agreements.--
``(1) Requirement.--As part of the preservation and
revitalization agreement for a project, the Secretary shall
obtain a restrictive use agreement that obligates the owner to
operate the project in accordance with this title.
``(2) Term.--
``(A) No extension of rental assistance contract.--
Except when the Secretary enters into a 20-year
extension of the rental assistance contract for the
project, the term of the restrictive use agreement for
the project shall be consistent with the term of the
restructured loan for the project.
``(B) Extension of rental assistance contract.--If
the Secretary enters into a 20-year extension of the
rental assistance contract for a project, the term of
the restrictive use agreement for the project shall be
for 20 years.
``(C) Termination.--The Secretary may terminate the
20-year use restrictive use agreement for a project
prior to the end of its term if the 20-year rental
assistance contract for the project with the owner is
terminated at any time for reasons outside the owner's
control.
``(f) Decoupling of Rental Assistance.--
``(1) Renewal of rental assistance contract.--If the
Secretary determines that a maturing loan for a project cannot
reasonably be restructured in accordance with subsection (c)
and the project was operating with rental assistance under
section 521, the Secretary may renew the rental assistance
contract, notwithstanding any provision of section 521, for a
term, subject to annual appropriations, of at least 10 years
but not more than 20 years.
``(2) Rents.--Any agreement to extend the term of the
rental assistance contract under section 521 for a project
shall obligate the owner to continue to maintain the project as
decent, safe and sanitary housing and to operate the
development in accordance with this title, except that rents
shall be based on the lesser of--
``(A) the budget-based needs of the project; or
``(B) the operating cost adjustment factor as a
payment standard as provided under section 524 of the
Multifamily Assisted Housing Reform and Affordability
Act of 1997 (42 U.S.C. 1437 note).
``(g) Multifamily Housing Transfer Technical Assistance.--Under the
program under this section, the Secretary may provide grants to
qualified nonprofit organizations and public housing agencies to
provide technical assistance, including financial and legal services,
to borrowers under loans under this title for multifamily housing to
facilitate the acquisition of such multifamily housing properties in
areas where the Secretary determines there is a risk of loss of
affordable housing.
``(h) Transfer of Rental Assistance.--After the loan or loans for a
rental project originally financed under section 515 or both sections
514 and 516 have matured or have been prepaid and the owner has chosen
not to restructure the loan pursuant to subsection (c), a tenant
residing in such project shall have 18 months prior to loan maturation
or prepayment to transfer the rental assistance assigned to the
tenant's unit to another rental project originally financed under
section 515 or both sections 514 and 516, and the owner of the initial
project may rent the tenant's previous unit to a new tenant without
income restrictions.
``(i) Administrative Expenses.--Of any amounts made available for
the program under this section for any fiscal year, the Secretary may
use not more than $1,000,000 for administrative expenses for carrying
out such program.
``(j) Authorization of Appropriations.--There is authorized to be
appropriated for the program under this section $200,000,000 for each
of fiscal years 2020 through 2024.''.
SEC. 222. ELIGIBILITY FOR RURAL HOUSING VOUCHERS.
Section 542 of the Housing Act of 1949 (42 U.S.C. 1490r) is amended
by adding at the end the following new subsection:
``(c) Eligibility of Households in Sections 514, 515, and 516
Projects.--The Secretary may provide rural housing vouchers under this
section for any low-income household (including those not receiving
rental assistance) residing, for a term longer than the remaining term
of their lease in effect just prior to prepayment, in a property
financed with a loan made or insured under section 514 or 515 (42
U.S.C. 1484, 1485) which has been prepaid without restrictions imposed
by the Secretary pursuant to section 502(c)(5)(G)(ii)(I) (42 U.S.C.
1472(c)(5)(G)(ii)(I)), has been foreclosed, or has matured after
September 30, 2005, or residing in a property assisted under section
514 or 516 that is owned by a nonprofit organization or public
agency.''.
SEC. 223. AMOUNT OF VOUCHER ASSISTANCE.
Notwithstanding any other provision of law, in the case of any
rural housing voucher provided pursuant to section 542 of the Housing
Act of 1949 (42 U.S.C. 1490r), the amount of the monthly assistance
payment for the household on whose behalf such assistance is provided
shall be determined as provided in subsection (a) of such section 542.
SEC. 224. RENTAL ASSISTANCE CONTRACT AUTHORITY.
Subsection (d) of section 521 of the Housing Act of 1949 (42 U.S.C.
1490a(d)) is amended--
(1) in paragraph (1), by inserting after subparagraph (A)
the following new subparagraph (and renumbering the remaining
subparagraphs accordingly):
``(B) upon request of an owner of a project
financed under section 514 or 515, the Secretary is
authorized to enter into renewal of such agreements for
a period of 20 years or the term of the loan, whichever
is shorter, subject to amounts made available in
appropriations Acts;''; and
(2) by adding at the end the following new paragraph:
``(3) In the case of any rental assistance contract
authority that becomes available because of the termination of
assistance on behalf of an assisted family--
``(A) at the option of the owner of the rental
project, the Secretary shall provide the owner a period
of 6 months before such assistance is made available
pursuant to subparagraph (B) during which the owner may
use such assistance authority to provide assistance of
behalf of an eligible unassisted family that--
``(i) is residing in the same rental
project that the assisted family resided in
prior to such termination; or
``(ii) newly occupies a dwelling unit in
such rental project during such period; and
``(B) except for assistance used as provided in
subparagraph (A), the Secretary shall use such
remaining authority to provide such assistance on
behalf of eligible families residing in other rental
projects originally financed under section 515 or both
sections 514 and 516 of this Act.''.
SEC. 225. FUNDING FOR MULTIFAMILY TECHNICAL IMPROVEMENTS.
There is authorized to be appropriated to the Secretary of
Agriculture $50,000,000 for fiscal year 2020 for improving the
technology of the Department of Agriculture used to process loans for
multifamily housing and otherwise managing such housing. Such
improvements shall be made within the 5-year period beginning upon the
appropriation of such amounts and such amount shall remain available
until the expiration of such 5-year period.
SEC. 226. PLAN FOR PRESERVING AFFORDABILITY OF RENTAL PROJECTS.
(a) Plan.--The Secretary of Agriculture (in this section referred
to as the ``Secretary'') shall submit a written plan to the Congress,
not later than the expiration of the 6-month period beginning on the
date of the enactment of this Act, for preserving the affordability for
low-income families of rental projects for which loans were made under
section 515 or made to nonprofit or public agencies under section 514
and avoiding the displacement of tenant households, which shall--
(1) set forth specific performance goals and measures;
(2) set forth the specific actions and mechanisms by which
such goals will be achieved;
(3) set forth specific measurements by which progress
towards achievement of each goal can be measured;
(4) provide for detailed reporting on outcomes; and
(5) include any legislative recommendations to assist in
achievement of the goals under the plan.
(b) Advisory Committee.--
(1) Establishment; purpose.--The Secretary shall establish
an advisory committee whose purpose shall be to assist the
Secretary in preserving section 515 properties and section 514
properties owned by nonprofit or public agencies through the
multifamily housing preservation and revitalization program
under section 545 and in implementing the plan required under
subsection (a).
(2) Member.--The advisory committee shall consist of 16
members, appointed by the Secretary, as follows:
(A) A State Director of Rural Development for the
Department of Agriculture.
(B) The Administrator for Rural Housing Service of
the Department of Agriculture.
(C) Two representatives of for-profit developers or
owners of multifamily rural rental housing.
(D) Two representatives of nonprofit developers or
owners of multifamily rural rental housing.
(E) Two representatives of State housing finance
agencies.
(F) Two representatives of tenants of multifamily
rural rental housing.
(G) One representative of a community development
financial institution that is involved in preserving
the affordability of housing assisted under sections
514, 515, and 516 of the Housing Act of 1949.
(H) One representative of a nonprofit organization
that operates nationally and has actively participated
in the preservation of housing assisted by the Rural
Housing Service by conducting research regarding, and
providing financing and technical assistance for,
preserving the affordability of such housing.
(I) One representative of low-income housing tax
credit investors.
(J) One representative of regulated financial
institutions that finance affordable multifamily rural
rental housing developments.
(K) Two representatives from nonprofit
organizations representing farmworkers, including one
organization representing farmworker women.
(3) Meetings.--The advisory committee shall meet not less
often than once each calendar quarter.
(4) Functions.--In providing assistance to the Secretary to
carry out its purpose, the advisory committee shall carry out
the following functions:
(A) Assisting the Rural Housing Service of the
Department of Agriculture to improve estimates of the
size, scope, and condition of rental housing portfolio
of the Service, including the time frames for maturity
of mortgages and costs for preserving the portfolio as
affordable housing.
(B) Reviewing current policies and procedures of
the Rural Housing Service regarding preservation of
affordable rental housing financed under sections 514,
515, 516, and 538 of the Housing Act of 1949, the
Multifamily Preservation and Revitalization
Demonstration program (MPR), and the rental assistance
program and making recommendations regarding
improvements and modifications to such policies and
procedures.
(C) Providing ongoing review of Rural Housing
Service program results.
(D) Providing reports to the Congress and the
public on meetings, recommendations, and other findings
of the advisory committee.
(5) Travel costs.--Any amounts made available for
administrative costs of the Department of Agriculture may be
used for costs of travel by members of the advisory committee
to meetings of the committee.
SEC. 227. COVERED HOUSING PROGRAMS.
Paragraph (3) of section 41411(a) of the Violence Against Women Act
of 1994 (34 U.S.C. 12491(a)(3)) is amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) by redesignating subparagraph (J) as subparagraph (K);
and
(3) by inserting after subparagraph (I) the following new
subparagraph:
``(J) rural development housing voucher assistance
provided by the Secretary of Agriculture pursuant to
section 542 of the Housing Act of 1949 (42 U.S.C.
1490r), without regard to subsection (b) of such
section, and applicable appropriation Acts; and''.
SEC. 228. NEW FARMWORKER HOUSING.
Section 513 of the Housing Act of 1949 (42 U.S.C. 1483) is amended
by adding at the end the following new subsection:
``(f) Funding for Farmworker Housing.--
``(1) Section 514 farmworker housing loans.--
``(A) Insurance authority.--The Secretary of
Agriculture may, to the extent approved in
appropriation Acts, insure loans under section 514 (42
U.S.C. 1484) during each of fiscal years 2020 through
2029 in an aggregate amount not to exceed $200,000,000.
``(B) Authorization of appropriations for costs.--
There is authorized to be appropriated $75,000,000 for
each of fiscal years 2020 through 2029 for costs (as
such term is defined in section 502 of the
Congressional Budget Act of 1974 (2 U.S.C. 661a)) of
loans insured pursuant the authority under subparagraph
(A).
``(2) Section 516 grants for farmworker housing.--There is
authorized to be appropriated $30,000,000 for each of fiscal
years 2020 through 2029 for financial assistance under section
516 (42 U.S.C. 1486).
``(3) Section 521 housing assistance.--There is authorized
to be appropriated $2,700,000,000 for each of fiscal years 2020
through 2029 for rental assistance agreements entered into or
renewed pursuant to section 521(a)(2) (42 U.S.C. 1490a(a)(2))
or agreements entered into in lieu of debt forgiveness or
payments for eligible households as authorized by section
502(c)(5)(D).''.
SEC. 229. LOAN AND GRANT LIMITATIONS.
Subsection (j) of section 514 of the Housing Act of 1949 (42 U.S.C.
1484(j)) shall be amended to read as follows:
``(j) Per Project Limitations on Assistance.--If the Secretary, in
making available assistance in any area under this section or section
516 (42 U.S.C. 1486), establishes a limitation on the amount of
assistance available per project, the limitation on a grant or loan
award per project shall not be less than $5 million.''.
SEC. 230. OPERATING ASSISTANCE SUBSIDIES.
Subsection (a)(5) of section 521 of the Housing Act of 1949 (42
U.S.C. 1490a(a)(5)) is amended--
(1) in subparagraph (A) by inserting ``or domestic farm
labor legally admitted to the United States and authorized to
work in agriculture'' after ``migrant farmworkers'';
(2) in subparagraph (B)--
(A) by striking ``Amount.--In any fiscal year'' and
inserting ``Amount.--
``(i) Housing for migrant farmworkers.--In
any fiscal year'';
(B) by inserting ``providing housing for migrant
farmworkers'' after ``any project''; and
(C) by inserting at the end the following:
``(ii) Housing for other farm labor.--In
any fiscal year, the assistance provided under
this paragraph for any project providing
housing for domestic farm labor legally
admitted to the United States and authorized to
work in agriculture shall not exceed an amount
equal to 50 percent of the operating costs for
the project for the year, as determined by the
Secretary. The owner of such project shall not
qualify for operating assistance unless the
Secretary certifies that the project was
unoccupied or underutilized before making units
available to such farm labor, and that a grant
under this section will not displace any farm
worker who is a United States worker.''; and
(3) in subparagraph (D), by adding at the end the
following:
``(iii) The term `domestic farm labor' has
the same meaning given such term in section
514(f)(3) (42 U.S.C. 1484(f)(3)), except that
subparagraph (A) of such section shall not
apply for purposes this section.''.
SEC. 231. ELIGIBILITY OF CERTIFIED WORKERS.
Subsection (a) of section 214 of the Housing and Community
Development Act of 1980 (42 U.S.C. 1436a) is amended--
(1) in paragraph (6), by striking ``or'' at the end;
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following:
``(7) an alien granted certified agricultural worker or
certified agricultural dependent status under title I of the
Farm Workforce Modernization Act of 2019, but solely for
financial assistance made available pursuant to section 521 or
542 of the Housing Act of 1949 (42 U.S.C. 1490a, 1490r); or''.
Subtitle C--Foreign Labor Recruiter Accountability
SEC. 251. REGISTRATION OF FOREIGN LABOR RECRUITERS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Labor, in consultation with the
Secretary of State and the Secretary of Homeland Security, shall
establish procedures for the electronic registration of foreign labor
recruiters engaged in the recruitment of nonimmigrant workers 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)) to perform agricultural labor or
services in the United States.
(b) Procedural Requirements.--The procedures described in
subsection (a) shall--
(1) require the applicant to submit a sworn declaration--
(A) stating the applicant's permanent place of
residence or principal place of business, as
applicable;
(B) describing the foreign labor recruiting
activities in which the applicant is engaged; and
(C) including such other relevant information as
the Secretary of Labor and the Secretary of State may
require;
(2) include an expeditious means to update and renew
registrations;
(3) include a process, which shall include the placement of
personnel at each United States diplomatic mission in
accordance with subsection (g)(2), to receive information from
the public regarding foreign labor recruiters who have
allegedly engaged in a foreign labor recruiting activity that
is prohibited under this subtitle;
(4) include procedures for the receipt and processing of
complaints against foreign labor recruiters and for remedies,
including the revocation of a registration or the assessment of
fines upon a determination by the Secretary of Labor that the
foreign labor recruiter has violated the requirements of this
subtitle;
(5) require the applicant to post a bond in an amount
sufficient to ensure the ability of the applicant to discharge
its responsibilities and ensure protection of workers,
including payment of wages; and
(6) allow the Secretary of Labor and the Secretary of State
to consult with other appropriate Federal agencies to determine
whether any reason exists to deny registration to a foreign
labor recruiter or revoke such registration.
(c) Attestations.--Foreign labor recruiters registering under this
subtitle shall attest and agree to abide by the following requirements:
(1) Prohibited fees.--The foreign labor recruiter,
including any agent or employee of such foreign labor
recruiter, shall not assess any recruitment fees on a worker
for any foreign labor recruiting activity.
(2) Prohibition on false and misleading information.--The
foreign labor recruiter shall not knowingly provide materially
false or misleading information to any worker concerning any
matter required to be disclosed under this subtitle.
(3) Required disclosures.--The foreign labor recruiter
shall ascertain and disclose to the worker in writing in
English and in the primary language of the worker at the time
of the worker's recruitment, the following information:
(A) The identity and address of the employer and
the identity and address of the person conducting the
recruiting on behalf of the employer, including each
subcontractor or agent involved in such recruiting.
(B) A copy of the approved job order or work
contract under section 218 of the Immigration and
Nationality Act, including all assurances and terms and
conditions of employment.
(C) A statement, in a form specified by the
Secretary--
(i) describing the general terms and
conditions associated with obtaining an H-2A
visa and maintaining H-2A status;
(ii) affirming the prohibition on the
assessment of fees described in paragraph (1),
and explaining that such fees, if paid by the
employer, may not be passed on to the worker;
(iii) describing the protections afforded
the worker under this subtitle, including
procedures for reporting violations to the
Secretary of State, filing a complaint with the
Secretary of Labor, or filing a civil action;
and
(iv) describing the protections afforded
the worker by section 202 of the William
Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1375b),
including the telephone number for the national
human trafficking resource center hotline
number.
(4) Bond.--The foreign labor recruiter shall agree to post
a bond sufficient to ensure the ability of the foreign labor
recruiter to discharge its responsibilities and ensure
protection of workers, and to forfeit such bond in an amount
determined by the Secretary under subsections (b)(1)(C)(ii) or
(c)(2)(C) of section 252 for failure to comply with the
provisions of this subtitle.
(5) Cooperation in investigation.--The foreign labor
recruiter shall agree to cooperate in any investigation under
section 252 of this subtitle by the Secretary or other
appropriate authorities.
(6) No retaliation.--The foreign labor recruiter shall
agree to refrain from intimidating, threatening, restraining,
coercing, discharging, blacklisting or in any other manner
discriminating or retaliating against any worker or their
family members (including a former worker or an applicant for
employment) because such worker disclosed information to any
person based on a reason to believe that the foreign labor
recruiter, or any agent or subcontractee of such foreign labor
recruiter, is engaging or has engaged in a foreign labor
recruiting activity that does not comply with this subtitle.
(7) Employees, agents, and subcontractees.--The foreign
labor recruiter shall consent to be liable for the conduct of
any agents or subcontractees of any level in relation to the
foreign labor recruiting activity of the agent or subcontractee
to the same extent as if the foreign labor recruiter had
engaged in such conduct.
(8) Enforcement.--If the foreign labor recruiter is
conducting foreign labor recruiting activity wholly outside the
United States, such foreign labor recruiter shall establish a
registered agent in the United States who is authorized to
accept service of process on behalf of the foreign labor
recruiter for the purpose of any administrative proceeding
under this title or any Federal court civil action, if such
service is made in accordance with the appropriate Federal
rules for service of process.
(d) Term of Registration.--Unless suspended or revoked, a
registration under this section shall be valid for 2 years.
(e) Application Fee.--The Secretary shall require a foreign labor
recruiter that submits an application for registration under this
section to pay a reasonable fee, sufficient to cover the full costs of
carrying out the registration activities under this subtitle.
(f) Notification.--
(1) Employer notification.--
(A) In general.--Not less frequently than once
every year, an employer of H-2A workers shall provide
the Secretary with the names and addresses of all
foreign labor recruiters engaged to perform foreign
labor recruiting activity on behalf of the employer,
whether the foreign labor recruiter is to receive any
economic compensation for such services, and, if so,
the identity of the person or entity who is paying for
the services.
(B) Agreement to cooperate.--In addition to the
requirements of subparagraph (A), the employer shall--
(i) provide to the Secretary the identity
of any foreign labor recruiter whom the
employer has reason to believe is engaging in
foreign labor recruiting activities that do not
comply with this subtitle; and
(ii) promptly respond to any request by the
Secretary for information regarding the
identity of a foreign labor recruiter with whom
the employer has a contract or other agreement.
(2) Foreign labor recruiter notification.--A registered
foreign labor recruiter shall notify the Secretary, not less
frequently than once every year, of the identity of any
subcontractee, agent, or foreign labor recruiter employee
involved in any foreign labor recruiting activity for, or on
behalf of, the foreign labor recruiter.
(g) Additional Responsibilities of the Secretary of State.--
(1) Lists.--The Secretary of State, in consultation with
the Secretary of Labor shall maintain and make publicly
available in written form and on the websites of United States
embassies in the official language of that country, and on
websites maintained by the Secretary of Labor, regularly
updated lists--
(A) of foreign labor recruiters who hold valid
registrations under this section, including--
(i) the name and address of the foreign
labor recruiter;
(ii) the countries in which such recruiters
conduct recruitment;
(iii) the employers for whom recruiting is
conducted;
(iv) the occupations that are the subject
of recruitment;
(v) the States where recruited workers are
employed; and
(vi) the name and address of the registered
agent in the United States who is authorized to
accept service of process on behalf of the
foreign labor recruiter; and
(B) of foreign labor recruiters whose registration
the Secretary has revoked.
(2) Personnel.--The Secretary of State shall ensure that
each United States diplomatic mission is staffed with a person
who shall be responsible for receiving information from members
of the public regarding potential violations of the
requirements applicable to registered foreign labor recruiters
and ensuring that such information is conveyed to the Secretary
of Labor for evaluation and initiation of an enforcement
action, if appropriate.
(3) Visa application procedures.--The Secretary shall
ensure that consular officers issuing visas to nonimmigrants
under section 101(a)(1)(H)(ii)(a) of the Immigration and
Nationality Act (8 U.S.C. 11001(a)(1)(H)(ii)(a))--
(A) provide to and review with the applicant, in
the applicant's language (or a language the applicant
understands), a copy of the information and resources
pamphlet required by section 202 of the William
Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1375b);
(B) ensure that the applicant has a copy of the
approved job offer or work contract;
(C) note in the visa application file whether the
foreign labor recruiter has a valid registration under
this section; and
(D) if the foreign labor recruiter holds a valid
registration, review and include in the visa
application file, the foreign labor recruiter's
disclosures required by subsection (c)(3).
(4) Data.--The Secretary of State shall make publicly
available online, on an annual basis, data disclosing the
gender, country of origin (and State, county, or province, if
available), age, wage, level of training, and occupational
classification, disaggregated by State, of nonimmigrant workers
described in section 101(a)(15)(H)(ii)(a) of the Immigration
and Nationality Act.
SEC. 252. ENFORCEMENT.
(a) Denial or Revocation of Registration.--
(1) Grounds for denial or revocation.--The Secretary shall
deny an application for registration, or revoke a registration,
if the Secretary determines that the foreign labor recruiter,
or any agent or subcontractee of such foreign labor recruiter--
(A) knowingly made a material misrepresentation in
the registration application;
(B) materially failed to comply with one or more of
the attestations provided under section 251(c); or
(C) is not the real party in interest.
(2) Notice.--Prior to denying an application for
registration or revoking a registration under this subsection,
the Secretary shall provide written notice of the intent to
deny or revoke the registration to the foreign labor recruiter.
Such notice shall--
(A) articulate with specificity all grounds for
denial or revocation; and
(B) provide the foreign labor recruiter with not
less than 60 days to respond.
(3) Re-registration.--A foreign labor recruiter whose
registration was revoked under subsection (a) may re-register
if the foreign labor recruiter demonstrates to the Secretary's
satisfaction that the foreign labor recruiter has not violated
this subtitle in the 5 years preceding the date an application
for registration is filed and has taken sufficient steps to
prevent future violations of this subtitle.
(b) Administrative Enforcement.--
(1) Complaint process.--
(A) Filing.--A complaint may be filed with the
Secretary of Labor, in accordance with the procedures
established under section 251(b)(4) not later than 2
years after the earlier of--
(i) the date of the last action which
constituted the conduct that is the subject of
the complaint took place; or
(ii) the date on which the aggrieved party
had actual knowledge of such conduct.
(B) Decision and penalties.--If the Secretary of
Labor finds, after notice and an opportunity for a
hearing, that a foreign labor recruiter failed to
comply with any of the requirements of this subtitle,
the Secretary of Labor may--
(i) levy a fine against the foreign labor
recruiter in an amount not more than--
(I) $10,000 per violation; and
(II) $25,000 per violation, upon
the third violation;
(ii) order the forfeiture of bond and
release of as much of the bond as the Secretary
determines is necessary for the worker to
recover prohibited recruitment fees;
(iii) refuse to issue or renew a
registration, or revoke a registration; or
(iv) disqualify the foreign labor recruiter
from registration for a period of up to 5
years, or in the case of a subsequent finding
involving willful or multiple material
violations, permanently disqualify the foreign
labor recruiter from registration.
(2) Authority to ensure compliance.--The Secretary of Labor
is authorized to take other such actions, including issuing
subpoenas and seeking appropriate injunctive relief, as may be
necessary to assure compliance with the terms and conditions of
this subtitle.
(3) Statutory construction.--Nothing in this subsection may
be construed as limiting the authority of the Secretary of
Labor to conduct an investigation--
(A) under any other law, including any law
affecting migrant and seasonal agricultural workers; or
(B) in the absence of a complaint.
(c) Civil Action.--
(1) In general.--The Secretary of Labor or any person
aggrieved by a violation of this subtitle may bring a civil
action against any foreign labor recruiter, or any employer
that does not meet the requirements under subsection (d)(1), in
any court of competent jurisdiction--
(A) to seek remedial action, including injunctive
relief; and
(B) for damages in accordance with the provisions
of this subsection.
(2) Award for civil action filed by an individual.--
(A) In general.--If the court finds in a civil
action filed by an individual under this section that
the defendant has violated any provision of this
subtitle, the court may award--
(i) damages, up to and including an amount
equal to the amount of actual damages, and
statutory damages of up to $1,000 per plaintiff
per violation, or other equitable relief,
except that with respect to statutory damages--
(I) multiple infractions of a
single provision of this subtitle (or
of a regulation under this subtitle)
shall constitute only 1 violation for
purposes of this subsection to
determine the amount of statutory
damages due a plaintiff; and
(II) if such complaint is certified
as a class action the court may award--
(aa) damages up to an
amount equal to the amount of
actual damages; and
(bb) statutory damages of
not more than the lesser of up
to $1,000 per class member per
violation, or up to $500,000;
and other equitable relief;
(ii) reasonable attorneys' fees and costs;
and
(iii) such other and further relief as
necessary to effectuate the purposes of this
subtitle.
(B) Criteria.--In determining the amount of
statutory damages to be awarded under subparagraph (A),
the court is authorized to consider whether an attempt
was made to resolve the issues in dispute before the
resort to litigation.
(C) Bond.--To satisfy the damages, fees, and costs
found owing under this paragraph, the Secretary shall
release as much of the bond held pursuant to section
251(c)(4) as necessary.
(3) Sums recovered in actions by the secretary of labor.--
(A) Establishment of account.--There is established
in the general fund of the Treasury a separate account,
which shall be known as the ``H-2A Foreign Labor
Recruiter Compensation Account''. Notwithstanding any
other provisions of law, there shall be deposited as
offsetting receipts into the account, all sums
recovered in an action by the Secretary of Labor under
this subsection.
(B) Use of funds.--Amounts deposited into the H-2A
Foreign Labor Recruiter Compensation Account and shall
be paid directly to each worker affected. Any such sums
not paid to a worker because of inability to do so
within a period of 5 years following the date such
funds are deposited into the account shall remain
available to the Secretary until expended. The
Secretary may transfer all or a portion of such
remaining sums to appropriate agencies to support the
enforcement of the laws prohibiting the trafficking and
exploitation of persons or programs that aid
trafficking victims.
(d) Employer Safe Harbor.--
(1) In general.--An employer that hires workers referred by
a foreign labor recruiter with a valid registration at the time
of hiring shall not be held jointly liable for a violation
committed solely by a foreign labor recruiter under this
subtitle--
(A) in any administrative action initiated by the
Secretary concerning such violation; or
(B) in any Federal or State civil court action
filed against the foreign labor recruiter by or on
behalf of such workers or other aggrieved party under
this subtitle.
(2) Clarification.--Nothing in this subtitle shall be
construed to prohibit an aggrieved party or parties from
bringing a civil action for violations of this subtitle or any
other Federal or State law against any employer who hired
workers referred by a foreign labor recruiter--
(A) without a valid registration at the time of
hire; or
(B) with a valid registration if the employer knew
or learned of the violation and failed to report such
violation to the Secretary.
(e) Parole To Pursue Relief.--If other immigration relief is not
available, the Secretary of Homeland Security may grant parole to
permit an individual to remain legally in the United States for time
sufficient to fully and effectively participate in all legal
proceedings related to any action taken pursuant to subsection (b) or
(c).
(f) Waiver of Rights.--Agreements by employees purporting to waive
or to modify their rights under this subtitle shall be void as contrary
to public policy.
(g) Liability for Agents.--Foreign labor recruiters shall be
subject to the provisions of this section for violations committed by
the foreign labor recruiter's agents or subcontractees of any level in
relation to their foreign labor recruiting activity to the same extent
as if the foreign labor recruiter had committed the violation.
SEC. 253. APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary for the Secretary of Labor and Secretary of State to carry
out the provisions of this subtitle.
SEC. 254. DEFINITIONS.
For purposes of this subtitle:
(1) Foreign labor recruiter.--The term ``foreign labor
recruiter'' means any person who performs foreign labor
recruiting activity in exchange for money or other valuable
consideration paid or promised to be paid, to recruit
individuals to work as nonimmigrant workers 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)), including any person who
performs foreign labor recruiting activity wholly outside of
the United States. Such term does not include any entity of the
United States Government or an employer, or employee of an
employer, who engages in foreign labor recruiting activity
solely to find employees for that employer's own use, and
without the participation of any other foreign labor recruiter.
(2) Foreign labor recruiting activity.--The term ``foreign
labor recruiting activity'' means recruiting, soliciting, or
related activities with respect to an individual who resides
outside of the United States in furtherance of employment in
the United States, including when such activity occurs wholly
outside of the United States.
(3) Recruitment fees.--The term ``recruitment fees'' has
the meaning given to such term under section 22.1702 of title
22 of the Code of Federal Regulations, as in effect on the date
of enactment of this Act.
(4) Person.--The term ``person'' means any natural person
or any corporation, company, firm, partnership, joint stock
company or association or other organization or entity (whether
organized under law or not), including municipal corporations.
TITLE III--ELECTRONIC VERIFICATION OF EMPLOYMENT ELIGIBILITY
SEC. 301. ELECTRONIC EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.
(a) In General.--Chapter 8 of title II of the Immigration and
Nationality Act (8 U.S.C. 1321 et seq.) is amended by inserting after
section 274D the following:
``SEC. 274E. REQUIREMENTS FOR THE ELECTRONIC VERIFICATION OF EMPLOYMENT
ELIGIBILITY.
``(a) Employment Eligibility Verification System.--
``(1) In general.--The Secretary of Homeland Security
(referred to in this section as the `Secretary') shall
establish and administer an electronic verification system
(referred to in this section as the `System'), patterned on the
E-Verify Program described in section 403(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note) (as in effect on the day before the
effective date described in section 303(a)(4) of the Farm
Workforce Modernization Act of 2019), and using the employment
eligibility confirmation system established under section 404
of such Act (8 U.S.C. 1324a note) (as so in effect) as a
foundation, through which the Secretary shall--
``(A) respond to inquiries made by persons or
entities seeking to verify the identify and employment
authorization of individuals that such persons or
entities seek to hire, or to recruit or refer for a
fee, for employment in the United States; and
``(B) maintain records of the inquiries that were
made, and of verifications provided (or not provided)
to such persons or entities as evidence of compliance
with the requirements of this section.
``(2) Initial response deadline.--The System shall provide
confirmation or a tentative nonconfirmation of an individual's
identity and employment authorization as soon as practicable,
but not later than 3 calendar days after the initial inquiry.
``(3) General design and operation of system.--The
Secretary shall design and operate the System--
``(A) using responsive web design and other
technologies to maximize its ease of use and
accessibility for users on a variety of electronic
devices and screen sizes, and in remote locations;
``(B) to maximize the accuracy of responses to
inquiries submitted by persons or entities;
``(C) to maximize the reliability of the System and
to register each instance when the System is unable to
receive inquiries;
``(D) to protect the privacy and security of the
personally identifiable information maintained by or
submitted to the System;
``(E) to provide direct notification of an inquiry
to an individual with respect to whom the inquiry is
made, including the results of such inquiry, and
information related to the process for challenging the
results; and
``(F) to maintain appropriate administrative,
technical, and physical safeguards to prevent misuse of
the System and unfair immigration-related employment
practices.
``(4) Measures to prevent identity theft and other forms of
fraud.--To prevent identity theft and other forms of fraud, the
Secretary shall design and operate the System with the
following attributes:
``(A) Photo matching tool.--The System shall
display the digital photograph of the individual, if
any, that corresponds to the document presented by an
individual to establish identity and employment
authorization so that the person or entity that makes
an inquiry can compare the photograph displayed by the
System to the photograph on the document presented by
the individual.
``(B) Individual monitoring and suspension of
identifying information.--The System shall enable
individuals to establish user accounts, after
authentication of an individual's identity, that would
allow an individual to--
``(i) confirm the individual's own
employment authorization;
``(ii) receive electronic notification when
the individual's social security account number
or other personally identifying information has
been submitted to the System;
``(iii) monitor the use history of the
individual's personally identifying information
in the System, including the identities of all
persons or entities that have submitted such
identifying information to the System, the date
of each query run, and the System response for
each query run;
``(iv) suspend or limit the use of the
individual's social security account number or
other personally identifying information for
purposes of the System; and
``(v) provide notice to the Department of
Homeland Security of any suspected identity
fraud or other improper use of personally
identifying information.
``(C) Blocking misused social security account
numbers.--
``(i) In general.--The Secretary, in
consultation with the Commissioner of Social
Security (referred to in this section as the
`Commissioner'), shall develop, after
publication in the Federal Register and an
opportunity for public comment, a process in
which social security account numbers that have
been identified to be subject to unusual
multiple use in the System or that are
otherwise suspected or determined to have been
compromised by identity fraud or other misuse,
shall be blocked from use in the System unless
the individual using such number is able to
establish, through secure and fair procedures,
that the individual is the legitimate holder of
the number.
``(ii) Notice.--If the Secretary blocks or
suspends a social security account number under
this subparagraph, the Secretary shall provide
notice to the persons or entities that have
made inquiries to the System using such account
number that the identity and employment
authorization of the individual who provided
such account number must be re-verified.
``(D) Additional identity authentication tool.--The
Secretary shall develop, after publication in the
Federal Register and an opportunity for public comment,
additional security measures to adequately verify the
identity of an individual whose identity may not be
verified using the photo tool described in subparagraph
(A). Such additional security measures--
``(i) shall be kept up-to-date with
technological advances; and
``(ii) shall be designed to provide a high
level of certainty with respect to identity
authentication.
``(E) Child-lock pilot program.--The Secretary, in
consultation with the Commissioner, shall establish a
reliable, secure program through which parents or legal
guardians may suspend or limit the use of the social
security account number or other personally identifying
information of a minor under their care for purposes of
the System. The Secretary may implement the program on
a limited pilot basis before making it fully available
to all individuals.
``(5) Responsibilities of the commissioner of social
security.--The Commissioner, in consultation with the
Secretary, shall establish a reliable, secure method, which,
within the time periods specified in paragraph (2) and
subsection (b)(4)(D)(i)(II), compares the name and social
security account number provided in an inquiry against such
information maintained by the Commissioner in order to validate
(or not validate) the information provided by the person or
entity with respect to an individual whose identity and
employment authorization the person or entity seeks to confirm,
the correspondence of the name and number, and whether the
individual has presented a social security account number that
is not valid for employment. The Commissioner shall not
disclose or release social security information (other than
such confirmation or nonconfirmation) under the System except
as provided under this section or section 205(c)(2)(I) of the
Social Security Act (42 U.S.C. 405).
``(6) Responsibilities of the secretary of homeland
security.--
``(A) In general.--The Secretary of Homeland
Security shall establish a reliable, secure method,
which, within the time periods specified in paragraph
(2) and subsection (b)(4)(D)(i)(II), compares the name
and identification or other authorization number (or
any other information determined relevant by the
Secretary) which are provided in an inquiry against
such information maintained or accessed by the
Secretary in order to validate (or not validate) the
information provided, the correspondence of the name
and number, and whether the individual is authorized to
be employed in the United States.
``(B) Training.--The Secretary shall provide and
regularly update training materials on the use of the
System for persons and entities making inquiries.
``(C) Audit.--The Secretary shall provide for
periodic auditing of the System to detect and prevent
misuse, discrimination, fraud, and identity theft, to
protect privacy and assess System accuracy, and to
preserve the integrity and security of the information
in the System.
``(D) Notice of system changes.--The Secretary
shall provide appropriate notification to persons and
entities registered in the System of any change made by
the Secretary or the Commissioner related to permitted
and prohibited documents, and use of the System.
``(7) Responsibilities of the secretary of state.--As part
of the System, the Secretary of State shall provide to the
Secretary of Homeland Security access to passport and visa
information as needed to confirm that a passport or passport
card presented under subsection (b)(3)(A)(i) confirms the
employment authorization and identity of the individual
presenting such document, and that a passport, passport card,
or visa photograph matches the Secretary of State's records,
and shall provide such assistance as the Secretary of Homeland
Security may request in order to resolve tentative
nonconfirmations or final nonconfirmations relating to such
information.
``(8) Updating information.--The Commissioner, the
Secretary of Homeland Security, and the Secretary of State
shall update records in their custody in a manner that promotes
maximum accuracy of the System and shall provide a process for
the prompt correction of erroneous information, including
instances in which it is brought to their attention through the
secondary verification process under subsection (b)(4)(D).
``(9) Mandatory and voluntary system uses.--
``(A) Mandatory users.--Except as otherwise
provided under Federal or State law, such as sections
302 and 303 of the Farm Workforce Modernization Act of
2019, nothing in this section shall be construed as
requiring the use of the System by any person or entity
hiring, recruiting, or referring for a fee, an
individual for employment in the United States.
``(B) Voluntary users.--Beginning after the date
that is 30 days after the date on which final rules are
published under section 309(a) of the Farm Workforce
Modernization Act of 2019, a person or entity may use
the System on a voluntary basis to seek verification of
the identity and employment authorization of
individuals the person or entity is hiring, recruiting,
or referring for a fee for employment in the United
States.
``(C) Process for non-users.--The employment
verification process for any person or entity hiring,
recruiting, or referring for a fee, an individual for
employment in the United States shall be governed by
section 274A(b) unless the person or entity--
``(i) is required by Federal or State law
to use the System; or
``(ii) has opted to use the System
voluntarily in accordance with subparagraph
(B).
``(10) No fee for use.--The Secretary may not charge a fee
to an individual, person, or entity related to the use of the
System.
``(b) New Hires, Recruitment, and Referral.--Notwithstanding
section 274A(b), the requirements referred to in paragraphs (1)(B) and
(3) of section 274A(a) are, in the case of a person or entity that uses
the System for the hiring, recruiting, or referring for a fee, an
individual for employment in the United States, the following:
``(1) Individual attestation of employment authorization.--
During the period beginning on the date on which an offer of
employment is accepted and ending on the date of hire, the
individual shall attest, under penalty of perjury on a form
designated by the Secretary, that the individual is authorized
to be employed in the United States by providing on such form--
``(A) the individual's name and date of birth;
``(B) the individual's social security account
number (unless the individual has applied for and not
yet been issued such a number);
``(C) whether the individual is--
``(i) a citizen or national of the United
States;
``(ii) an alien lawfully admitted for
permanent residence; or
``(iii) an alien who is otherwise
authorized by the Secretary to be hired,
recruited, or referred for employment in the
United States; and
``(D) if the individual does not attest to United
States citizenship or nationality, such identification
or other authorization number established by the
Department of Homeland Security for the alien as the
Secretary may specify.
``(2) Employer attestation after examination of
documents.--
``(A) Attestation.--Not later than 3 business days
after the date of hire, the person or entity shall
attest, under penalty of perjury on the form designated
by the Secretary for purposes of paragraph (1), that it
has verified that the individual is not an unauthorized
alien by--
``(i) obtaining from the individual the
information described in paragraph (1) and
recording such information on the form;
``(ii) examining--
``(I) a document described in
paragraph (3)(A); or
``(II) a document described in
paragraph (3)(B) and a document
described in paragraph (3)(C); and
``(iii) attesting that the information
recorded on the form is consistent with the
documents examined.
``(3) Acceptable documents.--
``(A) Documents establishing employment
authorization and identity.--A document described in
this subparagraph is an individual's--
``(i) United States passport or passport
card;
``(ii) permanent resident card that
contains a photograph;
``(iii) foreign passport containing
temporary evidence of lawful permanent
residence in the form of an official I-551 (or
successor) stamp from the Department of
Homeland Security or a printed notation on a
machine-readable immigrant visa;
``(iv) unexpired employment authorization
card that contains a photograph;
``(v) in the case of a nonimmigrant alien
authorized to engage in employment for a
specific employer incident to status, a foreign
passport with Form I-94, Form I-94A, or other
documentation as designated by the Secretary
specifying the alien's nonimmigrant status as
long as such status has not yet expired and the
proposed employment is not in conflict with any
restrictions or limitations identified in the
documentation;
``(vi) passport from the Federated States
of Micronesia or the Republic of the Marshall
Islands with Form I-94, Form I-94A, or other
documentation as designated by the Secretary,
indicating nonimmigrant admission under the
Compact of Free Association Between the United
States and the Federated States of Micronesia
or the Republic of the Marshall Islands; or
``(vii) other document designated by the
Secretary, by notice published in the Federal
Register, if the document--
``(I) contains a photograph of the
individual, biometric identification
data, and other personal identifying
information relating to the individual;
``(II) is evidence of authorization
for employment in the United States;
and
``(III) contains security features
to make it resistant to tampering,
counterfeiting, and fraudulent use.
``(B) Documents establishing employment
authorization.--A document described in this
subparagraph is--
``(i) an individual's social security
account number card (other than such a card
which specifies on the face that the issuance
of the card does not authorize employment in
the United States); or
``(ii) a document establishing employment
authorization that the Secretary determines, by
notice published in the Federal Register, to be
acceptable for purposes of this subparagraph,
provided that such documentation contains
security features to make it resistant to
tampering, counterfeiting, and fraudulent use.
``(C) Documents establishing identity.--A document
described in this subparagraph is--
``(i) an individual's driver's license or
identification card if it was issued by a State
or one of the outlying possessions of the
United States and contains a photograph and
personal identifying information relating to
the individual;
``(ii) an individual's unexpired United
States military identification card;
``(iii) an individual's unexpired Native
American tribal identification document issued
by a tribal entity recognized by the Bureau of
Indian Affairs;
``(iv) in the case of an individual under
18 years of age, a parent or legal guardian's
attestation under penalty of law as to the
identity and age of the individual; or
``(v) a document establishing identity that
the Secretary determines, by notice published
in the Federal Register, to be acceptable for
purposes of this subparagraph, if such
documentation contains a photograph of the
individual, biometric identification data, and
other personal identifying information relating
to the individual, and security features to
make it resistant to tampering, counterfeiting,
and fraudulent use.
``(D) Authority to prohibit use of certain
documents.--If the Secretary finds that any document or
class of documents described in subparagraph (A), (B),
or (C) does not reliably establish identity or
employment authorization or is being used fraudulently
to an unacceptable degree, the Secretary may, by notice
published in the Federal Register, prohibit or place
conditions on the use of such document or class of
documents for purposes of this section.
``(4) Use of the system to screen identity and employment
authorization.--
``(A) In general.--In the case of a person or
entity that uses the System for the hiring, recruiting,
or referring for a fee an individual for employment in
the United States, during the period described in
subparagraph (B), the person or entity shall submit an
inquiry through the System described in subsection (a)
to seek verification of the identity and employment
authorization of the individual.
``(B) Verification period.--
``(i) In general.--Except as provided in
clause (ii), and subject to subsection (d), the
verification period shall begin on the date of
hire and end on the date that is 3 business
days after the date of hire, or such other
reasonable period as the Secretary may
prescribe.
``(ii) Special rule.--In the case of an
alien who is authorized to be employed in the
United States and who provides evidence from
the Social Security Administration that the
alien has applied for a social security account
number, the verification period shall end 3
business days after the alien receives the
social security account number.
``(C) Confirmation.--If a person or entity receives
confirmation of an individual's identity and employment
authorization, the person or entity shall record such
confirmation on the form designated by the Secretary
for purposes of paragraph (1).
``(D) Tentative nonconfirmation.--
``(i) In general.--In cases of tentative
nonconfirmation, the Secretary shall provide,
in consultation with the Commissioner, a
process for--
``(I) an individual to contest the
tentative nonconfirmation not later
than 10 business days after the date of
the receipt of the notice described in
clause (ii); and
``(II) the Secretary to issue a
confirmation or final nonconfirmation
of an individual's identity and
employment authorization not later than
30 calendar days after the Secretary
receives notice from the individual
contesting a tentative nonconfirmation.
``(ii) Notice.--If a person or entity
receives a tentative nonconfirmation of an
individual's identity or employment
authorization, the person or entity shall, not
later than 3 business days after receipt,
notify such individual in writing in a language
understood by the individual and on a form
designated by the Secretary, that shall include
a description of the individual's right to
contest the tentative nonconfirmation. The
person or entity shall attest, under penalty of
perjury, that the person or entity provided (or
attempted to provide) such notice to the
individual, and the individual shall
acknowledge receipt of such notice in a manner
specified by the Secretary.
``(iii) No contest.--
``(I) In general.--A tentative
nonconfirmation shall become final if,
upon receiving the notice described in
clause (ii), the individual--
``(aa) refuses to
acknowledge receipt of such
notice;
``(bb) acknowledges in
writing, in a manner specified
by the Secretary, that the
individual will not contest the
tentative nonconfirmation; or
``(cc) fails to contest the
tentative nonconfirmation
within the 10-business-day
period beginning on the date
the individual received such
notice.
``(II) Record of no contest.--The
person or entity shall indicate in the
System that the individual did not
contest the tentative nonconfirmation
and shall specify the reason the
tentative nonconfirmation became final
under subclause (I).
``(III) Effect of failure to
contest.--An individual's failure to
contest a tentative nonconfirmation
shall not be considered an admission of
any fact with respect to any violation
of this Act or any other provision of
law.
``(iv) Contest.--
``(I) In general.--An individual
may contest a tentative nonconfirmation
by using the process for secondary
verification under clause (i), not
later than 10 business days after
receiving the notice described in
clause (ii). Except as provided in
clause (iii), the nonconfirmation shall
remain tentative until a confirmation
or final nonconfirmation is provided by
the System.
``(II) Prohibition on
termination.--In no case shall a person
or entity terminate employment or take
any adverse employment action against
an individual for failure to obtain
confirmation of the individual's
identity and employment authorization
until the person or entity receives a
notice of final nonconfirmation from
the System. Nothing in this subclause
shall prohibit an employer from
terminating the employment of the
individual for any other lawful reason.
``(III) Confirmation or final
nonconfirmation.--The Secretary, in
consultation with the Commissioner,
shall issue notice of a confirmation or
final nonconfirmation of the
individual's identity and employment
authorization not later than 30
calendar days after the date the
Secretary receives notice from the
individual contesting the tentative
nonconfirmation.
``(E) Final nonconfirmation.--
``(i) Notice.--If a person or entity
receives a final nonconfirmation of an
individual's identity or employment
authorization, the person or entity shall, not
later than 3 business days after receipt,
notify such individual of the final
nonconfirmation in writing, on a form
designated by the Secretary, which shall
include information regarding the individual's
right to appeal the final nonconfirmation as
provided under subparagraph (F). The person or
entity shall attest, under penalty of perjury,
that the person or entity provided (or
attempted to provide) the notice to the
individual, and the individual shall
acknowledge receipt of such notice in a manner
designated by the Secretary.
``(ii) Termination or notification of
continued employment.--If a person or entity
receives a final nonconfirmation regarding an
individual, the person or entity may terminate
employment of the individual. If the person or
entity does not terminate such employment
pending appeal of the final nonconfirmation,
the person or entity shall notify the Secretary
of such fact through the System. Failure to
notify the Secretary in accordance with this
clause shall be deemed a violation of section
274A(a)(1)(A).
``(iii) Presumption of violation for
continued employment.--If a person or entity
continues to employ an individual after receipt
of a final nonconfirmation, there shall be a
rebuttable presumption that the person or
entity has violated paragraphs (1)(A) and
(a)(2) of section 274A(a).
``(F) Appeal of final nonconfirmation.--
``(i) Administrative appeal.--The
Secretary, in consultation with the
Commissioner, shall develop a process by which
an individual may seek administrative review of
a final nonconfirmation. Such process shall--
``(I) permit the individual to
submit additional evidence establishing
identity or employment authorization;
``(II) ensure prompt resolution of
an appeal (but in no event shall there
be a failure to respond to an appeal
within 30 days); and
``(III) permit the Secretary to
impose a civil money penalty (not to
exceed $500) on an individual upon
finding that an appeal was frivolous or
filed for purposes of delay.
``(ii) Compensation for lost wages
resulting from government error or omission.--
``(I) In general.--If, upon
consideration of an appeal of a final
nonconfirmation, the Secretary
determines that the final
nonconfirmation was issued in error,
the Secretary shall further determine
whether the final nonconfirmation was
the result of government error or
omission. If the Secretary determines
that the final nonconfirmation was
solely the result of government error
or omission and the individual was
terminated from employment, the
Secretary shall compensate the
individual for lost wages.
``(II) Calculation of lost wages.--
Lost wages shall be calculated based on
the wage rate and work schedule that
were in effect prior to the
individual's termination. The
individual shall be compensated for
lost wages beginning on the first
scheduled work day after employment was
terminated and ending 90 days after
completion of the administrative review
process described in this subparagraph
or the day the individual is reinstated
or obtains other employment, whichever
occurs first.
``(III) Limitation on
compensation.--No compensation for lost
wages shall be awarded for any period
during which the individual was not
authorized for employment in the United
States.
``(IV) Source of funds.--There is
established in the general fund of the
Treasury, a separate account which
shall be known as the `Electronic
Verification Compensation Account'.
Fees collected under subsections (f)
and (g) shall be deposited in the
Electronic Verification Compensation
Account and shall remain available for
purposes of providing compensation for
lost wages under this subclause.
``(iii) Judicial review.--Not later than 30
days after the dismissal of an appeal under
this subparagraph, an individual may seek
judicial review of such dismissal in the United
States District Court in the jurisdiction in
which the employer resides or conducts
business.
``(5) Retention of verification records.--
``(A) In general.--After completing the form
designated by the Secretary in accordance with
paragraphs (1) and (2), the person or entity shall
retain the form in paper, microfiche, microfilm,
electronic, or other format deemed acceptable by the
Secretary, and make it available for inspection by
officers of the Department of Homeland Security, the
Department of Justice, or the Department of Labor
during the period beginning on the date the
verification is completed and ending on the later of--
``(i) the date that is 3 years after the
date of hire; or
``(ii) the date that is 1 year after the
date on which the individual's employment is
terminated.
``(B) Copying of documentation permitted.--
Notwithstanding any other provision of law, a person or
entity may copy a document presented by an individual
pursuant to this section and may retain the copy, but
only for the purpose of complying with the requirements
of this section.
``(c) Reverification of Previously Hired Individuals.--
``(1) Mandatory reverification.--In the case of a person or
entity that uses the System for the hiring, recruiting, or
referring for a fee an individual for employment in the United
States, the person or entity shall submit an inquiry using the
System to verify the identity and employment authorization of--
``(A) an individual with a limited period of
employment authorization, within 3 business days before
the date on which such employment authorization
expires; and
``(B) an individual, not later than 10 days after
receiving a notification from the Secretary requiring
the verification of such individual pursuant to
subsection (a)(4)(C).
``(2) Reverification procedures.--The verification
procedures under subsection (b) shall apply to reverifications
under this subsection, except that employers shall--
``(A) use a form designated by the Secretary for
purposes of this paragraph; and
``(B) retain the form in paper, microfiche,
microfilm, electronic, or other format deemed
acceptable by the Secretary, and make it available for
inspection by officers of the Department of Homeland
Security, the Department of Justice, or the Department
of Labor during the period beginning on the date the
reverification commences and ending on the later of--
``(i) the date that is 3 years after the
date of reverification; or
``(ii) the date that is 1 year after the
date on which the individual's employment is
terminated.
``(3) Limitation on reverification.--Except as provided in
paragraph (1), a person or entity may not otherwise reverify
the identity and employment authorization of a current
employee, including an employee continuing in employment.
``(d) Good Faith Compliance.--
``(1) In general.--Except as otherwise provided in this
subsection, a person or entity that uses the System is
considered to have complied with the requirements of this
section notwithstanding a technical failure of the System, or
other technical or procedural failure to meet such requirement
if there was a good faith attempt to comply with the
requirement.
``(2) Exception for failure to correct after notice.--
Paragraph (1) shall not apply if--
``(A) the failure is not de minimis;
``(B) the Secretary has provided notice to the
person or entity of the failure, including an
explanation as to why it is not de minimis;
``(C) the person or entity has been provided a
period of not less than 30 days (beginning after the
date of the notice) to correct the failure; and
``(D) the person or entity has not corrected the
failure voluntarily within such period.
``(3) Exception for pattern or practice violators.--
Paragraph (1) shall not apply to a person or entity that has
engaged or is engaging in a pattern or practice of violations
of paragraph (1)(A) or (2) of section 274A(a).
``(4) Defense.--In the case of a person or entity that uses
the System for the hiring, recruiting, or referring for a fee
an individual for employment in the United States, the person
or entity shall not be liable to a job applicant, an employee,
the Federal Government, or a State or local government, under
Federal, State, or local criminal or civil law, for any
employment-related action taken with respect to an employee in
good-faith reliance on information provided by the System. Such
person or entity shall be deemed to have established compliance
with its obligations under this section, absent a showing by
the Secretary, by clear and convincing evidence, that the
employer had knowledge that an employee is an unauthorized
alien.
``(e) Limitations.--
``(1) No national identification card.--Nothing in this
section shall be construed to authorize, directly or
indirectly, the issuance or use of national identification
cards or the establishment of a national identification card.
``(2) Use of records.--Notwithstanding any other provision
of law, nothing in this section shall be construed to permit or
allow any department, bureau, or other agency of the United
States Government to utilize any information, database, or
other records assembled under this section for any purpose
other than the verification of identity and employment
authorization of an individual or to ensure the secure,
appropriate, and non-discriminatory use of the System.
``(f) Penalties.--
``(1) In general.--Except as provided in this subsection,
the provisions of subsections (e) through (g) of section 274A
shall apply with respect to compliance with the provisions of
this section and penalties for non-compliance for persons or
entitles that use the System.
``(2) Cease and desist order with civil money penalties for
hiring, recruiting, and referral violations.--Notwithstanding
the civil money penalties set forth in section 274A(e)(4), with
respect to a violation of paragraph (1)(A) or (2) of section
274A(a) by a person or entity that has hired, recruited, or
referred for a fee, an individual for employment in the United
States, a cease and desist order--
``(A) shall require the person or entity to pay a
civil penalty in an amount, subject to subsection (d),
of--
``(i) not less than $2,500 and not more
than $5,000 for each unauthorized alien with
respect to whom a violation of either such
subsection occurred;
``(ii) not less than $5,000 and not more
than $10,000 for each such alien in the case of
a person or entity previously subject to one
order under this paragraph; or
``(iii) not less than $10,000 and not more
than $25,000 for each such alien in the case of
a person or entity previously subject to more
than one order under this paragraph; and
``(B) may require the person or entity to take such
other remedial action as appropriate.
``(3) Order for civil money penalty for violations.--With
respect to a violation of section 274A(a)(1)(B), the order
under this paragraph shall require the person or entity to pay
a civil penalty in an amount, subject to paragraphs (4), (5),
and (6), of not less than $1,000 and not more than $25,000 for
each individual with respect to whom such violation occurred.
Failure by a person or entity to utilize the System as required
by law or providing information to the System that the person
or entity knows or reasonably believes to be false, shall be
treated as a violation of section 274A(a)(1)(A).
``(4) Exemption from penalty for good faith violation.--
``(A) In general.--A person or entity that uses the
System is presumed to have acted with knowledge for
purposes of paragraphs (1)(A) and (2) of section
274A(a) if the person or entity fails to make an
inquiry to verify the identity and employment
authorization of the individual through the System.
``(B) Good faith exemption.--In the case of
imposition of a civil penalty under paragraph (2)(A)
with respect to a violation of paragraph (1)(A) or (2)
of section 274A(a) for hiring or continuation of
employment or recruitment or referral by a person or
entity, and in the case of imposition of a civil
penalty under paragraph (3) for a violation of section
274A(a)(1)(B) for hiring or recruitment or referral by
a person or entity, the penalty otherwise imposed may
be waived or reduced if the person or entity
establishes that the person or entity acted in good
faith.
``(5) Mitigation elements.--For purposes of paragraphs
(2)(A) and (3), when assessing the level of civil money
penalties, in addition to the good faith of the person or
entity being charged, due consideration shall be given to the
size of the business, the seriousness of the violation, whether
or not the individual was an unauthorized alien, and the
history of previous violations.
``(6) Criminal penalty.--Notwithstanding section 274A(f)(1)
and the provisions of any other Federal law relating to fine
levels, any person or entity that is required to comply with
the provisions of this section and that engages in a pattern or
practice of violations of paragraph (1) or (2) of section
274A(a), shall be fined not more than $5,000 for each
unauthorized alien with respect to whom such a violation
occurs, imprisoned for not more than 18 months, or both.
``(7) Electronic verification compensation account.--Civil
money penalties collected under this subsection shall be
deposited in the Electronic Verification Compensation Account
for the purpose of compensating individuals for lost wages as a
result of a final nonconfirmation issued by the System that was
based on government or employer error or omission, as set forth
in subsection (b)(4)(F)(ii)(IV).
``(8) Debarment.--
``(A) In general.--If a person or entity is
determined by the Secretary to be a repeat violator of
paragraph (1)(A) or (2) of section 274A(a) or is
convicted of a crime under section 274A, such person or
entity may be considered for debarment from the receipt
of Federal contracts, grants, or cooperative agreements
in accordance with the debarment standards and pursuant
to the debarment procedures set forth in the Federal
Acquisition Regulation.
``(B) No contract, grant, agreement.--If the
Secretary or the Attorney General wishes to have a
person or entity considered for debarment in accordance
with this paragraph, and such a person or entity does
not hold a Federal contract, grant or cooperative
agreement, the Secretary or Attorney General shall
refer the matter to the Administrator of General
Services to determine whether to list the person or
entity on the List of Parties Excluded from Federal
Procurement, and if so, for what duration and under
what scope.
``(C) Contract, grant, agreement.--If the Secretary
or the Attorney General wishes to have a person or
entity considered for debarment in accordance with this
paragraph, and such person or entity holds a Federal
contract, grant, or cooperative agreement, the
Secretary or Attorney General shall advise all agencies
or departments holding a contract, grant, or
cooperative agreement with the person or entity of the
Government's interest in having the person or entity
considered for debarment, and after soliciting and
considering the views of all such agencies and
departments, the Secretary or Attorney General may
refer the matter to the appropriate lead agency to
determine whether to list the person or entity on the
List of Parties Excluded from Federal Procurement, and
if so, for what duration and under what scope.
``(D) Review.--Any decision to debar a person or
entity in accordance with this subsection shall be
reviewable pursuant to part 9.4 of the Federal
Acquisition Regulation.
``(9) Preemption.--The provisions of this section preempt
any State or local law, ordinance, policy, or rule, including
any criminal or civil fine or penalty structure, relating to
the hiring, continued employment, or status verification for
employment eligibility purposes, of unauthorized aliens, except
that a State, locality, municipality, or political subdivision
may exercise its authority over business licensing and similar
laws as a penalty for failure to use the System as required
under this section.
``(g) Unfair Immigration-Related Employment Practices and the
System.--
``(1) In general.--In addition to the prohibitions on
discrimination set forth in section 274B, it is an unfair
immigration-related employment practice for a person or entity,
in the course of utilizing the System--
``(A) to use the System for screening an applicant
prior to the date of hire;
``(B) to terminate the employment of an individual
or take any adverse employment action with respect to
that individual due to a tentative nonconfirmation
issued by the System;
``(C) to use the System to screen any individual
for any purpose other than confirmation of identity and
employment authorization as provided in this section;
``(D) to use the System to verify the identity and
employment authorization of a current employee,
including an employee continuing in employment, other
than reverification authorized under subsection (c);
``(E) to use the System to discriminate based on
national origin or citizenship status;
``(F) to willfully fail to provide an individual
with any notice required under this title;
``(G) to require an individual to make an inquiry
under the self-verification procedures described in
subsection (a)(4)(B) or to provide the results of such
an inquiry as a condition of employment, or hiring,
recruiting, or referring; or
``(H) to terminate the employment of an individual
or take any adverse employment action with respect to
that individual based upon the need to verify the
identity and employment authorization of the individual
as required by subsection (b).
``(2) Preemployment screening and background check.--
Nothing in paragraph (1)(A) shall be construed to preclude a
preemployment screening or background check that is required or
permitted under any other provision of law.
``(3) Civil money penalties for discriminatory conduct.--
Notwithstanding section 274B(g)(2)(B)(iv), the penalties that
may be imposed by an administrative law judge with respect to a
finding that a person or entity has engaged in an unfair
immigration-related employment practice described in paragraph
(1) are--
``(A) not less than $1,000 and not more than $4,000
for each individual discriminated against;
``(B) in the case of a person or entity previously
subject to a single order under this paragraph, not
less than $4,000 and not more than $10,000 for each
individual discriminated against; and
``(C) in the case of a person or entity previously
subject to more than one order under this paragraph,
not less than $6,000 and not more than $20,000 for each
individual discriminated against.
``(4) Electronic verification compensation account.--Civil
money penalties collected under this subsection shall be
deposited in the Electronic Verification Compensation Account
for the purpose of compensating individuals for lost wages as a
result of a final nonconfirmation issued by the System that was
based on government error or omission, as set forth in
subsection (b)(4)(F)(ii)(IV).
``(h) Clarification.--All rights and remedies provided under any
Federal, State, or local law relating to workplace rights, including
but not limited to back pay, are available to an employee despite--
``(1) the employee's status as an unauthorized alien during
or after the period of employment; or
``(2) the employer's or employee's failure to comply with
the requirements of this section.
``(i) Definition.--In this section, the term `date of hire' means
the date on which employment for pay or other remuneration
commences.''.
(b) Conforming Amendment.--The table of contents for the
Immigration and Nationality Act is amended by inserting after the item
relating to section 274D the following:
``Sec. 274E. Requirements for the electronic verification of employment
eligibility.''.
SEC. 302. MANDATORY ELECTRONIC VERIFICATION FOR THE AGRICULTURAL
INDUSTRY.
(a) In General.--The requirements for the electronic verification
of identity and employment authorization described in section 274E of
the Immigration and Nationality Act, as inserted by section 301 of this
Act, shall apply to a person or entity hiring, recruiting, or referring
for a fee an individual for agricultural employment in the United
States in accordance with the effective dates set forth in subsection
(b).
(b) Effective Dates.--
(1) Hiring.--Subsection (a) shall apply to a person or
entity hiring an individual for agricultural employment in the
United States as follows:
(A) With respect to employers having 500 or more
employees in the United States on the date of the
enactment of this Act, on the date that is 6 months
after completion of the application period described in
section 101(c).
(B) With respect to employers having 100 or more
employees in the United States (but less than 500 such
employees) on the date of the enactment of this Act, on
the date that is 9 months after completion of the
application period described in section 101(c).
(C) With respect to employers having 20 or more
employees in the United States (but less than 100 such
employees) on the date of the enactment of this Act, on
the date that is 12 months after completion of the
application period described in section 101(c).
(D) With respect to employers having one or more
employees in the United States (but less than 20 such
employees), on the date of the enactment of this Act,
on the date that is 15 months after completion of the
application period described in section 101(c).
(2) Recruiting and referring.--Subsection (a) shall apply
to a person or entity recruiting or referring an individual for
agricultural employment in the United States on the date that
is 12 months after completion of the application period
described in section 101(c).
(3) Transition rule.--Except as required under subtitle A
of title IV of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note) (as in effect
on the day before the effective date described in section
303(a)(4)), Executive Order 13465 (8 U.S.C. 1324a note;
relating to Government procurement), or any State law requiring
persons or entities to use the E-Verify Program described in
section 403(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note) (as in effect
on the day before the effective date described in section
303(a)(4)), sections 274A and 274B of the Immigration and
Nationality Act (8 U.S.C. 1324a and 1324b) shall apply to a
person or entity hiring, recruiting, or referring an individual
for employment in the United States until the applicable
effective date under this subsection.
(4) E-verify voluntary users and others desiring early
compliance.--Nothing in this subsection shall be construed to
prohibit persons or entities, including persons or entities
that have voluntarily elected to participate in the E-Verify
Program described in section 403(a) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a
note) (as in effect on the day before the effective date
described in section 303(a)(4)), from seeking early compliance
on a voluntary basis.
(c) Rural Access to Secondary Review Process.--
(1) In general.--The Secretary of Homeland Security and the
Commissioner of Social Security shall coordinate with the
Secretary of Agriculture to create an alternate process for an
individual to contest a tentative nonconfirmation as described
in section 274E(b)(4)(D) of the Immigration and Nationality
Act, as inserted by section 301 of this Act, by appearing in-
person at a local office or service center of the U.S.
Department of Agriculture or at a local office of the U.S.
Social Security Administration.
(2) Staffing and resources.--The Secretary of Agriculture
and Commissioner of Social Security shall ensure that local
offices and service centers of the U.S. Department of
Agriculture and local offices of the U.S. Social Security
Administration are staffed appropriately and have the resources
necessary to receive in-person requests for secondary review of
a tentative nonconfirmation under paragraph (1) from
individuals and to facilitate the secondary review process by
serving as a single point of contact between the individual and
the Department of Homeland Security and the Social Security
Administration.
(d) Document Establishing Employment Authorization and Identity.--
In accordance with section 274E(b)(3)(A)(vii) of the Immigration and
Nationality Act, as inserted by section 301 of this Act, and not later
than 12 months after the completion of the application period described
in section 101(c) of this Act, the Secretary of Homeland Security shall
recognize documentary evidence of certified agricultural worker status
described in section 102(a)(2) of this Act as valid proof of employment
authorization and identity for purposes of section 274E(b)(3)(A) of the
Immigration and Nationality Act, as inserted by section 301 of this
Act.
(e) Agricultural Employment.--For purposes of this section, the
term ``agricultural employment'' means agricultural labor or services,
as defined by section 101(a)(15)(H)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)), as amended by this Act.
SEC. 303. COORDINATION WITH E-VERIFY PROGRAM.
(a) Repeal.--
(1) In general.--Subtitle A of title IV of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note) is repealed.
(2) Clerical amendment.--The table of sections, in section
1(d) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, is amended by striking the items
relating to subtitle A of title IV.
(3) References.--Any reference in any Federal, State, or
local law, Executive order, rule, regulation, or delegation of
authority, or any document of, or pertaining to, the Department
of Homeland Security, Department of Justice, or the Social
Security Administration, to the E-Verify Program described in
section 403(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note), or to the
employment eligibility confirmation system established under
section 404 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note), is deemed to
refer to the employment eligibility confirmation system
established under section 274E of the Immigration and
Nationality Act, as inserted by section 301 of this Act.
(4) Effective date.--This subsection, and the amendments
made by this subsection, shall take effect on the date that is
30 days after the date on which final rules are published under
section 309(a).
(b) Former E-Verify Mandatory Users, Including Federal
Contractors.--Beginning on the effective date in subsection (a)(4), the
Secretary of Homeland Security shall require employers required to
participate in the E-Verify Program described in section 403(a) of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note) by reason of any Federal, State, or local law,
Executive order, rule, regulation, or delegation of authority,
including employers required to participate in such program by reason
of Federal acquisition laws (and regulations promulgated under those
laws, including the Federal Acquisition Regulation), to comply with the
requirements of section 274E of the Immigration and Nationality Act, as
inserted by section 301 of this Act (and any additional requirements of
such Federal acquisition laws and regulation) in lieu of any
requirement to participate in the E-Verify Program.
(c) Former E-Verify Voluntary Users.--Beginning on the effective
date in subsection (a)(4), the Secretary of Homeland Security shall
provide for the voluntary compliance with the requirements of section
274E of the Immigration and Nationality Act, as inserted by section 301
of this Act, by employers voluntarily electing to participate in the E-
Verify Program described in section 403(a) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note)
before such date.
SEC. 304. FRAUD AND MISUSE OF DOCUMENTS.
Section 1546(b) of title 18, United States Code, is amended--
(1) in paragraph (1), by striking ``identification
document,'' and inserting ``identification document or document
meant to establish employment authorization,'';
(2) in paragraph (2), by striking ``identification
document'' and inserting ``identification document or document
meant to establish employment authorization,''; and
(3) in the matter following paragraph (3) by inserting ``or
section 274E(b)'' after ``section 274A(b)''.
SEC. 305. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Unlawful Employment of Aliens.--Section 274A of the Immigration
and Nationality Act (8 U.S.C. 1324a) is amended--
(1) in paragraph (1)(B)(ii) of subsection (a), by striking
``subsection (b).'' and inserting ``section 274B''; and
(2) in the matter preceding paragraph (1) of subsection
(b), by striking ``The requirements referred'' and inserting
``Except as provided in section 274E, the requirements
referred''.
(b) Unfair Immigration-Related Employment Practices.--Section
274B(a)(1) of the Immigration and Nationality Act (8 U.S.C.
1324b(a)(1)) is amended in the matter preceding subparagraph (A), by
inserting ``including misuse of the verification system as described in
section 274E(g)'' after ``referral for a fee,''.
SEC. 306. PROTECTION OF SOCIAL SECURITY ADMINISTRATION PROGRAMS.
(a) Funding Under Agreement.--Effective for fiscal years beginning
on or after October 1, 2020, the Commissioner and the Secretary shall
enter into and maintain an agreement which shall--
(1) provide funds to the Commissioner for the full costs of
the responsibilities of the Commissioner under section
274E(a)(5) of the Immigration and Nationality Act, as inserted
by section 301 of this Act, including--
(A) acquiring, installing, and maintaining
technological equipment and systems necessary for the
fulfillment of the responsibilities of the Commissioner
under such section, but only that portion of such costs
that are attributable exclusively to such
responsibilities; and
(B) responding to individuals who contest a
tentative nonconfirmation or administratively appeal a
final nonconfirmation provided by the electronic
employment eligibility verification system established
under such section;
(2) provide such funds annually in advance of the
applicable quarter based on an estimating methodology agreed to
by the Commissioner and the Secretary (except in such instances
where the delayed enactment of an annual appropriation may
preclude such quarterly payments); and
(3) require an annual accounting and reconciliation of the
actual costs incurred and the funds provided under the
agreement, which shall be reviewed by the Inspectors General of
the Social Security Administration and the Department of
Homeland Security.
(b) Continuation of Employment Verification in Absence of Timely
Agreement.--In any case in which the agreement required under
subsection (a) for any fiscal year beginning on or after October 1,
2020, has not been reached as of October 1 of such fiscal year, the
latest agreement between the Commissioner and the Secretary providing
for funding to cover the costs of the responsibilities of the
Commissioner under section 274E(a)(5) of the Immigration and
Nationality Act, as inserted by section 301 of this Act, shall be
deemed in effect on an interim basis for such fiscal year until such
time as an agreement required under subsection (a) is subsequently
reached, except that the terms of such interim agreement shall be
modified by the Director of the Office of Management and Budget to
adjust for inflation and any increase or decrease in the volume of
requests under the employment eligibility verification system. In any
case in which an interim agreement applies for any fiscal year under
this subsection, the Commissioner and the Secretary shall, not later
than October 1 of such fiscal year, notify the Committee on Ways and
Means, the Committee on the Judiciary, and the Committee on
Appropriations of the House of Representatives and the Committee on
Finance, the Committee on the Judiciary, and the Committee on
Appropriations of the Senate of the failure to reach the agreement
required under subsection (a) for such fiscal year. Until such time as
the agreement required under subsection (a) has been reached for such
fiscal year, the Commissioner and the Secretary shall, not later than
the end of each 90-day period after October 1 of such fiscal year,
notify such Committees of the status of negotiations between the
Commissioner and the Secretary in order to reach such an agreement.
SEC. 307. REPORT ON THE IMPLEMENTATION OF THE ELECTRONIC EMPLOYMENT
VERIFICATION SYSTEM.
Not later than 24 months after the date on which final rules are
published under section 309(a), and annually thereafter, the Secretary
shall submit to Congress a report that includes:
(1) An assessment of the accuracy rates of the responses of
the electronic employment verification system established under
section 274E of the Immigration and Nationality Act, as
inserted by section 301 of this Act (referred to in this
section as the ``System''), including tentative and final
nonconfirmation notices issued to employment-authorized
individuals and confirmation notices issued to individuals who
are not employment-authorized.
(2) An assessment of any challenges faced by persons or
entities (including small employers) in utilizing the System.
(3) An assessment of any challenges faced by employment-
authorized individuals who are issued tentative or final
nonconfirmation notices.
(4) An assessment of the incidence of unfair immigration-
related employment practices, as described in section 274E(g)
of the Immigration and Nationality Act, as inserted by section
301 of this Act, related to the use of the System.
(5) An assessment of the photo matching and other identity
authentication tools, as described in section 274E(a)(4) of the
Immigration and Nationality Act, as inserted by section 301 of
this Act, including--
(A) an assessment of the accuracy rates of such
tools;
(B) an assessment of the effectiveness of such
tools at preventing identity fraud and other misuse of
identifying information;
(C) an assessment of any challenges faced by
persons, entities, or individuals utilizing such tools;
and
(D) an assessment of operation and maintenance
costs associated with such tools.
(6) A summary of the activities and findings of the U.S.
Citizenship and Immigrations Services E-Verify Monitoring and
Compliance Branch, or any successor office, including--
(A) the number, types and outcomes of audits,
investigations, and other compliance activities
initiated by the Branch in the previous year;
(B) the capacity of the Branch to detect and
prevent violations of section 274E(g) of the
Immigration and Nationality Act, as inserted by this
Act; and
(C) an assessment of the degree to which persons
and entities misuse the System, including--
(i) use of the System before an
individual's date of hire;
(ii) failure to provide required
notifications to individuals;
(iii) use of the System to interfere with
or otherwise impede individuals' assertions of
their rights under other laws; and
(iv) use of the System for unauthorized
purposes.
(7) An assessment of the impact of implementation of the
System in the agricultural industry and the use of the
verification system in agricultural industry hiring and
business practices.
SEC. 308. MODERNIZING AND STREAMLINING THE EMPLOYMENT ELIGIBILITY
VERIFICATION PROCESS.
Not later than 12 months after the date of the enactment of this
Act, the Secretary, in consultation with the Commissioner, shall submit
to Congress a plan to modernize and streamline the employment
eligibility verification process that shall include--
(1) procedures to allow persons and entities to verify the
identity and employment authorization of newly hired
individuals where the in-person, physical examination of
identity and employment authorization documents is not
practicable;
(2) a proposal to create a simplified employment
verification process that allows employers that utilize the
employment eligibility verification system established under
section 274E of the Immigration and Nationality Act, as
inserted by section 301 of this Act, to verify the identity and
employment authorization of individuals without also having to
complete and retain Form I-9, Employment Eligibility
Verification, or any subsequent replacement form; and
(3) any other proposal that the Secretary determines would
simplify the employment eligibility verification process
without compromising the integrity or security of the system.
SEC. 309. RULEMAKING AND PAPERWORK REDUCTION ACT.
(a) In General.--Not later than 180 days prior to the end of the
application period defined in section 101(c) of this Act, the Secretary
shall publish in the Federal Register proposed rules implementing this
title and the amendments made by this title. The Secretary shall
finalize such rules not later than 180 days after the date of
publication.
(b) Paperwork Reduction Act.--
(1) In general.--The requirements under chapter 35 of title
44, United States Code (commonly known as the ``Paperwork
Reduction Act''), shall apply to any action to implement this
title or the amendments made by this title.
(2) Electronic forms.--All forms designated or established
by the Secretary that are necessary to implement this title and
the amendments made by this title shall be made available in
paper and electronic formats, and shall be designed in such a
manner to facilitate electronic completion, storage, and
transmittal.
(3) Limitation on use of forms.--All forms designated or
established by the Secretary that are necessary to implement
this title, and the amendments made by this title, and any
information contained in or appended to such forms, may not be
used for purposes other than for enforcement of this Act and
any other provision of Federal criminal law.
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