[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1792 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1792

  To simplify the process for admitting temporary alien agricultural 
   workers under section 101(a)(15)(H)(ii)(a) of the Immigration and 
  Nationality Act, to increase access to such workers, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 2007

 Mr. Goodlatte (for himself, Mr. Bishop of Georgia, Mr. Kingston, Mrs. 
Jo Ann Davis of Virginia, and Ms. Foxx) introduced the following bill; 
 which was referred to the Committee on the Judiciary, and in addition 
   to the Committee on Agriculture, 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 simplify the process for admitting temporary alien agricultural 
   workers under section 101(a)(15)(H)(ii)(a) of the Immigration and 
  Nationality Act, to increase access to such workers, 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.

    This Act may be cited as the ``Temporary Agricultural Labor Reform 
Act of 2007''.

SEC. 2. ADMISSION OF TEMPORARY H-2A WORKERS.

    (a) Procedure for Admission.--Section 218 of the Immigration and 
Nationality Act (8 U.S.C. 1188) is amended to read as follows:

                 ``admission of temporary h-2a workers

    ``Sec. 218.  (a) Definitions.--In this section:
            ``(1) Area of employment.--The term `area of employment' 
        means the area within normal commuting distance of the worksite 
        or physical location where the work of the H-2A worker is or 
        will be performed. If such work site or location is within a 
        Metropolitan Statistical Area, any place within such area shall 
        be considered to be within the area of employment.
            ``(2) Displace.--The term `displace' means to lay off a 
        worker from a job that is essentially equivalent to the job for 
        which an H-2A worker is sought. A job shall not be considered 
        to be `essentially equivalent' to another job unless the job--
                    ``(A) involves essentially the same 
                responsibilities as such other job;
                    ``(B) was held by a United States worker with 
                substantially equivalent qualifications and experience; 
                and
                    ``(C) is located in the same area of employment as 
                the other job.
            ``(3) Eligible individual.--The term `eligible individual' 
        means an individual who is not an unauthorized alien (as 
        defined in section 274A(h)(3)) with respect to the employment 
        of the individual.
            ``(4) Employer.--The term `employer' means an employer who 
        hires workers to perform agricultural employment.
            ``(5) H-2A worker.--The term `H-2A worker' means a 
        nonimmigrant described in section 101(a)(15)(H)(ii)(a).
            ``(6) Lay off.--
                    ``(A) In general.--The term `lay off'--
                            ``(i) means to cause a worker's loss of 
                        employment, other than through a discharge for 
                        inadequate performance, violation of workplace 
                        rules, cause, voluntary departure, voluntary 
                        retirement, or the expiration of a grant or 
                        contract (other than a temporary employment 
                        contract entered into in order to evade a 
                        condition described in paragraph (3) or (7) of 
                        subsection (b); and
                            ``(ii) does not include any situation in 
                        which the worker is offered, as an alternative 
                        to such loss of employment, a similar 
                        employment opportunity with the same employer 
                        (or, in the case of a placement of a worker 
                        with another employer under subsection (h)(2), 
                        with either employer described in such 
                        subsection) at equivalent or higher 
                        compensation and benefits than the position 
                        from which the employee was discharged, 
                        regardless of whether or not the employee 
                        accepts the offer.
                    ``(B) Construction.--Nothing in this paragraph is 
                intended to limit an employee's rights under a 
                collective bargaining agreement or other employment 
                contract.
            ``(7) Prevailing wage.--The term `prevailing wage' means 
        the wage rate that includes the 51st percentile of employees 
        with similar experience and qualifications in the agricultural 
        occupation in the area of intended employment, calculated using 
        the same methodology used by the Department of Labor to 
        determine prevailing wage for the purpose of the program 
        described in section 101(a)(15)(H)(ii)(b) during 2007, and 
        expressed in terms of the prevailing method of pay for the 
        occupation in the area of intended employment.
            ``(8) United states worker.--The term `United States 
        worker' means any worker who is--
                    ``(A) a national of the United States; or
                    ``(B) a person admitted for permanent resident 
                status under section 245 of the Immigration and 
                Nationality Act (8 U.S.C. 1255).
    ``(b) Petition.--An alien may not be admitted as an H-2A worker 
unless an employer has filed with the Secretary of Homeland Security a 
petition attesting to the following:
            ``(1) Temporary work or services.--
                    ``(A) In general.--The employer is seeking to 
                employ a specific number of agricultural workers on a 
                temporary basis and will provide compensation to such 
                workers at a specified wage rate and under specified 
                conditions.
                    ``(B) Definition.--For purposes of this paragraph, 
                a worker is employed on a temporary basis if the 
                employer intends to employ the worker for no longer 
                than 10 months during any contract period.
            ``(2) Benefits, wages, and working conditions.--The 
        employer will provide, at a minimum, the benefits, wages, and 
        working conditions required by subsection (j) to all workers 
        employed in the jobs for which the H-2A worker is sought and to 
        all other temporary workers in the same occupation at the place 
        of employment.
            ``(3) Nondisplacement of united states workers.--The 
        employer did not displace and will not displace a United States 
        worker employed by the employer during the period of employment 
        of the H-2A worker and during the 30-day period immediately 
        preceding such period of employment in the occupation at the 
        place of employment for which the employer seeks approval to 
        employ H-2A workers.
            ``(4) Recruitment.--
                    ``(A) In general.--The employer--
                            ``(i) conducted adequate recruitment in the 
                        area of intended employment before filing the 
                        attestation; and
                            ``(ii) was unsuccessful in locating a 
                        qualified United States worker for the job 
                        opportunity for which the H-2A worker is 
                        sought.
                    ``(B) Other requirements.--The recruitment 
                requirement under subparagraph (A) is satisfied if the 
                employer places--
                            ``(i) a local job order with the State 
                        workforce agency serving the local area where 
                        the work will be performed, except that nothing 
                        in this clause shall require the employer to 
                        file an interstate job order under section 653 
                        of title 20, Code of Federal Regulations; and
                            ``(ii) a Sunday advertisement in a 
                        newspaper of general circulation in the area of 
                        intended employment.
                    ``(C) Advertisement requirement.--The advertisement 
                requirement under subparagraph (B)(ii) is satisfied if 
                the advertisement--
                            ``(i) names the employer;
                            ``(ii) directs applicants to contact the 
                        employer;
                            ``(iii) provides a description of the 
                        vacancy that is specific enough to apprise 
                        United States workers of the job opportunity 
                        for which certification is sought;
                            ``(iv) describes the geographic area with 
                        enough specificity to apprise applicants of any 
                        travel requirements and where applicants will 
                        likely have to reside to perform the job; and
                            ``(v) states the rate of pay, which shall 
                        not be less than the wage paid for the 
                        occupation in the area of intended employment.
                    ``(D) End of recruitment requirement.--The 
                requirement to recruit United States workers shall 
                terminate on the first day of the contract period that 
                work begins.
            ``(5) Offers to united states workers.--The employer has 
        offered or will offer the job for which the H-2A worker is 
        sought to any eligible United States worker who--
                    ``(A) applies;
                    ``(B) is qualified for the job; and
                    ``(C) will be available at the time and place of 
                need.
            ``(6) Provision of insurance.--If the job for which the H-
        2A worker is sought is not covered by State workers' 
        compensation law, the employer will 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 for comparable employment.
            ``(7) Requirements for placement of h-2a workers with other 
        employers.--A nonimmigrant who is admitted into the United 
        States as an H-2A worker may be transferred to another employer 
        that has certified to the Secretary of Homeland Security that 
        it has filed a petition under this subsection and is in 
        compliance with this section. The Secretary of Homeland 
        Security shall establish a process for the approval and 
        reissuance of visas for such transferred H-2A workers as 
        necessary.
            ``(8) Strike or lockout.--There is not a strike or lockout 
        in the course of a labor dispute which, under regulations 
        promulgated by the Secretary of Labor, precludes the hiring of 
        H-2A workers.
            ``(9) Previous violations.--The employer has not, during 
        the previous two-year period, employed H-2A workers and 
        knowingly violated a material term or condition of approval 
        with respect to the employment of domestic or nonimmigrant 
        workers, as determined by the Secretary of Labor after notice 
        and opportunity for a hearing.
    ``(c) Public Examination.--Not later than 1 working day after the 
date on which a petition under this section is filed, the employer 
shall make a copy of each such petition available for public 
examination, at the employer's principal place of business or worksite.
    ``(d) List.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        maintain a list of the petitions filed under subsection (b), 
        which shall--
                    ``(A) be sorted by employer; and
                    ``(B) include the number of H-2A workers sought, 
                the wage rate, the period of intended employment, and 
                the date of need for each alien.
            ``(2) Availability.--The Secretary of Homeland Security 
        shall, at least monthly, submit a copy of the list described in 
        paragraph (1) to the Secretary of Labor, who shall make the 
        list available for public examination.
    ``(e) Petitioning for Admission.--
            ``(1) In general.--An employer, or an association acting as 
        an agent or joint employer for its members, that seeks the 
        admission into the United States of an H-2A worker shall file 
        with the Secretary of Homeland Security a petition that 
        includes the attestations described in subsection (b).
            ``(2) Consideration of petitions.--For each petition filed 
        and considered under this subsection--
                    ``(A) the Secretary of Homeland Security may not 
                require such petition to be filed more than 28 days 
                before the first date the employer requires the labor 
                or services of the H-2A worker; and
                    ``(B) unless the Secretary of Homeland Security 
                determines that the petition is incomplete or obviously 
                inaccurate, the Secretary, not later than 7 days after 
                the date on which such petition was filed, shall either 
                approve or reject the petition.
            ``(3) Expedited adjudication.--The Secretary of Homeland 
        Security shall--
                    ``(A) establish a procedure for expedited 
                adjudication of petitions filed under this subsection; 
                and
                    ``(B) not later than 7 working days after such 
                filing, transmit, by fax, cable, or other means 
                assuring expedited delivery, a copy of notice of action 
                on the petition--
                            ``(i) in the case of approved petitions, to 
                        the petitioner, the Secretary of Labor, and to 
                        the appropriate immigration officer at the port 
                        of entry or United States consulate where the 
                        petitioner has indicated that the alien 
                        beneficiary or beneficiaries will apply for a 
                        visa or admission to the United States; and
                            ``(ii) in the case of denied petitions, to 
                        the petitioner, including reasons for the 
                        denial and instructions on how to appeal such 
                        denial.
            ``(4) Petition agreements.--By filing an H-2A petition, a 
        petitioner and each employer consents to allow access to the 
        site where the labor is being performed to the Department of 
        Labor, the Department of Homeland Security, or a State agency 
        for the purpose of investigations to determine compliance with 
        H-2A requirements.
    ``(f) Roles of Agricultural Associations.--
            ``(1) Permitting filing by agricultural associations.--A 
        petition to hire an alien as a temporary agricultural worker 
        may be filed by an association of agricultural employers which 
        use agricultural services.
            ``(2) Treatment of associations acting as employers.--If an 
        association is a joint or sole employer of temporary 
        agricultural workers, such workers may be transferred among its 
        members to perform agricultural services of a temporary nature 
        for which the petition was approved.
            ``(3) Treatment of violations.--
                    ``(A) Individual member.--If an individual member 
                of a joint employer association violates any condition 
                for approval with respect to the member's petition, the 
                Secretary of Homeland Security shall deny such petition 
                only with respect to that member of the association 
                unless the Secretary of Labor determines that the 
                association or other member participated in, had 
                knowledge of, or had reason to know of the violation.
                    ``(B) Association of agricultural employers.--
                            ``(i) Joint employer.--If an association 
                        representing agricultural employers as a joint 
                        employer violates any condition for approval 
                        with respect to the association's petition, the 
                        Secretary of Homeland Security shall deny such 
                        petition only with respect to the association 
                        and may not apply the denial to any individual 
                        member of the association, unless the Secretary 
                        of Labor determines that the member 
                        participated in, had knowledge of, or had 
                        reason to know of the violation.
                            ``(ii) Sole employer.--If an association of 
                        agricultural employers approved as a sole 
                        employer violates any condition for approval 
                        with respect to the association's petition, no 
                        individual member of such association may be 
                        the beneficiary of the services of temporary 
                        alien agricultural workers admitted under this 
                        section in the occupation in which such aliens 
                        were employed by the association which was 
                        denied approval during the period such denial 
                        is in force, unless such member employs such 
                        aliens in the occupation in question directly 
                        or through an association which is a joint 
                        employer of such workers with the member.
    ``(g) Expedited Administrative Appeals.--The Secretary of Homeland 
Security shall promulgate regulations to provide for an expedited 
procedure--
            ``(1) for the review of a denial of a petition under this 
        section by the Secretary; or
            ``(2) at the petitioner's request, for a de novo 
        administrative hearing respecting the denial.
    ``(h) Miscellaneous Provisions.--
            ``(1) Endorsement of documents.--The Secretary of Homeland 
        Security shall provide for the endorsement of entry and exit 
        documents of H-2A workers as may be necessary to carry out this 
        section and to provide notice for purposes of section 274A.
            ``(2) Preemption of state laws.--The provisions of 
        subsections (a) and (c) of section 214 and the provisions of 
        this section preempt any State or local law regulating 
        admissibility of nonimmigrant workers.
            ``(3) Fees.--
                    ``(A) In general.--The Secretary of Homeland 
                Security may require, as a condition of approving the 
                petition, the payment of a fee, in accordance with 
                subparagraph (B), to recover the reasonable cost of 
                processing petitions.
                    ``(B) Fee by type of employee.--
                            ``(i) Single employer.--An employer whose 
                        petition for temporary alien agricultural 
                        workers is approved shall, for each approved 
                        petition, pay a fee that--
                                    ``(I) subject to subclause (II), is 
                                equal to $100 plus $10 for each 
                                approved H-2A worker; and
                                    ``(II) does not exceed $1,000.
                            ``(ii) Association.--Each employer-member 
                        of a joint employer association whose petition 
                        for H-2A workers is approved shall, for each 
                        such approved petition, pay a fee that--
                                    ``(I) subject to subclause (II), is 
                                equal to $100 plus $10 for each 
                                approved H-2A worker; and
                                    ``(II) does not exceed $1,000.
                            ``(iii) Limitation on association fees.--A 
                        joint employer association under clause (ii) 
                        shall not be charged a separate fee.
                    ``(C) Method of payment.--The fees collected under 
                this paragraph shall be paid by check or money order to 
                the Department of Homeland Security. In the case of 
                employers of H-2A workers that are members of a joint 
                employer association petitioning applying on their 
                behalf, the aggregate fees for all employers of H-2A 
                workers under the petition may be paid by 1 check or 
                money order.
            ``(4) Employment verification program.--
                    ``(A) In general.--Not later than 12 months after 
                the date of enactment of this paragraph, the Secretary 
                of Homeland Security shall establish a mandatory 
                employment verification program for all employers of H-
                2A workers to verify the eligibility of all individuals 
                hired by each such employer, including those who 
                present an H-2A visa to work in the United States.
                    ``(B) Employer compliance.--Each employer of an H-
                2A worker shall comply with the requirements 
                promulgated by the Secretary of Homeland Security to 
                verify the identity and employment eligibility of all 
                individuals hired.
                    ``(C) Regulations.--In carrying out the program 
                under this paragraph, the Secretary of Homeland 
                Security shall promulgate regulations to require each 
                employer to verify the employment eligibility of each 
                employee hired through--
                            ``(i) a secure Internet site;
                            ``(ii) a machine capable of reading the H-
                        2A visa, which shall serve as the 
                        identification and employment eligibility 
                        document for each H-2A alien; or
                            ``(iii) a toll-free telephone number to 
                        check the accuracy of any social security 
                        number presented to the employer.
    ``(i) Enforcement.--
            ``(1) Investigations and audits.--The Secretary of Labor 
        shall be responsible for conducting investigations and random 
        audits of employer work sites to ensure compliance with the 
        requirements of the H-2A program and all other requirements 
        under this Act. All monetary fines levied against violating 
        employers shall be paid to the Department of Labor and used to 
        enhance the Department of Labor's investigatory and auditing 
        power.
            ``(2) Failure to meet conditions.--If the Secretary of 
        Labor finds, after notice and opportunity for a hearing, a 
        failure to meet a condition of subsection (a), or a material 
        misrepresentation of fact in a petition under subsection (a)--
                    ``(A) the Secretary of Labor--
                            ``(i) shall notify the Secretary of 
                        Homeland Security of such finding; and
                            ``(ii) may, in addition, impose such other 
                        administrative remedies (including civil money 
                        penalties in an amount not to exceed $1,000 per 
                        violation) as the Secretary of Labor determines 
                        to be appropriate; and
                    ``(B) the Secretary of Homeland Security may 
                disqualify the employer from the employment of H-2A 
                workers for a period of 1 year.
            ``(3) Penalties for willful failure.--If the Secretary of 
        Labor finds, after notice and opportunity for a hearing, a 
        willful failure to meet a material condition of subsection (a), 
        or a willful misrepresentation of a material fact in a petition 
        under subsection (a)--
                    ``(A) the Secretary of Labor--
                            ``(i) shall notify the Secretary of 
                        Homeland Security of such finding; and
                            ``(ii) may, in addition, impose such other 
                        administrative remedies (including civil money 
                        penalties in an amount not to exceed $5,000 per 
                        violation) as the Secretary of Labor determines 
                        to be appropriate;
                    ``(B) the Secretary of Homeland Security may--
                            ``(i) disqualify the employer from the 
                        employment of H-2A workers for a period of 2 
                        years;
                            ``(ii) for a second violation, the 
                        Secretary of Homeland Security may disqualify 
                        the employer from the employment of H-2A 
                        workers for a period of 5 years; and
                            ``(iii) for a third violation, the 
                        Secretary of Homeland Security may permanently 
                        disqualify the employer from the employment of 
                        H-2A workers.
            ``(4) Penalties for displacement of united states 
        workers.--If the Secretary of Labor finds, after notice and 
        opportunity for a hearing, a willful failure to meet a material 
        condition of subsection (a) or a willful misrepresentation of a 
        material fact in a petition under subsection (a), in the course 
        of which failure or misrepresentation the employer displaced a 
        United States worker employed by the employer during the period 
        of employment on the employer's petition under subsection (a) 
        or during the period of 30 days preceding such period of 
        employment--
                    ``(A) the Secretary of Labor--
                            ``(i) shall notify the Secretary of 
                        Homeland Security of such finding; and
                            ``(ii) may, in addition, impose such other 
                        administrative remedies (including civil money 
                        penalties in an amount not to exceed $15,000 
                        per violation) as the Secretary of Labor 
                        determines to be appropriate; and
                    ``(B) the Secretary of Homeland Security may--
                            ``(i) disqualify the employer from the 
                        employment of H-2A workers for a period of 5 
                        years; and
                            ``(ii) for a second violation, permanently 
                        disqualify the employer from the employment of 
                        H-2A workers.
            ``(5) Limitations on civil money penalties.--The Secretary 
        of Labor may not impose total civil money penalties with 
        respect to a petition under subsection (b) in excess of 
        $90,000.
    ``(j) Failure To Pay Wages or Required Benefits.--
            ``(1) Assessment.--If the Secretary of Labor finds, after 
        notice and opportunity for a hearing, that the employer has 
        failed to pay the wages, transportation, subsistence 
        reimbursement, or guarantee of employment attested by the 
        employer under subsection (b)(2), the Secretary of Labor shall 
        assess payment of back wages, or other required benefits, due 
        any United States worker or H-2A worker employed by the 
        employer in the specific employment in question.
            ``(2) Amount.--The back wages or other required benefits 
        described in paragraph (1)--
                    ``(A) shall be equal to the difference between the 
                amount that should have been paid and the amount that 
                was paid to such worker; and
                    ``(B) shall be distributed to the worker to whom 
                such wages are due.
    ``(k) Minimum Wages, Benefits, and Working Conditions.--
            ``(1) Preferential treatment of aliens prohibited.--
                    ``(A) In general.--Each employer seeking to hire 
                United States workers shall offer such workers not less 
                than the same benefits, wages, and working conditions 
                that the employer is offering, intends to offer, or 
                will provide to H-2A workers. No job offer may impose 
                on United States workers any restrictions or 
                obligations which will not be imposed on the employer's 
                H-2A workers.
                    ``(B) Interpretation.--Every interpretation and 
                determination made under this section or under any 
                other law, regulation, or interpretative provision 
                regarding the nature, scope, and timing of the 
                provision of these and any other benefits, wages, and 
                other terms and conditions of employment shall be made 
                so that--
                            ``(i) the services of workers to their 
                        employers and the employment opportunities 
                        afforded to workers by the employers, including 
                        those employment opportunities that require 
                        United States workers or H-2A workers to travel 
                        or relocate in order to accept or perform 
                        employment--
                                    ``(I) mutually benefit such 
                                workers, as well as their families, and 
                                employers; and
                                    ``(II) principally benefit neither 
                                employer nor employee; and
                            ``(ii) employment opportunities within the 
                        United States benefit the United States 
                        economy.
            ``(2) Required wages.--
                    ``(A) In general.--Each employer petitioning for 
                workers under subsection (b) shall pay not less than 
                the greater of--
                            ``(i) the prevailing wage to all workers in 
                        the occupation for which the employer has 
                        petitioned for workers; or
                            ``(ii) the applicable State minimum wage.
                    ``(B) Determination of wages.--An employer seeking 
                to comply with subparagraph (A) may--
                            ``(i) request and obtain a prevailing wage 
                        determination from the State employment agency; 
                        or
                            ``(ii) rely on other wage information, 
                        including a survey of the prevailing wages of 
                        workers in the occupation in the area of 
                        employment that has been conducted or funded by 
                        the employer or a group of employers, using the 
                        methodology used by the Secretary of Labor to 
                        establish Occupational Employment and Wage 
                        estimate, or another methodology approved by 
                        the Secretary of Labor for the purpose of 
                        determining H-2A wages.
                    ``(C) Compliance.--An employer shall be considered 
                to have complied with the requirement under 
                subparagraph (A) if the employer--
                            ``(i)(I) obtains a prevailing wage 
                        determination under subparagraph (C)(i); or
                            ``(II) relies on a qualifying survey of 
                        prevailing wages; and
                            ``(ii) pays such prevailing wage.
            ``(3) Reimbursement of transportation costs.--
                    ``(A) Requirement for reimbursement.--An H-2A 
                worker who completes 50 percent of the period of 
                employment of the job for which the worker was hired, 
                beginning on the first day of such employment, shall be 
                reimbursed by the employer for the cost of the worker's 
                transportation and subsistence from--
                            ``(i) the place from which the H-2A worker 
                        was approved to enter the United States to the 
                        location at which the work for the employer is 
                        performed; or
                            ``(ii) if the H-2A worker traveled from a 
                        place in the United States at which the H-2A 
                        worker was last employed, from such place of 
                        last employment to the location at which the 
                        work for the employer is performed.
                    ``(B) Timing of reimbursement.--Reimbursement to 
                the worker of expenses for the cost of the worker's 
                transportation and subsistence to the place of 
                employment under subparagraph (A) shall be considered 
                timely if such reimbursement is made not later than the 
                worker's first regular payday after a worker completes 
                50 percent of the period of employment of the job 
                opportunity as provided under this paragraph.
                    ``(C) Additional reimbursement.--A worker who 
                completes the period of employment for the job 
                opportunity involved shall be reimbursed by the 
                employer for the cost of the worker's transportation 
                and subsistence from the work site to the place where 
                the worker was approved to enter the United States to 
                work for the employer. If the worker has contracted 
                with a subsequent employer, the previous and subsequent 
                employer shall share the cost of the worker's 
                transportation and subsistence from work site to work 
                site.
                    ``(D) Limitation.--
                            ``(i) Amount of reimbursement.--The amount 
                        of reimbursement provided to a worker or alien 
                        under this paragraph shall be equal to the 
                        lesser of--
                                    ``(I) the actual cost to the worker 
                                or alien of the transportation and 
                                subsistence involved; or
                                    ``(II) the most economical and 
                                reasonable common carrier 
                                transportation charges and subsistence 
                                costs for the distance involved.
                            ``(ii) Distance traveled.--No reimbursement 
                        under subparagraph (A) or (B) shall be required 
                        if the distance traveled is 100 miles or less.
                    ``(E) Reimbursement for laid off workers.--If the 
                worker is laid off or employment is terminated for 
                contract impossibility (as described in paragraph 
                (5)(D)) before the anticipated ending date of 
                employment, the employer shall provide--
                            ``(i) the transportation and subsistence 
                        required under subparagraph (C); and
                            ``(ii) notwithstanding whether the worker 
                        has completed 50 percent of the period of 
                        employment, the transportation reimbursement 
                        required under subparagraph (A).
                    ``(F) Construction.--Nothing in this paragraph 
                shall be construed to require an employer to reimburse 
                visa, passport, consular, or international 
                bordercrossing fees or any other fees associated with 
                the H-2A worker's lawful admission into the United 
                States to perform employment that may be incurred by 
                the worker.
            ``(4) Employment guarantee.--
                    ``(A) In general.--
                            ``(i) Requirement.--Each employer 
                        petitioning for workers under subsection (b) 
                        shall guarantee to offer the worker employment 
                        for the hourly equivalent of not less than 75 
                        percent of the work hours during the total 
                        anticipated period of employment, beginning 
                        with the first work day after the arrival of 
                        the worker at the place of employment and 
                        ending on the expiration date specified in the 
                        job offer.
                            ``(ii) Failure to meet guarantee.--If the 
                        employer affords the United States worker or 
                        the H-2A worker less employment than that 
                        required under this subparagraph, the employer 
                        shall pay such worker the amount which the 
                        worker would have earned if the worker had 
                        worked for the guaranteed number of hours.
                            ``(iii) Period of employment.--For purposes 
                        of this subparagraph, the term ``period of 
                        employment'' means the total number of 
                        anticipated work hours and workdays described 
                        in the job offer and shall exclude the worker's 
                        Sabbath and Federal holidays.
                    ``(B) Calculation of hours.--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) Limitation.--If the worker voluntarily 
                abandons employment before the end of the contract 
                period, or is terminated for cause, the worker is not 
                entitled to the 75 percent guarantee described in 
                subparagraph (A).
                    ``(D) Termination of employment.--
                            ``(i) In general.--If, before the 
                        expiration of the period of employment 
                        specified in the job offer, the services of the 
                        worker are no longer required due to any form 
                        of natural disaster, including flood, 
                        hurricane, freeze, earthquake, fire, drought, 
                        plant or animal disease, pest infestation, 
                        regulatory action, or any other reason beyond 
                        the control of the employer before the 
                        employment guarantee in subparagraph (A) is 
                        fulfilled, the employer may terminate the 
                        worker's employment.
                            ``(ii) Requirements.--If a worker's 
                        employment is terminated under clause (i), the 
                        employer shall--
                                    ``(I) fulfill the employment 
                                guarantee in subparagraph (A) for the 
                                work days that have elapsed during the 
                                period beginning on the first work day 
                                after the arrival of the worker and 
                                ending on the date on which such 
                                employment is terminated; and
                                    ``(II) make efforts to transfer the 
                                United States worker to other 
                                comparable employment acceptable to the 
                                worker.
    ``(l) Expedited Adjudication by the Secretary.--The Secretary of 
Homeland Security--
            ``(1) shall establish a procedure for expedited 
        adjudication of petitions filed under subsection (e); and
            ``(2) not later than 7 working days after such filing 
        shall, by fax, cable, or other means assuring expedited 
        delivery transmit a copy of notice of action on the petition--
                    ``(A) to the petitioner; and
                    ``(B) in the case of approved petitions, to the 
                appropriate immigration officer at the port of entry or 
                United States consulate (as the case may be) where the 
                petitioner has indicated that the alien beneficiary (or 
                beneficiaries) will apply for a visa or admission to 
                the United States.
    ``(m) Disqualification.--
            ``(1) In general.--Subject to paragraph (2), an alien shall 
        be considered inadmissible to the United States and ineligible 
        for nonimmigrant status under section 101(a)(15)(H)(ii)(a) if 
        the alien has, at any time during the past 5 years, violated a 
        term or condition of admission into the United States as a 
        nonimmigrant, including overstaying the period of authorized 
        admission.
            ``(2) Waivers.--
                    ``(A) In general.--An alien seeking admission under 
                section 101(a)(15)(H)(ii)(a) while outside of the 
                United States shall not be deemed inadmissible under 
                such section by reason of--
                            ``(i) paragraph (1);
                            ``(ii) section 212(a)(6)(C), if such alien 
                        has previously falsely represented himself or 
                        herself to be a citizen of the United States 
                        for the purpose of agricultural employment; or
                            ``(iii) section 212(a)(9)(B), unless such 
                        alien was deported from the United States;
                if the violation occurred on or before the date of the 
                enactment of this Act.
                    ``(B) Effective period of waiver.--If an alien is 
                admitted to the United States as a result of a waiver 
                under subparagraph (A), such waiver shall remain in 
                effect unless the alien subsequently violates--
                            ``(i) a material provision of this section; 
                        or
                            ``(ii) a term or condition of admission 
                        into the United States as a nonimmigrant.
    ``(n) Period of Admission.--
            ``(1) In general.--An H-2A worker shall be admitted for a 
        period of employment, not to exceed 10 months, that includes--
                    ``(A) a period of not more than 7 days prior to the 
                beginning of the period of employment for the purpose 
                of travel to the work site; and
                    ``(B) a period of not more than 14 days following 
                the period of employment for the purpose of departure 
                or extension based on a subsequent offer of employment.
            ``(2) Employment limitation.--An alien may not be employed 
        during the 14-day period described in paragraph (1)(B) except 
        in the employment for which the alien was previously 
        authorized.
            ``(3) Construction.--Nothing in this subsection shall limit 
        the authority of the Secretary of Homeland Security to extend 
        the stay of an alien under any other provision of this Act.
    ``(o) Abandonment of Employment.--
            ``(1) In general.--An alien admitted or provided status 
        under section 101(a)(15)(H)(ii)(a) who abandons the employment 
        which was the basis for such admission or status--
                    ``(A) shall have failed to maintain nonimmigrant 
                status as an H-2A worker; and
                    ``(B) shall depart the United States or be subject 
                to removal under section 237(a)(1)(C)(i).
            ``(2) Report by employer.--Not later than 24 hours after 
        the abandonment of employment by an H-2A worker, the employer 
        or association acting as an agent for the employer, shall 
        notify the Secretary of Homeland Security of such abandonment.
            ``(3) Removal.--The Secretary of Homeland Security shall 
        promptly remove from the United States any H-2A worker who 
        violates any term or condition of the worker's nonimmigrant 
        status.
            ``(4) Voluntary termination.--Notwithstanding paragraph 
        (1), an alien may voluntarily terminate the alien's employment 
        if the alien promptly departs the United States upon 
        termination of such employment.
    ``(p) Replacement of Alien.--
            ``(1) In general.--Upon notification under subsection 
        (p)(2)--
                    ``(A) the Secretary of State shall promptly issue a 
                visa to, and the Secretary of Homeland Security shall 
                admit into the United States, an eligible alien 
                designated by the employer to replace an H-2A worker 
                who abandons or prematurely terminates employment; and
                    ``(B) the Secretary of Homeland Security shall 
                admit such alien into the United States.
            ``(2) Construction.--Nothing in this subsection shall limit 
        any preference for which United States workers are eligible 
        under this Act.
    ``(q) Identification Document.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        provide each authorized H-2A worker with a single machine-
        readable, tamper-resistant, and counterfeit-resistant document 
        that--
                    ``(A) authorizes the alien's entry into the United 
                States;
                    ``(B) serves, for the appropriate period, as an 
                employment eligibility document; and
                    ``(C) verifies the identity of the alien.
            ``(2) Form.--
                    ``(A) The document shall be--
                            ``(i) in a form that is resistant to 
                        counterfeiting and to tampering; and
                            ``(ii) compatible with--
                                    ``(I) other databases of the 
                                Secretary of Homeland Security for the 
                                purpose of excluding an alien from 
                                benefits for which an alien is not 
                                eligible and determining whether the 
                                alien is unlawfully present in the 
                                United States; and
                                    ``(II) law enforcement databases 
                                for the purpose of determining if an 
                                alien has been convicted of criminal 
                                offenses.
                    ``(B) As soon as practicable, the document shall 
                include a biometric identifier. The determination of a 
                biometric identifier to be used for such purposes shall 
                take into account factors such as efficiency, accuracy, 
                the technology available, economic considerations, and 
                storage requirements.
    ``(r) Extension of Stay of H-2A Workers in the United States.--
            ``(1) Extension of stay.--If an employer seeks approval to 
        employ an H-2A worker who is lawfully present in the United 
        States, the petition filed by the employer or an association 
        pursuant to subsection (p) shall request an extension of the 
        alien's stay and, if applicable, a change in the alien's 
        employment.
            ``(2) Limitation on filing petition for extension of 
        stay.--A petition may not be filed for an extension of an 
        alien's stay for a period of more than 10 months.
            ``(3) Work authorization upon filing petition for extension 
        of stay.--
                    ``(A) In general.--An alien who is lawfully present 
                in the United States on the date of the filing of a 
                petition to extend the stay of the alien may commence 
                or continue the employment described in a petition 
                under paragraph (1). The employer shall provide a copy 
                of the employer's petition for extension of stay to the 
                alien. The alien shall keep the petition with the 
                alien's identification and employment eligibility 
                document, as evidence that the petition has been filed 
                and that the alien is authorized to work in the United 
                States.
                    ``(B) Employment eligibility document.--Upon 
                approval of a petition for an extension of stay or 
                change in the alien's authorized employment, the 
                Secretary of Homeland Security shall provide a new or 
                updated employment eligibility document to the alien 
                indicating the new validity date, after which the alien 
                is not required to retain a copy of the petition.
                    ``(C) File defined.--In this paragraph, the term 
                `file' means sending the petition by certified mail via 
                the United States Postal Service, return receipt 
                requested, or delivering by guaranteed commercial 
                delivery which will provide the employer with a 
                documented acknowledgment of the date of receipt of the 
                petition for an extension of stay.
            ``(4) Limitation on an individual's stay in status.--
                    ``(A) Maximum period.--The maximum continuous 
                period of authorized status as an H-2A worker 
                (including any extensions) is 20 months.
                    ``(B) Requirement to remains outside the united 
                states.--
                            ``(i) In general.--Subject to clause (ii), 
                        in the case of an alien outside the United 
                        States whose period of authorized status as an 
                        H-2A worker (including any extensions) has 
                        expired, the alien may not again apply for 
                        admission to the United Stats as an H-2A worker 
                        unless the alien has remained outside the 
                        United States for a continuous period equal to 
                        at least \1/5\ the duration of the alien's 
                        previous period of authorized status as an H-2A 
                        worker (including any extensions).
                            ``(ii) Exception.--Clause (i) shall not 
                        apply in the case of an alien if the alien's 
                        period of authorized status as an H-2A worker 
                        (including any extensions) was for a period of 
                        not more than 10 months and such alien has been 
                        outside the United States for at least 2 months 
                        during the 12 months preceding the date the 
                        alien again is applying for admission to the 
                        United States as an H-2A worker.
    ``(s) Special Rule for Aliens Employed as Sheepherders, 
Goatherders, or Dairy Workers.--Notwithstanding any other provision of 
this section, an alien admitted under section 101(a)(15)(H)(ii)(a) for 
employment as a sheepherder, goatherder, or dairy worker--
            ``(1) may be admitted for a period of 12 months; and
            ``(2) shall not be subject to the requirements of 
        subsection (r)(4)(B).''.
    (b) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
promulgate regulations, in accordance with the notice and comment 
provisions of section 553 of title 5, United States Code, to provide 
for the uniform procedures for the issuance of visas to nonimmigrants 
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)) by visa-issuing United 
States consulates and consular officers.
    (c) Conforming Amendment.--Section 101(a)(15)(H)(ii)(a) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is 
amended by striking ``of a temporary or seasonal nature'' and inserting 
``and with respect to whom the intending employer has filed with the 
Secretary a petition under section 218(a)''.

SEC. 3. EMERGENCY GRANTS TO ASSIST EMPLOYERS WITH H-2A TRANSPORTATION 
              COSTS.

    Subtitle D of the Consolidated Farm and Rural Development Act (7 
U.S.C. 1981 et seq.) is amended by adding at the end the following:

``SEC. 379E. EMERGENCY GRANTS TO ASSIST EMPLOYERS WITH H-2A 
              TRANSPORTATION COSTS.

    ``(a) In General.--The Secretary of Agriculture may make grants, 
not to exceed $1,000,000 annually, to employers of H-2A workers for the 
purpose of reimbursing the employers for the amounts paid to H-2A 
workers under section 218(m)(4)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1188) (as amended by the `Temporary Agricultural Labor 
Reform Act of 2005') 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, including but not limited to a flood, 
hurricane, freeze, earthquake, fire, drought, plant or animal disease 
or pest infestation, or regulatory drought.
    ``(b) Funding.--The grants described in subsection (a) shall be 
made out of the funds, facilities and authorities of the Commodity 
Credit Corporation to the extent that such funds are provided in 
advance through an appropriations act.''.

SEC. 4. ESTABLISHMENT OF H-2A OMBUDSMAN.

    Subtitle D of the Consolidated Farm and Rural Development Act (7 
U.S.C. 1981 et seq.), as amended by section 3 of this Act, is amended 
by adding at the end the following:

``SEC. 379F. ESTABLISHMENT OF H-2A OMBUDSMAN.

    ``The Secretary shall establish an H-2A Worker Program Ombudsman 
within the Office of Agriculture Labor Affairs, Office of the Chief 
Economist, U.S. Department of Agriculture. The H-2A Ombudsman shall 
help resolve disputes and other conflicts between contracted H-2A 
workers and their employers, other than alleged violations of 
conditions required under section 218(a) of the Immigration and 
Nationality Act (8 U.S.C. 1188(a)).''.

SEC. 5. LEGAL ASSISTANCE PROVIDED BY THE LEGAL SERVICES CORPORATION.

    (a) In General.--Section 305 of the Immigrant Reform and Control 
Act of 1986 (8 U.S.C. 1101 note) is amended--
            (1) by striking ``A nonimmigrant'' and inserting ``(a) In 
        General.--A nonimmigrant''; and
            (2) by adding at the end the following:
    ``(b) Legal Assistance.--The Legal Services Corporation may not 
provide legal assistance for or on behalf of any alien, and may not 
provide financial assistance to any person or entity that provides 
legal assistance for or on behalf of any alien, unless the alien--
            ``(1) is present in the United States at the time the legal 
        assistance is provided; and
            ``(2) is an alien to whom subsection (a) applies.''.
    (b) Mediation.--Section 305 of the Immigrant Reform and Control Act 
of 1986 (8 U.S.C. 1101 note), as amended by subsection (a), is further 
amended by adding at the end the following:
    ``(c) Required Mediation.--The Legal Services Corporation may not 
bring a civil action for damages on behalf of 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)), unless at least 90 days prior to 
bringing the action a request has been made to the Federal Mediation 
and Conciliation Service to assist the parties in reaching a 
satisfactory resolution of all issues involving all parties to the 
dispute and mediation has been attempted.''.
    (c) Condition for Entry Onto Property for Legal Services 
Corporation Representation.--Section 305 of the Immigrant Reform and 
Control Act of 1986 (8 U.S.C. 1101 note), as amended by subsection (b), 
is further amended by adding at the end the following:
    ``(d) Condition for Entry Onto Employer's Property for Legal 
Services Corporation Representation.--No employer of a nonimmigrant 
having status under section 101(a)(15)(H)(ii)(a) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) shall be required to 
permit any recipient of a grant or contract under section 1007 of the 
Legal Services Corporation Act (42 U.S.C. 2996f), or any employee of 
such a recipient, to enter upon the employer's property, unless such 
recipient or employee has a pre-arranged appointment with a specific 
nonimmigrant having such status.''.

SEC. 6. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on the date that 
is 180 days after the date of the enactment of this Act.
                                 <all>