I 112th CONGRESS 1st Session H. R. 3162 IN THE HOUSE OF REPRESENTATIVES October 12, 2011 Mr. Alexander (for himself, Mr. Wittman, Mr. Harris, and Mr. Boustany) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit the Secretary of Labor from implementing certain rules relating to employment of aliens described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act, and for other purposes.

1.

Prohibition on implementing certain rule

(a)

Final rule

The Secretary of Labor shall not implement, amend, or enforce the rule entitled Wage Methodology for the Temporary Non-agricultural Employment H–2B Program (Regulatory Identification Number 1205–AB61), published on January 19, 2011 (76 Fed. Reg. 3452), initially scheduled to go into effect January 1, 2012, amended to go into effect on September 30, 2011, and amended to go into effect November 30, 2011, or any substantially similar rule. (b)

Proposed rule

The Secretary of Labor shall not finalize, implement, amend, or enforce the proposed rule entitled Temporary Non-agricultural Employment of H–2B Aliens in the United States (Regulatory Identification Number 1205–AB58), published on March 18, 2011 (76 Fed. Reg. 15130), or any substantially similar rule. (c)

Determination of prevailing wage

In determining the prevailing wage level under section 212(p) of the Immigration and Nationality Act (8 U.S.C. 1182(p)), the Secretary of Labor shall use data from the Occupational Employment Statistics program of the Bureau of Labor Statistics and shall comply with paragraph (4) of such section with respect to the number of wage levels required of a governmental survey used to make such computation.