[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4092 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 4092

   To create a nonimmigrant H-2C work visa program for agricultural 
                    workers, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 23, 2017

 Mr. Goodlatte (for himself, Mr. Marshall, Mr. Arrington, Mr. Cramer, 
  Mr. Thompson of Pennsylvania, Mr. Duffy, Mr. Rouzer, Mr. Bishop of 
Utah, Mr. Gibbs, Mr. Gallagher, and Mr. Barr) introduced the following 
  bill; which was referred to the Committee on the Judiciary, and in 
addition to the Committees on Education and the Workforce, and Ways and 
 Means, 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 create a nonimmigrant H-2C work visa program for agricultural 
                    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--
            (1) the ``Agricultural Guestworker Act''; or
            (2) the ``AG Act''.

SEC. 2. H-2C TEMPORARY AGRICULTURAL WORK VISA PROGRAM.

    (a) In General.--Section 101(a)(15)(H) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(H)) is amended by striking ``; or 
(iii)'' and inserting ``, or (c) having a residence in a foreign 
country which he has no intention of abandoning who is coming 
temporarily to the United States to perform agricultural labor or 
services; or (iii)''.
    (b) Definition.--Section 101(a) of such Act (8 U.S.C. 1101(a)) is 
amended by adding at the end the following:
    ``(53) The term `agricultural labor or services' has the meaning 
given such term by the Secretary of Agriculture in regulations and 
includes--
            ``(A) agricultural labor as defined in section 3121(g) of 
        the Internal Revenue Code of 1986;
            ``(B) agriculture as defined in section 3(f) of the Fair 
        Labor Standards Act of 1938 (29 U.S.C. 203(f));
            ``(C) the handling, planting, drying, packing, packaging, 
        processing, freezing, or grading prior to delivery for storage 
        of any agricultural or horticultural commodity in its 
        unmanufactured state;
            ``(D) all activities required for the preparation, 
        processing or manufacturing of a product of agriculture (as 
        such term is defined in such section 3(f)) for further 
        distribution;
            ``(E) forestry-related activities;
            ``(F) aquaculture activities; and
            ``(G) the primary processing of fish or shellfish.''.

SEC. 3. ADMISSION OF TEMPORARY H-2C WORKERS.

    (a) Procedure for Admission.--Chapter 2 of title II of the 
Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
inserting after section 218 the following:

``SEC. 218A. ADMISSION OF TEMPORARY H-2C WORKERS.

    ``(a) Definitions.--In this section and section 218B:
            ``(1) Displace.--The term `displace' means to lay off a 
        United States worker from the job for which H-2C workers are 
        sought.
            ``(2) Job.--The term `job' refers to all positions with an 
        employer that--
                    ``(A) involve essentially the same 
                responsibilities;
                    ``(B) are held by workers with substantially 
                equivalent qualifications and experience; and
                    ``(C) are located in the same place or places of 
                employment.
            ``(3) Employer.--The term `employer' includes a single or 
        joint employer, including an association acting as a joint 
        employer with its members, who hires workers to perform 
        agricultural labor or services.
            ``(4) Forestry-related activities.--The term `forestry-
        related activities' includes tree planting, timber harvesting, 
        logging operations, brush clearing, vegetation management, 
        herbicide application, the maintenance of rights-of-way 
        (including for roads, trails, and utilities), regardless of 
        whether such right-of-way is on forest land, and the harvesting 
        of pine straw.
            ``(5) H-2C worker.--The term `H-2C worker' means a 
        nonimmigrant described in section 101(a)(15)(H)(ii)(c).
            ``(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 (4) 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 position 
                        with the same employer at equivalent or higher 
                        wages 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) United states worker.--The term `United States 
        worker' means any worker who is--
                    ``(A) a citizen or national of the United States; 
                or
                    ``(B) an alien who is lawfully admitted for 
                permanent residence, is admitted as a refugee under 
                section 207, or is granted asylum under section 208.
            ``(8) Special procedures industry.--The term `special 
        procedures industry' includes sheepherding, goat herding, and 
        the range production of livestock, itinerant commercial 
        beekeeping and pollination, itinerant animal shearing, and 
        custom combining and harvesting.
    ``(b) Petition.--An employer that seeks to employ aliens as H-2C 
workers under this section shall file with the Secretary of Homeland 
Security a petition attesting to the following:
            ``(1) Offer of employment.--The employer will offer 
        employment to the aliens on a contractual basis as H-2C workers 
        under this section for a specific period of time during which 
        the aliens may not work on an at-will basis (as provided for in 
        section 218B), and such contract shall only be required to 
        include a description of each place of employment, period of 
        employment, wages and other benefits to be provided, and the 
        duties of the positions.
            ``(2) Temporary labor or services.--
                    ``(A) In general.--The employer is seeking to 
                employ a specific number of H-2C workers on a temporary 
                basis and will provide compensation to such workers at 
                a wage rate no less than that set forth in subsection 
                (k)(2).
                    ``(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 the time period set forth in subsection (n)(1) 
                (subject to the exceptions in subsection (n)(3)).
            ``(3) Benefits, wages, and working conditions.--The 
        employer will provide, at a minimum, the benefits, wages, and 
        working conditions required by subsection (k) to all workers 
        employed in the job for which the H-2C workers are sought.
            ``(4) Nondisplacement of united states workers.--The 
        employer did not displace and will not displace United States 
        workers employed by the employer during the period of 
        employment of the H-2C workers and during the 30-day period 
        immediately preceding such period of employment in the job for 
        which the employer seeks approval to employ H-2C workers.
            ``(5) Recruitment.--
                    ``(A) In general.--The employer--
                            ``(i) conducted adequate recruitment before 
                        filing the petition; and
                            ``(ii) was unsuccessful in locating 
                        sufficient numbers of willing and qualified 
                        United States workers for the job for which the 
                        H-2C workers are sought.
                    ``(B) Other requirements.--The recruitment 
                requirement under subparagraph (A) is satisfied if the 
                employer places a local job order with the State 
                workforce agency serving each place of employment, 
                except that nothing in this subparagraph shall require 
                the employer to file an interstate job order under 
                section 653 of title 20, Code of Federal Regulations. 
                The State workforce agency shall post the job order on 
                its official agency website for a minimum of 30 days 
                and not later than 3 days after receipt using the 
                employment statistics system authorized under section 
                15 of the Wagner-Peyser Act (29 U.S.C. 49l-2). The 
                Secretary of Labor shall include links to the official 
                Web sites of all State workforce agencies on a single 
                webpage of the official Web site of the Department of 
                Labor.
                    ``(C) End of recruitment requirement.--The 
                requirement to recruit United States workers for a job 
                shall terminate on the first day that work begins for 
                the H-2C workers.
            ``(6) Offers to united states workers.--The employer has 
        offered or will offer the job for which the H-2C workers are 
        sought to any eligible United States workers who--
                    ``(A) apply;
                    ``(B) are qualified for the job; and
                    ``(C) will be available at the time, at each place, 
                and for the duration, of need.
        This requirement shall not apply to United States workers who 
        apply for the job on or after the first day that work begins 
        for the H-2C workers.
            ``(7) Provision of insurance.--If the job for which the H-
        2C workers are sought is not covered by State workers' 
        compensation law, the employer will provide, at no cost to the 
        workers unless State law provides otherwise, insurance covering 
        injury and disease arising out of, and in the course of, the 
        workers' employment, which will provide benefits at least equal 
        to those provided under the State workers compensation law for 
        comparable employment.
            ``(8) Strike or lockout.--The job that is the subject of 
        the petition is not vacant because the former workers in that 
        job are on strike or locked out in the course of a labor 
        dispute.
    ``(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 the petition available for public examination, at the 
employer's principal place of employment.
    ``(d) List.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        maintain a list of the petitions filed under this subsection, 
        which shall--
                    ``(A) be sorted by employer; and
                    ``(B) include the number of H-2C workers sought, 
                the wage rate, the period of employment, each place of 
                employment, and the date of need for each alien.
            ``(2) Availability.--The Secretary of Homeland Security 
        shall make the list available for public examination.
    ``(e) Petitioning for Admission.--
            ``(1) Consideration of petitions.--For petitions 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 H-2C workers;
                    ``(B) unless the Secretary of Homeland Security 
                determines that the petition is incomplete or obviously 
                inaccurate, the Secretary, not later than 10 business 
                days after the date on which such petition was filed, 
                shall either approve or reject the petition and provide 
                the petitioner with notice of such action by means 
                ensuring same or next day delivery; and
                    ``(C) if the Secretary determines that the petition 
                is incomplete or obviously inaccurate, the Secretary 
                shall--
                            ``(i) within 5 business days of receipt of 
                        the petition, notify the petitioner of the 
                        deficiencies to be corrected by means ensuring 
                        same or next day delivery; and
                            ``(ii) within 5 business days of receipt of 
                        the corrected petition, approve or deny the 
                        petition and provide the petitioner with notice 
                        of such action by means ensuring same or next 
                        day delivery.
            ``(2) Access.--By filing an H-2C petition, the petitioner 
        and each employer (if the petitioner is an association that is 
        a joint employer of workers who perform agricultural labor or 
        services) consent to allow access to each place of employment 
        to the Department of Agriculture and the Department of Homeland 
        Security for the purpose of investigations and audits to 
        determine compliance with the immigration laws (as defined in 
        section 101(a)(17)).
    ``(f) Roles of Agricultural Associations.--
            ``(1) Treatment of associations acting as employers.--If an 
        association is a joint employer of workers who perform 
        agricultural labor or services, H-2C workers may be transferred 
        among its members to perform the agricultural labor or services 
        on a temporary basis for which the petition was approved.
            ``(2) Treatment of violations.--
                    ``(A) Individual member.--If an individual member 
                of an association that is a joint employer commits a 
                violation described in paragraph (2) or (3) of 
                subsection (i) or subsection (j)(1), the Secretary of 
                Agriculture shall invoke penalties pursuant to 
                subsections (i) and (j) against only that member of the 
                association unless the Secretary of Agriculture 
                determines that the association participated in, had 
                knowledge of, or had reason to know of the violation.
                    ``(B) Association of agricultural employers.--If an 
                association that is a joint employer commits a 
                violation described in subsections (i)(2) and (3) or 
                (j)(1), the Secretary of Agriculture shall invoke 
                penalties pursuant to subsections (i) and (j) against 
                only the association and not any individual members of 
                the association, unless the Secretary determines that 
                the member participated in the violation.
    ``(g) Expedited Administrative Appeals.--The Secretary of Homeland 
Security shall promulgate regulations to provide for an expedited 
procedure for the review of a denial of a petition under this section 
by the Secretary. At the petitioner's request, the review shall include 
a de novo administrative hearing at which new evidence may be 
introduced.
    ``(h) Fees.--The Secretary of Homeland Security shall require, as a 
condition of approving the petition, the payment of a fee to recover 
the reasonable cost of processing the petition.
    ``(i) Enforcement.--
            ``(1) Investigations and audits.--The Secretary of 
        Agriculture shall be responsible for conducting investigations 
        and audits, including random audits, of employers to ensure 
        compliance with the requirements of the H-2C program. All 
        monetary fines levied against employers shall be paid to the 
        Department of Agriculture and used to enhance the Department of 
        Agriculture's investigative and auditing abilities to ensure 
        compliance by employers with their obligations under this 
        section.
            ``(2) Violations.--If the Secretary of Agriculture finds, 
        after notice and opportunity for a hearing, a failure to 
        fulfill an attestation required by this subsection, or a 
        material misrepresentation of a material fact in a petition 
        under this subsection, the Secretary--
                    ``(A) may impose such administrative remedies 
                (including civil money penalties in an amount not to 
                exceed $1,000 per violation) as the Secretary 
                determines to be appropriate; and
                    ``(B) may disqualify the employer from the 
                employment of H-2C workers for a period of 1 year.
            ``(3) Willful violations.--If the Secretary of Agriculture 
        finds, after notice and opportunity for a hearing, a willful 
        failure to fulfill an attestation required by this subsection, 
        or a willful misrepresentation of a material fact in a petition 
        under this subsection, the Secretary--
                    ``(A) may impose such administrative remedies 
                (including civil money penalties in an amount not to 
                exceed $5,000 per violation, or not to exceed $15,000 
                per violation if in the course of such failure or 
                misrepresentation the employer displaced one or more 
                United States workers employed by the employer during 
                the period of employment of H-2C workers or during the 
                30-day period immediately preceding such period of 
                employment) in the job the H-2C workers are performing 
                as the Secretary determines to be appropriate;
                    ``(B) may disqualify the employer from the 
                employment of H-2C workers for a period of 2 years;
                    ``(C) may, for a subsequent failure to fulfill an 
                attestation required by this subsection, or a 
                misrepresentation of a material fact in a petition 
                under this subsection, disqualify the employer from the 
                employment of H-2C workers for a period of 5 years; and
                    ``(D) may, for a subsequent willful failure to 
                fulfill an attestation required by this subsection, or 
                a willful misrepresentation of a material fact in a 
                petition under this subsection, permanently disqualify 
                the employer from the employment of H-2C workers.
    ``(j) Failure To Pay Wages or Required Benefits.--
            ``(1) In general.--If the Secretary of Agriculture finds, 
        after notice and opportunity for a hearing, that the employer 
        has failed to provide the benefits, wages, and working 
        conditions that the employer has attested that it would provide 
        under this subsection, the Secretary shall require payment of 
        back wages, or such other required benefits, due any United 
        States workers or H-2C workers employed by the employer.
            ``(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 workers; and
                    ``(B) shall be distributed to the workers to whom 
                such wages or benefits are due.
    ``(k) Minimum Wages, Benefits, and Working Conditions.--
            ``(1) Preferential treatment of h-2c workers prohibited.--
                    ``(A) In general.--Each employer seeking to hire 
                United States workers for the job the H-2C workers will 
                perform shall offer such United States workers not less 
                than the same benefits, wages, and working conditions 
                that the employer will provide to the H-2C workers. No 
                job offer may impose on United States workers any 
                restrictions or obligations which will not be imposed 
                on H-2C 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-2C 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 H-
                2C workers under this subsection will offer the H-2C 
                workers, during the period of authorized employment as 
                H-2C workers, wages that are at least the greatest of--
                            ``(i) the applicable State or local minimum 
                        wage;
                            ``(ii) 115 percent of the Federal minimum 
                        wage, or 150 percent of the Federal minimum 
                        wage in the case of H-2C workers who perform 
                        agricultural labor or services consisting of 
                        meat or poultry processing; or
                            ``(iii) the actual wage level paid by the 
                        employer to all other individuals in the job.
                    ``(B) Special rule.--An employer can utilize a 
                piece rate or other alternative wage payment system so 
                long as the employer guarantees each worker a wage rate 
                that equals or exceeds the amount required under 
                subparagraph (A) for the total hours worked in each pay 
                period. Compensation from a piece rate or other 
                alternative wage payment system shall include time 
                spent during rest breaks, moving from job to job, clean 
                up, or any other nonproductive time, provided that such 
                time does not exceed 20 percent of the total hours in 
                the work day.
            ``(3) Employment guarantee.--
                    ``(A) In general.--
                            ``(i) Requirement.--Each employer 
                        petitioning for workers under this subsection 
                        shall guarantee to offer the H-2C workers and 
                        United States workers performing the same job 
                        employment for the hourly equivalent of not 
                        less than 50 percent of the work hours set 
                        forth in the work contract.
                            ``(ii) Failure to meet guarantee.--If an 
                        employer affords the United States workers or 
                        the H-2C workers less employment than that 
                        required under this subparagraph, the employer 
                        shall pay such workers the amount which the 
                        workers would have earned if the workers had 
                        worked for the guaranteed number of hours.
                    ``(B) Calculation of hours.--Any hours which 
                workers fail to work, up to a maximum of the number of 
                hours specified in the work contract for a work day, 
                when the workers have 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 work contract in a work day) may be 
                counted by the employer in calculating whether the 
                period of guaranteed employment has been met.
                    ``(C) Limitation.--If the workers abandon 
                employment before the end of the work contract period, 
                or are terminated for cause, the workers are not 
                entitled to the 50 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 work contract, the services of 
                        the workers 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 
                        workers' 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 
                                and ending on the date on which such 
                                employment is terminated;
                                    ``(II) make efforts to transfer the 
                                worker to other comparable employment 
                                acceptable to the worker; and
                                    ``(III) not later than 72 hours 
                                after termination, notify the Secretary 
                                of Agriculture of such termination and 
                                stating the nature of the contract 
                                impossibility.
    ``(l) Nondelegation.--The Department of Agriculture and the 
Department of Homeland Security shall not delegate their investigatory, 
enforcement, or administrative functions relating to this section or 
section 218B to other agencies or departments of the Federal 
Government.
    ``(m) Compliance With Bio-Security Protocols.--Except in the case 
of an imminent threat to health or safety, any personnel from a Federal 
agency or Federal grantee seeking to determine the compliance of an 
employer with the requirements of this section or section 218B shall, 
when visiting such employer's place of employment, make their presence 
known to the employer and sign-in in accordance with reasonable bio-
security protocols before proceeding to any other area of the place of 
employment.
    ``(n) Limitation on H-2C Workers' Stay in Status.--
            ``(1) Maximum period.--The maximum continuous period of 
        authorized status as an H-2C worker (including any extensions) 
        is 18 months for workers employed in a job that is of a 
        temporary or seasonal nature. For H-2C workers employed in a 
        job that is not of a temporary or seasonal nature, the initial 
        maximum continuous period of authorized status is 36 months and 
        subsequent maximum continuous periods of authorized status are 
        18 months.
            ``(2) Requirement to remain outside the united states.--In 
        the case of H-2C workers who were employed in a job of a 
        temporary or seasonal nature whose maximum continuous period of 
        authorized status as H-2C workers (including any extensions) 
        have expired, the aliens may not again be eligible to be H-2C 
        workers until they remain outside the United States for a 
        continuous period equal to at least \1/12\ of the duration of 
        their previous period of authorized status an H-2C workers. For 
        H-2C workers who were employed in a job not of a temporary or 
        seasonal nature whose maximum continuous period of authorized 
        status as H-2C workers (including any extensions) have expired, 
        the aliens may not again be eligible to be H-2C workers until 
        they remain outside the United States for a continuous period 
        equal to at least the lesser of \1/12\ of the duration of their 
        previous period of authorized status as H-2C workers or 45 
        days.
            ``(3) Exceptions.--
                    ``(A) The Secretary of Homeland Security shall 
                deduct absences from the United States that take place 
                during an H-2C worker's period of authorized status 
                from the period that the alien is required to remain 
                outside the United States under paragraph (2), 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 such as arrival and departure 
                records, copies of tax returns, and records of 
                employment abroad.
                    ``(B) There is no maximum continuous period of 
                authorized status as set forth in paragraph (1) or a 
                requirement to remain outside the United States as set 
                forth in paragraph (2) for H-2C workers employed as a 
                sheepherder, goatherder, in the range production of 
                livestock, or who return to the workers' permanent 
                residence outside the United States each day.
    ``(o) Period of Admission.--
            ``(1) In general.--In addition to the maximum continuous 
        period of authorized status, workers' authorized period of 
        admission shall include--
                    ``(A) a period of not more than 7 days prior to the 
                beginning of authorized employment as H-2C workers for 
                the purpose of travel to the place of employment; and
                    ``(B) a period of not more than 14 days after the 
                conclusion of their authorized employment for the 
                purpose of departure from the United States or a period 
                of not more than 30 days following the employment for 
                the purpose of seeking a subsequent offer of employment 
                by an employer pursuant to a petition under this 
                section (or pursuant to at-will employment under 
                section 218B during such times as that section is in 
                effect) if they have not reached their maximum 
                continuous period of authorized employment under 
                subsection (n) (subject to the exceptions in subsection 
                (n)(3)) unless they accept subsequent offers of 
                employment as H-2C workers or are otherwise lawfully 
                present.
            ``(2) Failure to depart.--H-2C workers who do not depart 
        the United States within the periods referred to in paragraph 
        (1) will be considered to have failed to maintain nonimmigrant 
        status as H-2C workers and shall be subject to removal under 
        section 237(a)(1)(C)(i). Such aliens shall be considered to be 
        inadmissible pursuant to section 212(a)(9)(B)(i) for having 
        been unlawfully present, with the aliens considered to have 
        been unlawfully present for 181 days as of the 15th day 
        following their period of employment for the purpose of 
        departure or as of the 31st day following their period of 
        employment for the purpose of seeking subsequent offers of 
        employment.
    ``(p) Abandonment of Employment.--
            ``(1) Report by employer.--Not later than 72 hours after an 
        employer learns of the abandonment of employment by H-2C 
        workers before the conclusion of their work contracts, the 
        employer shall notify the Secretary of Agriculture and the 
        Secretary of Homeland Security of such abandonment.
            ``(2) Replacement of aliens.--An employer may designate 
        eligible aliens to replace H-2C workers who abandon employment 
        notwithstanding the numerical limitation found in section 
        214(g)(1)(C).
    ``(q) Change to H-2C Status.--
            ``(1) In general.--An alien described in paragraph (4) is 
        eligible for status as an H-2C worker despite their unlawful 
        presence.
            ``(2) Waiver.--In the case of an alien described in 
        paragraph (4), the Secretary of Homeland Security shall waive 
        the grounds of inadmissibility under paragraphs (5), (6), (7), 
        and (9)(B) of section 212(a), and the grounds of deportability 
        under subparagraphs (A) through (D) of paragraph (1), and 
        paragraph (3), of section 237(a), with respect to conduct that 
        occurred prior to the alien first seeking status as an H-2C 
        worker, solely in order to provide the alien with such status.
            ``(3) Requirement to remain outside the united states.--An 
        alien granted status as an H-2C worker under this subsection 
        shall, after first being granted such status, depart the United 
        States for a period by not later than 180 days after being 
        issued a visa or otherwise being provided with status as an H-
        2C worker. Failure to comply with the requirement of the 
        previous sentence shall be considered failure to maintain 
        nonimmigrant status, and beginning on the date that is 180 days 
        after the date on which the alien was granted such status, the 
        alien shall be subject to removal under section 
        237(a)(1)(C)(i).
            ``(4) Alien described.--An alien described in this 
        paragraph is an alien who--
                    ``(A) was unlawfully present in the United States 
                on October 23, 2017; and
                    ``(B) performed agricultural labor or services in 
                the United States for at least 5.75 hours during each 
                of at least 180 days during the 2-year period ending on 
                the date of the enactment of the AG Act.
    ``(r) Trust Fund To Assure Worker Return.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States a trust fund (in this section referred to 
        as the `Trust Fund') for the purpose of providing a monetary 
        incentive for H-2C workers to return to their country of origin 
        upon expiration of their visas.
            ``(2) Withholding of wages; payment into the trust fund.--
                    ``(A) In general.--Notwithstanding the Fair Labor 
                Standards Act of 1938 (29 U.S.C. 201 et seq.) and State 
                and local wage laws, all employers of H-2C workers 
                shall withhold from the wages of all H-2C workers other 
                than those employed as sheepherders, goatherders, in 
                the range production of livestock, or who return to the 
                their permanent residence outside the United States 
                each day, an amount equivalent to 10 percent of the 
                gross wages of each worker in each pay period and, on 
                behalf of each worker, transfer such withheld amount to 
                the Trust Fund.
                    ``(B) Jobs that are not of a temporary or seasonal 
                nature.--Employers of H-2C workers employed in jobs 
                that are not of a temporary or seasonal nature, other 
                than those employed as a sheepherder, goatherder, or in 
                the range production of livestock, shall also pay into 
                the Trust Fund an amount equivalent to the Federal tax 
                on the wages paid to H-2C workers that the employer 
                would be obligated to pay under chapters 21 and 23 of 
                the Internal Revenue Code of 1986 had the H-2C workers 
                been subject to such chapters.
            ``(3) Distribution of funds.--Amounts paid into the Trust 
        Fund on behalf of an H-2C worker, and held pursuant to 
        paragraph (2)(A) and interest earned thereon, shall be 
        transferred from the Trust Fund to the Secretary of Homeland 
        Security, who shall distribute them to the worker if the 
        worker--
                    ``(A) applies to the Secretary of Homeland Security 
                (or the designee of the Secretary) for payment within 
                120 days of the expiration of the alien's last 
                authorized stay in the United States as an H-2C worker, 
                for which they seek amounts from the Trust Fund;
                    ``(B) establishes to the satisfaction of the 
                Secretary of Homeland Security that they have complied 
                with the terms and conditions of the H-2C program;
                    ``(C) once approved by the Secretary of Homeland 
                Security for payment, physically appears at a United 
                States embassy or consulate in the worker's home 
                country; and
                    ``(D) establishes their identity to the 
                satisfaction of the Secretary of Homeland Security.
            ``(4) Administrative expenses.--The amounts paid into the 
        Trust Fund and held pursuant to paragraph (2)(B), and interest 
        earned thereon, shall be distributed annually to the Secretary 
        of Agriculture and the Secretary of Homeland Security in 
        amounts proportionate to the expenses incurred by such 
        officials in the administration and enforcement of the terms of 
        the H-2C program.
            ``(5) Law enforcement.--Notwithstanding any other provision 
        of law, amounts paid into the Trust Fund under paragraph (2), 
        and interest earned thereon, that are not needed to carry out 
        paragraphs (3) and (4) shall, to the extent provided in advance 
        in appropriations Acts, be made available until expended 
        without fiscal year limitation to the Secretary of Homeland 
        Security to apprehend, detain, and remove aliens inadmissible 
        to or deportable from the United States.
            ``(6) Investment of trust fund.--
                    ``(A) In general.--It shall be the duty of the 
                Secretary of the Treasury to invest such portion of the 
                Trust Fund as is not, in the Secretary's judgment, 
                required to meet current withdrawals. Such investments 
                may be made only in interest-bearing obligations of the 
                United States or in obligations guaranteed as to both 
                principal and interest by the United States.
                    ``(B) Credits to trust fund.--The interest on, and 
                the proceeds from the sale or redemption of, any 
                obligations held in the Trust Fund shall be credited to 
                and form a part of the Trust Fund.
                    ``(C) Report to congress.--It shall be the duty of 
                the Secretary of the Treasury to hold the Trust Fund, 
                and (after consultation with the Secretary of Homeland 
                Security) to report to the Congress each year on the 
                financial condition and the results of the operations 
                of the Trust Fund during the preceding fiscal year and 
                on its expected condition and operations during the 
                next fiscal year. Such report shall be printed as both 
                a House and a Senate document of the session of the 
                Congress in which the report is made.
    ``(s) Procedures for Special Procedures Industries.--
            ``(1) Work locations.--The Secretary of Homeland Security 
        shall permit an employer in a Special Procedures Industry that 
        does not operate at a single fixed place of employment to 
        provide, as part of its petition, a list of places of 
        employment, which--
                    ``(A) may include an itinerary; and
                    ``(B) may be subsequently amended at any time by 
                the employer, after notice to the Secretary.
            ``(2) Wages.--Notwithstanding subsection (k)(2), the 
        Secretary of Agriculture may establish monthly, weekly, or 
        biweekly wage rates for occupations in a Special Procedures 
        Industry for a State or other geographic area. For an employer 
        in a Special Procedures Industry that typically pays a monthly 
        wage, the Secretary shall require that H-2C workers be paid not 
        less frequently than monthly and at a rate no less than the 
        legally required monthly cash wage in an amount as re-
        determined annually by the Secretary.
            ``(3) Allergy limitation.--An employer engaged in the 
        commercial beekeeping or pollination services industry may 
        require that job applicants be free from bee-related allergies, 
        including allergies to pollen and bee venom.''.
    (b) At-Will Employment.--Chapter 2 of title II of the Immigration 
and Nationality Act (8 U.S.C. 1181 et seq.) is amended by inserting 
after section 218A (as inserted by subsection (a)) the following:

``SEC. 218B. AT-WILL EMPLOYMENT OF TEMPORARY H-2C WORKERS.

    ``(a) In General.--An employer that is designated as a `registered 
agricultural employer' pursuant to subsection (d) may employ aliens as 
H-2C workers. However, an H-2C worker may only perform labor or 
services pursuant to this section if the worker is already lawfully 
present in the United States as an H-2C worker, having been admitted or 
otherwise provided nonimmigrant status pursuant to section 218A, and 
has completed the period of employment specified in the job offer the 
worker accepted pursuant to section 218A or the employer has terminated 
the worker's employment pursuant to section 218A(k)(3)(D)(i). An H-2C 
worker who abandons the employment which was the basis for admission or 
status pursuant to section 218A may not perform labor or services 
pursuant to this section until the worker has returned to their home 
country, been readmitted as an H-2C worker pursuant to section 218A and 
has completed the period of employment specified in the job offer the 
worker accepted pursuant to section 218A or the employer has terminated 
the worker's employment pursuant to section 218A(k)(3)(D)(i).
    ``(b) Period of Stay.--H-2C workers performing at-will labor or 
services for a registered agricultural employer are subject to the 
period of admission, limitation of stay in status, and requirement to 
remain outside the United States contained in subsections (o) and (n) 
of section 218A, except that subsection (n)(3)(A) does not apply.
    ``(c) Registered Agricultural Employers.--The Secretary of 
Agriculture shall establish a process to accept and adjudicate 
applications by employers to be designated as registered agricultural 
employers. The Secretary shall require, as a condition of approving the 
application, the payment of a fee to recover the reasonable cost of 
processing the application. The Secretary shall designate an employer 
as a registered agricultural employer if the Secretary determines that 
the employer--
            ``(1) employs (or plans to employ) individuals who perform 
        agricultural labor or services;
            ``(2) has not been subject to debarment from receiving 
        temporary agricultural labor certifications pursuant to section 
        101(a)(15)(H)(ii)(a) within the last three years;
            ``(3) has not been subject to disqualification from the 
        employment of H-2C workers within the last five years;
            ``(4) agrees to, if employing H-2C workers pursuant to this 
        section, fulfill the attestations contained in section 218A(b) 
        as if it had submitted a petition making those attestations 
        (excluding subsection (k)(3) of such section) and not to employ 
        H-2C workers who have reached their maximum continuous period 
        of authorized status under section 218A(n) (subject to the 
        exceptions contained in section 218A(n)(3)) or if the workers 
        have complied with the terms of section 218A(n)(2); and
            ``(5) agrees to notify the Secretary of Agriculture and the 
        Secretary of Homeland Security each time it employs H-2C 
        workers pursuant to this section within 72 hours of the 
        commencement of employment and within 72 hours of the cessation 
        of employment.
    ``(d) Length of Designation.--An employer's designation as a 
registered agricultural employer shall be valid for 3 years, and the 
designation can be extended upon reapplication for additional 3-year 
terms. The Secretary shall revoke a designation before the expiration 
of its 3-year term if the employer is subject to disqualification from 
the employment of H-2C workers subsequent to being designated as a 
registered agricultural employer.
    ``(e) Enforcement.--The Secretary of Agriculture shall be 
responsible for conducting investigations and audits, including random 
audits, of employers to ensure compliance with the requirements of this 
section. All monetary fines levied against employers shall be paid to 
the Department of Agriculture and used to enhance the Department of 
Agriculture's investigatory and audit abilities to ensure compliance by 
employers with their obligations under this section and section 218A. 
The Secretary of Agriculture's enforcement powers and an employer's 
liability described in subsections (i) through (j) of section 218A are 
applicable to employers employing H-2C workers pursuant to this 
section.''.
    (c) Prohibition on Family Members.--Section 101(a)(15)(H) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) is amended by 
striking ``him;'' at the end and inserting ``him, except that no spouse 
or child may be admitted under clause (ii)(c);''.
    (d) Numerical Cap.--Section 214(g)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1184(g)(1)) is amended--
            (1) in subparagraph (A), by striking ``or'' at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(C) under section 101(a)(15)(H)(ii)(c)--
                    ``(i) except as otherwise provided under this 
                subparagraph, may not exceed 40,000 for aliens issued 
                visas or otherwise provided nonimmigrant status under 
                such section for the purpose of performing agricultural 
                labor or services consisting or meat or poultry 
                processing;
                    ``(ii) except as otherwise provided under this 
                subparagraph, may not exceed 410,000 for aliens issued 
                visas or otherwise provided nonimmigrant status under 
                such section for the purpose of performing agricultural 
                labor or services other than agricultural labor or 
                services consisting of meat or poultry processing;
                    ``(iii) if the base allocation under clause (i) or 
                (ii) is exhausted during any fiscal year, the base 
                allocation under such clause for that and subsequent 
                fiscal years shall be increased by the lesser of 10 
                percent or a percentage representing the number of 
                petitioned-for aliens (as a percentage of the base 
                allocation) who would be eligible to be issued visas or 
                otherwise provided nonimmigrant status described in 
                that clause during that fiscal year but for the base 
                allocation being exhausted, and if the increased base 
                allocation is itself exhausted during a subsequent 
                fiscal year, the base allocation for that and 
                subsequent fiscal years shall be further increased by 
                the lesser of 10 percent or a percentage representing 
                the number of petitioned-for aliens (as a percentage of 
                the increased base allocation) who would be eligible to 
                be issued visas or otherwise provided nonimmigrant 
                status described in that clause during that fiscal year 
                but for the increased base allocation being exhausted 
                (subject to clause (iv));
                    ``(iv) if the base allocation under clause (i) or 
                (ii) is not exhausted during any fiscal year, the base 
                allocation under such clause for subsequent fiscal 
                years shall be decreased by the greater of 5 percent or 
                a percentage representing the unutilized portion of the 
                base allocation (as a percentage of the base 
                allocation) during that fiscal year, and if in a 
                subsequent fiscal year the decreased base allocation is 
                itself not exhausted, the base allocation for fiscal 
                years subsequent to that fiscal year shall be further 
                decreased by the greater of 5 percent or a percentage 
                representing the unutilized portion of the decreased 
                base allocation (as a percentage of the decreased base 
                allocation) during that fiscal year (subject to clause 
                (iii) and except that the base allocations under 
                clauses (i) and (ii) shall not fall below 40,000 and 
                410,000, respectively); and
                    ``(v) the numerical limitations under this 
                subparagraph shall not apply to any alien--
                            ``(I) who--
                                    ``(aa) was physically present in 
                                the United States on October 23, 2017; 
                                and
                                    ``(bb) performed agricultural labor 
                                or services in the United States for at 
                                least 5.75 hours during each of at 
                                least 180 days during the 2-year period 
                                ending on the date of the enactment of 
                                the AG Act; or
                            ``(II) who has previously been issued a 
                        visa or otherwise provided nonimmigrant status 
                        pursuant to subclause (a) or (b) of section 
                        101(a)(15)(H)(ii), but only to the extent that 
                        the alien is being petitioned for by an 
                        employer pursuant to section 218A(b) who 
                        previously employed the alien pursuant to 
                        subclause (a) or (b) of section 
                        101(a)(15)(H)(ii) beginning no later than 
                        October 23, 2017.''.
    (e) 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)(c) of section 101(a)(15)(H)''.
    (f) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting 
after the item relating to section 218 the following:

``Sec. 218A. Admission of temporary H-2C workers.
``Sec. 218B. At-will employment of temporary H-2C workers.''.

SEC. 4. MEDIATION.

    Nonimmigrants having status under section 101(a)(15)(H)(ii)(c) of 
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(c)) 
may not bring civil actions for damages against their employers, nor 
may any other attorneys or individuals bring civil actions for damages 
on behalf of such nonimmigrants against the nonimmigrants' employers, 
unless at least 90 days prior to bringing an 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.

SEC. 5. MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION.

    Section 3(8)(B)(ii) of the Migrant and Seasonal Agricultural Worker 
Protection Act (29 U.S.C. 1802(8)(B)(ii)) is amended by striking 
``under sections 101(a)(15)(H)(ii)(a) and 214(c) of the Immigration and 
Nationality Act.'' and inserting ``under subclauses (a) and (c) of 
section 101(a)(15)(H)(ii), and section 214(c), of the Immigration and 
Nationality Act.''.

SEC. 6. BINDING ARBITRATION.

    (a) Applicability.--H-2C workers may, as a condition of employment 
with an employer, be subject to mandatory binding arbitration and 
mediation of any grievance relating to the employment relationship. An 
employer shall provide any such workers with notice of such condition 
of employment at the time it makes job offers.
    (b) Allocation of Costs.--Any cost associated with such arbitration 
and mediation process shall be equally divided between the employer and 
the H-2C workers, except that each party shall be responsible for the 
cost of its own counsel, if any.
    (c) Definitions.--As used in this section:
            (1) The term ``condition of employment'' means a term, 
        condition, obligation, or requirement that is part of the job 
        offer, such as the term of employment, job responsibilities, 
        employee conduct standards, and the grievance resolution 
        process, and to which applicants or prospective H-2C workers 
        must consent or accept in order to be hired for the position.
            (2) The term ``H-2C worker'' means a nonimmigrant described 
        in section 218A(a)(5) of the Immigration and Nationality Act, 
        as added by section 3(a) of this Act.

SEC. 7. ELIGIBILITY FOR HEALTH CARE SUBSIDIES AND REFUNDABLE TAX 
              CREDITS; REQUIRED HEALTH INSURANCE COVERAGE.

    (a) Health Care Subsidies.--H-2C workers (as defined in section 
218A(a)(5) of the Immigration and Nationality Act, as added by section 
3(a) of this Act)--
            (1) are not entitled to the premium assistance tax credit 
        authorized under section 36B of the Internal Revenue Code of 
        1986 and shall be subject to the rules applicable to 
        individuals who are not lawfully present set forth in 
        subsection (e) of such section; and
            (2) 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)).
    (b) Refundable Tax Credits.--H-2C workers (as defined in section 
218A(a)(5) of the Immigration and Nationality Act, as added by section 
3(a) of this Act), shall not be allowed any credit under sections 24 
and 32 of the Internal Revenue Code of 1986. In the case of a joint 
return, no credit shall be allowed under either such section if both 
spouses are such workers or aliens.
    (c) Requirement Regarding Health Insurance Coverage.--
Notwithstanding the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
seq.) and State and local wage laws, not later than 21 days after being 
issued a visa or otherwise provided nonimmigrant status under section 
101(a)(15)(H)(ii)(c) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(ii)(c)), an alien must obtain health insurance coverage 
accepted in their State or States of employment and residence for the 
period of employment specified in section 218A(b)(1) of the Immigration 
and Nationality Act. H-2C workers under section 218A or 218B of the 
Immigration and Nationality Act who do not obtain and maintain the 
required insurance coverage will be considered to have failed to 
maintain nonimmigrant status under section 101(a)(15)(H)(ii)(c) of the 
Immigration and Nationality Act and shall be subject to removal under 
section 237(a)(1)(C)(i) of the Immigration and Nationality Act (8 
U.S.C. 1227(a)(1)(C)(i)).

SEC. 8. EFFECTIVE DATES; SUNSET; REGULATIONS.

    (a) Effective Dates.--
            (1) In general.--Sections 2 and 4 through 6 of this Act, 
        subsections (a) and (c) through (f) of section 3 of this Act, 
        and the amendments made by the sections, shall take effect on 
        the date on which the Secretary issues the rules under 
        subsection (c) of this section, and the Secretary of Homeland 
        Security shall accept petitions pursuant to section 218A of the 
        Immigration and Nationality Act, as inserted by this Act, 
        beginning no later than that date. Section 7 of this Act shall 
        take effect on the date of the enactment of the Act.
            (2) At-will employment.--Section 3(b) of this Act and the 
        amendments made by that subsection shall take effect on the 
        date that it becomes unlawful for all persons or other entities 
        to hire, or to recruit or refer for a fee, for employment in 
        the United States an individual (as provided in section 
        274A(a)(1) of the Immigration and Nationality Act (8 U.S.C. 
        1324a(a)(1))) without participating 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) 
        or an employment eligibility verification system patterned on 
        such program's verification system, and only if at that time 
        the E-Verify Program (or another program patterned after the E-
        Verify Program) responds to inquiries made by such persons or 
        entities by providing confirmation, tentative nonconfirmation, 
        and final nonconfirmation of an individual's identity and 
        employment eligibility in such a way that indicates whether the 
        individual is eligible to be employed in all occupations or 
        only to perform agricultural labor or services under sections 
        218A and 219B of the Immigration and Nationality Act, as added 
        by section 3 of this Act, and if the latter, whether the 
        nonimmigrant would be in compliance with their maximum 
        continuous period of authorized status and requirement to 
        remain outside the United States under section 218A(n) of such 
        Act, as added by section 3(a) of this Act, and on what date the 
        alien would cease to be in compliance with their maximum 
        continuous period of authorized status.
    (b) Operation and Sunset of the H-2A Program.--
            (1) Application of existing regulations.--The Department of 
        Labor H-2A program regulations published at 73 Fed. Reg. 77110 
        et seq. (2008) shall be in force for all petitions approved 
        under sections 101(a)(15)(H)(ii)(a) and 218 of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)(15)(h)(ii)(a); 8 U.S.C. 
        1188) beginning on the date of the enactment of this Act, 
        except that the following, as in effect on the date of the 
        enactment of this Act, shall remain in effect, and, to the 
        extent that any rule published at 73 Fed. Reg. 77110 et seq. is 
        in conflict, such rule shall have no force and effect:
                    (A) Paragraph (a) and subparagraphs (1) and (3) of 
                paragraph (b) of section 655.200 of title 20, Code of 
                Federal Regulations.
                    (B) Section 655.201 of title 20, Code of Federal 
                Regulations, except the paragraphs entitled 
                ``Production of Livestock'' and ``Range''.
                    (C) Paragraphs (c), (d), and (e) of section 655.210 
                of title 20, Code of Federal Regulations.
                    (D) Section 655.230 of title 20, Code of Federal 
                Regulations.
                    (E) Section 655.235 of title 20, Code of Federal 
                Regulations.
                    (F) The Special Procedures Labor Certification 
                Process for Employers in the Itinerant Animal Shearing 
                Industry under the H-2A Program in effect under the 
                Training and Employment Guidance Letter No. 17-06, 
                Change 1, Attachment B, Section II, with an effective 
                date of October 1, 2011.
            (2) Sunset.--Beginning on the date on which employers can 
        file petitions pursuant to section 218A of the Immigration and 
        Nationality Act, as added by section 3(a) of this Act, no new 
        petitions under sections 101(a)(15)(H)(ii)(a) and 218 of the 
        Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(H)(ii)(a); 8 U.S.C. 1188) shall be accepted.
    (c) Regulations.--Notwithstanding any other provision of law, not 
later than the first day of the seventh month that begins after the 
date of the enactment of this Act, the Secretary of Homeland Security 
shall issue final rules, on an interim or other basis, to carry out 
this Act.
                                 <all>