[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9101 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 9101

 To direct the Secretary of Labor to establish that the adverse effect 
wage rate shall be 125 percent of a certain minimum wage, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 30, 2022

Mrs. Fischbach introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To direct the Secretary of Labor to establish that the adverse effect 
wage rate shall be 125 percent of a certain minimum wage, 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 ``H-2A Reform Act of 2022''.

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

    (a) Wage Reform.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Labor shall issue such 
regulations necessary to establish that the adverse effect wage rate 
shall be the difference of--
            (1) the amount that is 125 percent of the Federal minimum 
        wage required by the Fair Labor Standards Act; and
            (2) the value of any other benefit provided to the alien.
    (b) Codification of Wage Reform.--Section 218 of the Immigration 
and Nationality Act (8 U.S.C. 1188) is amended--
            (1) in subsection (i), by adding at the end the following:
            ``(3) The term `adverse effect wage rate' means the 
        difference of--
                    ``(A) the amount that is 125 percent of the Federal 
                minimum wage required by the Fair Labor Standards Act; 
                and
                    ``(B) the value of any other benefit provided to 
                the alien.'';
            (2) by adding at the end the following:
    ``(j) Clarification of Adversely Affect.--The Secretary of Labor 
shall ensure that an H-2A worker do not adversely affect the wage of a 
United States worker by ensuring that the H-2A worker is paid the 
adverse effect wage rate.''.
    (c) Temporary Nature.--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,''.
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