[Congressional Record Volume 164, Number 109 (Thursday, June 28, 2018)]
[Senate]
[Pages S4758-S4760]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3376. Mr. MERKLEY (for himself and Mr. Wyden) submitted an 
amendment intended to be proposed to amendment SA 3224 proposed by Mr. 
Roberts (for himself and Ms. Stabenow) to the bill H.R. 2, to provide 
for the reform and continuation of agricultural and other programs of 
the Department of Agriculture through fiscal year 2023, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title VIII, insert the 
     following:

     SEC. 8__. REFORMS AND OVERSIGHT TO U.S. FOREST SERVICE 
                   CONTRACTING.

       (a) Definitions.--In this section:
       (1) H-2B nonimmigrant.--The term ``H-2B nonimmigrant'' 
     means a nonimmigrant described in section 
     101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(H)(ii)(b)).
       (2) Prospective h-2b employer.--The term ``prospective H-2B 
     employer'' means a United States business that is considering 
     employing 1 or more H-2B nonimmigrants.
       (3) State workforce agency.--Except as used in subsection 
     (b), the term ``State workforce agency'' means the workforce 
     agency of the State in which the prospective H-2B employer 
     intends to employ H-2B nonimmigrants.
       (b) Department of Labor.--
       (1) Recruitment.--As a component of the labor certification 
     process required before H-2B nonimmigrants are offered 
     employment through United States Forest Service timber or 
     service contracts in the United States, the Secretary of 
     Labor shall require all prospective H-2B employers, before 
     submitting a petition to hire H-2B nonimmigrants, to conduct 
     a robust effort to recruit United States workers, including--
       (A) advertising at employment or job-placement events, such 
     as job fairs;
       (B) advertising with State or local workforce agencies, 
     nonprofit organizations, or other appropriate entities, and 
     working with such entities to identify potential employees;

[[Page S4760]]

       (C) advertising in appropriate media, including local radio 
     stations and commonly used, reputable Internet job-search 
     sites;
       (D) provide potential United States workers at least 30 
     days from the date on which a job announcement is posted (or 
     such longer period as the State workforce considers 
     appropriate) to apply for such employment in person, by mail, 
     by email, or by facsimile machine;
       (E) include a valid phone number that potential United 
     States workers may call to get additional information about 
     such employment opportunity; and
       (F) such other recruitment strategies as the State 
     workforce agency considers appropriate for the sector or 
     positions for which H-2B nonimmigrants would be considered.
       (2) Separate petitions.--A prospective H-2B employer shall 
     submit a separate petition for each State in which the 
     employer plans to employ H-2B nonimmigrants as part of a 
     United States Forest Service timber or service contract for a 
     period of 7 days or longer.
       (c) State Workforce Agencies.--The Secretary of Labor may 
     not grant a temporary labor certification to a prospective H-
     2B employer seeking to employ H-2B nonimmigrants as part of a 
     United States Forest Service timber or service contract until 
     after the Director of the State workforce agency--
       (1) has provided United States workers who may be 
     interested in the position with application instructions;
       (2) has formally consulted with the workforce agency 
     director of each contiguous State listed on the prospective 
     H-2B employer's application and determined that--
       (A) the employer has complied with all recruitment 
     requirements set forth in subsection (b) and there is a 
     legitimate demand for the employment of H-2B nonimmigrants in 
     each of those States; or
       (B) the employer has amended the application by removing or 
     making appropriate modifications with respect to the States 
     in which the criteria set forth in subparagraph (A) have not 
     been met;
       (3) certifies that the prospective H-2B employer has 
     complied with all recruitment requirements set forth in 
     subsection (b) or any other applicable provision of law; and
       (4) makes a formal determination and certifies to the 
     Secretary of Labor that nationals of the United States are 
     not qualified or available to fill the employment 
     opportunities offered by the prospective H-2B employer.
                                 ______