[Congressional Record Volume 168, Number 198 (Tuesday, December 20, 2022)]
[Senate]
[Pages S9684-S9709]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6589. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 6552 proposed by Mr. Leahy to the bill H.R. 2617, to amend 
section 1115 of title 31, United States Code, to amend the description 
of how performance goals are achieved, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end, add the following:

          DIVISION KK--AFFORDABLE AND SECURE FOOD ACT OF 2022

     SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Affordable and Secure Food Act of 2022''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

          DIVISION KK--AFFORDABLE AND SECURE FOOD ACT OF 2022

Sec. 1. Short title; table of contents.

         TITLE I--SECURING THE DOMESTIC AGRICULTURAL WORKFORCE

    Subtitle A--Temporary Status for Certified Agricultural Workers

Sec. 101. Certified agricultural worker status.
Sec. 102. Terms and conditions of certified status.
Sec. 103. Extensions of certified status.
Sec. 104. Determination of continuous presence.
Sec. 105. Employer obligations.
Sec. 106. Administrative and judicial review.

      Subtitle B--Optional Earned Residence for Long-Term Workers

Sec. 111. Optional adjustment of status for long-term agricultural 
              workers.
Sec. 112. Payment of taxes.
Sec. 113. Adjudication and decision; review.

                     Subtitle C--General Provisions

Sec. 121. Definitions.
Sec. 122. Rulemaking; Fees.
Sec. 123. Background checks.
Sec. 124. Protection for children.
Sec. 125. Limitation on removal.
Sec. 126. Documentation of agricultural work history.
Sec. 127. Employer protections.
Sec. 128. Correction of social security records; conforming amendments.
Sec. 129. Disclosures and privacy.
Sec. 130. Penalties for false statements in applications.
Sec. 131. Dissemination of information.
Sec. 132. Exemption from numerical limitations.
Sec. 133. Reports to Congress.
Sec. 134. Grant program to assist eligible applicants.
Sec. 135. Authorization of appropriations.

      TITLE II--ENSURING AN AGRICULTURAL WORKFORCE FOR THE FUTURE

        Subtitle A--Reforming the H-2A Temporary Worker Program

Sec. 201. Comprehensive and streamlined electronic H-2A platform.
Sec. 202. H-2A program requirements.
Sec. 203. Agency roles and responsibilities.
Sec. 204. Worker protection and compliance.
Sec. 205. Report on wage protections.
Sec. 206. Portable H-2A visa pilot program.
Sec. 207. Improving access to permanent residence.

    Subtitle B--Preservation and Construction of Farm Worker Housing

Sec. 220. Short title.
Sec. 221. New farm worker housing.
Sec. 222. Loan and grant limitations.
Sec. 223. Operating assistance subsidies.
Sec. 224. Rental assistance contract authority.
Sec. 225. Eligibility for rural housing vouchers.
Sec. 226. Permanent establishment of housing preservation and 
              revitalization program.
Sec. 227. Amount of voucher assistance.
Sec. 228. Funding for multifamily technical improvements.
Sec. 229. Plan for preserving affordability of rental projects.
Sec. 230. Covered housing programs.
Sec. 231. Eligibility of certified workers.

           Subtitle C--Foreign Labor Recruiter Accountability

Sec. 251. Definitions.
Sec. 252. Registration of foreign labor recruiters.
Sec. 253. Enforcement.
Sec. 254. Authorization of appropriations.

      TITLE III--ELECTRONIC VERIFICATION OF EMPLOYMENT ELIGIBILITY

Sec. 301. Electronic employment eligibility verification system.
Sec. 302. Mandatory electronic verification for the agricultural 
              industry.
Sec. 303. Coordination with E-Verify Program.
Sec. 304. Fraud and misuse of documents.
Sec. 305. Technical and conforming amendments.
Sec. 306. Protection of Social Security Administration programs.
Sec. 307. Report on the implementation of the electronic employment 
              verification system.
Sec. 308. Modernizing and streamlining the employment eligibility 
              verification process.
Sec. 309. Rulemaking; Paperwork Reduction Act.

         TITLE I--SECURING THE DOMESTIC AGRICULTURAL WORKFORCE

    Subtitle A--Temporary Status for Certified Agricultural Workers

     SEC. 101. CERTIFIED AGRICULTURAL WORKER STATUS.

       (a) Requirements for Certified Agricultural Worker 
     Status.--
       (1) Principal aliens.--The Secretary may grant certified 
     agricultural worker status to an alien who submits a 
     completed application, including the required processing 
     fees, before the end of the period set forth in subsection 
     (c) and who--
       (A) performed agricultural labor or services in the United 
     States for at least 1,035 hours (or 180 work days) during the 
     2-year period preceding the date of the enactment of this 
     Act;
       (B) on the date of the enactment of this Act--
       (i) is inadmissible or deportable from the United States; 
     or
       (ii) is under a grant of deferred enforced departure, has 
     been paroled into the United States, or has temporary 
     protected status under section 244 of the Immigration and 
     Nationality Act (8 U.S.C. 1254a);
       (C) subject to section 104, has been continuously present 
     in the United States since the date of the enactment of this 
     Act and until the date on which the alien is granted 
     certified agricultural worker status; and
       (D) is not otherwise ineligible for certified agricultural 
     worker status as provided in subsection (b).
       (2) Dependent spouse and children.--The Secretary may grant 
     certified agricultural dependent status to the spouse or 
     child of an alien granted certified agricultural worker 
     status under paragraph (1) if the spouse or child is not 
     ineligible for certified agricultural dependent status as 
     provided in subsection (b).
       (b) Grounds for Ineligibility.--
       (1) Grounds of inadmissibility.--Except as provided in 
     paragraph (3), an alien is ineligible for certified 
     agricultural worker or certified agricultural dependent 
     status if the Secretary determines that the alien is 
     inadmissible under section 212(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)), except that in 
     determining inadmissibility--
       (A) paragraphs (4), (5), (7), and (9)(B) of such section 
     shall not apply;
       (B) subparagraphs (A), (C), (D), (F), and (G) of such 
     section 212(a)(6) and paragraphs (9)(C) and (10)(B) of such 
     section 212(a) shall not apply unless based on the act of 
     unlawfully entering the United States after the date of the 
     enactment of this Act; and
       (C) paragraphs (6)(B) and (9)(A) of such section 212(a) 
     shall not apply unless the relevant conduct began on or after 
     the date of filing of the application for certified 
     agricultural worker status.
       (2) Additional criminal bars.--Except as provided in 
     paragraph (3), an alien is ineligible for certified 
     agricultural worker status or certified agricultural 
     dependent status if the Secretary determines that (other than 
     any offense under State law for which an essential element is 
     the alien's immigration status, simple possession of cannabis 
     or cannabis-related paraphernalia, any offense involving 
     cannabis or cannabis-related paraphernalia which is no longer 
     prosecutable in the State in which the conviction was 
     entered, any offense involving civil disobedience without 
     violence, and any minor traffic offense) the alien has been 
     convicted of--
       (A) any felony offense;
       (B) an aggravated felony (as defined in section 101(a)(43) 
     of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) 
     at the time of the conviction);
       (C) 2 misdemeanor offenses involving moral turpitude (as 
     described in section 212(a)(2)(A)(i)(I) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)(2)(A)(i)(I))), unless 
     an offense is waived by the Secretary under paragraph (3)(B); 
     or
       (D) 3 or more misdemeanor offenses not occurring on the 
     same date, and not arising out of the same act, omission, or 
     scheme of misconduct.
       (3) Waivers for certain grounds of inadmissibility.--For 
     humanitarian purposes, family unity, or if otherwise in the 
     public interest, the Secretary may waive the grounds of 
     inadmissibility under--
       (A) paragraph (1), (6)(E), or (10)(D) of section 212(a) of 
     the Immigration and Nationality Act (8 U.S.C. 1182(a)); or
       (B) subparagraphs (A) and (D) of section 212(a)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(2)), unless 
     inadmissibility is based on a conviction that would otherwise 
     render the alien ineligible under subparagraph (A), (B), or 
     (D) of paragraph (2).
       (c) Application.--
       (1) Application period.--Except as provided in paragraph 
     (2), the Secretary shall accept initial applications for 
     certified agricultural worker status during the 18-month 
     period beginning on the date on which the

[[Page S9685]]

     interim final rule is published in the Federal Register 
     pursuant to section 122(a).
       (2) Extension.--If the Secretary determines, during the 
     initial period described in paragraph (1), that additional 
     time is required to process initial applications for 
     certified agricultural worker status or for other good cause, 
     the Secretary may extend the period for accepting 
     applications for up to an additional 12 months.
       (3) Submission of applications.--
       (A) In general.--An alien may file an application with the 
     Secretary under this section with the assistance of an 
     attorney or a nonprofit religious, charitable, social 
     service, or similar organization recognized by the Board of 
     Immigration Appeals under section 292.2 of title 8, Code of 
     Federal Regulations. The Secretary shall also create a 
     procedure for accepting applications filed by qualified 
     designated entities with the consent of the applicant.
       (B) Farm service agency offices.--The Secretary, in 
     consultation with the Secretary of Agriculture, shall 
     establish a process for the filing of applications under this 
     section at Farm Service Agency offices throughout the United 
     States.
       (4) Evidence of application filing.--As soon as practicable 
     after receiving an application for certified agricultural 
     worker status, the Secretary shall provide the applicant with 
     a document acknowledging the receipt of such application. 
     Such document shall serve as interim proof of the alien's 
     authorization to accept employment in the United States and 
     shall be accepted by an employer as evidence of employment 
     authorization under section 274A(b)(1)(C) of the Immigration 
     and Nationality Act (8 U.S.C. 1324a(b)(1)(C)), if the 
     employer is employing the holder of such document to perform 
     agricultural labor or services, pending a final 
     administrative decision on the application.
       (5) Effect of pending application.--During the period 
     beginning on the date on which an alien applies for certified 
     agricultural worker status under this subtitle, and ending on 
     the date on which the Secretary makes a final administrative 
     decision regarding such application, the alien and any 
     dependents included in the application--
       (A) may apply for advance parole, which shall be granted 
     upon demonstrating a legitimate need to travel outside the 
     United States for a temporary purpose;
       (B) may not be detained by the Secretary or removed from 
     the United States unless the Secretary makes a prima facie 
     determination that such alien is, or has become, ineligible 
     for certified agricultural worker status;
       (C) may not be considered unlawfully present under section 
     212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(9)(B)); and
       (D) may not be considered an unauthorized alien (as defined 
     in section 274A(h)(3) of the Immigration and Nationality Act 
     (8 U.S.C. 1324a(h)(3))).
       (6) Withdrawal of application.--The Secretary shall, upon 
     receipt of a request from the applicant to withdraw an 
     application for certified agricultural worker status under 
     this subtitle, cease processing of the application, and close 
     the case. Withdrawal of the application shall not prejudice 
     any future application filed by the applicant for any 
     immigration benefit under this division or under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (7) Processing fee.--A principal alien, his or her spouse, 
     or his or her child who submits an application for certified 
     agricultural worker states under this subtitle shall pay a 
     $250 processing fee, which shall be deposited into the 
     Immigration Examinations Fee Account pursuant to section 
     286(m) of the Immigration and Nationality Act (8 
     U.S.C.1356(m)).
       (d) Adjudication and Decision.--
       (1) In general.--Subject to section 123, the Secretary 
     shall render a decision on an application for certified 
     agricultural worker status not later than 180 days after the 
     date the application is filed.
       (2) Notice.--Before denying an application for certified 
     agricultural worker status, the Secretary shall provide the 
     alien with--
       (A) written notice that describes the basis for 
     ineligibility or the deficiencies in the evidence submitted; 
     and
       (B) at least 90 days to contest ineligibility or submit 
     additional evidence.
       (3) Amended application.--An alien whose application for 
     certified agricultural worker status is denied under this 
     section may submit an amended application for such status to 
     the Secretary if the amended application is submitted within 
     the application period described in subsection (c) and 
     contains all the required information and fees that were 
     missing from the initial application.
       (e) Alternative H-2A Status.--An alien who has not met the 
     required period of agricultural labor or services under 
     subsection (a)(1)(A), but is otherwise eligible for certified 
     agricultural worker status under such subsection, shall be 
     eligible for classification as 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)) upon 
     approval of a petition submitted by a sponsoring employer, if 
     the alien has performed at least 690 hours (or 120 work days) 
     of agricultural labor or services during the 3-year period 
     preceding the date of the enactment of this Act. The 
     Secretary shall create a procedure to provide for such 
     classification without requiring the alien to depart the 
     United States and obtain a visa abroad.

     SEC. 102. TERMS AND CONDITIONS OF CERTIFIED STATUS.

       (a) In General.--
       (1) Approval.--Upon approval of an application for 
     certified agricultural worker status, or an extension of such 
     status pursuant to section 103, the Secretary shall issue--
       (A) documentary evidence of such status to the applicant; 
     and
       (B) documentary evidence of certified agricultural 
     dependent status to any qualified dependent included on such 
     application.
       (2) Documentary evidence.--In addition to any other 
     features and information as the Secretary may prescribe, the 
     documentary evidence described in paragraph (1)--
       (A) shall be machine-readable and tamper-resistant;
       (B) shall contain a digitized photograph;
       (C) shall serve as a valid travel and entry document for 
     purposes of applying for admission to the United States; and
       (D) shall be accepted during the period of its validity by 
     an employer as evidence of employment authorization and 
     identity under section 274A(b)(1)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(b)(1)(B)).
       (3) Validity period.--Certified agricultural worker and 
     certified agricultural dependent status shall be valid for 
     5\1/2\ years beginning on the date of approval.
       (4) Travel authorization.--An alien with certified 
     agricultural worker or certified agricultural dependent 
     status may--
       (A) travel within and outside of the United States, 
     including commuting to the United States from a residence in 
     a foreign country; and
       (B) be admitted to the United States upon return from 
     travel abroad without first obtaining a visa if the alien is 
     in possession of--
       (i) valid, unexpired documentary evidence of certified 
     agricultural worker or certified agricultural worker 
     dependent status as described in subsection (a); or
       (ii) a travel document that has been approved by the 
     Secretary and was issued to the alien after the alien's 
     original documentary evidence was lost, stolen, or destroyed.
       (b) Ability To Change Status.--
       (1) Change to certified agricultural worker status.--
     Notwithstanding section 101(a), an alien with valid certified 
     agricultural dependent status may apply to change to 
     certified agricultural worker status, at any time, if the 
     alien--
       (A) submits a completed application, including the required 
     processing fees; and
       (B) is not ineligible for certified agricultural worker 
     status under section 101(b).
       (2) Clarification.--Nothing in this title prohibits an 
     alien granted certified agricultural worker or certified 
     agricultural dependent status from changing status to any 
     other immigrant or nonimmigrant classification for which the 
     alien may be eligible.
       (c) Public Benefits, Tax Benefits, and Health Care 
     Subsidies.--Aliens granted certified agricultural worker or 
     certified agricultural dependent status--
       (1) shall be considered lawfully present in the United 
     States for all purposes for the duration of their status;
       (2) shall be eligible for Federal means-tested public 
     benefits to the same extent as other individuals who are not 
     qualified aliens under section 431 of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1641);
       (3) are entitled to the premium assistance tax credit 
     authorized under section 36B of the Internal Revenue Code of 
     1986 (26 U.S.C. 36B);
       (4) shall not 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)); and
       (5) shall not be subject to the rules applicable to 
     individuals not lawfully present set forth in section 
     5000A(d)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 
     5000A(d)(3)).
       (d) Revocation of Status.--
       (1) In general.--The Secretary may revoke certified 
     agricultural worker or certified agricultural dependent 
     status if, after providing notice to the alien and the 
     opportunity to provide evidence to contest the proposed 
     revocation, the Secretary determines that the alien no longer 
     meets the eligibility requirements for such status under 
     section 101(b).
       (2) Invalidation of documentation.--Upon the Secretary's 
     final determination to revoke an alien's certified 
     agricultural worker or certified agricultural dependent 
     status, any documentation issued by the Secretary to such 
     alien under subsection (a) shall automatically be rendered 
     invalid for any purpose except for departure from the United 
     States.

     SEC. 103. EXTENSIONS OF CERTIFIED STATUS.

       (a) Requirements for Extensions of Status.--
       (1) Principal aliens.--The Secretary may extend certified 
     agricultural worker status for additional periods of 5 \1/2\ 
     years to an alien who submits a completed application, 
     including the required processing fees, within the 120-day 
     period beginning 60 days before the expiration of the fifth 
     year of the immediately preceding grant of certified 
     agricultural worker status, if the alien--
       (A) except as provided in section 126(c), has performed 
     agricultural labor or services in the United States for at 
     least 690 hours (or 120 work days) for each of the prior 5 
     years in which the alien held certified agricultural worker 
     status; and

[[Page S9686]]

       (B) has not become ineligible for certified agricultural 
     worker status under section 101(b).
       (2) Dependent spouse and children.--The Secretary may grant 
     or extend certified agricultural dependent status to the 
     spouse or child of an alien granted an extension of certified 
     agricultural worker status under paragraph (1) if the spouse 
     or child is not ineligible for certified agricultural 
     dependent status under section 101(b).
       (3) Waiver for late filings.--The Secretary may waive an 
     alien's failure to timely file before the expiration of the 
     120-day period described in paragraph (1) if the alien 
     demonstrates that the delay was due to extraordinary 
     circumstances beyond the alien's control or for other good 
     cause.
       (b) Status for Workers With Pending Applications.--
       (1) In general.--Certified agricultural worker status of an 
     alien who timely files an application to extend such status 
     under subsection (a) (and the status of the alien's 
     dependents) shall be automatically extended through the date 
     on which the Secretary makes a final administrative decision 
     regarding such application.
       (2) Documentation of employment authorization.--As soon as 
     practicable after receipt of an application to extend 
     certified agricultural worker status under subsection (a), 
     the Secretary shall issue a document to the alien 
     acknowledging the receipt of such application. An employer of 
     the worker may not refuse to accept such document as evidence 
     of employment authorization under section 274A(b)(1)(C) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1324a(b)(1)(C)), pending a final administrative decision on 
     the application.
       (c) Notice.--Prior to denying an application to extend 
     certified agricultural worker status, the Secretary shall 
     provide the alien with--
       (1) written notice that describes the basis for 
     ineligibility or the deficiencies of the evidence submitted; 
     and
       (2) at least 90 days to contest ineligibility or submit 
     additional evidence.

     SEC. 104. DETERMINATION OF CONTINUOUS PRESENCE.

       (a) Effect of Notice To Appear.--The continuous presence in 
     the United States of an applicant for certified agricultural 
     worker status under section 101 shall not terminate when the 
     alien is served a notice to appear under section 239(a) of 
     the Immigration and Nationality Act (8 U.S.C. 1229(a)).
       (b) Treatment of Certain Breaks in Presence.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), an alien shall be considered to have failed to maintain 
     continuous presence in the United States under this subtitle 
     if the alien departed the United States for any period 
     exceeding 90 days, or for any periods, in the aggregate, 
     exceeding 180 days.
       (2) Extensions for extenuating circumstances.--The 
     Secretary may extend the time periods described in paragraph 
     (1) for an alien who demonstrates that the failure to timely 
     return to the United States was due to extenuating 
     circumstances beyond the alien's control, including the 
     serious illness of the alien, or death or serious illness of 
     a spouse, parent, son or daughter, grandparent, or sibling of 
     the alien.
       (3) Travel authorized by the secretary.--Any period of 
     travel outside of the United States by an alien that was 
     authorized by the Secretary shall not be counted toward any 
     period of departure from the United States under paragraph 
     (1).

     SEC. 105. EMPLOYER OBLIGATIONS.

       (a) Record of Employment.--An employer of an alien in 
     certified agricultural worker status shall provide such alien 
     with a written record of employment each year during which 
     the alien provides agricultural labor or services to such 
     employer as a certified agricultural worker.
       (b) Civil Penalties.--
       (1) In general.--If the Secretary determines, after notice 
     and an opportunity for a hearing, that an employer of an 
     alien with certified agricultural worker status has knowingly 
     failed to provide the record of employment required under 
     subsection (a), or has provided a false statement of material 
     fact in such a record, the employer shall be subject to a 
     civil penalty in an amount not to exceed $400 per violation.
       (2) Limitation.--The penalty under paragraph (1) for 
     failure to provide employment records shall not apply unless 
     the alien has provided the employer with evidence of 
     employment authorization described in section 102 or 103.
       (3) Deposit of civil penalties.--Civil penalties collected 
     under this paragraph shall be deposited into the Immigration 
     Examinations Fee Account under section 286(m) of the 
     Immigration and Nationality Act (8 U.S.C. 1356(m)).

     SEC. 106. ADMINISTRATIVE AND JUDICIAL REVIEW.

       (a) Administrative Review.--The Secretary shall establish a 
     process by which an applicant may seek administrative review 
     of a denial of an application for certified agricultural 
     worker status under this subtitle, an application to extend 
     such status, or a revocation of such status.
       (b) Admissibility in Immigration Court.--Each record of an 
     alien's application for certified agricultural worker status 
     under this subtitle, application to extend such status, 
     revocation of such status, and each record created pursuant 
     to the administrative review process under subsection (a) is 
     admissible in immigration court, and shall be included in the 
     administrative record.
       (c) Judicial Review.--Notwithstanding any other provision 
     of law, judicial review of the Secretary's decision to deny 
     an application for certified agricultural worker status, an 
     application to extend such status, or the decision to revoke 
     such status, shall be limited to the review of an order of 
     removal under section 242 of the Immigration and Nationality 
     Act (8 U.S.C. 1252).

      Subtitle B--Optional Earned Residence for Long-Term Workers

     SEC. 111. OPTIONAL ADJUSTMENT OF STATUS FOR LONG-TERM 
                   AGRICULTURAL WORKERS.

       (a) Requirements for Adjustment of Status.--
       (1) Principal aliens.--The Secretary may adjust the status 
     of an alien from that of a certified agricultural worker to 
     that of a lawful permanent resident if the alien submits a 
     completed application, including the required processing and 
     penalty fees, and the Secretary determines that--
       (A) except as provided in section 126(c), the alien 
     performed agricultural labor or services for not less than 
     690 hours (or 120 work days) each year for at least 10 years 
     and for at least 4 years while in certified agricultural 
     worker status; and
       (B) the alien has not become ineligible for certified 
     agricultural worker status under section 101(b).
       (2) Dependent aliens.--
       (A) In general.--The spouse and each child of an alien 
     described in paragraph (1) whose status has been adjusted to 
     that of a lawful permanent resident may be granted lawful 
     permanent residence under this subtitle if--
       (i) the qualifying relationship to the principal alien 
     existed on the date on which such alien was granted 
     adjustment of status under this subtitle; and
       (ii) the spouse or child is not ineligible for certified 
     agricultural worker dependent status under section 101(b).
       (B) Protections for spouses and children.--The Secretary 
     shall establish procedures to allow the spouse or child of a 
     certified agricultural worker to self-petition for lawful 
     permanent residence under this subtitle in cases involving--
       (i) the death of the certified agricultural worker, so long 
     as the spouse or child submits a petition not later than 2 
     years after the date of the worker's death; or
       (ii) the spouse or a child being battered or subjected to 
     extreme cruelty by the certified agricultural worker.
       (3) Documentation of work history.--
       (A) In general.--An applicant for adjustment of status 
     under this section shall not be required to resubmit evidence 
     of work history that has been previously submitted to the 
     Secretary in connection with an approved extension of 
     certified agricultural worker status.
       (B) Presumption of compliance.--The Secretary shall presume 
     that the work requirement has been met if the applicant 
     attests, under penalty of perjury, that he or she--
       (i) has satisfied the requirement;
       (ii) demonstrates presence in the United States during the 
     most recent 10-year period; and
       (iii) presents documentation demonstrating compliance with 
     the work requirement while the applicant was in certified 
     agricultural worker status.
       (b) Penalty Fee.--In addition to any processing fee that 
     the Secretary may assess in accordance with section 122(b), a 
     principal alien seeking adjustment of status under this 
     subtitle shall pay a $750 penalty fee, which shall be 
     deposited into the Immigration Examinations Fee Account 
     pursuant to section 286(m) of the Immigration and Nationality 
     Act (8 U.S.C. 1356(m)).
       (c) Effect of Pending Application.--During the period 
     beginning on the date on which an alien applies for 
     adjustment of status under this subtitle, and ending on the 
     date on which the Secretary makes a final administrative 
     decision regarding such application, the alien and any 
     dependents included on the application--
       (1) may apply for advance parole, which shall be granted 
     upon demonstrating a legitimate need to travel outside the 
     United States for a temporary purpose;
       (2) may not be detained by the Secretary or removed from 
     the United States unless the Secretary makes a prima facie 
     determination that such alien is, or has become, ineligible 
     for adjustment of status under subsection (a);
       (3) may not be considered unlawfully present under section 
     212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(9)(B)); and
       (4) may not be considered an unauthorized alien (as defined 
     in section 274A(h)(3) of the Immigration and Nationality Act 
     (8 U.S.C. 1324a(h)(3))).
       (d) Evidence of Application Filing.--As soon as practicable 
     after receiving an application for adjustment of status under 
     this subtitle, the Secretary shall provide the applicant with 
     a document acknowledging the receipt of such application. 
     Such document shall serve as interim proof of the alien's 
     authorization to accept employment in the United States and 
     shall be accepted by an employer as evidence of employment 
     authorization under section 274A(b)(1)(C) of the Immigration 
     and Nationality Act (8 U.S.C. 1324a(b)(1)(C)), pending a 
     final administrative decision on the application.
       (e) Withdrawal of Application.--The Secretary shall, upon 
     receipt of a request to withdraw an application for 
     adjustment of

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     status under this subtitle, cease processing of the 
     application, and close the case. Withdrawal of the 
     application shall not prejudice any future application filed 
     by the applicant for any immigration benefit under this 
     division or under the Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.).

     SEC. 112. PAYMENT OF TAXES.

       (a) In General.--An alien may not be granted adjustment of 
     status under this subtitle unless the applicant has satisfied 
     any applicable Federal tax liability.
       (b) Compliance.--An alien may demonstrate compliance with 
     subsection (a) by submitting such documentation as the 
     Secretary, in consultation with the Secretary of the 
     Treasury, may require by regulation.

     SEC. 113. ADJUDICATION AND DECISION; REVIEW.

       (a) In General.--Subject to the requirements of section 
     123, the Secretary shall render a decision on an application 
     for adjustment of status under this subtitle not later than 
     180 days after the date on which the application is filed.
       (b) Notice.--Prior to denying an application for adjustment 
     of status under this subtitle, the Secretary shall provide 
     the alien with--
       (1) written notice that describes the basis for 
     ineligibility or the deficiencies of the evidence submitted; 
     and
       (2) at least 90 days to contest ineligibility or submit 
     additional evidence.
       (c) Administrative Review.--The Secretary shall establish a 
     process by which an applicant may seek administrative review 
     of a denial of an application for adjustment of status under 
     this subtitle.
       (d) Judicial Review.--Notwithstanding any other provision 
     of law, an alien may seek judicial review of a denial of an 
     application for adjustment of status under this title in an 
     appropriate United States district court.

                     Subtitle C--General Provisions

     SEC. 121. DEFINITIONS.

       In this title:
       (1) In general.--Except as otherwise provided, any term 
     used in this title that is used in the immigration laws shall 
     have the meaning given such term in the immigration laws (as 
     such term is defined in section 101 of the Immigration and 
     Nationality Act (8 U.S.C. 1101)).
       (2) Agricultural labor or services.--The term 
     ``agricultural labor or services'' means--
       (A) agricultural labor or services (as such term is used in 
     section 101(a)(15)(H)(ii) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)(15)(H)(ii))), without regard to whether 
     the labor or services are of a seasonal or temporary nature; 
     and
       (B) agricultural employment (as such term is defined in 
     section 3 of the Migrant and Seasonal Agricultural Worker 
     Protection Act (29 U.S.C. 1802)), and including employment 
     with any agricultural cooperative, without regard to whether 
     the specific service or activity is temporary or seasonal.
       (3) Applicable federal tax liability.--The term 
     ``applicable Federal tax liability'' means all Federal income 
     taxes assessed in accordance with section 6203 of the 
     Internal Revenue Code of 1986 beginning on the date on which 
     the applicant was authorized to work in the United States as 
     a certified agricultural worker.
       (4) Appropriate united states district court.--The term 
     ``appropriate United States district court'' means the United 
     States District Court for the District of Columbia or the 
     United States district court with jurisdiction over the 
     alien's principal place of residence.
       (5) Child.--The term ``child'' has the meaning given such 
     term in section 101(b)(1) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(b)(1)).
       (6) Convicted or conviction.--The term ``convicted'' or 
     ``conviction'' does not include a judgment that has been 
     expunged or set aside, that resulted in a rehabilitative 
     disposition, or the equivalent.
       (7) Employer.--The term ``employer'' means any person or 
     entity, including any labor contractor or any agricultural 
     association, that employs workers in agricultural labor or 
     services.
       (8) Qualified designated entity.--The term ``qualified 
     designated entity'' means--
       (A) a qualified farm labor organization or an association 
     of employers designated by the Secretary; or
       (B) any other entity that the Secretary designates as 
     having substantial experience, demonstrated competence, and a 
     history of long-term involvement in the preparation and 
     submission of application for adjustment of status under 
     title II of the Immigration and Nationality Act (8 U.S.C. 
     1151 et seq.).
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (10) Work day.--The term ``work day'' means any day in 
     which the individual is employed 5.75 or more hours in 
     agricultural labor or services.

     SEC. 122. RULEMAKING; FEES.

       (a) Rulemaking.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall publish in the 
     Federal Register, an interim final rule implementing this 
     title. Notwithstanding section 553 of title 5, United States 
     Code, the rule shall be effective, on an interim basis, 
     immediately upon publication, but may be subject to change 
     and revision after public notice and opportunity for comment. 
     The Secretary shall finalize such rule not later than 1 year 
     after the date of the enactment of this Act.
       (b) Fees.--
       (1) In general.--The Secretary may require an alien 
     applying for any benefit under this title to pay a reasonable 
     fee that is commensurate with the cost of processing the 
     application.
       (2) Fee waiver; installments.--
       (A) In general.--The Secretary shall establish procedures 
     to allow an alien to--
       (i) request a waiver of any fee that the Secretary may 
     assess under this title if the alien demonstrates to the 
     satisfaction of the Secretary that the alien is unable to pay 
     the prescribed fee; or
       (ii) pay any fee or penalty that the Secretary may assess 
     under this title in installments.
       (B) Clarification.--Nothing in this section shall be read 
     to prohibit an employer from paying any fee or penalty that 
     the Secretary may assess under this title on behalf of an 
     alien and the alien's spouse or children.

     SEC. 123. BACKGROUND CHECKS.

       (a) Submission of Biometric and Biographic Data.--The 
     Secretary may not grant or extend certified agricultural 
     worker or certified agricultural dependent status under 
     subtitle A, or grant adjustment of status to that of a lawful 
     permanent resident under subtitle B, unless the alien submits 
     biometric and biographic data, in accordance with procedures 
     established by the Secretary. The Secretary shall provide an 
     alternative procedure for aliens who cannot provide all 
     required biometric or biographic data because of a physical 
     impairment.
       (b) Background Checks.--The Secretary shall use biometric, 
     biographic, and other data that the Secretary determines 
     appropriate to conduct security and law enforcement 
     background checks and to determine whether there is any 
     criminal, national security, or other factor that would 
     render the alien ineligible for status under this title. An 
     alien may not be granted any such status under this title 
     unless security and law enforcement background checks are 
     completed to the satisfaction of the Secretary.

     SEC. 124. PROTECTION FOR CHILDREN.

       (a) In General.--Except as provided in subsection (b), for 
     purposes of eligibility for certified agricultural dependent 
     status or lawful permanent resident status under this title, 
     a determination of whether an alien is a child shall be made 
     using the age of the alien on the date on which the initial 
     application for certified agricultural worker status is filed 
     with the Secretary of Homeland Security.
       (b) Limitation.--Subsection (a) shall apply for no more 
     than 10 years after the date on which the initial application 
     for certified agricultural worker status is filed with the 
     Secretary of Homeland Security.

     SEC. 125. LIMITATION ON REMOVAL.

       (a) In General.--An alien who appears to be prima facie 
     eligible for status under this title shall be given a 
     reasonable opportunity to apply for such status. Such an 
     alien may not be placed in removal proceedings or removed 
     from the United States until a final administrative decision 
     establishing ineligibility for such status is rendered.
       (b) Aliens in Removal Proceedings.--Notwithstanding any 
     other provision of the law, the Attorney General shall (upon 
     motion by the Secretary with the consent of the alien, or 
     motion by the alien) terminate removal proceedings, without 
     prejudice, against an alien who appears to be prima facie 
     eligible for status under this title, and provide such alien 
     a reasonable opportunity to apply for such status.
       (c) Effect of Final Order.--An alien present in the United 
     States who has been ordered removed or has been permitted to 
     depart voluntarily from the United States may, 
     notwithstanding such order or permission to depart, apply for 
     status under this title. Such alien shall not be required to 
     file a separate motion to reopen, reconsider, or vacate the 
     order of removal. If the Secretary approves the application, 
     the Secretary shall notify the Attorney General of such 
     approval, and the Attorney General shall cancel the order of 
     removal. If the Secretary renders a final administrative 
     decision to deny the application, the order of removal or 
     permission to depart shall be effective and enforceable to 
     the same extent as if the application had not been made, only 
     after all available administrative and judicial remedies have 
     been exhausted.
       (d) Effect of Departure.--Section 101(g) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(g)) shall not apply to an 
     alien who departs the United States--
       (1) with advance permission to return to the United States 
     granted by the Secretary under this title; or
       (2) after having been granted certified agricultural worker 
     status or lawful permanent resident status under this title.

     SEC. 126. DOCUMENTATION OF AGRICULTURAL WORK HISTORY.

       (a) Burden of Proof.--An alien applying for certified 
     agricultural worker status under subtitle A or adjustment of 
     status under subtitle B has the burden of proving by a 
     preponderance of the evidence that the alien has worked the 
     requisite number of hours or days required under section 101, 
     103, or 111, as applicable. The Secretary shall establish 
     special procedures to properly credit work in cases in which 
     an alien was employed under an assumed name.
       (b) Evidence.--An alien may meet the burden of proof under 
     subsection (a) by producing sufficient evidence to show the 
     extent of such employment as a matter of just and reasonable 
     inference. Such evidence may include--

[[Page S9688]]

       (1) an annual record of certified agricultural worker 
     employment as described in section 105(a), or other 
     employment records from employers;
       (2) employment records maintained by collective bargaining 
     associations;
       (3) tax records or other government records;
       (4) sworn affidavits from individuals who have direct 
     knowledge of the alien's work history; or
       (5) any other documentation designated by the Secretary for 
     such purpose.
       (c) Exceptions for Extraordinary Circumstances.--
       (1) Impact of covid-19.--
       (A) In general.--The Secretary may grant certified 
     agricultural worker status to an alien who is otherwise 
     eligible for such status if such alien is able to only 
     partially satisfy the requirement under section 101(a)(1)(A) 
     as a result of reduced hours of employment or other 
     restrictions associated with the public health emergency 
     declared by the Secretary of Health and Human Services under 
     section 319 of the Public Health Service Act (42 U.S.C. 247d) 
     with respect to COVID-19.
       (B) Limitation.--The exception described in subparagraph 
     (A) shall apply only to agricultural labor or services 
     required to be performed during the period that--
       (i) begins on the first day of the public health emergency 
     described in subparagraph (A); and
       (ii) ends 90 days after the date on which such public 
     health emergency terminates.
       (2) Extraordinary circumstances.--In determining whether an 
     alien has met the requirement under section 103(a)(1)(A) or 
     111(a)(1)(A), the Secretary may credit the alien with not 
     more than 690 hours (or 120 work days) of agricultural labor 
     or services in the United States if the alien was unable to 
     perform the required agricultural labor or services due to--
       (A) pregnancy, parental leave, illness, disease, disabling 
     injury, or physical limitation of the alien;
       (B) injury, illness, disease, or other special needs of the 
     alien's child or spouse;
       (C) severe weather conditions that prevented the alien from 
     engaging in agricultural labor or services;
       (D) reduced hours of employment or other restrictions 
     associated with a public health emergency declared by the 
     Secretary of Health and Human Services under section 319 of 
     the Public Health Service Act (42 U.S.C. 247d); or
       (E) termination from agricultural employment, if the 
     Secretary determines that--
       (i) the termination was without just cause; and
       (ii) the alien was unable to find alternative agricultural 
     employment after a reasonable job search.
       (3) Effect of determination.--A determination under 
     paragraph (1)(E) shall not be conclusive, binding, or 
     admissible in a separate or subsequent judicial or 
     administrative action or proceeding between the alien and a 
     current or prior employer of the alien or any other party.
       (4) Hardship waiver.--
       (A) In general.--As part of the rulemaking described in 
     section 122(a), the Secretary shall establish procedures 
     allowing for a partial waiver of the requirement under 
     section 111(a)(1)(A) for a certified agricultural worker if 
     such worker--
       (i) has continuously maintained certified agricultural 
     worker status since the date such status was initially 
     granted;
       (ii) has partially completed the requirement under section 
     111(a)(1)(A); and
       (iii) is no longer able to engage in agricultural labor or 
     services safely and effectively because of--

       (I) a permanent disability suffered while engaging in 
     agricultural labor or services; or
       (II) deteriorating health or physical ability combined with 
     advanced age.

       (B) Disability.--In establishing the procedures described 
     in subparagraph (A), the Secretary shall consult with the 
     Secretary of Health and Human Services and the Commissioner 
     of Social Security to define ``permanent disability'' for 
     purposes of a waiver under subparagraph (A)(iii)(I).
       (d) Equines.--In determining whether an alien has met the 
     requirement under section 101(e), 103(a)(1)(A), or 
     111(a)(1)(A), the Secretary may credit the alien for 
     performing activities related to equines, including the 
     breeding, grooming, training, care, feeding, management, 
     competition, and racing of equines.

     SEC. 127. EMPLOYER PROTECTIONS.

       (a) Continuing Employment.--An employer that continues to 
     employ an alien knowing that the alien intends to apply for 
     certified agricultural worker status under subtitle A shall 
     not violate section 274A(a)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(a)(2)) by continuing to 
     employ the alien for the duration of the application period 
     described in section 101(c), and with respect to an alien who 
     applies for certified agricultural status, for the duration 
     of the period during which the alien's application is pending 
     final determination.
       (b) Use of Employment Records.--Copies of employment 
     records or other evidence of employment provided by an alien 
     or by an alien's employer in support of an alien's 
     application for certified agricultural worker or adjustment 
     of status under this title may not be used in a civil or 
     criminal prosecution or investigation of that employer under 
     section 274A of the Immigration and Nationality Act (8 U.S.C. 
     1324a) or the Internal Revenue Code of 1986 for the prior 
     unlawful employment of that alien regardless of the outcome 
     of such application.
       (c) Additional Protections.--Employers that provide 
     unauthorized aliens with copies of employment records or 
     other evidence of employment in support of an application for 
     certified agricultural worker status or adjustment of status 
     under this title shall not be subject to civil and criminal 
     liability pursuant to such section 274A for employing such 
     unauthorized aliens. Records or other evidence of employment 
     provided by employers in response to a request for such 
     records for the purpose of establishing eligibility for 
     status under this title may not be used for any purpose other 
     than establishing such eligibility.
       (d) Limitation on Protection.--The protections for 
     employers under this section shall not apply if the employer 
     provides employment records to the alien that are determined 
     to be fraudulent.

     SEC. 128. CORRECTION OF SOCIAL SECURITY RECORDS; CONFORMING 
                   AMENDMENTS.

       (a) In General.--Section 208(e)(1) of the Social Security 
     Act (42 U.S.C. 408(e)(1)) is amended--
       (1) in subparagraph (B)(ii), by striking ``or'' at the end;
       (2) in subparagraph (C), by inserting ``or'' at the end;
       (3) by inserting after subparagraph (C) the following:
       ``(D) who is granted certified agricultural worker status, 
     certified agricultural dependent status, or lawful permanent 
     resident status under title I of the Affordable and Secure 
     Food Act of 2022,''; and
       (4) in the undesignated matter following subparagraph (D), 
     as added by paragraph (3), by striking ``1990.'' and 
     inserting ``1990, or in the case of an alien described in 
     subparagraph (D), if such conduct is alleged to have occurred 
     before the date on which the alien was granted status under 
     title I of the Affordable and Secure Food Act of 2022.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the first day of the seventh month that 
     begins after the date of the enactment of this Act.
       (c) Conforming Amendments.--
       (1) Social security act.--Section 210(a)(1) of the Social 
     Security Act (42 U.S.C. 410(a)(1)) is amended by inserting 
     before the semicolon the following: ``(other than aliens 
     granted certified agricultural worker status or certified 
     agricultural dependent status under title I of the Affordable 
     and Secure Food Act of 2022''.
       (2) Internal revenue code of 1986.--Section 3121(b)(1) of 
     the Internal Revenue Code of 1986 is amended by inserting 
     before the semicolon the following: ``(other than aliens 
     granted certified agricultural worker status or certified 
     agricultural dependent status under title I of the Affordable 
     and Secure Food Act of 2022''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply with respect to service performed after the date 
     of the enactment of this Act.
       (d) Automated System To Assign Social Security Account 
     Numbers.--Section 205(c)(2)(B) of the Social Security Act (42 
     U.S.C. 405(c)(2)(B)) is amended by adding at the end the 
     following:
       ``(iv) The Commissioner of Social Security shall, to the 
     extent practicable, coordinate with the Secretary of the 
     Department of Homeland Security to implement an automated 
     system for the Commissioner to assign social security account 
     numbers to aliens granted certified agricultural worker 
     status or certified agricultural dependent status under title 
     I of the Affordable and Secure Food Act of 2022. An alien who 
     is granted such status, and who was not previously assigned a 
     social security account number, shall request assignment of a 
     social security account number and a social security card 
     from the Commissioner through such system. The Secretary 
     shall collect and provide to the Commissioner such 
     information as the Commissioner deems necessary for the 
     Commissioner to assign a social security account number, 
     which information may be used by the Commissioner for any 
     purpose for which the Commissioner is otherwise authorized 
     under Federal law. The Commissioner may maintain, use, and 
     disclose such information only as permitted by the Privacy 
     Act and other Federal law.''.

     SEC. 129. DISCLOSURES AND PRIVACY.

       (a) In General.--The Secretary may not disclose or use 
     information provided in an application for certified 
     agricultural worker status or adjustment of status under this 
     title (including information provided during administrative 
     or judicial review) for the purpose of immigration 
     enforcement.
       (b) Referrals Prohibited.--The Secretary, based solely on 
     information provided in an application for certified 
     agricultural worker status or adjustment of status under this 
     title (including information provided during administrative 
     or judicial review), may not refer an applicant to U.S. 
     Immigration and Customs Enforcement, U.S. Customs and Border 
     Protection, or any designee of either such entity.
       (c) Exceptions.--Notwithstanding subsections (a) and (b), 
     information provided in an application for certified 
     agricultural worker status or adjustment of status under this 
     title may be shared with Federal security and law enforcement 
     agencies--

[[Page S9689]]

       (1) for assistance in the consideration of an application 
     under this title;
       (2) to identify or prevent fraudulent claims or schemes;
       (3) for national security purposes; or
       (4) for the investigation or prosecution of any felony not 
     related to immigration status.
       (d) Penalty.--Any person who knowingly uses, publishes, or 
     permits information to be examined in violation of this 
     section shall be fined not more than $10,000.
       (e) Privacy.--The Secretary shall ensure that appropriate 
     administrative and physical safeguards are in place to 
     protect the security, confidentiality, and integrity of 
     personally identifiable information collected, maintained, 
     and disseminated pursuant to this title.

     SEC. 130. PENALTIES FOR FALSE STATEMENTS IN APPLICATIONS.

       (a) Criminal Penalty.--Any person who--
       (1) files an application for certified agricultural worker 
     status or adjustment of status under this title and knowingly 
     falsifies, conceals, or covers up a material fact or makes 
     any false, fictitious, or fraudulent statements or 
     representations, or makes or uses any false writing or 
     document knowing the same to contain any false, fictitious, 
     or fraudulent statement or entry; or
       (2) creates or supplies a false writing or document for use 
     in making such an application,
     shall be fined in accordance with title 18, United States 
     Code, imprisoned not more than 5 years, or both.
       (b) Inadmissibility.--An alien who is convicted under 
     subsection (a) shall be deemed inadmissible to the United 
     States under section 212(a)(6)(C)(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)).
       (c) Deposit.--Fines collected under subsection (a) shall be 
     deposited into the Immigration Examinations Fee Account 
     pursuant to section 286(m) of the Immigration and Nationality 
     Act (8 U.S.C. 1356(m)).

     SEC. 131. DISSEMINATION OF INFORMATION.

       (a) In General.--Beginning not later than the first day of 
     the application period described in section 101(c)--
       (1) the Secretary of Homeland Security, in cooperation with 
     qualified designated entities, shall broadly disseminate 
     information described in subsection (b); and
       (2) the Secretary of Agriculture, in consultation with the 
     Secretary of Homeland Security and the Secretary of Labor, 
     shall disseminate to agricultural employers a document 
     containing the information described in subsection (b) for 
     posting at employer worksites.
       (b) Information Described.--The information described in 
     this subsection shall include--
       (1) the benefits that aliens may receive under this title; 
     and
       (2) the requirements that an alien must meet to receive 
     such benefits.

     SEC. 132. EXEMPTION FROM NUMERICAL LIMITATIONS.

        The numerical limitations under title II of the 
     Immigration and Nationality Act (8 U.S.C. 1151 et seq.) shall 
     not apply to the adjustment of aliens to lawful permanent 
     resident status under this title, and such aliens shall not 
     be counted toward any such numerical limitation.

     SEC. 133. REPORTS TO CONGRESS.

       Not later than 180 days after the publication of the final 
     rule under section 122(a), and annually thereafter for the 
     following 10 years, the Secretary shall submit a report to 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives 
     that identifies, for the previous fiscal year--
       (1) the number of principal aliens who applied for 
     certified agricultural worker status under subtitle A, and 
     the number of dependent spouses and children included in such 
     applications;
       (2) the number of principal aliens who were granted 
     certified agricultural worker status under subtitle A, and 
     the number of dependent spouses and children who were granted 
     certified agricultural dependent status;
       (3) the number of principal aliens who applied for an 
     extension of their certified agricultural worker status under 
     subtitle A, and the number of dependent spouses and children 
     included in such applications;
       (4) the number of principal aliens who were granted an 
     extension of certified agricultural worker status under 
     subtitle A, and the number of dependent spouses and children 
     who were granted certified agricultural dependent status 
     under such an extension;
       (5) the number of principal aliens who applied for 
     adjustment of status under subtitle B, and the number of 
     dependent spouses and children included in such applications;
       (6) the number of principal aliens who were granted lawful 
     permanent resident status under subtitle B, and the number of 
     spouses and children who were granted such status as 
     dependents;
       (7) the number of principal aliens included in petitions 
     described in section 101(e), and the number of dependent 
     spouses and children included in such applications; and
       (8) the number of principal aliens who were granted H-2A 
     status pursuant to petitions described in section 101(e), and 
     the number of dependent spouses and children who were granted 
     H-4 status.

     SEC. 134. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.

       (a) Establishment.--The Secretary shall establish a program 
     to award grants, on a competitive basis, to eligible 
     nonprofit organizations to assist eligible applicants under 
     this title by providing them with the services described in 
     subsection (c).
       (b) Eligible Nonprofit Organization.--In this section, the 
     term ``eligible nonprofit organization'' means an 
     organization described in section 501(c)(3) of the Internal 
     Revenue Code of 1986 (excluding a recipient of funds under 
     title X of the Economic Opportunity Act of 1964 (42 U.S.C. 
     2996 et seq.)) that has demonstrated qualifications, 
     experience, and expertise in providing quality services to 
     farm workers or aliens.
       (c) Use of Funds.--Grant funds awarded under this section 
     may be used for the design and implementation of programs 
     that provide--
       (1) information to the public regarding the eligibility and 
     benefits of certified agricultural worker status authorized 
     under this title; and
       (2) assistance, within the scope of authorized practice of 
     immigration law, to individuals submitting applications for 
     certified agricultural worker status or adjustment of status 
     under this title, including--
       (A) screening prospective applicants to assess their 
     eligibility for such status;
       (B) completing applications, including providing assistance 
     in obtaining necessary documents and supporting evidence; and
       (C) providing any other assistance that the Secretary 
     determines useful to assist aliens in applying for certified 
     agricultural worker status or adjustment of status under this 
     title.
       (d) Source of Funds.--In addition to any funds appropriated 
     to carry out this section, the Secretary shall use up to 
     $10,000,000 from the Immigration Examinations Fee Account 
     under section 286(m) of the Immigration and Nationality Act 
     (8 U.S.C. 1356(m)) to carry out this section.
       (e) Eligibility for Services.--Section 504(a)(11) of Public 
     Law 104-134 (110 Stat. 1321-53 et seq.) shall not be 
     construed to prevent a recipient of funds under title X of 
     the Economic Opportunity Act of 1964 (42 U.S.C. 2996 et seq.) 
     from providing legal assistance directly related to an 
     application for status under this title or to an alien 
     granted such status.

     SEC. 135. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to the Secretary, 
     such sums as may be necessary to implement this title, 
     including any amounts needed for costs associated with the 
     initiation of such implementation, for each of fiscal years 
     2023 through 2025.

      TITLE II--ENSURING AN AGRICULTURAL WORKFORCE FOR THE FUTURE

        Subtitle A--Reforming the H-2A Temporary Worker Program

     SEC. 201. COMPREHENSIVE AND STREAMLINED ELECTRONIC H-2A 
                   PLATFORM.

       (a) Streamlined H-2A Platform.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Homeland 
     Security, in consultation with the Secretary of Labor, the 
     Secretary of Agriculture, the Secretary of State, and United 
     States Digital Service, shall ensure the establishment of an 
     electronic platform through which a petition for an H-2A 
     worker may be filed. Such platform shall--
       (A) serve as a single point of access for an employer to 
     input all information and supporting documentation required 
     for obtaining labor certification from the Secretary of Labor 
     and the adjudication of the H-2A petition by the Secretary of 
     Homeland Security;
       (B) serve as a single point of access for the Secretary of 
     Homeland Security, the Secretary of Labor, and State 
     workforce agencies to concurrently perform their respective 
     review and adjudicatory responsibilities in the H-2A process;
       (C) facilitate communication between employers and agency 
     adjudicators, including by allowing employers to--
       (i) receive and respond to notices of deficiency and 
     requests for information;
       (ii) submit requests for inspections and licensing;
       (iii) receive notices of approval and denial; and
       (iv) request reconsideration or appeal of agency decisions; 
     and
       (D) provide information to the Secretary of State and U.S. 
     Customs and Border Protection necessary for the efficient and 
     secure processing of H-2A visas and applications for 
     admission.
       (2) Objectives.--In developing the platform described in 
     paragraph (1), the Secretary of Homeland Security, in 
     consultation with the Secretary of Labor, the Secretary of 
     Agriculture, the Secretary of State, and United States 
     Digital Service, shall streamline and improve the H-2A 
     process, including by--
       (A) eliminating the need for employers to submit duplicate 
     information and documentation to multiple agencies;
       (B) eliminating redundant processes, where a single matter 
     in a petition is adjudicated by more than one agency;
       (C) reducing the occurrence of common petition errors, and 
     otherwise improving and expediting the processing of H-2A 
     petitions; and
       (D) ensuring compliance with H-2A program requirements and 
     the protection of the wages and working conditions of 
     workers.
       (3) Reports to congress.--Not later than 6 months after the 
     date of the enactment of this Act, and every 3 months 
     thereafter until the H-2A worker electronic platform is 
     established pursuant to paragraph (1), the Secretary of 
     Homeland Security shall submit a report to the Committee on 
     the Judiciary of

[[Page S9690]]

     the Senate and the Committee on the Judiciary of the House of 
     Representatives that outlines the status of the electronic 
     platform development.
       (b) Online Job Registry.--The Secretary of Labor shall 
     maintain a national, publicly-accessible online job registry 
     and database of all job orders submitted by H-2A employers. 
     The registry and database shall--
       (1) be searchable using relevant criteria, including the 
     types of jobs needed to be filled, the date(s) and 
     location(s) of need, and the employer(s) named in the job 
     order;
       (2) provide an interface for workers in English, Spanish, 
     and any other language that the Secretary of Labor determines 
     to be appropriate; and
       (3) provide for public access of job orders approved under 
     section 218(h)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1188(h)(2)).

     SEC. 202. H-2A PROGRAM REQUIREMENTS.

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

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

       ``(a) Labor Certification Conditions.--The Secretary of 
     Homeland Security may not approve a petition to admit an H-2A 
     worker unless the Secretary of Labor has certified that--
       ``(1) there are not sufficient United States workers who 
     are able, willing and qualified, and who will be available at 
     the time and place needed, to perform the agricultural labor 
     or services described in the petition; and
       ``(2) the employment of the H-2A worker in such labor or 
     services will not adversely affect the wages and working 
     conditions of workers in the United States who are similarly 
     employed.
       ``(b) H-2A Petition Requirements.--An employer filing a 
     petition for an H-2A worker to perform agricultural labor or 
     services shall attest to and demonstrate compliance, as and 
     when appropriate, with all applicable requirements under this 
     section, including the following:
       ``(1) Need for labor or services.--The employer has 
     described the need for agricultural labor or services in a 
     job order that includes a description of the nature and 
     location of the work to be performed, the material terms and 
     conditions of employment, the anticipated period or periods 
     (expected start and end dates) for which the workers will be 
     needed, the number of job opportunities in which the employer 
     seeks to employ the workers, and any other requirement for a 
     job order.
       ``(2) Nondisplacement of united states workers.--The 
     employer has not and will not displace United States workers 
     employed by the employer during the period of employment of 
     the H-2A worker and during the 60-day period immediately 
     preceding such period of employment in the job for which the 
     employer seeks approval to employ the H-2A worker.
       ``(3) Strike or lockout.--Each place of employment 
     described in the petition is not, at the time of filing the 
     petition and until the petition is approved, subject to a 
     strike or lockout in the course of a labor dispute.
       ``(4) Recruitment of united states workers.--The employer 
     shall engage in the recruitment of United States workers as 
     described in subsection (c) and shall hire such workers who 
     are able, willing and qualified, and who will be available at 
     the time and place needed, to perform the agricultural labor 
     or services described in the petition. The employer may 
     reject a United States worker only for lawful, job-related 
     reasons.
       ``(5) Wages, benefits, and working conditions.--The 
     employer shall offer and provide, at a minimum, the wages, 
     benefits, and working conditions required by this section to 
     the H-2A worker and all workers who are similarly employed. 
     The employer--
       ``(A) shall offer such similarly employed workers not less 
     than the same benefits, wages, and working conditions that 
     the employer is offering or will provide to the H-2A worker; 
     and
       ``(B) may not impose on such similarly employed workers any 
     restrictions or obligations that will not be imposed on the 
     H-2A worker.
       ``(6) Workers' compensation.--If the job opportunity is not 
     covered by or is exempt from the State workers' compensation 
     law, the employer shall 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.
       ``(7) Compliance with applicable laws.--The employer shall 
     comply with all applicable Federal, State and local laws and 
     regulations.
       ``(8) Compliance with worker protections.--The employer 
     shall comply with section 204 of the Affordable and Secure 
     Food Act of 2022.
       ``(9) Compliance with foreign labor recruitment laws.--The 
     employer shall comply with subtitle C of title II of the 
     Affordable and Secure Food Act of 2022.
       ``(c) Recruiting Requirements.--
       ``(1) In general.--The employer may satisfy the recruitment 
     requirement described in subsection (b)(4) by satisfying all 
     of the following:
       ``(A) Job order.--As provided in subsection (h)(1), the 
     employer shall complete a job order for posting on the 
     electronic job registry maintained by the Secretary of Labor 
     and for distribution by the appropriate State workforce 
     agency. Such posting shall remain on the job registry as an 
     active job order through the period described in paragraph 
     (2)(B).
       ``(B) Former workers.--At least 45 days before each start 
     date identified in the petition, the employer shall--
       ``(i) make reasonable efforts to contact any United States 
     worker who the employer or agricultural producer for whom the 
     employer is supplying labor employed in the previous year in 
     the same occupation and area of intended employment for which 
     an H-2A worker is sought (excluding workers who were 
     terminated for cause or abandoned the worksite); and
       ``(ii) post such job opportunity in a conspicuous location 
     or locations at the place of employment.
       ``(C) Positive recruitment.--During the period of 
     recruitment, the employer shall complete any other positive 
     recruitment steps within a multi-State region of traditional 
     or expected labor supply where the Secretary of Labor finds 
     that there are a significant number of qualified United 
     States workers who, if recruited, would be willing to make 
     themselves available for work at the time and place needed.
       ``(2) Period of recruitment.--
       ``(A) In general.--For purposes of this subsection, the 
     period of recruitment begins on the date on which the job 
     order is posted on the online job registry and ends on the 
     date that H-2A workers depart for the employer's place of 
     employment. For a petition involving more than one start date 
     under subsection (h)(1)(C), the end of the period of 
     recruitment shall be determined by the date of departure of 
     the H-2A workers for the final start date identified in the 
     petition.
       ``(B) Requirement to hire us workers.--
       ``(i) In general.--Notwithstanding the limitations of 
     subparagraph (A), the employer will provide employment to any 
     qualified United States worker who applies to the employer 
     for any job opportunity included in the petition until the 
     later of--

       ``(I) the date that is 30 days after the date on which work 
     begins; or
       ``(II) the date on which--

       ``(aa) 33 percent of the work contract for the job 
     opportunity has elapsed; or
       ``(bb) if the employer is a labor contractor, 50 percent of 
     the work contract for the job opportunity has elapsed.
       ``(ii) Staggered entry.--For a petition involving more than 
     one start date under subsection (h)(1)(C), each start date 
     designated in the petition shall establish a separate job 
     opportunity. An employer may not reject a United States 
     worker because the worker is unable or unwilling to fill more 
     than one job opportunity included in the petition.
       ``(iii) Exception.--Notwithstanding clause (i), the 
     employer may offer a job opportunity to an H-2A worker 
     instead of an alien granted certified agricultural worker 
     status under title I of the Affordable and Secure Food Act of 
     2022 if the H-2A worker was employed by the employer in each 
     of 3 years during the 4-year period immediately preceding the 
     date of the enactment of such Act.
       ``(3) Recruitment report.--
       ``(A) In general.--The employer shall maintain a 
     recruitment report through the applicable period described in 
     paragraph (2)(B) and submit regular updates through the 
     electronic platform on the results of recruitment. The 
     employer shall retain the recruitment report, and all 
     associated recruitment documentation, for a period of 3 years 
     from the date of certification.
       ``(B) Burden of proof.--If the employer asserts that any 
     eligible individual who has applied or been referred is not 
     able, willing or qualified, the employer bears the burden of 
     proof to establish that the individual is not able, willing 
     or qualified because of a lawful, employment-related reason.
       ``(d) Wage Requirements.--
       ``(1) In general.--Each employer under this section will 
     offer the worker, during the period of authorized employment, 
     wages that are at least the greatest of--
       ``(A) the agreed-upon collective bargaining wage;
       ``(B) the adverse effect wage rate (or any successor wage 
     established under paragraph (7));
       ``(C) the prevailing wage (hourly wage or piece rate); or
       ``(D) the Federal or State minimum wage.
       ``(2) Adverse effect wage rate determinations.--
       ``(A) In general.--Except as provided under subparagraph 
     (B), the applicable adverse effect wage rate for each State 
     and classification for a calendar year shall be the annual 
     average hourly gross wage for all hired agricultural workers 
     in the State, as reported by the Secretary of Agriculture and 
     the Secretary of Labor based on a wage survey conducted by 
     such secretaries under subparagraph (C). If such wage is not 
     reported, the applicable wage shall be the State or regional 
     annual gross average hourly wage for all hired agricultural 
     workers based on the Agricultural Labor Wage survey conducted 
     pursuant to subparagraph (C).
       ``(B) Limitations on wage fluctuations.--
       ``(i) Wage freeze for calendar year 2023.--For calendar 
     year 2023, the adverse effect wage rate for each State 
     classification under this subsection shall be the adverse 
     effect wage rate that was in effect for H-2A workers in the 
     applicable State on the date of the enactment of the 
     Affordable and Secure Food Act of 2022.
       ``(ii) Calendar years 2024 through 2034.--For each of 
     calendar years 2024 through 2034, the adverse effect wage 
     rate for each State

[[Page S9691]]

     classification under this subsection shall be the wage 
     calculated under subparagraph (A), except that such wage may 
     not--

       ``(I) be more than 1.25 percent lower than the wage in 
     effect for H-2A workers in the applicable State 
     classification in the immediately preceding calendar year;
       ``(II) except as provided in clause (III), be more than 3 
     percent higher than the wage in effect for H-2A workers in 
     the applicable State classification in the immediately 
     preceding calendar year; and
       ``(III) if the application of clause (II) results in a wage 
     that is lower than 110 percent of the applicable Federal or 
     State minimum wage, be more than 4 percent higher than the 
     wage in effect for H-2A workers in the applicable State 
     classification in the immediately preceding calendar year.

       ``(iii) Calendar years after 2034.--For any calendar year 
     after 2034, the applicable wage rate described in paragraph 
     (1)(B) shall be the wage rate established pursuant to 
     paragraph (7)(D). Until such wage rate is effective, the 
     adverse effect wage rate for each State classification under 
     this subsection shall be the wage calculated under 
     subparagraph (A), except that such wage may not be more than 
     0.5 percent lower or 3 percent higher than the wage in effect 
     for H-2A workers in the applicable State classification in 
     the immediately preceding calendar year.
       ``(C) Wage surveys and data.--
       ``(i) Agricultural labor survey.--The Secretary of Labor, 
     in carrying out the responsibilities in setting the adverse 
     effect wage rate under subparagraph (A), shall rely on 
     statistically valid data from the Department of Agriculture 
     National Agricultural Statistics Service's annual findings 
     from the Agricultural Labor Survey (commonly referred to as 
     the `Farm Labor Survey').
       ``(ii) Form; data.--The Secretary of Agriculture shall 
     conduct the Agricultural Labor Survey in the form of a 
     quarterly survey of the number of hired agricultural workers, 
     the number of hours worked, and the total gross wages paid by 
     type of worker, including field workers, livestock workers, 
     and supervisors or managers, disaggregated by occupational 
     groups and other workers (who may be classified by the 
     Standard Occupational Classification system).
       ``(iii) Authorization of appropriations.--There is 
     authorized to be appropriated to the Secretary of Agriculture 
     and the Secretary of Labor, such sums as may be necessary for 
     the purposes of carrying out this subsection.
       ``(3) Publication; wages in effect.--
       ``(A) Publication.--Before the first day of each calendar 
     year, the Secretary of Labor shall publish the applicable 
     adverse effect wage rate (or successor wage rate, if any), 
     and prevailing wage, if available, for each State and 
     occupational classification through notice in the Federal 
     Register.
       ``(B) Job orders in effect.--Except as provided in 
     subparagraph (C), publication by the Secretary of Labor of an 
     updated adverse effect wage rate or prevailing wage for a 
     State and occupational classification shall not affect the 
     wage rate guaranteed in any approved job order for which work 
     has commenced at the time of publication.
       ``(C) Exception for year-round jobs.--If the Secretary of 
     Labor publishes an updated adverse effect wage rate or 
     prevailing wage for a State and occupational classification 
     concerning a petition described in subsection (i), and the 
     updated wage is higher than the wage rate guaranteed in the 
     work contract, the employer shall pay the updated wage not 
     later than 14 days after publication of the updated wage in 
     the Federal Register.
       ``(4) Productivity standard requirements.--If an employer 
     requires 1 or more minimum productivity standards as a 
     condition of job retention, such standards shall be specified 
     in the job order and shall be no more than those normally 
     required (at the time of the first petition for H-2A workers) 
     by other employers for the activity in the area of intended 
     employment, unless the Secretary of Labor approves a higher 
     minimum standard resulting from material changes in 
     production methods.
       ``(5) Guarantee of employment.--
       ``(A) Offer to worker.--The employer shall guarantee the 
     worker employment for the hourly equivalent of at least 80 
     percent of the work days of the total period of employment, 
     beginning with the first work day after the arrival of the 
     worker at the place of employment and ending on the date 
     specified in the job offer. For purposes of this 
     subparagraph, the hourly equivalent means the number of hours 
     in the work days as stated in the job offer and shall exclude 
     the worker's Sabbath and Federal holidays. If the employer 
     affords the worker less employment than that required under 
     this paragraph, the employer shall pay the worker the amount 
     which the worker would have earned had the worker, in fact, 
     worked for the guaranteed number of hours.
       ``(B) Failure to work.--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) Abandonment of employment; termination for cause.--If 
     the worker voluntarily abandons employment without good cause 
     before the end of the contract period, or is terminated for 
     cause, the worker is not entitled to the guarantee of 
     employment described in subparagraph (A).
       ``(D) Contract impossibility.--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 before the guarantee in subparagraph (A) is 
     fulfilled, the employer may terminate the worker's 
     employment. In the event of such termination, the employer 
     shall fulfill the employment guarantee in subparagraph (A) 
     for the work days that have elapsed from the first work day 
     after the arrival of the worker to the termination of 
     employment. The employer shall make efforts to transfer a 
     worker to other comparable employment acceptable to the 
     worker. If such transfer is not affected, the employer shall 
     provide the return transportation required in subsection 
     (f)(2).
       ``(6) Wage standards after 2034.--
       ``(A) Study of adverse effect wage rate.--Beginning in 
     fiscal year 2031, the Secretary of Agriculture and the 
     Secretary of Labor shall jointly conduct a study that 
     addresses--
       ``(i) whether the employment of H-2A workers has depressed 
     the wages of United States farm workers;
       ``(ii) whether an adverse effect wage rate is necessary to 
     protect the wages of United States farm workers in 
     occupations in which H-2A workers are employed;
       ``(iii) whether alternative wage standards would be 
     sufficient to prevent wages in occupations in which H-2A 
     workers are employed from falling below the wage level that 
     would have prevailed in the absence of H-2A employment;
       ``(iv) whether any changes are warranted in the current 
     methodologies for calculating the adverse effect wage rate 
     and the prevailing wage rate; and
       ``(v) recommendations for future wage protection under this 
     section.
       ``(B) Final report.--Not later than October 1, 2032, the 
     Secretary of Agriculture and the Secretary of Labor shall 
     jointly prepare and submit a report to Congress setting forth 
     the findings of the study conducted under subparagraph (A) 
     and recommendations for future wage protections under this 
     section.
       ``(C) Consultation.--In conducting the study under 
     subparagraph (A) and preparing the report under subparagraph 
     (B), the Secretary of Agriculture and the Secretary of Labor 
     shall consult with representatives of agricultural employers 
     and an equal number of representatives of agricultural 
     workers, at the national, State and local level.
       ``(D) Wage determination after 2034.--Upon publication of 
     the report described in subparagraph (B), the Secretary of 
     Labor, in consultation with the Secretary of Agriculture, 
     shall make a rule to establish a process for annually 
     determining the wage rate for purposes of paragraph (1)(B) 
     for fiscal years after 2034. Such process shall be designed 
     to ensure that the employment of H-2A workers does not 
     undermine the wages and working conditions of similarly 
     employed United States workers.
       ``(e) Housing Requirements.--Employers shall furnish 
     housing in accordance with regulations established by the 
     Secretary of Labor. Such regulations shall be consistent with 
     the following:
       ``(1) In general.--The employer shall be permitted at the 
     employer's option to provide housing meeting applicable 
     Federal standards for temporary labor camps or to secure 
     housing which meets the local standards for rental and/or 
     public accommodations or other substantially similar class of 
     habitation: Provided, That in the absence of applicable local 
     standards, State standards for rental and/or public 
     accommodations or other substantially similar class of 
     habitation shall be met: Provided further, That in the 
     absence of applicable local or State standards, Federal 
     temporary labor camp standards shall apply.
       ``(2) Family housing.--Except as otherwise provided in 
     subsection (i)(5), the employer shall provide family housing 
     to workers with families who request it when it is the 
     prevailing practice in the area and occupation of intended 
     employment to provide family housing.
       ``(3) United states workers.--Notwithstanding paragraphs 
     (1) and (2), an employer is not required to provide housing 
     to United States workers who are reasonably able to return to 
     their residence within the same day.
       ``(4) Timing of inspection.--
       ``(A) In general.--The Secretary of Labor or designee shall 
     make a determination as to whether the housing furnished by 
     an employer for a worker meets the requirements imposed by 
     this subsection prior to the date on which the Secretary of 
     Labor is required to make a certification with respect to a 
     petition for the admission of such worker.
       ``(B) Timely inspection.--The Secretary of Labor shall 
     provide a process for--
       ``(i) an employer to request inspection of housing up to 60 
     days before the date on which the employer will file a 
     petition under this section; and
       ``(ii) annual inspection of housing for workers who are 
     engaged in agricultural employment that is not of a seasonal 
     or temporary nature.
       ``(f) Transportation Requirements.--
       ``(1) Travel to place of employment.--A worker who 
     completes 50 percent of the period of employment specified in 
     the job order

[[Page S9692]]

     shall be reimbursed by the employer for the cost of the 
     worker's transportation and subsistence from the place from 
     which the worker came to work for the employer (or place of 
     last employment, if the worker traveled from such place) to 
     the place of employment.
       ``(2) Travel from place of employment.--For a worker who 
     completes the period of employment specified in the job order 
     or who is terminated without cause, the employer shall 
     provide or pay for the worker's transportation and 
     subsistence from the place of employment to the place from 
     which the worker, disregarding intervening employment, came 
     to work for the employer, or to the place of next employment, 
     if the worker has contracted with a subsequent employer who 
     has not agreed to provide or pay for the worker's 
     transportation and subsistence to such subsequent employer's 
     place of employment.
       ``(3) Transportation between living quarters and place of 
     employment.--The employer shall provide transportation for a 
     worker between housing provided or secured by the employer 
     and the employer's place of employment at no cost to the 
     worker.
       ``(4) Limitation.--
       ``(A) Amount of reimbursement.--Except as provided in 
     subparagraph (B), the amount of reimbursement provided under 
     paragraph (1) or (2) to a worker need not exceed the lesser 
     of--
       ``(i) the actual cost to the worker of the transportation 
     and subsistence involved; or
       ``(ii) the most economical and reasonable common carrier 
     transportation charges and subsistence costs for the distance 
     involved.
       ``(B) Distance traveled.--For travel to or from the 
     worker's home country, if the travel distance between the 
     worker's home and the relevant consulate is 50 miles or less, 
     reimbursement for transportation and subsistence may be based 
     on transportation to or from the consulate.
       ``(g) Heat Illness Prevention Plan.--
       ``(1) In general.--The employer shall maintain a reasonable 
     plan that describes the employer's procedures for the 
     prevention of heat illness, including appropriate training, 
     access to water and shade, the provision of breaks, and the 
     protocols for emergency response. Such plan shall--
       ``(A) be in writing in English and, to the extent 
     necessary, any language common to a significant portion of 
     the workers if they are not fluent in English; and
       ``(B) be posted at a conspicuous location at the worksite 
     and provided to employees prior to the commencement of labor 
     or services.
       ``(2) Clarification.--Nothing in this subsection is 
     intended to limit any other Federal or State authority to 
     promulgate, enforce, or maintain health and safety standards 
     related to heat-related illness.
       ``(3) Template.--Not later than 1 year after the date of 
     the enactment of the Affordable and Secure Food Act of 2022, 
     the Secretary of Labor, acting through the Assistant 
     Secretary of Labor for Occupational Safety and Health, shall 
     publish, on the website of the Occupational Safety and Health 
     Administration, a template for a Heat Illness Prevention 
     Plan, which employers could use, at their discretion, to help 
     them develop such a plan.
       ``(h) H-2A Petition Procedures.--
       ``(1) Submission of petition and job order.--
       ``(A) In general.--The employer shall submit information 
     required for the adjudication of the H-2A petition, including 
     a job order, through the electronic platform no more than 75 
     calendar days and no fewer than 60 calendar days before the 
     employer's first date of need specified in the petition.
       ``(B) Filing by agricultural associations.--An association 
     of agricultural producers that use agricultural services may 
     file an H-2A petition under subparagraph (A). If an 
     association is a joint or sole employer of workers, including 
     agricultural cooperatives, who perform agricultural labor or 
     services, H-2A workers may be used for the approved job 
     opportunities of any of the association's producer members 
     and such workers may be transferred among its producer 
     members to perform the agricultural labor or services for 
     which the petition was approved.
       ``(C) Petitions involving staggered entry.--
       ``(i) In general.--Except as provided in clause (ii), an 
     employer may file a petition involving employment in the same 
     occupational classification and same area of intended 
     employment with multiple start dates if--

       ``(I) the petition involves temporary or seasonal 
     employment and no more than 10 start dates;
       ``(II) the multiple start dates share a common end date;
       ``(III) no more than 120 days separate the first start date 
     and the final start date listed in the petition; and
       ``(IV) the need for multiple start dates arises from 
     variations in labor needs associated with the job opportunity 
     identified in the petition.

       ``(ii) Labor contractors.--A labor contractor may not file 
     a petition described in clause (i).
       ``(2) Labor certification.--
       ``(A) Review of job order.--
       ``(i) In general.--The Secretary of Labor, in consultation 
     with the relevant State workforce agency, shall review the 
     job order for compliance with this section and notify the 
     employer through the electronic platform of any deficiencies 
     not later than 7 business days from the date the employer 
     submits the necessary information required under paragraph 
     (1)(A). The employer shall be provided 5 business days to 
     respond to any such notice of deficiency.
       ``(ii) Standard.--The job order must include all material 
     terms and conditions of employment, including the 
     requirements of this section, and must be otherwise 
     consistent with the minimum standards provided under Federal, 
     State or local law. In considering the question of whether a 
     specific qualification is appropriate in a job order, the 
     Secretary of Labor shall apply the normal and accepted 
     qualification required by non-H-2A employers in the same or 
     comparable occupations and crops.
       ``(iii) Emergency procedures.--The Secretary of Labor shall 
     establish emergency procedures for the curing of deficiencies 
     that cannot be resolved during the period described in clause 
     (i).
       ``(B) Approval of job order.--
       ``(i) In general.--Upon approval of the job order, the 
     Secretary of Labor shall immediately place for public 
     examination a copy of the job order on the online job 
     registry, and the State workforce agency serving the area of 
     intended employment shall commence the recruitment of United 
     States workers.
       ``(ii) Referral of united states workers.--The Secretary of 
     Labor and State workforce agency shall keep the job order 
     active until the end of the period described in subsection 
     (c)(2) and shall refer to the employer each United States 
     worker who applies for the job opportunity.
       ``(C) Review of information for deficiencies.--Not later 
     than 7 business days after the approval of the job order, the 
     Secretary of Labor shall review the information necessary to 
     make a labor certification and notify the employer through 
     the electronic platform if such information does not meet the 
     standards for approval. Such notification shall include a 
     description of any deficiency, and the employer shall be 
     provided 5 business days to cure such deficiency.
       ``(D) Certification and authorization of workers.--Not 
     later than 30 days before the date that labor or services are 
     first required to be performed, the Secretary of Labor shall 
     issue the requested labor certification if the Secretary 
     determines that the requirements set forth in this section 
     have been met.
       ``(E) Expedited administrative appeals of certain 
     determinations.--The Secretary of Labor shall by regulation 
     establish a procedure for an employer to request the 
     expedited review of a denial of a labor certification under 
     this section, or the revocation of such a certification. Such 
     procedure shall require the Secretary to expeditiously, but 
     no later than 72 hours after expedited review is requested, 
     issue a de novo determination on a labor certification that 
     was denied in whole or in part because of the availability of 
     able, willing and qualified workers if the employer 
     demonstrates, consistent with subsection (c)(3)(B), that such 
     workers are not actually available at the time or place such 
     labor or services are required.
       ``(3) Petition decision.--
       ``(A) In general.--Not later than 7 business days after the 
     Secretary of Labor issues the certification, the Secretary of 
     Homeland Security shall issue a decision on the petition and 
     shall transmit a notice of action to the petitioner via the 
     electronic platform.
       ``(B) Approval.--Upon approval of a petition under this 
     section, the Secretary of Homeland Security shall ensure that 
     such approval is noted in the electronic platform and is 
     available to the Secretary of State and U.S. Customs and 
     Border Protection, as necessary, to facilitate visa issuance 
     and admission.
       ``(C) Partial approval.--A petition for multiple named 
     beneficiaries may be partially approved with respect to 
     eligible beneficiaries notwithstanding the ineligibility, or 
     potential ineligibility, of one or more other beneficiaries.
       ``(D) Post-certification amendments.--The Secretary of 
     Labor shall provide a process for amending a request for 
     labor certification in conjunction with an H-2A petition, 
     subsequent to certification by the Secretary of Labor, in 
     cases in which the requested amendment does not materially 
     change the petition (including the job order).
       ``(4) Roles of agricultural associations.--
       ``(A) Member's violation does not necessarily disqualify 
     association or other members.--If an individual producer 
     member of a joint employer association is determined to have 
     committed an act that results in the denial of a petition 
     with respect to the member, the denial shall apply only to 
     that member of the association unless the Secretary of Labor 
     determines that the association or other member participated 
     in, had knowledge of, or reason to know of, the violation.
       ``(B) Association's violation does not necessarily 
     disqualify members.--
       ``(i) If an association representing agricultural producers 
     as a joint employer is determined to have committed an act 
     that results in the denial of a petition with respect to the 
     association, the denial shall apply only to the association 
     and does not apply to any individual producer member of the 
     association unless the Secretary of Labor determines that the 
     member participated in, had knowledge of, or reason to know 
     of, the violation.
       ``(ii) If an association of agricultural producers 
     certified as a sole employer is determined to have committed 
     an act that results in the denial of a petition with respect 
     to the association, no individual producer member of such 
     association may be the beneficiary of

[[Page S9693]]

     the services of H-2A workers in the commodity and occupation 
     in which such aliens were employed by the association which 
     was denied during the period such denial is in force, unless 
     such producer member employs such aliens in the commodity and 
     occupation in question directly or through an association 
     which is a joint employer of such workers with the producer 
     member.
       ``(5) Special procedures.--For occupations with established 
     special procedures that were in place on the date of the 
     enactment of the Affordable and Secure Food Act of 2022, the 
     Secretary of Labor, in consultation with the Secretary of 
     Agriculture and Secretary of Homeland Security, may by 
     regulation establish alternate procedures that reasonably 
     modify program requirements under this section, when the 
     Secretary determines that such modifications are required due 
     to the unique nature of the work involved.
       ``(6) Construction occupations.--An employer may not file a 
     petition under this section on behalf of a worker if the 
     majority of the worker's duties will fall within a 
     construction or extraction occupational classification.
       ``(7) Equines.--Notwithstanding the requirement under 
     section 101(a)(15)(H)(ii)(A) that the agricultural labor or 
     services performed by an H-2A worker be agricultural, the 
     Secretary of Homeland Security may approve a petition for an 
     H-2A worker to perform activities related to equines, 
     including the breeding, grooming, training, care, feeding, 
     management, competition, and racing of equines, without 
     regard to whether the specific service or activity is of a 
     temporary or seasonal nature.
       ``(i) Non-temporary or Non-seasonal Needs.--
       ``(1) In general.--Notwithstanding the requirement under 
     section 101(a)(15)(H)(ii)(a) that the agricultural labor or 
     services performed by an H-2A worker be of a temporary or 
     seasonal nature, the Secretary of Homeland Security may, 
     consistent with the provisions of this subsection, approve a 
     petition from a fixed site farm employer for an H-2A worker 
     to perform agricultural services or labor that is not of a 
     temporary or seasonal nature.
       ``(2) Numerical limitations.--
       ``(A) First 3 fiscal years.--The total number of aliens who 
     may be issued visas or otherwise provided H-2A nonimmigrant 
     status under paragraph (1) for the first fiscal year during 
     which the first visa is issued under such paragraph and for 
     each of the following 2 fiscal years may not exceed 26,000.
       ``(B) Fiscal years 4 through 10.--
       ``(i) In general.--The total number of aliens who may be 
     issued visas or otherwise provided H-2A nonimmigrant status 
     under paragraph (1) for the first fiscal year following the 
     fiscal years referred to in subparagraph (A) and for each of 
     the following 6 fiscal years may not exceed a numerical 
     limitation jointly imposed by the Secretary of Agriculture 
     and Secretary of Labor in accordance with clause (ii).
       ``(ii) Annual adjustments.--For each fiscal year referred 
     to in clause (i), the Secretary of Agriculture and the 
     Secretary of Labor, in consultation with the Secretary of 
     Homeland Security, shall establish the numerical limitation 
     referred to in clause (i). Such numerical limitation may not 
     be lower than 26,000 and may not vary by more than 15 percent 
     compared to the numerical limitation applicable to the 
     immediately preceding fiscal year. In establishing such 
     numerical limitation, the Secretaries shall consider 
     appropriate factors, including--

       ``(I) a demonstrated shortage of agricultural workers;
       ``(II) the level of unemployment and underemployment of 
     agricultural workers during the preceding fiscal year;
       ``(III) the number of H-2A workers sought by employers, 
     including the number of petitions filed for H-2A workers 
     during the preceding fiscal year to engage in agricultural 
     labor or services not of a temporary or seasonal nature;
       ``(IV) the number of such H-2A workers issued a visa in the 
     most recent fiscal year who remain in the United States in 
     compliance with the terms of such visa;
       ``(V) the estimated number of United States workers, 
     including workers who obtained certified agricultural worker 
     status under title I of the Affordable and Secure Food Act of 
     2022, who worked during the preceding fiscal year in 
     agricultural labor or services not of a temporary or seasonal 
     nature;
       ``(VI) the number of such United States workers who 
     accepted jobs offered by employers using the online job 
     registry during the preceding fiscal year;
       ``(VII) any growth or contraction of the United States 
     agricultural industry that has increased or decreased the 
     demand for agricultural workers; and
       ``(VIII) any changes in the real wages paid to agricultural 
     workers in the United States as an indication of a shortage 
     or surplus of agricultural labor.

       ``(iii) Annual report.--The Secretary of Agriculture and 
     the Secretary of Labor shall submit an annual report 
     containing the information described in clause (ii) to--

       ``(I) the Committee on Agriculture, Nutrition, and Forestry 
     of the Senate;
       ``(II) the Committee on Health, Education, Labor, and 
     Pensions of the Senate;
       ``(III) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(IV) the Committee on the Judiciary of the Senate;
       ``(V) the Committee on Agriculture of the House of 
     Representatives;
       ``(VI) the Committee on Education and Labor of the House of 
     Representatives;
       ``(VII) the Committee on Homeland Security of the House of 
     Representatives; and
       ``(VIII) the Committee on the Judiciary of the House of 
     Representatives.

       ``(C) Subsequent fiscal years.--For each of the fiscal 
     years following the fiscal years referred to in subparagraph 
     (B), the Secretary of Agriculture and the Secretary of Labor, 
     in consultation with the Secretary of Homeland Security, 
     shall jointly determine, after considering appropriate 
     factors, including the factors listed in subclauses (I) 
     through (VIII) of subparagraph (B)(ii), whether to establish 
     or to no longer maintain a numerical limitation for such 
     fiscal year. If a numerical limitation is established for 
     such fiscal year--
       ``(i) such numerical limitation may not be lower than 
     number of aliens admitted under this subsection during the 
     fiscal year immediately preceding the fiscal year for which 
     the numerical limitation is to be established; and
       ``(ii) the total number of aliens who may be issued visas 
     or otherwise provided H-2A nonimmigrant status under 
     paragraph (1) for that fiscal year may not exceed such 
     numerical limitation.
       ``(D) Automatic adjustment for significant labor 
     shortages.--Not later than the last day of the third fiscal 
     year during which the first visa is issued under paragraph 
     (1), the Secretary of Agriculture and the Secretary of Labor, 
     in consultation with the Secretary of Homeland Security, 
     shall jointly establish, by regulation, procedures for 
     immediately adjusting a numerical limitation imposed under 
     subparagraph (B) or (C) to account for significant labor 
     shortages. Such regulations shall take into account the 
     factors set forth in subparagraph (B)(ii).
       ``(3) Allocation of visas.--
       ``(A) Bi-annual allocation.--The annual allocation of visas 
     described in paragraph (2) shall be evenly allocated between 
     two halves of the fiscal year unless the Secretary of 
     Homeland Security, in consultation with the Secretary of 
     Agriculture and Secretary of Labor, determines that an 
     alternative allocation would better accommodate demand for 
     visas. Any unused visas in the first half of the fiscal year 
     shall be added to the allocation for the subsequent half of 
     the same fiscal year.
       ``(B) Reserve for dairy labor or services.--
       ``(i) In general.--Of the visa numbers made available in 
     each half of the fiscal year pursuant to subparagraph (A), 50 
     percent of such visas shall be reserved for employers filing 
     petitions seeking H-2A workers to engage in agricultural 
     labor or services in the dairy industry.
       ``(ii) Exception.--If, after 4 months have elapsed in one 
     half of the fiscal year, the Secretary of Homeland Security 
     determines that application of clause (i) will result in 
     visas going unused during that half of the fiscal year, 
     clause (i) shall not apply to visas under this paragraph 
     during the remainder of such calendar half.
       ``(C) Reserve for small farmer labor or services.--
       ``(i) In general.--Except as provided in clause (ii), of 
     the visas made available during each 6 month period of a 
     fiscal year pursuant to subparagraph (A), 20 percent shall be 
     reserved for employers (excluding employers eligible for a 
     reserve under subparagraph (B)) with fewer than 50 domestic 
     employees that file a petition seeking H-2A workers to engage 
     in agricultural labor or services.
       ``(ii) Exception.--If, after 4 months have elapsed in \1/2\ 
     of the fiscal year, the Secretary of Homeland Security 
     determines that the application of clause (i) will result in 
     visas going unused during that 6-month period, clause (i) 
     shall not apply to visas under this paragraph during the 
     remainder of such 6-month period.
       ``(D) Limited allocation for certain special procedures 
     industries.--
       ``(i) In general.--Notwithstanding the numerical 
     limitations under paragraph (2), up to 550 aliens may be 
     issued visas or otherwise provided H-2A nonimmigrant status 
     under paragraph (1) in a fiscal year for range sheep or goat 
     herding.
       ``(ii) Limitation.--The total number of aliens in the 
     United States in valid H-2A status under clause (i) at any 
     one time may not exceed 550.
       ``(iii) Clarification.--Any visas issued under this 
     subparagraph may not be considered for purposes of the annual 
     adjustments under subparagraphs (B) and (C) of paragraph (2).
       ``(4) Annual round trip home.--
       ``(A) In general.--In addition to the other requirements of 
     this section, an employer shall provide H-2A workers employed 
     under this subsection, at no cost to such workers, with 
     annual round trip travel, including transportation and 
     subsistence during travel, to their homes in their 
     communities of origin. The employer must provide such travel 
     within 14 months of the initiation of the worker's 
     employment, and no more than 14 months can elapse between 
     each required period of travel.
       ``(B) Limitation.--The cost of travel under subparagraph 
     (A) need not exceed the lesser of--
       ``(i) the actual cost to the worker of the transportation 
     and subsistence involved; or

[[Page S9694]]

       ``(ii) the most economical and reasonable common carrier 
     transportation charges and subsistence costs for the distance 
     involved.
       ``(5) Family housing.--An employer seeking to employ an H-
     2A worker pursuant to this subsection shall offer family 
     housing to workers with families if such workers are engaged 
     in agricultural employment that is not of a seasonal or 
     temporary nature. The worker may reject such an offer. The 
     employer may not charge the worker for the worker's housing, 
     except that if the worker accepts family housing, a prorated 
     rent based on the fair market value for such housing may be 
     charged for the worker's family members.
       ``(6) Workplace safety plan for year-round employees.--
       ``(A) In general.--If an employer is seeking to employ a 
     worker in agricultural labor or services pursuant to this 
     subsection, the employer shall report all work-related 
     incidents in accordance with the requirements under section 
     1904.39 of title 29, Code of Federal Regulations, and 
     maintain an effective worksite safety and compliance plan to 
     prevent workplace accidents and otherwise ensure safety. Such 
     plan shall--
       ``(i) be in writing in English and, to the extent 
     necessary, any language common to a significant portion of 
     the workers if they are not fluent in English; and
       ``(ii) be posted at a conspicuous location at the worksite 
     and provided to employees prior to the commencement of labor 
     or services.
       ``(B) Contents of plan.--The Secretary of Labor, in 
     consultation with the Secretary of Agriculture, shall 
     establish by regulation the minimum requirements for the plan 
     described in subparagraph (A). Such plan shall include 
     measures to--
       ``(i) require workers (other than the employer's family 
     members) whose positions require contact with animals to 
     complete animal care training, including animal handling and 
     job-specific animal care;
       ``(ii) protect against sexual harassment and violence, 
     resolve complaints involving harassment or violence, and 
     protect against retaliation against workers reporting 
     harassment or violence; and
       ``(iii) contain other provisions necessary for ensuring 
     workplace safety, as determined by the Secretary of Labor, in 
     consultation with the Secretary of Agriculture.
       ``(C) Clarification.--Nothing in this paragraph is 
     intended--
       ``(i) to apply to persons or entities that are not seeking 
     to employ workers under this section; or
       ``(ii) to limit any other Federal or State authority to 
     promulgate, enforce, or maintain health and safety standards 
     related to the dairy industry.
       ``(j) Eligibility for H-2A Status and Admission to the 
     United States.--
       ``(1) Disqualification.--An alien shall be ineligible for 
     admission to the United States as an H-2A worker pursuant to 
     a petition filed under this section if the alien was admitted 
     to the United States as an H-2A worker within the past 5 
     years of the date the petition was filed and--
       ``(A) violated a material provision of this section, 
     including the requirement to promptly depart the United 
     States when the alien's authorized period of admission has 
     expired, unless the alien has good cause for such failure to 
     depart; or
       ``(B) otherwise violated a term or condition of admission 
     into the United States as an H-2A worker.
       ``(2) Visa validity.--A visa issued to an H-2A worker shall 
     be valid for 3 years and shall allow for multiple entries 
     during the approved period of admission.
       ``(3) Period of authorized stay; admission.--
       ``(A) In general.--An alien admissible as an H-2A worker 
     shall be authorized to stay in the United States for the 
     period of employment specified in the petition approved by 
     the Secretary of Homeland Security under this section. The 
     maximum continuous period of authorized stay for an H-2A 
     worker is 36 months.
       ``(B) Requirement to remain outside the united states.--In 
     the case of an H-2A worker whose maximum continuous period of 
     authorized stay (including any extensions) has expired, the 
     alien may not again be eligible for such stay until the alien 
     remains outside the United States for a cumulative period of 
     at least 45 days.
       ``(C) Exceptions.--The Secretary of Homeland Security shall 
     deduct absences from the United States that take place during 
     an H-2A worker's period of authorized stay from the period 
     that the alien is required to remain outside the United 
     States under subparagraph (B), 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 including, 
     but not limited to, arrival and departure records, copies of 
     tax returns, and records of employment abroad.
       ``(D) Admission.--In addition to the maximum continuous 
     period of authorized stay, an H-2A worker's authorized period 
     of admission shall include an additional period of 10 days 
     prior to the beginning of the period of employment for the 
     purpose of traveling to the place of employment and 45 days 
     at the end of the period of employment for the purpose of 
     traveling home or seeking an extension of status based on a 
     subsequent offer of employment if the worker has not reached 
     the maximum continuous period of authorized stay under 
     subparagraph (A) (subject to the exceptions in subparagraph 
     (C)).
       ``(4) Continuing h-2a workers.--
       ``(A) Successive employment.--An H-2A worker is authorized 
     to start new or concurrent employment upon the filing of a 
     nonfrivolous H-2A petition, or as of the requested start 
     date, whichever is later if--
       ``(i) the petition to start new or concurrent employment 
     was filed prior to the expiration of the H-2A worker's period 
     of admission as defined in paragraph (3)(D); and
       ``(ii) the H-2A worker has not been employed without 
     authorization in the United States from the time of last 
     admission to the United States in H-2A status through the 
     filing of the petition for new employment.
       ``(B) Protection due to immigrant visa backlogs.--
     Notwithstanding the limitations on the period of authorized 
     stay described in paragraph (3), any H-2A worker who--
       ``(i) is the beneficiary of an approved petition, filed 
     under section 204(a)(1)(E) or (F) for preference status under 
     section 203(b)(3)(A)(iii); and
       ``(ii) is eligible to be granted such status but for the 
     annual limitations on visas under section 203(b)(3)(A),
     may apply for, and the Secretary of Homeland Security may 
     grant, an extension of such nonimmigrant status until the 
     Secretary of Homeland Security issues a final administrative 
     decision on the alien's application for adjustment of status 
     or the Secretary of State issues a final decision on the 
     alien's application for an immigrant visa.
       ``(5) Abandonment of employment.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an H-2A worker who abandons the employment which was the 
     basis for the worker's authorized stay, without good cause, 
     shall be considered to have failed to maintain H-2A status 
     and shall depart the United States or be subject to removal 
     under section 237(a)(1)(C)(i).
       ``(B) Grace period to secure new employment.--An H-2A 
     worker shall not be considered to have failed to maintain H-
     2A status solely on the basis of a cessation of the 
     employment on which the alien's classification was based for 
     a period of 45 consecutive days, or until the end of the 
     authorized validity period, whichever is shorter, once during 
     each authorized validity period.
       ``(k) Required Disclosures.--
       ``(1) Disclosure of work contract.--Not later than the time 
     at which an H-2A worker applies for a visa, or not later than 
     the date on which work commences for a worker in 
     corresponding employment, the employer shall provide such 
     worker with a copy of the work contract, which shall includes 
     all of the provisions under this section, or, in the absence 
     of such a contract, a copy of the job order and the 
     certification described in subparagraphs (B) and (D) of 
     subsection (h)(2)), which shall be deemed to be the work 
     contract. An H-2A worker moving from one H-2A employer to a 
     subsequent H-2A employer shall be provided with a copy of the 
     new employment contract no later than the time at which an 
     offer of employment is made by the subsequent employer.
       ``(2) Hours and earnings statements.--The employer shall 
     furnish to H-2A workers, on or before each payday, in one or 
     more written statements--
       ``(A) the H-2A worker's total earnings for the pay period;
       ``(B) the H-2A worker's hourly rate of pay, piece rate of 
     pay, or both;
       ``(C) the hours of employment offered to the H-2A worker 
     and the hours of employment actually worked by the H-2A 
     worker;
       ``(D) if piece rates of pay are used, the units produced 
     daily by the H-2A worker;
       ``(E) an itemization of the deductions made from the H-2A 
     worker's wages; and
       ``(F) any other information required by Federal, State or 
     local law.
       ``(3) Notice of worker rights.--The employer shall post and 
     maintain, in a conspicuous location at the place of 
     employment, a poster provided by the Secretary of Labor in 
     English, and, to the extent necessary, any language common to 
     a significant portion of the workers if they are not fluent 
     in English, which sets out the rights and protections for 
     workers employed pursuant to this section.
       ``(l) Labor Contractors; Foreign Labor Recruiters; 
     Prohibition on Fees.--
       ``(1) Labor contractors.--
       ``(A) Surety bond.--An employer that is a labor contractor 
     who seeks to employ H-2A workers shall maintain a surety bond 
     in an amount required under subparagraph (B). Such bond shall 
     be payable to the Secretary of Labor or pursuant to the 
     resolution of a civil or criminal proceeding, for the payment 
     of wages and benefits, including any assessment of interest, 
     owed to an H-2A worker or a similarly employed worker, or a 
     worker who has been rejected or displaced in violation of 
     this section.
       ``(B) Amount of bond.--The Secretary of Labor shall 
     annually publish in the Federal Register a schedule of 
     required bond amounts that are determined by such Secretary 
     to be sufficient for labor contractors to discharge financial 
     obligations under this section based on the number of workers 
     the labor contractor seeks to employ and the wages such 
     workers are required to be paid.
       ``(C) Use of funds.--Any sums paid to the Secretary under 
     subparagraph (A) that are not paid to a worker because of the 
     inability to do so within a period of 5 years following the 
     date of a violation giving rise to the obligation to pay 
     shall remain available to the Secretary without further 
     appropriation until expended to support the enforcement of 
     this section.

[[Page S9695]]

       ``(2) Foreign labor recruiting.--If the employer has 
     retained the services of a foreign labor recruiter, the 
     employer shall use a foreign labor recruiter registered under 
     section 251 of the Affordable and Secure Food Act of 2022.
       ``(3) Prohibition against employees paying fees.--Neither 
     the employer nor its agents shall seek or receive payment of 
     any kind from any worker for any activity related to the H-2A 
     process, including payment of the employer's attorneys' fees, 
     application fees, or recruitment costs. An employer and its 
     agents may receive reimbursement for costs that are the 
     responsibility and primarily for the benefit of the worker, 
     such as government-required passport fees.
       ``(4) Third party contracts.--The contract between an 
     employer and any labor contractor or any foreign labor 
     recruiter (or any agent of such labor contractor or foreign 
     labor recruiter) whom the employer engages shall include a 
     term providing for the termination of such contract for cause 
     if the contractor or recruiter, either directly or 
     indirectly, in the placement or recruitment of H-2A workers 
     seeks or receives payments or other compensation from 
     prospective employees. Upon learning that a labor contractor 
     or foreign labor recruiter has sought or collected such 
     payments, the employer shall so terminate any contracts with 
     such contractor or recruiter.
       ``(m) Enforcement Authority.--
       ``(1) In general.--The Secretary of Labor is authorized to 
     take such actions against employers, including issuing 
     subpoenas, imposing appropriate penalties, and seeking 
     monetary and injunctive relief and specific performance of 
     contractual obligations, as may be necessary to ensure 
     compliance with the requirements of this section and with the 
     applicable terms and conditions of employment. The Solicitor 
     of Labor may appear on behalf of and represent the Secretary 
     of Labor in any civil litigation brought under this chapter, 
     but all such litigation shall be subject to the direction and 
     control of the Attorney General.
       ``(2) Complaint process.--
       ``(A) Process.--The Secretary of Labor shall establish a 
     process for the receipt, investigation, and disposition of 
     complaints alleging failure of an employer to comply with the 
     requirements under this section and with the applicable terms 
     and conditions of employment.
       ``(B) Filing.--A complaint referred to in subparagraph (A) 
     may be filed not later than 2 years after the date of the 
     conduct that is the subject of the complaint.
       ``(C) Complaint not exclusive.--A complaint filed under 
     this paragraph is not an exclusive remedy and the filing of 
     such a complaint does not waive any rights or remedies of the 
     aggrieved party under this law or other laws.
       ``(D) Decision and remedies.--If the Secretary of Labor 
     finds, after notice and opportunity for a hearing, that the 
     employer failed to comply with the requirements of this 
     section or the terms and conditions of employment, the 
     Secretary of Labor may require payment of unpaid wages, 
     unpaid benefits, fees assessed in violation of this section, 
     damages, and civil money penalties. The Secretary is also 
     authorized to impose other administrative remedies, including 
     disqualification of the employer from utilizing the H-2A 
     program for a period of up to 5 years in the event of willful 
     or multiple material violations. The Secretary is authorized 
     to permanently disqualify an employer from utilizing the H-2A 
     program upon a subsequent finding involving willful or 
     multiple material violations.
       ``(E) Disposition of penalties.--Civil penalties collected 
     under this paragraph shall be deposited into the H-2A Labor 
     Certification Fee Account established under section 203 of 
     the Affordable and Secure Food Act of 2022.
       ``(3) Statutory construction.--Nothing in this subsection 
     may be construed as limiting the authority of the Secretary 
     of Labor to conduct an investigation--
       ``(A) under any other law, including any law affecting 
     migrant and seasonal agricultural workers; or
       ``(B) in the absence of a complaint.
       ``(4) Retaliation prohibited.--It is a violation of this 
     subsection for any person to intimidate, threaten, restrain, 
     coerce, blacklist, discharge, or in any other manner 
     discriminate against, or to cause any person to intimidate, 
     threaten, restrain, coerce, blacklist, or in any manner 
     discriminate against, an employee, including a former 
     employee or an applicant for employment, because the 
     employee--
       ``(A) has disclosed information to the employer, or to any 
     other person, that the employee reasonably believes evidences 
     a violation under this section, or any rule or regulation 
     relating to this section;
       ``(B) has filed a complaint concerning the employer's 
     compliance with the requirements under this section or any 
     rule or regulation pertaining to this section;
       ``(C) cooperates or seeks to cooperate in an investigation 
     or other proceeding concerning the employer's compliance with 
     the requirements under this section or any rule or regulation 
     pertaining to this section; or
       ``(D) has taken steps to exercise or assert any right or 
     protection under the provisions of this section, or any rule 
     or regulation pertaining to this section, or any other 
     relevant Federal, State, or local law.
       ``(5) Interagency communication.--The Secretary of Labor, 
     in consultation with the Secretary of Homeland Security, 
     Secretary of State and the Equal Employment Opportunity 
     Commission, shall establish mechanisms by which the agencies 
     and their components share information, including by public 
     electronic means, regarding complaints, studies, 
     investigations, findings and remedies regarding compliance by 
     employers with the requirements of the H-2A program and other 
     employment-related laws and regulations.
       ``(n) Definitions.--In this section:
       ``(1) Displace.--The term `displace' means to lay off a 
     similarly employed United States worker, other than for 
     lawful job-related reasons, in the occupation and area of 
     intended employment for the job for which H-2A workers are 
     sought.
       ``(2) H-2A worker.--The term `H-2A worker' means a 
     nonimmigrant described in section 101(a)(15)(H)(ii)(a).
       ``(3) Job order.--The term `job order' means the document 
     containing the material terms and conditions of employment, 
     including obligations and assurances required under this 
     section or any other law.
       ``(4) Online job registry.--The term `online job registry' 
     means the online job registry of the Secretary of Labor 
     required under section 201(b) of the Affordable and Secure 
     Food Act of 2022 (or similar successor registry).
       ``(5) Similarly employed.--The term `similarly employed', 
     in the case of a worker, means a worker in the same 
     occupational classification as the classification or 
     classifications for which the H-2A worker is sought.
       ``(6) United states worker.--The term `United States 
     worker' means any worker who is--
       ``(A) a citizen or national of the United States;
       ``(B) an alien who is lawfully admitted for permanent 
     residence, is admitted as a refugee under section 207, is 
     granted asylum under section 208, or is an immigrant 
     otherwise authorized to be employed in the United States;
       ``(C) an alien granted certified agricultural worker status 
     under title I of the Affordable and Secure Food Act of 2022; 
     or
       ``(D) an individual who is not an unauthorized alien (as 
     defined in section 274A(h)(3)) with respect to the employment 
     in which the worker is engaging.
       ``(o) Fees; Authorization of Appropriations.--
       ``(1) Fees.--
       ``(A) In general.--The Secretary of Homeland Security shall 
     impose a fee to process petitions under this section. Such 
     fee shall be set at a level that is sufficient to recover the 
     reasonable costs of processing the petition, including the 
     reasonable costs of providing labor certification by the 
     Secretary of Labor.
       ``(B) Distribution.--Fees collected under subparagraph (A) 
     shall be deposited as offsetting receipts into the 
     immigration examinations fee account in section 286(m), 
     except that the portion of fees assessed for the Secretary of 
     Labor shall be deposited into the H-2A Labor Certification 
     Fee Account established pursuant to section 203(c) of the 
     Affordable and Secure Food Act of 2022.
       ``(2) Appropriations.--There are authorized to be 
     appropriated for each fiscal year such sums as necessary for 
     the purposes of--
       ``(A) recruiting United States workers for labor or 
     services which might otherwise be performed by H-2A workers, 
     including by ensuring that State workforce agencies are 
     sufficiently funded to fulfill their functions under this 
     section;
       ``(B) enabling the Secretary of Labor to make 
     determinations and certifications under this section and 
     under section 212(a)(5)(A)(i);
       ``(C) monitoring and enforcing the terms and conditions 
     under which H-2A workers (and United States workers employed 
     by the same employers) are employed in the United States; and
       ``(D) enabling the Secretary of Agriculture to carry out 
     the Secretary of Agriculture's duties and responsibilities 
     under this section.''.

     SEC. 203. AGENCY ROLES AND RESPONSIBILITIES.

       (a) Responsibilities of the Secretary of Labor.--With 
     respect to the administration of the H-2A nonimmigrant visa 
     program (referred to in this section as the ``H-2A 
     program''), the Secretary of Labor shall be responsible for--
       (1) consulting with State workforce agencies to--
       (A) review and process job orders;
       (B) facilitate the recruitment and referral of able, 
     willing and qualified United States workers who will be 
     available at the time and place needed;
       (C) determine prevailing wages and practices; and
       (D) conduct timely inspections to ensure compliance with 
     applicable Federal, State, or local housing standards and 
     Federal regulations for H-2A housing;
       (2) determining whether the employer has met the conditions 
     for approval of the H-2A nonimmigrant visa petition described 
     in section 218 of the Immigration and Nationality Act (8 
     U.S.C. 1188);
       (3) determining, in consultation with the Secretary of 
     Agriculture, whether a job opportunity is of a seasonal or 
     temporary nature;
       (4) determining whether the employer has complied or will 
     comply with the H-2A program requirements set forth in 
     section 218 of the Immigration and Nationality Act (8 U.S.C. 
     1188);

[[Page S9696]]

       (5) processing and investigating complaints consistent with 
     section 218(m) of the Immigration and Nationality Act (8 
     U.S.C. 1188(m));
       (6) referring any matter as appropriate to the Inspector 
     General of the Department of Labor for investigation;
       (7) ensuring that guidance to State workforce agencies to 
     conduct wage surveys is regularly updated; and
       (8) issuing such rules and regulations as are necessary to 
     carry out the Secretary of Labor's responsibilities under 
     this division and the amendments made by this division.
       (b) Responsibilities of the Secretary of Homeland 
     Security.--With respect to the administration of the H-2A 
     program, the Secretary of Homeland Security shall be 
     responsible for--
       (1) adjudicating petitions for the admission of 
     nonimmigrants described in section 101(a)(15)(H)(2)(a) 
     (referred to in this title as ``H-2A workers''), which shall 
     include an assessment as to whether each beneficiary will be 
     employed in accordance with the terms and conditions of the 
     certification and whether any named beneficiaries qualify for 
     such employment;
       (2) transmitting a copy of the final decision on the 
     petition to the employer, and in the case of approved 
     petitions, ensuring that the petition approval is reflected 
     in the electronic platform to facilitate the prompt issuance 
     of a visa by the Department of State (if required) and the 
     admission of the H-2A workers to the United States;
       (3) establishing a reliable and secure method through which 
     H-2A workers can access information about their H-2A visa 
     status, including information on pending, approved, or denied 
     petitions to extend such status;
       (4) investigating and preventing fraud in the program, 
     including the utilization of H-2A workers for other than 
     allowable agricultural labor or services; and
       (5) issuing such rules and regulations as are necessary to 
     carry out the Secretary of Homeland Security's 
     responsibilities under this division and the amendments made 
     by this division.
       (c) Establishment of Account; Use of Funds.--
       (1) Establishment of account.--There is established in the 
     general fund of the Treasury a separate account, which shall 
     be known as the ``H-2A Labor Certification Fee Account''. 
     Notwithstanding any other provisions of law, there shall be 
     deposited as offsetting receipts into the account all 
     amounts--
       (A) collected as a civil penalty under section 218(m)(2)(E) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1188(m)(2)(E)); and
       (B) collected as a fee under section 218(o)(1)(B) of such 
     Act (8 U.S.C. 1188(o)(1)(B)).
       (2) Use of funds.--
       (A) In general.--Except as otherwise provided in this 
     paragraph, amounts deposited into the H-2A Labor 
     Certification Fee Account shall be available (except as 
     otherwise provided in this paragraph) without fiscal year 
     limitation and without the requirement for specification in 
     appropriations Acts to the Secretary of Labor for use, 
     directly or through grants, contracts, or other arrangements, 
     in such amounts as the Secretary of Labor determines are 
     necessary for the costs of Federal and State administration 
     in carrying out activities in connection with labor 
     certification under section 218 of the Immigration and 
     Nationality Act (8 U.S.C. 1188).
       (B) Examples of approved costs.--Costs authorized under 
     subparagraph (A) may include--
       (i) personnel salaries and benefits;
       (ii) equipment and infrastructure for adjudication and 
     customer service processes;
       (iii) the operation and maintenance of an on-line job 
     registry; and
       (iv) program integrity activities.
       (C) Considerations.--In determining what amounts to 
     transfer to States for State administration in carrying out 
     activities in connection with labor certification under 
     section 218 of the Immigration and Nationality Act, the 
     Secretary shall--
       (i) consider the number of H-2A workers employed in such 
     State; and
       (ii) adjust the amount transferred to such State based on 
     the proportion of H-2A workers employed in such State.
       (D) Audits; criminal investigations.--Ten percent of the 
     amounts deposited into the H-2A Labor Certification Fee 
     Account pursuant to paragraph (1) shall be available to the 
     Office of Inspector General of the Department of Labor to 
     conduct audits and criminal investigations relating to 
     foreign labor certification programs.
       (3) Additional funds.--Amounts available under paragraph 
     (1) shall be available in addition to any other funds 
     appropriated or made available to the Department of Labor 
     under other laws, including section 218(o)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1188(o)(2)).

     SEC. 204. WORKER PROTECTION AND COMPLIANCE.

       (a) Equality of Treatment.--H-2A workers may not be denied 
     any right or remedy under any Federal, State, or local labor 
     or employment law applicable to United States workers engaged 
     in agricultural employment.
       (b) Applicability of Other Laws.--
       (1) Migrant and seasonal agricultural worker protection 
     act.--H-2A workers shall be considered migrant agricultural 
     workers for purposes of the Migrant and Seasonal Agricultural 
     Worker Protection Act (29 U.S.C. 1801 et seq.).
       (2) Waiver of rights prohibited.--Agreements by H-2A 
     workers to waive or modify any rights or protections under 
     this division or section 218 of the Immigration and 
     Nationality Act, as amended by section 202, shall be 
     considered void or contrary to public policy except as 
     provided in a collective bargaining agreement with a bona 
     fide labor organization.
       (3) Frivolous lawsuits prohibited.--A legal representative 
     of an H-2A worker who seeks to enforce rights guaranteed 
     under this division or under section 218 of the Immigration 
     and Nationality Act, as amended by section 202, shall comply 
     with Rules 8 and 11 of the Federal Rules of Civil Procedure.
       (4) Demand letter prohibitions.--A legal representative of 
     an H-2A worker, or a class of workers, may not send a demand 
     letter to the employer of such worker, or class of workers, 
     regarding a violation of the Migrant and Seasonal 
     Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.) 
     and demanding a monetary payment without a good faith basis 
     that there are sufficient facts to support such an 
     allegation.
       (5) Third-party lawsuits.--All named plaintiffs in a 
     lawsuit against the employer of an H-2A worker shall be a 
     real party in interest and may not be a third party who is 
     not an H-2A worker, except as otherwise expressly permitted 
     under this division or any other law.
       (6) Mediation.--
       (A) Free mediation services.--The Federal Mediation and 
     Conciliation Service shall be available to assist in 
     resolving disputes arising under this section between H-2A 
     workers and agricultural employers without charge to the 
     parties.
       (B) Lawsuits.--If an H-2A worker files a civil lawsuit 
     alleging 1 or more violations of the Migrant and Seasonal 
     Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.), 
     not later than 60 days after filing proof of service of the 
     complaint, a party to the lawsuit may file a request with the 
     Federal Mediation and Conciliation Service to assist the 
     parties in reaching a satisfactory resolution of all issues 
     involving all parties to the dispute.
       (C) Notice.--Upon filing a request under subparagraph (B) 
     and giving of notice to the parties, the parties shall 
     attempt mediation within the period specified in subparagraph 
     (D), except that nothing in this paragraph shall limit the 
     ability of a court to order preliminary injunctive relief to 
     protect health and safety or to otherwise prevent irreparable 
     harm.
       (D) 90-day limit.--The Federal Mediation and Conciliation 
     Service may conduct mediation or other nonbinding dispute 
     resolution activities for a period not to exceed 90 days 
     beginning on the date on which the Federal Mediation and 
     Conciliation Service receives a request for assistance under 
     subparagraph (B) unless the parties agree to an extension of 
     such period.
       (E) Authorization of appropriations.--
       (i) In general.--Subject to clause (ii), there is 
     authorized to be appropriated to the Federal Mediation and 
     Conciliation Service $5,600,000 for fiscal year 2023 and 
     $4,600,000 for each of the following fiscal years to carry 
     out this subparagraph.
       (ii) Mediation.--Notwithstanding any other provision of 
     law, the Director of the Federal Mediation and Conciliation 
     Service is authorized--

       (I) to conduct the mediation or other dispute resolution 
     activities from any other account containing amounts 
     available to the Director; and
       (II) to reimburse such account with amounts appropriated 
     pursuant to clause (i).

       (F) Private mediation.--If all parties agree, a private 
     mediator may be employed as an alternative to the Federal 
     Mediation and Conciliation Service.
       (c) Farm Labor Contractor Requirements.--
       (1) Surety bonds.--
       (A) Requirement.--Section 101 of the Migrant and Seasonal 
     Agricultural Worker Protection Act (29 U.S.C. 1811), is 
     amended by adding at the end the following:
       ``(e) A farm labor contractor shall maintain a surety bond 
     in an amount determined by the Secretary to be sufficient for 
     ensuring the ability of the farm labor contractor to 
     discharge its financial obligations, including payment of 
     wages and benefits to employees. Such a bond shall be 
     available to satisfy any amounts ordered to be paid by the 
     Secretary or by court order for failure to comply with the 
     obligations of this Act. The Secretary of Labor shall 
     annually publish in the Federal Register a schedule of 
     required bond amounts that are determined by such Secretary 
     to be sufficient for farm labor contractors to discharge 
     financial obligations based on the number of workers to be 
     covered.''.
       (B) Registration determinations.--Section 103(a) of the 
     Migrant and Seasonal Agricultural Worker Protection Act (29 
     U.S.C. 1813(a)), is amended--
       (i) in paragraph (4), by striking ``or'' at the end;
       (ii) in paragraph (5)(B), by striking ``or'' at the end;
       (iii) in paragraph (6), by striking the period at the end 
     and inserting ``;''; and
       (iv) by adding at the end the following:
       ``(7) has failed to maintain a surety bond in compliance 
     with section 101(e); or
       ``(8) has been disqualified by the Secretary of Labor from 
     importing nonimmigrants described in section 
     101(a)(15)(H)(ii) of the Immigration and Nationality Act.''.
       (2) Successors in interest.--

[[Page S9697]]

       (A) Declaration.--Section 102 of the Migrant and Seasonal 
     Agricultural Worker Protection Act (29 U.S.C. 1812), is 
     amended--
       (i) in paragraph (4), by striking ``and'' at the end;
       (ii) in paragraph (5), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(6) a declaration, subscribed and sworn to by the 
     applicant, stating whether the applicant has a familial, 
     contractual, or employment relationship with, or shares 
     vehicles, facilities, property, or employees with, a person 
     who has been refused issuance or renewal of a certificate, or 
     has had a certificate suspended or revoked, pursuant to 
     section 103.''.
       (B) Rebuttable presumption.--Section 103 of the Migrant and 
     Seasonal Agricultural Worker Protection Act (29 U.S.C. 1813), 
     as amended by this division, is further amended by inserting 
     after subsection (a) the following new subsection (and by 
     redesignating the subsequent subsections accordingly):
       ``(b)(1) There shall be a rebuttable presumption that an 
     applicant for issuance or renewal of a certificate is not the 
     real party in interest in the application if the applicant--
       ``(A) is the immediate family member of any person who has 
     been refused issuance or renewal of a certificate, or has had 
     a certificate suspended or revoked; and
       ``(B) identifies a vehicle, facility, or real property 
     under paragraph (2) or (3) of section 102 that has been 
     previously listed by a person who has been refused issuance 
     or renewal of a certificate, or has had a certificate 
     suspended or revoked.
       ``(2) An applicant described in paragraph (1) bears the 
     burden of demonstrating to the Secretary's satisfaction that 
     the applicant is the real party in interest in the 
     application.''.
       (d) Conforming Amendment.--Section 3(8)(B) of the Migrant 
     and Seasonal Agricultural Worker Protection Act (29 U.S.C. 
     1802(8)(B) is amended to read as follows:
       ``(B) The term `migrant agricultural worker' does not 
     include any immediate family member of an agricultural 
     employer or a farm labor contractor.''.

     SEC. 205. REPORT ON WAGE PROTECTIONS.

       (a) In General.--Not later than 3 years after the date of 
     the enactment of this Act, and every 3 years thereafter, the 
     Secretary of Labor and the Secretary of Agriculture shall 
     submit a report to the Committee on the Judiciary of the 
     Senate and the Committee on the Judiciary of the House of 
     Representatives that addresses--
       (1) whether, and the manner in which, the employment of H-
     2A workers in the United States has impacted the wages, 
     working conditions, or job opportunities of United States 
     farm workers;
       (2) whether, and the manner in which, the adverse effect 
     wage rate increases or decreases wages on United States 
     farms, broken down by geographic region and farm size;
       (3) whether any potential impact of the adverse effect wage 
     rate varies based on the percentage of workers in a 
     geographic region that are H-2A workers;
       (4) the degree to which the adverse effect wage rate is 
     affected by the inclusion in wage surveys of piece rate 
     compensation, bonus payments, and other pay incentives, and 
     whether such forms of incentive compensation should be 
     surveyed and reported separately from hourly base rates;
       (5) whether, and the manner in which, other factors may 
     artificially affect the adverse effect wage rate, including 
     factors that may be specific to a region, State, or region 
     within a State;
       (6) whether, and the manner in which, the H-2A program 
     affects the ability of United States farms to compete with 
     agricultural commodities imported from outside the United 
     States;
       (7) the number and percentage of farm workers in the United 
     States whose incomes are below the poverty line;
       (8) whether alternative wage standards would be sufficient 
     to prevent wages in occupations in which H-2A workers are 
     employed from falling below the wage level that would have 
     prevailed in the absence of the H-2A program;
       (9) whether any changes are warranted in the current 
     methodologies for calculating the adverse effect wage rate 
     and the prevailing wage; and
       (10) recommendations for future wage protection for United 
     States farm workers.
       (b) Interviews.--In gathering information for the report 
     required subsection (a), the Secretary of Labor and the 
     Secretary of Agriculture shall interview equal numbers of 
     representatives of agricultural employers and agricultural 
     workers, both locally and nationally.

     SEC. 206. PORTABLE H-2A VISA PILOT PROGRAM.

       (a) Establishment of Pilot Program.--
       (1) In general.--
       (A) Rulemaking.--Not later than 18 months after the date of 
     the enactment of this Act, the Secretary of Homeland 
     Security, in consultation with the Secretary of Labor and the 
     Secretary of Agriculture, shall promulgate regulations 
     establishing a 6-year pilot program to facilitate the free 
     movement and employment of temporary or seasonal H-2A workers 
     to perform agricultural labor or services for agricultural 
     employers registered with the Secretary of Agriculture.
       (B) Program requirements.--Notwithstanding the requirements 
     under section 218 of the Immigration and Nationality Act (8 
     U.S.C. 1188), the regulations promulgated pursuant to 
     subparagraph (A) shall establish the requirements for the 
     pilot program in accordance with subsection (b).
       (C) Defined terms.--In this section:
       (i) Portable h-2a worker.--The term ``portable H-2A 
     worker'' means an H-2A worker described in subparagraph (A).
       (ii) Portable h-2a status.--The term ``portable H-2A 
     status'' means the immigration status of a portable H-2A 
     worker.
       (2) Online platform.--
       (A) Establishment.--The Secretary of Homeland Security, in 
     consultation with the Secretary of Labor and the Secretary of 
     Agriculture, shall establish and maintain an online 
     electronic platform to connect portable H-2A workers with 
     registered agricultural employers seeking workers to perform 
     temporary or seasonal agricultural labor or services.
       (B) Posting of job opportunities.--Employers shall post 
     information regarding available job opportunities on the 
     platform established pursuant to subparagraph (A), which 
     shall include--
       (i) a description of the nature and location of the work to 
     be performed;
       (ii) the anticipated period or periods during which workers 
     are needed; and
       (iii) the terms and conditions of employment.
       (C) Search criteria.--The platform established pursuant to 
     subparagraph (A) shall allow portable H-2A workers to search 
     for available job opportunities using relevant criteria, 
     including the types of jobs needed to be filled and the dates 
     and locations workers are needed by an employer.
       (3) Limitation.--Notwithstanding the issuance of the 
     regulation described in paragraph (1), the Secretary of State 
     may not issue a portable H-2A visa and the Secretary of 
     Homeland Security may not confer portable H-2A status on any 
     alien until the Secretary of Homeland Security, in 
     consultation with the Secretary of Labor and the Secretary of 
     Agriculture, determines that--
       (A) a sufficient number of employers have been designated 
     as registered agricultural employers pursuant to subsection 
     (b)(1); and
       (B) the employers referred to in subparagraph (A) have 
     sufficient job opportunities to employ a reasonable number of 
     portable H-2A workers to initiate the pilot program.
       (b) Pilot Program Elements.--
       (1) Registered agricultural employers.--
       (A) Designation.--Agricultural employers shall be provided 
     the ability to seek designation as registered agricultural 
     employers. Reasonable fees may be assessed commensurate with 
     the cost of processing applications for designation. A 
     designation shall be valid for a period of up to 3 years 
     unless revoked for failure to comply with program 
     requirements. Registered employers that comply with program 
     requirements may apply to renew such designation for 
     additional periods of up to 3 years for the duration of the 
     pilot program established pursuant to subsection (a).
       (B) Limitations.--Registered agricultural employers--
       (i) may employ aliens with portable H-2A status without 
     filing a petition; and
       (ii) shall pay such aliens not less than the wage required 
     under section 218(d) of the Immigration and Nationality Act, 
     as amended by section 202.
       (C) Workers' compensation.--If a job opportunity is not 
     covered by, or is exempt from, the applicable State workers' 
     compensation law, a registered agricultural employer shall 
     provide to portable H-2A workers, at no cost to such workers, 
     insurance covering injury and disease arising out of, and in 
     the course of, the worker's employment, which will provide 
     benefits that are at least equal to the benefits provided 
     under the applicable State workers' compensation law.
       (2) Designated workers.--
       (A) In general.--Individuals who were previously admitted 
     to the United States in H-2A status, and have maintained such 
     status during the period of their admission, may apply for 
     portable H-2A status. Portable H-2A workers shall be subject 
     to the provisions regarding visa validity and periods of 
     authorized stay and admission applicable to H-2A workers 
     described in paragraphs (2) and (3) of section 218(j) of the 
     Immigration and Nationality Act, as added by section 202.
       (B) Limitations on availability of portable h-2a status.--
       (i) Initial offer of employment required.--An alien may not 
     be granted portable H-2A status without an initial valid 
     offer of employment from a registered agricultural employer 
     to perform temporary or agricultural labor or services.
       (ii) Numerical limitations.--

       (I) In general.--Subject to subclause (II), the total 
     number of aliens who may simultaneously hold valid portable 
     H-2A status may not exceed 10,000.
       (II) Further limitation.--The Secretary of Homeland 
     Security may further limit the total number of aliens who may 
     be granted portable H-2A status if the Secretary determines 
     that there are an insufficient number of registered 
     agricultural employers or job opportunities to support the 
     employment of the number of portable H-2A workers authorized 
     under subclause (I).

       (C) Scope of employment.--A portable H-2A worker, during 
     the period of his or her admission, may perform temporary or 
     seasonal

[[Page S9698]]

     agricultural labor or services for any employer in the United 
     States that is designated as a registered agricultural 
     employer pursuant to paragraph (1). An employment arrangement 
     under this section may be terminated by the portable H-2A 
     worker or the registered agricultural employer at any time.
       (D) Maintenance of status.--
       (i) Transfer to new employment.--If a portable H-2A worker 
     desires to maintain portable H-2A status after the conclusion 
     of such worker's employment with a registered agricultural 
     employer, such worker shall secure new employment with 
     another registered agricultural employer not later than 60 
     days after the last day of employment with the previous 
     employer.
       (ii) Maintenance of status.--A portable H-2A worker who 
     does not secure new employment with a registered agricultural 
     employer during the 60-day period referred to in clause (i)--

       (I) shall be considered to have failed to maintain portable 
     H-2A status; and
       (II) shall depart the United States or 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)).

       (3) Enforcement.--
       (A) In general.--The Secretary of Labor shall conduct 
     investigations and random audits of employers to ensure 
     compliance with the employment-related requirements under 
     this section, in accordance with section 218(m) of the 
     Immigration and Nationality Act, as added by section 202.
       (B) Penalties.--The Secretary of Labor is authorized to 
     collect reasonable civil penalties for violations of this 
     section, which may be expended by the Secretary for the 
     administration and enforcement of this section.
       (4) Eligibility for services.--Section 305 of the 
     Immigration Reform and Control Act of 1986 (8 U.S.C. 1101 
     note) is amended by striking ``other employment rights as 
     provided in the worker's specific contract under which the 
     nonimmigrant was admitted'' and inserting ``employment-
     related rights''.
       (c) Report.--Not later than 30 months after the 
     commencement of the pilot program established pursuant to 
     subsection (a), the Secretary of Homeland Security, in 
     consultation with the Secretary of Labor and the Secretary of 
     Agriculture, shall submit a report to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives that includes--
       (1) the number of employers designated as registered 
     agricultural employers, disaggregated by geographic region, 
     farm size, and the number of job opportunities offered by 
     such employers;
       (2) the number of employers whose designation as a 
     registered agricultural employer was revoked;
       (3) the number of individuals granted portable H-2A status 
     during each fiscal year and the number of such individuals 
     who maintained portable H-2A status during all or a portion 
     of the 3-year period of the pilot program;
       (4) an assessment of the impact of the pilot program on the 
     wages and working conditions of United States farm workers;
       (5) the results of a survey of individuals granted portable 
     H-2A status that describes their experiences with and their 
     feedback regarding the pilot program;
       (6) the results of a survey of registered agricultural 
     employers that describes their experiences with and their 
     feedback regarding the pilot program;
       (7) an assessment regarding whether the pilot program 
     should be continued and any recommendations for improving the 
     pilot program; and
       (8) findings and recommendations regarding effective 
     recruitment mechanisms, including the use of new technology--
       (A) to match workers with employers; and
       (B) to ensure compliance with applicable labor and 
     employment laws and regulations.

     SEC. 207. IMPROVING ACCESS TO PERMANENT RESIDENCE.

       (a) Worldwide Level.--Section 201(d)(1)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1151(d)(1)(A)) is 
     amended by striking ``140,000'' and inserting ``200,000''.
       (b) Visas for Farm Workers.--Section 203(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(b)) is 
     amended--
       (1) in paragraph (1) by striking ``28.6 percent of such 
     worldwide level'' and inserting ``40,040'';
       (2) in paragraph (2)(A) by striking ``28.6 percent of such 
     worldwide level'' and inserting ``40,040'';
       (3) in paragraph (3)--
       (A) in subparagraph (A)--
       (i) in the matter before clause (i), by striking ``28.6 
     percent of such worldwide level'' and inserting ``100,040''; 
     and
       (ii) by amending clause (iii) to read as follows:
       ``(iii) Other workers.--Other qualified immigrants who, at 
     the time of petitioning for classification under this 
     paragraph--

       ``(I) are capable of performing unskilled labor, not of a 
     temporary or seasonal nature, for which qualified workers are 
     not available in the United States; or
       ``(II) can demonstrate employment in the United States as 
     an H-2A nonimmigrant worker for at least 100 days in each of 
     at least 10 years or for at least 1,000 days within the 
     preceding 10-year period.'';

       (B) by amending subparagraph (B) to read as follows:
       ``(B) Visas allocated for other workers.--
       ``(i) In general.--Except as provided in clauses (ii) and 
     (iii), 60,000 of the visas made available under this 
     paragraph shall be reserved for qualified immigrants 
     described in subparagraph (A)(iii).
       ``(ii) Preference for agricultural workers.--Subject to 
     clause (iii), not fewer than 50,000 of the visas described in 
     clause (i) shall be reserved for--

       ``(I) qualified immigrants described in subparagraph 
     (A)(iii)(I) who will be performing agricultural labor or 
     services in the United States; and
       ``(II) qualified immigrants described in subparagraph 
     (A)(iii)(II).

       ``(iii) Exception.--If because of the application of clause 
     (ii), the total number of visas available under this 
     paragraph for a calendar quarter exceeds the number of 
     qualified immigrants who otherwise may be issued such a visa, 
     clause (ii) shall not apply to visas under this paragraph 
     during the remainder of such calendar quarter.
       ``(iv) No per country limits.--Visas described under clause 
     (ii) shall be issued without regard to the numerical 
     limitation under section 202(a)(2).''; and
       (C) by amending subparagraph (C) by striking ``An immigrant 
     visa'' and inserting ``Except for qualified immigrants 
     petitioning for classification under subparagraph 
     (A)(iii)(II), an immigrant visa'';
       (4) in paragraph (4), by striking ``7.1 percent of such 
     worldwide level'' and inserting ``9,940''; and
       (5) in paragraph (5)(A), in the matter before clause (i), 
     by striking ``7.1 percent of such worldwide level'' and 
     inserting ``9,940''.
       (c) Western Hemisphere Procedures.--The Secretary of 
     Homeland Security, in consultation with the Secretary of 
     Labor and the Secretary of State, may--
       (1) identify countries in the Western Hemisphere with large 
     flows of migration outside of normal trade and travel routes 
     to the United States; and
       (2) develop tools and resources and establish procedures to 
     connect prospective workers described in section 
     203(b)(3)(A)(iii) of the Immigration and Nationality Act (8 
     U.S.C. 1153(b)(3)(A)(iii)) from such countries to United 
     States employers seeking temporary workers to perform 
     agricultural labor or services.
       (d) Petitioning Procedure.--Section 204(a)(1)(E) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(E)) is 
     amended by inserting ``or 203(b)(3)(A)(iii)(II)'' after 
     ``203(b)(1)(A)''.
       (e) Dual 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)(a) of section 101(a)(15)(H)''.

    Subtitle B--Preservation and Construction of Farm Worker Housing

     SEC. 220. SHORT TITLE.

       This subtitle may be cited as the ``Strategy and Investment 
     in Rural Housing Preservation Act of 2022''.

     SEC. 221. NEW FARM WORKER HOUSING.

       Section 513(e) of the Housing Act of 1949 (42 U.S.C. 
     1483(e)) is amended by adding at the end the following:
       ``(e) Funding for Farm Worker Housing.--
       ``(1) Section 514 farm worker housing loans.--
       ``(A) Insurance authority.--The Secretary of Agriculture, 
     to the extent approved in appropriation Acts, may insure 
     loans under section 514 totaling not more than $20,000,000 
     during each of the fiscal years 2023 through 2032.
       ``(B) Authorization of appropriations.--There is authorized 
     to be appropriated $75,000,000 for each of the fiscal years 
     2023 through 2032 for the cost (as such term is defined in 
     section 502(5) of the Congressional Budget Act of 1974 (2 
     U.S.C. 661a(5))) of loans insured pursuant to subparagraph 
     (A).
       ``(2) Section 516 grants for farmworker housing.--There is 
     authorized to be appropriated $30,000,000 for each of the 
     fiscal years 2023 through 2032 for financial assistance 
     authorized under section 516.
       ``(3) Section 521 housing assistance.--There is authorized 
     to be appropriated $26,800,000 for each of the fiscal years 
     2023 through 2032 for--
       ``(A) rental assistance agreements entered into or renewed 
     pursuant to section 521(a)(2); or
       ``(B) agreements entered into in lieu of debt forgiveness 
     or payments for eligible households authorized under section 
     502(c)(5)(D).
       ``(4) Administrative expenses.--There is authorized to be 
     appropriated 5 percent of any amounts made available for the 
     housing assistance program under this section for any fiscal 
     year, which shall be used for administrative expenses for 
     such program.''.

     SEC. 222. LOAN AND GRANT LIMITATIONS.

       Section 514 of the Housing Act of 1949 (42 U.S.C. 1484) is 
     amended by inserting after subsection (c) the following:
       ``(d) Per Project Limitations on Assistance.--If the 
     Secretary, in making available assistance in any area under 
     this section or section 516, establishes a limitation on the 
     amount of assistance available per project, the limitation on 
     a grant or loan award per project shall not be less than 
     $5,000,000.''.

     SEC. 223. OPERATING ASSISTANCE SUBSIDIES.

       Section 521(a)(5) of the Housing Act of 1949 (42 U.S.C. 
     1490a(a)(5)) is amended--

[[Page S9699]]

       (1) in subparagraph (A) by striking ``migrant farmworkers'' 
     and inserting ``migrant farm workers or domestic farm labor 
     legally admitted to the United States and authorized to work 
     in agriculture'';
       (2) in subparagraph (B)--
       (A) by striking ``In any fiscal year'' and inserting the 
     following: ``
       ``(i) Housing for migrant farm workers.--In any fiscal 
     year'';
       (B) by inserting ``providing housing for migrant farm 
     workers'' after ``any project''; and
       (C) by adding at the end the following:
       ``(ii) Housing for other farm labor.--The assistance 
     provided under this paragraph in any fiscal year for any 
     project providing housing for domestic farm labor legally 
     admitted to the United States and authorized to work in 
     agriculture may not exceed an amount equal to 50 percent of 
     the operating costs for such project for such year, as 
     determined by the Secretary. The owner of such project does 
     not qualify for operating assistance unless the Secretary 
     certifies that--

       ``(I) such project was unoccupied or underutilized before 
     making units available to such farm labor; and
       ``(II) a grant under this section will not displace any 
     farm worker who is a United States worker.''; and

       (3) in subparagraph (D)--
       (A) by redesignating clauses (i) and (ii) as clause (ii) 
     and (iii), respectively; and
       (B) by inserting before clause (ii), as redesignated, the 
     following:
       ``(iii) The term `domestic farm labor' has the meaning 
     given such term in section 514(f)(3), except that 
     subparagraph (A) of such section shall not apply for purposes 
     of this paragraph.''.

     SEC. 224. RENTAL ASSISTANCE CONTRACT AUTHORITY.

       Section 521(d) of the Housing Act of 1949 (42 U.S.C. 
     1490a(d)) is amended--
       (1) in paragraph (1)--
       (A) by redesignating subparagraphs (B) and (C) as 
     paragraphs (C) and (D), respectively; and
       (B) by inserting after subparagraph (A) the following:
       ``(B) upon the request of an owner of a project financed 
     under section 514 or 515, the Secretary is authorized to 
     enter into renewal of such agreements for a period equal to 
     the shorter of 20 years or the term of the loan, subject to 
     amounts made available for such purpose in appropriations 
     Acts;''; and
       (2) by adding at the end the following:
       ``(3) If any rental assistance contract authority becomes 
     available because of the termination of assistance on behalf 
     of an assisted family--
       ``(A) at the option of the owner of the rental project, the 
     Secretary shall provide the owner a period of 6 months before 
     such assistance is made available pursuant to subparagraph 
     (B) during which the owner may use such assistance authority 
     to provide assistance of behalf of an eligible unassisted 
     family that--
       ``(i) is residing in the same rental project that the 
     assisted family resided in prior to such termination; or
       ``(ii) newly occupies a dwelling unit in such rental 
     project during such period; and
       ``(B) except for assistance used in accordance with 
     subparagraph (A), the Secretary shall use such remaining 
     authority to provide such assistance on behalf of eligible 
     families residing in other rental projects originally 
     financed under section 515 or under sections 514 and 516.''.

     SEC. 225. ELIGIBILITY FOR RURAL HOUSING VOUCHERS.

       Section 542 of the Housing Act of 1949 (42 U.S.C. 1490r) is 
     amended by adding at the end the following:
       ``(c) Eligibility of Households in Sections 514, 515, and 
     516 Projects.--The Secretary, in consultation with the Under 
     Secretary of Agriculture for Rural Development, may provide 
     rural housing vouchers under this section for any low-income 
     household (including households not receiving rental 
     assistance) residing in a property financed with a loan made 
     or insured under section 514 or 515 which has been prepaid 
     without restrictions imposed by the Secretary pursuant to 
     section 502(c)(5)(G)(ii)(I), has been foreclosed, or has 
     matured after September 30, 2005, or residing in a property 
     assisted under section 514 or 516 that is owned by a 
     nonprofit organization or public agency.''.

     SEC. 226. PERMANENT ESTABLISHMENT OF HOUSING PRESERVATION AND 
                   REVITALIZATION PROGRAM.

       Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) 
     is amended by adding at the end the following:

     ``SEC. 545. HOUSING PRESERVATION AND REVITALIZATION PROGRAM.

       ``(a) Establishment.--The Secretary shall carry out a 
     program that preserves and revitalizes multifamily rental 
     housing projects financed under section 515 or under sections 
     514 and 516.
       ``(b) Notice of Maturing Loans.--
       ``(1) To owners.--The Secretary shall provide annual 
     written notice to each owner of a property financed under 
     section 515 or under sections 514 and 516 that will mature 
     during the 4-year period beginning on the date on which such 
     notice is provided. Such notice shall set forth--
       ``(A) the options and financial incentives that are 
     available to facilitate the extension of the loan term; or
       ``(B) the option to decouple a rental assistance contract 
     pursuant to subsection (f).
       ``(2) To tenants.--
       ``(A) In general.--Not later than 2 years before the date 
     of maturity of a loan authorized under section 515 or under 
     sections 514 and 516 for real property, the owner of such 
     property who received a notice pursuant to paragraph (1) 
     shall provide written notice to each household residing in 
     such property to inform the household of--
       ``(i) the date of the loan maturity;
       ``(ii) the possible actions that may happen with respect to 
     the property on or after such date; and
       ``(iii) how to protect their right to reside in federally 
     assisted housing after such date.
       ``(B) Language.--Each notice provided under subparagraph 
     (A)--
       ``(i) shall be written in plain English; and
       ``(ii) shall be translated to other languages if the 
     relevant property is located in an area in which a 
     significant number of residents speak such other languages.
       ``(C) Notice template.--Not later than 1 year after the 
     date of the enactment of this section, the Under Secretary of 
     Agriculture for Rural Development, in consultation with the 
     Secretary of Housing and Urban Development, should publish a 
     template of a notice that owners may use to provide the 
     information required under this paragraph to their tenants.
       ``(c) Loan Restructuring.--Under the program carried out 
     under this section, the Secretary may restructure such 
     existing housing loans as the Secretary considers appropriate 
     to ensure that such projects have sufficient resources to 
     preserve the projects to provide safe and affordable housing 
     for low-income residents and farm laborers by--
       ``(1) reducing or eliminating interest;
       ``(2) deferring loan payments;
       ``(3) subordinating, reducing, or reamortizing loan debt; 
     and
       ``(4) providing other financial assistance, including 
     advances, payments, and incentives (including the ability of 
     owners to obtain reasonable returns on investment) required 
     by the Secretary.
       ``(d) Renewal of Rental Assistance.--If the Secretary 
     offers to restructure a loan pursuant to subsection (c), the 
     Secretary shall offer to renew the rental assistance contract 
     under section 521(a)(2) for a 20-year term, subject to annual 
     appropriations, if the property owner agrees to bring the 
     property up to such standards that will ensure its 
     maintenance as decent, safe, and sanitary housing for the 
     full term of the rental assistance contract.
       ``(e) Restrictive Use Agreements.--
       ``(1) Requirement.--As part of the preservation and 
     revitalization agreement for a project, the Secretary shall 
     obtain a restrictive use agreement that obligates the owner 
     to operate the project in accordance with the provisions 
     under this title.
       ``(2) Term.--
       ``(A) No extension of rental assistance contract.--Unless 
     the Secretary enters into a 20-year extension of the rental 
     assistance contract for the project, the term of the 
     restrictive use agreement for the project shall be equal to 
     the term of the restructured loan for the project.
       ``(B) Extension of rental assistance contract.--If the 
     Secretary enters into a 20-year extension of the rental 
     assistance contract for a project, the term of the 
     restrictive use agreement for the project shall be 20 years.
       ``(C) Termination.--The Secretary may terminate the 20-year 
     use restrictive use agreement for a project before the end of 
     its term if the 20-year rental assistance contract for the 
     project with the owner is terminated at any time for reasons 
     outside the owner's control.
       ``(f) Decoupling of Rental Assistance.--
       ``(1) Renewal of rental assistance contract.--If the 
     Secretary determines that a maturing loan for a project 
     cannot reasonably be restructured in accordance with 
     subsection (c) and the project was operating with rental 
     assistance under section 521, the Secretary may renew the 
     rental assistance contract, notwithstanding any provision of 
     section 521, for a term, subject to annual appropriations, of 
     at least 10 years but not more than 20 years.
       ``(2) Rents.--Any agreement to extend the term of the 
     rental assistance contract under section 521 for a project 
     shall obligate the owner to continue to maintain the project 
     as decent, safe and sanitary housing and to operate the 
     development in accordance with this title, except that rents 
     shall be based on the lesser of--
       ``(A) the budget-based needs of the project; or
       ``(B) the operating cost adjustment factor as a payment 
     standard as provided under section 524 of the Multifamily 
     Assisted Housing Reform and Affordability Act of 1997 (42 
     U.S.C. 1437 note).
       ``(g) Multifamily Housing Transfer Technical Assistance.--
     Under the program under this section, the Secretary may 
     provide grants to qualified non-profit organizations and 
     public housing agencies to provide technical assistance, 
     including financial and legal services, to borrowers under 
     loans under this title for multifamily housing to facilitate 
     the acquisition of such multifamily housing properties in 
     areas where the Secretary determines there is a risk of loss 
     of affordable housing.
       ``(h) Transfer of Rental Assistance.--After the loan or 
     loans for a rental project originally financed under section 
     515 or both sections 514 and 516 have matured or have been 
     prepaid and the owner has chosen not to restructure the loan 
     pursuant to subsection (c), a tenant residing in such project 
     shall have 18 months prior to loan maturation or

[[Page S9700]]

     prepayment to transfer the rental assistance assigned to the 
     tenant's unit to another rental project originally financed 
     under section 515 or both sections 514 and 516, and the owner 
     of the initial project may rent the tenant's previous unit to 
     a new tenant without income restrictions.
       ``(i) Administrative Expenses.--Of any amounts made 
     available for the program under this section for any fiscal 
     year, the Secretary may use not more than $1,000,000 for 
     administrative expenses for carrying out such program.
       ``(j) Authorization of Appropriations.--There is authorized 
     to be appropriated for the program under this section 
     $100,000,000 for each of the fiscal years 2023 through 
     2027.''.

     SEC. 227. AMOUNT OF VOUCHER ASSISTANCE.

       Notwithstanding any other provision of law, the amount of 
     the monthly assistance payment for the household on whose 
     behalf a rural housing voucher is provided pursuant to 
     section 542 of the Housing Act of 1949 (42 U.S.C. 1490r), 
     shall be determined in accordance with subsection (a) of such 
     section 542.

     SEC. 228. FUNDING FOR MULTIFAMILY TECHNICAL IMPROVEMENTS.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Department of Agriculture 
     $50,000,000 for fiscal year 2023, which shall be used to 
     improve the technology of the Department of Agriculture that 
     is used to process loans for multifamily housing and 
     otherwise managing such housing.
       (b) Availability of Funds.--The improvements authorized 
     under subsection (a) shall be made during the 5-year period 
     beginning upon the date that the amounts appropriated under 
     such subsection are available. Such amounts shall remain 
     available until the last day of such 5-year period.

     SEC. 229. PLAN FOR PRESERVING AFFORDABILITY OF RENTAL 
                   PROJECTS.

       (a) Plan.--Not later than 6 months after the date of the 
     enactment of this Act, the Secretary of Agriculture (referred 
     to in this section as the ``Secretary'') shall submit a 
     written plan to Congress for preserving the affordability for 
     low-income families of rental projects for which loans were 
     made under section 514 or 515 of the Housing Act of 1949 (42 
     U.S.C. 1484 and 1485) and avoiding the displacement of tenant 
     households. Such plan shall--
       (1) set forth specific performance goals and measures;
       (2) set forth the specific actions and mechanisms by which 
     such goals will be achieved;
       (3) set forth specific measurements by which progress 
     towards achievement of each goal can be measured;
       (4) provide for detailed reporting on outcomes; and
       (5) include any legislative recommendations to assist in 
     achievement of the goals under the plan.
       (b) Consultation.--
       (1) In general.--Not less frequently than quarterly, the 
     Secretary shall consult with the individuals described in 
     paragraph (2) to assist the Secretary--
       (A) in preserving the properties described in subsection 
     (a) through the housing preservation and revitalization 
     program authorized under section 545 of the Housing Act of 
     1949, as added by section 226; and
       (B) in implementing the plan required under subsection (a).
       (2) Consultees.--The individuals described in this 
     paragraph are--
       (A) a State Director of Rural Development for the 
     Department of Agriculture;
       (B) the Administrator for Rural Housing Service of the 
     Department of Agriculture;
       (C) 2 representatives of for-profit developers or owners of 
     multifamily rural rental housing;
       (D) 2 representatives of non-profit developers or owners of 
     multifamily rural rental housing;
       (E) 2 representatives of State housing finance agencies;
       (F) 2 representatives of tenants of multifamily rural 
     rental housing;
       (G) 1 representative of a community development financial 
     institution that is involved in preserving the affordability 
     of housing assisted under sections 514, 515, and 516 of the 
     Housing Act of 1949 (42 U.S.C. 1484, 1485, and 1486);
       (H) 1 representative of a nonprofit organization that 
     operates nationally and has actively participated in the 
     preservation of housing assisted by the Rural Housing Service 
     by conducting research regarding, and providing financing and 
     technical assistance for, preserving the affordability of 
     such housing;
       (I) 1 representative of low-income housing tax credit 
     investors;
       (J) 1 representative of regulated financial institutions 
     that finance affordable multifamily rural rental housing 
     developments; and
       (K) 2 representatives from non-profit organizations 
     representing farm workers, including one organization 
     representing farm worker women.
       (3) Conduct of consultations.--In consulting with the 
     individuals described in paragraph (2), the Secretary may 
     request that such individuals--
       (A) assist the Rural Housing Service of the Department of 
     Agriculture to improve estimates of the size, scope, and 
     condition of rental housing portfolio of the Service, 
     including the time frames for maturity of mortgages and costs 
     for preserving the portfolio as affordable housing;
       (B) review current policies and procedures of the Rural 
     Housing Service regarding--
       (i) the preservation of affordable rental housing financed 
     under sections 514, 515, 516, and 538 of the Housing Act of 
     1949 (42 U.S.C. 1484, 1485, 1486, and 1490);
       (ii) the housing preservation and revitalization program 
     authorized under section 545 of such Act, as added by section 
     226; and
       (iii) the rental assistance program;
       (C) make recommendations regarding improvements and 
     modifications to the policies and procedures referred to in 
     subparagraph (B); and
       (D) provide ongoing review of Rural Housing Service program 
     results.
       (4) Travel costs.--Any amounts made available for 
     administrative costs of the Department of Agriculture may be 
     used for costs of travel by individuals described in 
     paragraph (2) to carry out the activities described in 
     paragraph (3).

     SEC. 230. COVERED HOUSING PROGRAMS.

       Section 41411(a)(3) of the Violence Against Women Act of 
     1994 (34 U.S.C. 12491(a)(3)) is amended--
       (1) in subparagraph (O), by striking ``and'' at the end;
       (2) by redesignating subparagraph (P) as subparagraph (Q); 
     and
       (3) by inserting after subparagraph (O) the following:
       ``(P) rural development housing voucher assistance provided 
     by the Secretary of Agriculture pursuant to section 542 of 
     the Housing Act of 1949 (42 U.S.C. 1490r), without regard to 
     subsection (b) of such section, and applicable appropriation 
     Acts; and''.

     SEC. 231. ELIGIBILITY OF CERTIFIED WORKERS.

       Section 214(a) of the Housing and Community Development Act 
     of 1980 (42 U.S.C. 1436a(a)) is amended--
       (1) in paragraph (6), by striking ``or'' at the end;
       (2) by redesignating paragraph (7) as paragraph (8); and
       (3) by inserting after paragraph (6) the following:
       ``(7) an alien granted certified agricultural worker or 
     certified agricultural dependent status under title I of the 
     Affordable and Secure Food Act of 2022, but solely for 
     financial assistance made available pursuant to section 521 
     or 542 of the Housing Act of 1949 (42 U.S.C. 1490a and 
     1490r); or''.

           Subtitle C--Foreign Labor Recruiter Accountability

     SEC. 251. DEFINITIONS.

       In this subtitle:
       (1) Foreign labor recruiter.--The term ``foreign labor 
     recruiter'' means any person who performs foreign labor 
     recruiting activity in exchange for money or other valuable 
     consideration paid or promised to be paid, to recruit 
     individuals to work as nonimmigrant workers 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)), including 
     any person who performs foreign labor recruiting activity 
     wholly outside of the United States. Such term does not 
     include any entity of the United States Government or an 
     employer, or employee of an employer, who engages in foreign 
     labor recruiting activity solely to find employees for that 
     employer's own use, and without the participation of any 
     other foreign labor recruiter.
       (2) Foreign labor recruiting activity.--The term ``foreign 
     labor recruiting activity'' means recruiting, soliciting, or 
     related activities with respect to an individual who resides 
     outside of the United States in furtherance of employment in 
     the United States, including when such activity occurs wholly 
     outside of the United States.
       (3) Person.--The term ``person'' means any natural person 
     or any corporation, company, firm, partnership, joint stock 
     company or association or other organization or entity 
     (whether organized under law or not), including municipal 
     corporations.
       (4) Recruitment fees.--The term ``recruitment fees'' has 
     the meaning given to such term under section 22.1702 of title 
     22 of the Code of Federal Regulations, as in effect on the 
     date of enactment of this Act.

     SEC. 252. REGISTRATION OF FOREIGN LABOR RECRUITERS.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Labor, in 
     consultation with the Secretary of State and the Secretary of 
     Homeland Security, shall establish procedures for the 
     electronic registration of foreign labor recruiters engaged 
     in the recruitment of nonimmigrant workers 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)) to perform 
     agricultural labor or services in the United States.
       (b) Procedural Requirements.--The procedures described in 
     subsection (a) shall--
       (1) require the applicant to submit a sworn declaration--
       (A) stating the applicant's permanent place of residence or 
     principal place of business, as applicable;
       (B) describing the foreign labor recruiting activities in 
     which the applicant is engaged; and
       (C) including such other relevant information as the 
     Secretary of Labor and the Secretary of State may require;
       (2) include an expeditious means to update and renew 
     registrations;
       (3) include a process, which shall include the placement of 
     personnel at each United States diplomatic mission in 
     accordance with subsection (g)(2), to receive information 
     from the public regarding foreign labor recruiters who have 
     allegedly engaged in a foreign labor recruiting activity that 
     is prohibited under this subtitle;

[[Page S9701]]

       (4) include procedures for the receipt and processing of 
     complaints against foreign labor recruiters and for remedies, 
     including the revocation of a registration or the assessment 
     of fines upon a determination by the Secretary of Labor that 
     the foreign labor recruiter has violated the requirements 
     under this subtitle;
       (5) require the applicant to post a bond in an amount 
     sufficient to ensure the ability of the applicant to 
     discharge its responsibilities and ensure protection of 
     workers, including payment of wages; and
       (6) allow the Secretary of Labor and the Secretary of State 
     to consult with other appropriate Federal agencies to 
     determine whether any reason exists to deny registration to a 
     foreign labor recruiter or revoke such registration.
       (c) Attestations.--Foreign labor recruiters registering 
     under this subtitle shall attest and agree to abide by the 
     following requirements:
       (1) Prohibited fees.--The foreign labor recruiter, 
     including any agent or employee of such foreign labor 
     recruiter, shall not assess any recruitment fees on a worker 
     for any foreign labor recruiting activity.
       (2) Prohibition on false and misleading information.--The 
     foreign labor recruiter shall not knowingly provide 
     materially false or misleading information to any worker 
     concerning any matter required to be disclosed under this 
     subtitle.
       (3) Required disclosures.--The foreign labor recruiter 
     shall ascertain and disclose to the worker in writing in 
     English and in the primary language of the worker at the time 
     of the worker's recruitment, the following information:
       (A) The identity and address of the employer and the 
     identity and address of the person conducting the recruiting 
     on behalf of the employer, including each subcontractor or 
     agent involved in such recruiting.
       (B) A copy of the approved job order or work contract under 
     section 218 of the Immigration and Nationality Act (8 U.S.C. 
     1188), including all assurances and terms and conditions of 
     employment.
       (C) A statement, in a form specified by the Secretary--
       (i) describing the general terms and conditions associated 
     with obtaining an H-2A nonimmigrant visa and maintaining H-2A 
     nonimmigrant status;
       (ii) affirming the prohibition on the assessment of fees 
     described in paragraph (1), and explaining that such fees, if 
     paid by the employer, may not be passed on to the worker;
       (iii) describing the protections afforded the worker under 
     this subtitle, including procedures for reporting violations 
     to the Secretary of State, filing a complaint with the 
     Secretary of Labor, or filing a civil action; and
       (iv) describing the protections afforded the worker by 
     section 202 of the William Wilberforce Trafficking Victims 
     Protection Reauthorization Act of 2008 (8 U.S.C. 1375b), 
     including the telephone number for the national human 
     trafficking resource center hotline number.
       (4) Bond.--The foreign labor recruiter shall agree to 
     maintain a bond sufficient to ensure the ability of the 
     foreign labor recruiter to discharge its responsibilities and 
     ensure protection of workers, and to forfeit such bond in an 
     amount determined by the Secretary under subsections 
     (b)(1)(C)(ii) or (c)(2)(C) of section 253 for failure to 
     comply with the provisions under this subtitle.
       (5) Cooperation in investigation.--The foreign labor 
     recruiter shall agree to cooperate in any investigation under 
     section 253 by the Secretary or other appropriate 
     authorities.
       (6) No retaliation.--The foreign labor recruiter shall 
     agree to refrain from intimidating, threatening, restraining, 
     coercing, discharging, blacklisting or in any other manner 
     discriminating or retaliating against any worker or their 
     family members (including a former worker or an applicant for 
     employment) because such worker disclosed information to any 
     person based on a reason to believe that the foreign labor 
     recruiter, or any agent or subcontractee of such foreign 
     labor recruiter, is engaging or has engaged in a foreign 
     labor recruiting activity that does not comply with this 
     subtitle.
       (7) Employees, agents, and subcontractees.--The foreign 
     labor recruiter shall consent to be liable for the conduct of 
     any agents or subcontractees of any level in relation to the 
     foreign labor recruiting activity of the agent or 
     subcontractee to the same extent as if the foreign labor 
     recruiter had engaged in such conduct.
       (8) Enforcement.--If the foreign labor recruiter is 
     conducting foreign labor recruiting activity wholly outside 
     the United States, such foreign labor recruiter shall--
       (A) establish a registered agent in the United States who 
     is authorized to accept service of process on behalf of the 
     foreign labor recruiter for the purpose of any administrative 
     proceeding under this title or in any civil action in any 
     Federal or State court, if such service is made in accordance 
     with the appropriate Federal or State rules for service of 
     process, as applicable; and
       (B) as a condition of registration, consent to the 
     jurisdiction of any Federal or State court in a State where 
     recruited workers are placed.
       (d) Term of Registration.--Unless suspended or revoked, a 
     registration under this section shall be valid for 2 years.
       (e) Application Fee.--The Secretary of Labor shall require 
     a foreign labor recruiter that submits an application for 
     registration under this section to pay a reasonable fee, 
     sufficient to cover the full costs of carrying out the 
     registration activities under this subtitle.
       (f) Notification.--
       (1) Employer notification.--
       (A) In general.--Not less frequently than once every year, 
     an employer of H-2A workers shall provide the Secretary with 
     the names and addresses of all foreign labor recruiters 
     engaged to perform foreign labor recruiting activity on 
     behalf of the employer, whether the foreign labor recruiter 
     is to receive any economic compensation for such services, 
     and, if so, the identity of the person or entity who is 
     paying for the services.
       (B) Agreement to cooperate.--In addition to the 
     requirements of subparagraph (A), the employer shall--
       (i) provide to the Secretary the identity of any foreign 
     labor recruiter whom the employer has reason to believe is 
     engaging in foreign labor recruiting activities that do not 
     comply with this subtitle; and
       (ii) promptly respond to any request by the Secretary for 
     information regarding the identity of a foreign labor 
     recruiter with whom the employer has a contract or other 
     agreement.
       (2) Foreign labor recruiter notification.--A registered 
     foreign labor recruiter shall notify the Secretary, not less 
     frequently than once every year, of the identity of any 
     subcontractee, agent, or foreign labor recruiter employee 
     involved in any foreign labor recruiting activity for, or on 
     behalf of, the foreign labor recruiter.
       (g) Additional Responsibilities of the Secretary of 
     State.--
       (1) Lists.--The Secretary of State, in consultation with 
     the Secretary of Labor shall maintain and make publicly 
     available in written form and on the websites of United 
     States embassies in the official language of that country, 
     and on websites maintained by the Secretary of Labor, 
     regularly updated lists--
       (A) of foreign labor recruiters who hold valid 
     registrations under this section, including--
       (i) the name and address of the foreign labor recruiter;
       (ii) the countries in which such recruiters conduct 
     recruitment;
       (iii) the employers for whom recruiting is conducted;
       (iv) the occupations that are the subject of recruitment;
       (v) the States where recruited workers are employed; and
       (vi) the name and address of the registered agent in the 
     United States who is authorized to accept service of process 
     on behalf of the foreign labor recruiter; and
       (B) of foreign labor recruiters whose registration the 
     Secretary has revoked.
       (2) Personnel.--The Secretary of State shall ensure that 
     each United States diplomatic mission is staffed with a 
     person who shall be responsible for receiving information 
     from members of the public regarding potential violations of 
     the requirements applicable to registered foreign labor 
     recruiters and ensuring that such information is conveyed to 
     the Secretary of Labor for evaluation and initiation of an 
     enforcement action, if appropriate.
       (3) Visa application procedures.--The Secretary of State 
     shall ensure that consular officers issuing visas to 
     nonimmigrants under section 101(a)(1)(H)(ii)(a) of the 
     Immigration and Nationality Act (8 U.S.C. 
     11001(a)(1)(H)(ii)(a))--
       (A) provide to and review with the applicant, in the 
     applicant's language (or a language the applicant 
     understands), a copy of the information and resources 
     pamphlet required by section 202 of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008 (8 
     U.S.C. 1375b);
       (B) ensure that the applicant has a copy of the approved 
     job offer or work contract;
       (C) note in the visa application file whether the foreign 
     labor recruiter has a valid registration under this section; 
     and
       (D) if the foreign labor recruiter holds a valid 
     registration, review and include in the visa application 
     file, the foreign labor recruiter's disclosures required by 
     subsection (c)(3).
       (4) Data.--The Secretary of State shall make publicly 
     available online, on an annual basis, data disclosing the 
     gender, country of origin (and State, county, or province, if 
     available), age, wage, level of training, and occupational 
     classification, disaggregated by State, of nonimmigrant 
     workers 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)).

     SEC. 253. ENFORCEMENT.

       (a) Denial or Revocation of Registration.--
       (1) Grounds for denial or revocation.--The Secretary of 
     Labor shall deny an application for registration, or revoke a 
     registration, if the Secretary determines that the foreign 
     labor recruiter, or any agent or subcontractee of such 
     foreign labor recruiter--
       (A) knowingly made a material misrepresentation in the 
     registration application;
       (B) materially failed to comply with one or more of the 
     attestations provided under section 252(c); or
       (C) is not the real party in interest.
       (2) Notice.--Before denying an application for registration 
     or revoking a registration under this subsection, the 
     Secretary of Labor shall provide written notice of the intent 
     to deny or revoke the registration to

[[Page S9702]]

     the foreign labor recruiter. Such notice shall--
       (A) articulate with specificity all grounds for denial or 
     revocation; and
       (B) provide the foreign labor recruiter with not less than 
     60 days to respond.
       (3) Re-registration.--A foreign labor recruiter whose 
     registration was revoked under subsection (a) may re-register 
     if the foreign labor recruiter demonstrates, to the Secretary 
     of Labor's satisfaction, that the foreign labor recruiter--
       (A) has not violated any requirement under this subtitle 
     during the 5 year-period immediately preceding the date on 
     which an application for registration was filed; and
       (B) has taken sufficient steps to prevent future violations 
     of this subtitle.
       (b) Administrative Enforcement.--
       (1) Complaint process.--
       (A) Filing.--A complaint may be filed with the Secretary of 
     Labor, in accordance with the procedures established under 
     section 252(b)(4) not later than 2 years after the earlier 
     of--
       (i) the date on which the last action constituting the 
     conduct that is the subject of the complaint took place; or
       (ii) the date on which the aggrieved party had actual 
     knowledge of such conduct.
       (B) Decision and penalties.--If the Secretary of Labor 
     determines, after notice and an opportunity for a hearing, 
     that a foreign labor recruiter failed to comply with any of 
     the requirements under this subtitle, the Secretary of Labor 
     may--
       (i) levy a fine against the foreign labor recruiter in an 
     amount not more than--

       (I) $10,000 per violation; and
       (II) $25,000 per violation, upon the third violation;

       (ii) order the forfeiture (or partial forfeiture) of the 
     bond and release of as much of the bond as the Secretary 
     determines is necessary for the worker to recover prohibited 
     recruitment fees;
       (iii) refuse to issue or renew a registration, or revoke a 
     registration; or
       (iv) disqualify the foreign labor recruiter from 
     registration for a period of up to 5 years, or in the case of 
     a subsequent finding involving willful or multiple material 
     violations, permanently disqualify the foreign labor 
     recruiter from registration.
       (2) Authority to ensure compliance.--The Secretary of Labor 
     is authorized to take other such actions, including issuing 
     subpoenas and seeking appropriate injunctive relief, as may 
     be necessary to assure compliance with the terms and 
     conditions of this subtitle.
       (3) Statutory construction.--Nothing in this subsection may 
     be construed as limiting the authority of the Secretary of 
     Labor to conduct an investigation--
       (A) under any other law, including any law affecting 
     migrant and seasonal agricultural workers; or
       (B) in the absence of a complaint.
       (c) Civil Action.--
       (1) In general.--The Secretary of Labor or any person 
     aggrieved by a violation of this subtitle may bring a civil 
     action against any foreign labor recruiter, or any employer 
     that does not meet the requirements under subsection (d)(1), 
     in any court of competent jurisdiction--
       (A) to seek remedial action, including injunctive relief; 
     and
       (B) for damages in accordance with the provisions of this 
     subsection.
       (2) Award for civil action filed by an individual.--
       (A) In general.--If a court finds, in a civil action filed 
     by an individual under paragraph (1), that the defendant has 
     violated any provision of this subtitle, the court may 
     award--
       (i) damages, up to and including an amount equal to the 
     amount of actual damages, and statutory damages of up to 
     $1,000 per plaintiff per violation, or other equitable 
     relief, except that with respect to statutory damages--

       (I) multiple infractions of a single provision of this 
     subtitle (or of a regulation under this subtitle) shall 
     constitute only one violation for purposes of this subsection 
     to determine the amount of statutory damages due a plaintiff; 
     and
       (II) if such complaint is certified as a class action the 
     court may award--

       (aa) damages up to an amount equal to the amount of actual 
     damages; and
       (bb) statutory damages of not more than the lesser of up to 
     $1,000 per class member per violation, or up to $500,000; and 
     other equitable relief;
       (ii) reasonable attorneys' fees and costs; and
       (iii) such other and further relief as necessary to 
     effectuate the purposes of this subtitle.
       (B) Criteria.--In determining the amount of statutory 
     damages to be awarded under subparagraph (A), the court may 
     consider whether an attempt was made to resolve the issues in 
     dispute before the resort to litigation.
       (C) Bond.--To satisfy the damages, fees, and costs found 
     owing under this paragraph, the Secretary shall release as 
     much of the bond held pursuant to section 252(c)(4) as is 
     necessary.
       (3) Sums recovered in actions by the secretary of labor.--
       (A) Establishment of account.--There is established in the 
     general fund of the Treasury a separate account, which shall 
     be known as the ``H-2A Foreign Labor Recruiter Compensation 
     Account''. Notwithstanding any other provisions of law, there 
     shall be deposited, as offsetting receipts into such account, 
     all sums recovered in an action by the Secretary of Labor 
     under this subsection.
       (B) Use of funds.--Amounts deposited into the H-2A Foreign 
     Labor Recruiter Compensation Account shall be paid directly 
     to each worker affected by a violation under this subtitle. 
     Any such sums not paid to a worker because of inability to do 
     so within a period of 5 years following the date such funds 
     are deposited into the account shall remain available to the 
     Secretary until expended. The Secretary may transfer all or a 
     portion of such remaining sums to appropriate agencies to 
     support the enforcement of the laws prohibiting the 
     trafficking and exploitation of persons or programs that aid 
     trafficking victims.
       (d) Employer Safe Harbor.--
       (1) In general.--An employer that hires workers referred by 
     a foreign labor recruiter with a valid registration at the 
     time of hiring shall not be held jointly liable for a 
     violation committed solely by a foreign labor recruiter under 
     this subtitle--
       (A) in any administrative action initiated by the Secretary 
     concerning such violation; or
       (B) in any Federal or State civil court action filed 
     against the foreign labor recruiter by or on behalf of such 
     workers or other aggrieved party under this subtitle.
       (2) Rule of construction.--Nothing in this subtitle may be 
     construed to prohibit an aggrieved party or parties from 
     bringing a civil action for violations of this subtitle or 
     any other Federal or State law against any employer who hired 
     workers referred by a foreign labor recruiter--
       (A) without a valid registration at the time of hire; or
       (B) with a valid registration if the employer knew or 
     learned of the violation and failed to report such violation 
     to the Secretary of Labor.
       (e) Parole To Pursue Relief.--If other immigration relief 
     is not available, the Secretary of Homeland Security may 
     grant parole to permit an individual to remain legally in the 
     United States for time sufficient to fully and effectively 
     participate in all legal proceedings related to any action 
     taken pursuant to subsection (b) or (c) or section 202, 204, 
     or 206.
       (f) Waiver of Rights.--Agreements by employees purporting 
     to waive or to modify their rights under this subtitle shall 
     be void as contrary to public policy.
       (g) Liability for Agents.--Foreign labor recruiters shall 
     be subject to the provisions of this section for violations 
     committed by the foreign labor recruiter's agents or 
     subcontractees of any level in relation to their foreign 
     labor recruiting activity to the same extent as if the 
     foreign labor recruiter had committed such a violation.

     SEC. 254. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated such sums as may be 
     necessary for the Secretary of Labor and the Secretary of 
     State to carry out the provisions of this subtitle.

      TITLE III--ELECTRONIC VERIFICATION OF EMPLOYMENT ELIGIBILITY

     SEC. 301. ELECTRONIC EMPLOYMENT ELIGIBILITY VERIFICATION 
                   SYSTEM.

       (a) In General.--Chapter 8 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1321 et seq.) is amended by 
     inserting after section 274D the following:

     ``SEC. 274E. REQUIREMENTS FOR THE ELECTRONIC VERIFICATION OF 
                   EMPLOYMENT ELIGIBILITY.

       ``(a) Employment Eligibility Verification System.--
       ``(1) In general.--The Secretary of Homeland Security 
     (referred to in this section as the `Secretary') shall 
     establish and administer an electronic verification system 
     (referred to in this section as the `System'), patterned on 
     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) (as in effect on the day before 
     the effective date described in section 303(a)(4) of the 
     Affordable and Secure Food Act of 2022), and using the 
     employment eligibility confirmation system established under 
     section 404 of such Act (8 U.S.C. 1324a note) (as so in 
     effect) as a foundation, through which the Secretary shall--
       ``(A) respond to legitimate inquiries made by persons or 
     entities seeking to verify the identity and employment 
     authorization of individuals that such persons or entities 
     have hired, or to recruit or refer for a fee, for employment 
     in the United States; and
       ``(B) maintain records of the inquiries that were made, and 
     of verifications provided (or not provided) to such persons 
     or entities as evidence of compliance with the requirements 
     of this section.
       ``(2) Initial response deadline.--
       ``(A) In general.--The System shall provide confirmation or 
     a tentative nonconfirmation of an individual's identity and 
     employment authorization as soon as practicable, but not 
     later than 3 calendar days after the initial inquiry.
       ``(B) Extension of time period.--If a person or other 
     entity attempts in good faith to make an inquiry through the 
     System during a period in which the System is offline due to 
     a technical issue, a natural disaster, or another reason, the 
     System shall provide the confirmation or nonconfirmation 
     required under subparagraph (A) as soon as practicable after 
     the System becomes fully operational.
       ``(3) General design and operation of system.--The 
     Secretary shall design and operate the System--

[[Page S9703]]

       ``(A) using responsive web design and other technology 
     approaches to maximize its ease of use and accessibility for 
     users on a variety of electronic devices and screen sizes, 
     and in remote locations;
       ``(B) to maximize the accuracy of responses to inquiries 
     submitted by persons or entities;
       ``(C) to maximize the reliability of the System and to 
     register each instance when the System is unable to receive 
     inquiries;
       ``(D) to maintain and safeguard the privacy and security of 
     the personally identifiable information maintained by or 
     submitted to the System, in accordance with applicable law;
       ``(E) to provide direct notification of an inquiry to an 
     individual with respect to whom the inquiry is made, 
     including the results of such inquiry, and information 
     related to the process for challenging the results, in cases 
     in which the individual has established a user account as 
     described in paragraph (4)(B) or an electronic mail or 
     messaging address for the individual is submitted by the 
     person or entity at the time the inquiry is made; and
       ``(F) to maintain appropriate administrative, technical, 
     and physical safeguards to prevent misuse of the System and 
     unfair immigration-related employment practices.
       ``(4) Measures to prevent identity theft and other forms of 
     fraud.--To prevent identity theft and other forms of fraud, 
     the Secretary shall design and operate the System with the 
     following attributes:
       ``(A) Photo matching tool.--The System shall display a 
     digital photograph of the individual, if available, that 
     corresponds to the document presented by an individual to 
     establish identity and employment authorization so that the 
     person or entity that makes an inquiry can compare the 
     photograph displayed by the System to the photograph on the 
     document presented by the individual. The individual may not 
     be deemed ineligible for employment solely for failure to 
     match using the photo matching tool. The verification of an 
     individual's employment eligibility shall be made based on 
     the totality of the information available.
       ``(B) Individual monitoring and suspension of identifying 
     information.--The System shall enable individuals to 
     establish user accounts, after authentication of an 
     individual's identity, that would allow each individual--
       ``(i) to confirm the individual's own employment 
     authorization;
       ``(ii) to receive electronic notification when the 
     individual's Social Security account number or other 
     personally identifying information has been submitted to the 
     System;
       ``(iii) to monitor the use history of the individual's 
     personally identifying information in the System, including 
     the identities of all persons or entities that have submitted 
     such identifying information to the System, the date of each 
     query run, and the System response for each query run;
       ``(iv) to suspend or limit the use of the individual's 
     Social Security account number or other personally 
     identifying information for purposes of the System; and
       ``(v) to provide notice to the Department of Homeland 
     Security of any suspected identity fraud or other improper 
     use of personally identifying information.
       ``(C) Blocking misused social security account numbers.--
       ``(i) In general.--The Secretary, in consultation with the 
     Commissioner of Social Security (referred to in this section 
     as the `Commissioner'), shall issue, after publication in the 
     Federal Register and an opportunity for public comment, a 
     final rule establishing a process by which Social Security 
     account numbers that have been identified to be subject to 
     unusual multiple use in the System or that are otherwise 
     suspected or determined to have been compromised by identity 
     fraud or other misuse, will be blocked from use in the System 
     unless an individual using such a number establishes, through 
     secure and fair procedures, that the individual is the 
     legitimate holder of such number.
       ``(ii) Continuation of existing self lock system.--During 
     the period in which the Commissioner of Social Security is 
     developing the process required under clause (i), the 
     Commissioner shall maintain the Self Lock system that permits 
     individuals to prevent unauthorized users from using their 
     Social Security account numbers to confirm employment 
     authorization through E-Verify.
       ``(iii) Notice.--If the Secretary blocks or suspends a 
     Social Security account number pursuant to this subparagraph, 
     the Secretary shall provide notice to the persons or entities 
     that have made inquiries to the System using such account 
     number that the identity and employment authorization of the 
     individual who provided such account number must be re-
     verified.
       ``(D) Additional identity authentication tool.--The 
     Secretary shall develop additional security measures to 
     adequately verify the identity of an individual whose 
     identity may not be verified using the photo matching tool 
     described in subparagraph (A). Such additional security 
     measures shall be--
       ``(i) kept up-to-date with technological advances;
       ``(ii) designed to provide a high level of certainty with 
     respect to identity authentication; and
       ``(iii) designed to safeguard the individual's privacy and 
     civil liberties.
       ``(E) Child-lock pilot program.--The Secretary, in 
     consultation with the Commissioner, shall establish a 
     reliable, secure program, on a limited, pilot basis, for 
     suspending or limiting the use of the Social Security account 
     number or other personally identifying information of 
     children for purposes of the System.
       ``(5) Responsibilities of the commissioner of social 
     security.--The Commissioner--
       ``(A) , in consultation with the Secretary, shall establish 
     a reliable, secure method that, within the periods specified 
     in paragraph (2) and subsection (b)(4)(D)(i)(II), compares 
     the name and Social Security account number provided in an 
     inquiry against such information maintained by the 
     Commissioner in order to validate (or not validate)--
       ``(i) the information provided by the person or entity with 
     respect to an individual whose identity and employment 
     authorization the person or entity seeks to confirm;
       ``(ii) the correspondence of the name and number; and
       ``(iii) whether the individual has presented a Social 
     Security account number that is not valid for employment;
       ``(B) may not disclose or release Social Security 
     information (other than such confirmation or nonconfirmation) 
     under the System except as provided under this section;
       ``(C) shall coordinate and provide the Department of 
     Homeland Security with access to the Social Security 
     Administration's systems that are necessary to resolve 
     tentative nonconfirmations without direct Social Security 
     Administration involvement; and
       ``(D) shall establish electronic or call-in resolution 
     systems.
       ``(6) Responsibilities of the secretary of homeland 
     security.--
       ``(A) In general.--The Secretary shall establish a 
     reliable, secure method that, within the time periods 
     specified in paragraph (2) and subsection (b)(4)(D)(i)(II), 
     compares the name and identification or other authorization 
     number (or any other information determined relevant by the 
     Secretary) that are provided in an inquiry against such 
     information maintained or accessed by the Secretary in order 
     to validate (or not validate)--
       ``(i) the information provided;
       ``(ii) the correspondence of the name and number; and
       ``(iii) whether the individual is authorized to be employed 
     in the United States.
       ``(B) Training.--The Secretary shall provide and regularly 
     update required training and training materials on the use of 
     the System for persons and entities making inquiries.
       ``(C) Audit.--The Secretary shall provide for periodic 
     auditing of the System to detect and prevent misuse, 
     discrimination, fraud, and identity theft, to protect privacy 
     and assess System accuracy, and to preserve the integrity and 
     security of the information in the System.
       ``(D) Notice of system changes.--The Secretary shall 
     provide appropriate notification to persons and entities 
     registered in the System of any change made by the Secretary 
     or the Commissioner related to permitted and prohibited 
     documents, and use of the System.
       ``(7) Responsibilities of the secretary of state.--As part 
     of the System, the Secretary of State shall--
       ``(A) provide to the Secretary with access to passport and 
     visa information as needed to confirm that--
       ``(i) a passport or passport card presented under 
     subsection (b)(3)(A)(i) confirms the employment authorization 
     and identity of the individual presenting such document;
       ``(ii) a passport, passport card, or visa photograph 
     matches the Secretary of State's records; and
       ``(B) provide such assistance as the Secretary may request 
     to resolve tentative nonconfirmations or final 
     nonconfirmations relating to information described in 
     subparagraph (A).
       ``(8) Updating information.--The Commissioner, the 
     Secretary, and the Secretary of State shall--
       ``(A) update records in their custody in a manner that 
     promotes maximum accuracy of the System; and
       ``(B) provide a process for the prompt correction of 
     erroneous information, including instances in which it is 
     brought to their attention through the tentative 
     nonconfirmation review process under subsection (b)(4)(D).
       ``(9) Mandatory and voluntary system users.--
       ``(A) Mandatory users.--Except as otherwise provided under 
     Federal or State law, including sections 302 and 303 of the 
     Affordable and Secure Food Act of 2022, nothing in this 
     section may be construed to require the use of the System by 
     any person or entity hiring, recruiting, or referring for a 
     fee, an individual for employment in the United States.
       ``(B) Voluntary users.--Beginning after the date that is 30 
     days after the date on which final rules are published under 
     section 309(a) of the Affordable and Secure Food Act of 2022, 
     a person or entity may use the System on a voluntary basis to 
     seek verification of the identity and employment 
     authorization of individuals who the person or entity is 
     hiring, recruiting, or referring for a fee for employment in 
     the United States.
       ``(C) Process for non-users.--The employment verification 
     process for any person or entity hiring, recruiting, or 
     referring for a fee, an individual for employment in the 
     United States shall be governed by section 274A(b) unless the 
     person or entity--
       ``(i) is required by Federal or State law to use the 
     System; or

[[Page S9704]]

       ``(ii) has opted to use the System voluntarily in 
     accordance with subparagraph (B).
       ``(10) No fee for use or inclusion.--The Secretary may not 
     charge a fee to any individual, person, or entity to use the 
     System or to be included in the System.
       ``(11) System safeguards.--
       ``(A) Requirement to develop.--The Secretary, in 
     consultation with the Commissioner, the Secretary of State, 
     and other appropriate Federal officials, shall--
       ``(i) develop policies and procedures to ensure protection 
     of the privacy and security of personally identifiable 
     information and identifiers contained in the records accessed 
     or maintained by the System; and
       ``(ii) develop and deploy appropriate privacy and security 
     training for Federal employees accessing the records under 
     the System.
       ``(B) Privacy audits.--
       ``(i) In general.--The Secretary, acting through the Chief 
     Privacy Officer of the Department of Homeland Security, shall 
     conduct regular privacy audits of the policies and procedures 
     established pursuant to subparagraph (A), including--

       ``(I) any collection, use, dissemination, and maintenance 
     of personally identifiable information; and
       ``(II) any associated information technology systems.

       ``(ii) Reviews.--The Chief Privacy Officer shall--

       ``(I) review the results of the audits conducted pursuant 
     to clause (i); and
       ``(II) recommend to the Secretary any changes that may be 
     necessary to improve the privacy protections of the System.

       ``(C) Privacy and accuracy certification.--The Inspector 
     General of the Department of Homeland Security shall certify 
     to the Secretary, the Committee on the Judiciary of the 
     Senate, and the Committee on the Judiciary of the House of 
     Representatives that--
       ``(i) the System appropriately protects the privacy and 
     security of personally identifiable information and 
     identifiers contained in the records accessed or maintained 
     by the System;
       ``(ii) during 2 consecutive years beginning after the date 
     of the enactment of the Affordable and Secure Food Act of 
     2022, the System's error rate is not higher than the error 
     rate of the System during the preceding year; and
       ``(iii) specific steps are being taken to continue to 
     reduce such error rate.
       ``(D) Accuracy audits.--Beginning on November 30 of the 
     fiscal year beginning after the fiscal year during which the 
     certification was submitted pursuant to subparagraph (C), and 
     annually thereafter, the Inspector General of the Department 
     of Homeland Security shall submit a report to the Secretary, 
     the Committee on the Judiciary of the Senate, and the 
     Committee on the Judiciary of the House of Representatives 
     that--
       ``(i) describes in detail--

       ``(I) the error rate of the System during the previous 
     fiscal year; and
       ``(II) the methodology employed to prepare the report; and

       ``(ii) includes recommendations for how the System's error 
     rate may be reduced.
       ``(b) New Hires, Recruitment, and Referral.--
     Notwithstanding section 274A(b), the requirements referred to 
     in paragraphs (1)(B) and (3) of section 274A(a) are, in the 
     case of a person or entity that uses the System for the 
     hiring, recruiting, or referring for a fee, an individual for 
     employment in the United States, the following:
       ``(1) Individual attestation of employment authorization.--
     During the period beginning on the date on which an offer of 
     employment is accepted and ending on the date of hire, the 
     individual shall attest, under penalty of perjury on a form 
     designated by the Secretary, that the individual is 
     authorized to be employed in the United States by providing 
     on such form--
       ``(A) the individual's name and date of birth;
       ``(B) the individual's Social Security account number 
     (unless the individual has applied for and not yet been 
     issued such a number);
       ``(C) whether the individual is--
       ``(i) a citizen or national of the United States;
       ``(ii) an alien lawfully admitted for permanent residence; 
     or
       ``(iii) an alien who is otherwise authorized by the 
     Secretary to be employed in the United States; and
       ``(D) if the individual does not attest to United States 
     citizenship or nationality, such identification or other 
     authorization number established by the Department of 
     Homeland Security for the alien as the Secretary may specify.
       ``(2) Employer attestation after examination of 
     documents.--Not later than 3 business days after the date of 
     hire, the individual or entity shall attest, under penalty of 
     perjury on the form designated under paragraph (1), the 
     verification that the individual is not an unauthorized alien 
     by--
       ``(A) obtaining from the individual the information 
     described in paragraph (1) and recording such information on 
     the form;
       ``(B) examining--
       ``(i) a document described in paragraph (3)(A); or
       ``(ii) a document described in paragraph (3)(B) and a 
     document described in paragraph (3)(C); and
       ``(C) attesting that the information recorded on the form 
     is consistent with the documents examined.
       ``(3) Acceptable documents.--
       ``(A) Documents establishing employment authorization and 
     identity.--A document described in this subparagraph is an 
     individual's--
       ``(i) United States passport or passport card;
       ``(ii) permanent resident card that contains a photograph;
       ``(iii) foreign passport containing temporary evidence of 
     lawful permanent residence in the form of an official I-551 
     (or successor) stamp from the Department of Homeland Security 
     or a printed notation on a machine-readable immigrant visa;
       ``(iv) unexpired employment authorization document that 
     contains a photograph;
       ``(v) in the case of a nonimmigrant alien authorized to 
     engage in employment for a specific employer incident to 
     status, a foreign passport with Form I-94, Form I-94A, or 
     other documentation as designated by the Secretary specifying 
     the alien's nonimmigrant status as long as such status has 
     not yet expired and the proposed employment is not in 
     conflict with any restrictions or limitations identified in 
     the documentation;
       ``(vi) passport from the Federated States of Micronesia or 
     the Republic of the Marshall Islands with Form I-94, Form I-
     94A, or other documentation as designated by the Secretary, 
     indicating nonimmigrant admission under the Compact of Free 
     Association Between the United States and the Federated 
     States of Micronesia or the Republic of the Marshall Islands; 
     or
       ``(vii) another document designated by the Secretary, by 
     notice published in the Federal Register, if the document--

       ``(I) contains a photograph of the individual, biometric 
     identification data, and other personal identifying 
     information relating to the individual;
       ``(II) is evidence of authorization for employment in the 
     United States; and
       ``(III) contains security features to make it resistant to 
     tampering, counterfeiting, and fraudulent use.

       ``(B) Documents establishing identity.--A document 
     described in this subparagraph is--
       ``(i) an individual's driver's license or identification 
     card if the license or card--

       ``(I) was issued by a State or an outlying possession of 
     the United States;
       ``(II) contains a photograph and personal identifying 
     information relating to the individual; and
       ``(III) meets the requirements under section 202 of the 
     REAL ID Act of 2005 (division B of Public Law 109-13; 49 
     U.S.C. 30301 note) and complies with the travel rules under 
     the Western Hemisphere Travel Initiative;

       ``(ii) an individual's unexpired United States military 
     identification card;
       ``(iii) an individual's unexpired Native American tribal 
     identification document issued by a tribal entity recognized 
     by the Bureau of Indian Affairs; or
       ``(iv) a document establishing identity that the Secretary 
     determines, by notice published in the Federal Register, to 
     be acceptable for purposes of this subparagraph, if such 
     documentation contains--

       ``(I) a photograph of the individual and other personal 
     identifying information relating to the individual; and
       ``(II) security features to make it resistant to tampering, 
     counterfeiting, and fraudulent use.

       ``(C) Documents establishing employment authorization.--A 
     document described in this subparagraph is--
       ``(i) an individual's Social Security account number card 
     (other than such a card which specifies on its face that the 
     issuance of the card does not authorize employment in the 
     United States); or
       ``(ii) a document establishing employment authorization 
     that the Secretary determines, by notice published in the 
     Federal Register, to be acceptable for purposes of this 
     subparagraph if such documentation contains security features 
     to make it resistant to tampering, counterfeiting, and 
     fraudulent use.
       ``(D) Authority to prohibit use of certain documents.--If 
     the Secretary determines that any document or class of 
     documents described in subparagraph (A), (B), or (C) does not 
     reliably establish identity or employment authorization or is 
     being used fraudulently to an unacceptable degree, the 
     Secretary, by notice published in the Federal Register, may 
     prohibit or place conditions on the use of such document or 
     class of documents for purposes of this section.
       ``(E) Authority to waive photograph requirement.--The 
     Secretary, in the sole discretion of the Secretary, may 
     confirm the identity of an individual who submits a document 
     described in subparagraph (B)(iv) that does not contain a 
     photograph of the individual under exceptional circumstances, 
     including the individual's religious beliefs.
       ``(4) Use of the system to screen identity and employment 
     authorization.--
       ``(A) In general.--A person or entity that uses the System 
     for the hiring, recruiting, or referring for a fee an 
     individual for employment in the United States, during the 
     period described in subparagraph (B), shall submit an inquiry 
     through the System to seek confirmation of the identity and 
     employment authorization of the individual.
       ``(B) Confirmation period.--
       ``(i) In general.--Except as provided in clause (ii), and 
     subject to subsection (d), the confirmation period shall 
     begin on the date of hire and end on the date that is 3 
     business

[[Page S9705]]

     days after the date of hire, or such other reasonable period 
     as the Secretary may prescribe.
       ``(ii) Special rule.--The confirmation period of an alien 
     who is authorized to be employed in the United States and 
     provides evidence from the Social Security Administration 
     that the alien has applied for a Social Security account 
     number shall end 3 business days after the alien receives 
     such Social Security account number.
       ``(C) Confirmation.--A person or entity receiving 
     confirmation of an individual's identity and employment 
     authorization shall record such confirmation on the form 
     designated by the Secretary for purposes of paragraph (1).
       ``(D) Tentative nonconfirmation.--
       ``(i) In general.--In cases of tentative nonconfirmation, 
     the Secretary, in consultation with the Commissioner, shall 
     provide a process for--

       ``(I) an individual to contest the tentative 
     nonconfirmation not later than 10 business days after the 
     date of the receipt of the notice described in clause (ii); 
     and
       ``(II) the Secretary to issue a confirmation or final 
     nonconfirmation of an individual's identity and employment 
     authorization not later than 30 days after the Secretary 
     receives notice from the individual contesting a tentative 
     nonconfirmation.

       ``(ii) Notice.--Not later than 3 business days after 
     receiving a tentative nonconfirmation of an individual's 
     identity or employment authorization in the System, a person 
     or entity shall--

       ``(I) provide such individual with written notification--

       ``(aa) in a language understood by the individual;
       ``(bb) on a form designated by the Secretary; and
       ``(cc) that includes a description of the individual's 
     right to contest the tentative nonconfirmation; and

       ``(II) attest, under penalty of perjury, that the person or 
     entity provided (or attempted to provide) such notice to the 
     individual, who shall acknowledge receipt of such notice in a 
     manner specified by the Secretary.

       ``(iii) No contest.--

       ``(I) In general.--A tentative nonconfirmation shall become 
     final if, upon receiving the notice described in clause (ii), 
     the individual--

       ``(aa) refuses to acknowledge receipt of such notice;
       ``(bb) acknowledges in writing, in a manner specified by 
     the Secretary, that the individual will not contest the 
     tentative nonconfirmation; or
       ``(cc) fails to contest the tentative nonconfirmation 
     within the 10-business-day period beginning on the date the 
     individual received such notice.

       ``(II) Record of no contest.--The person or entity shall--

       ``(aa) indicate in the System that the individual refused 
     to acknowledge receipt of, or did not contest, the tentative 
     nonconfirmation; and
       ``(bb) specify the reason that the tentative 
     nonconfirmation became final under subclause (I).

       ``(III) Effect of failure to contest.--An individual's 
     failure to contest a tentative nonconfirmation shall not be 
     considered an admission of any fact with respect to any 
     violation of this Act or any other provision of law.

       ``(iv) Contest.--

       ``(I) In general.--An individual may contest a tentative 
     nonconfirmation by using the tentative nonconfirmation review 
     process under clause (i), not later than 10 business days 
     after receiving the notice described in clause (ii). Except 
     as provided in clause (iii), the nonconfirmation shall remain 
     tentative until a confirmation or final nonconfirmation is 
     provided by the System.
       ``(II) Prohibition on termination.--A person or entity may 
     not terminate employment or take any adverse employment 
     action against an individual for failure to obtain 
     confirmation of the individual's identity and employment 
     authorization until the person or entity receives a notice of 
     final nonconfirmation from the System. Nothing in this 
     subclause may be construed to prohibit an employer from 
     terminating the employment of the individual for any other 
     lawful reason.
       ``(III) Confirmation or final nonconfirmation.--The 
     Secretary, in consultation with the Commissioner, shall issue 
     notice of a confirmation or final nonconfirmation of the 
     individual's identity and employment authorization not later 
     than 30 days after the date on which the Secretary receives 
     notice from the individual contesting the tentative 
     nonconfirmation.
       ``(IV) Continuance.--If the relevant data needed to confirm 
     the identity of an individual is not maintained by the 
     Department of Homeland Security, the Social Security 
     Administration, or the Department of State, or if the 
     employee is unable to contact the Department of Homeland 
     Security or the Social Security Administration, the 
     Secretary, in the sole discretion of the Secretary, may place 
     the case in continuance.

       ``(E) Final nonconfirmation.--
       ``(i) Notice.--If a person or entity receives a final 
     nonconfirmation of an individual's identity or employment 
     authorization, the person or entity, not later than 5 
     business days after receiving such final nonconfirmation, 
     shall--

       ``(I) notify such individual of the final nonconfirmation 
     in writing, on a form designated by the Secretary, which 
     shall include information regarding the individual's right to 
     appeal the final nonconfirmation in accordance with 
     subparagraph (F); and
       ``(II) attest, under penalty of perjury, that the person or 
     entity provided (or attempted to provide) the notice to the 
     individual, who shall acknowledge receipt of such notice in a 
     manner designated by the Secretary.

       ``(ii) Termination or notification of continued 
     employment.--If a person or entity receives a final 
     nonconfirmation regarding an individual, the person or entity 
     may terminate employment of the individual. If the person or 
     entity does not terminate such employment pending appeal of 
     the final nonconfirmation, the person or entity shall notify 
     the Secretary of such fact through the System. Failure to 
     notify the Secretary in accordance with this clause shall be 
     deemed a violation of section 274A(a)(1)(A).
       ``(iii) Presumption of violation for continued 
     employment.--If a person or entity continues to employ an 
     individual after receipt of a final nonconfirmation, and an 
     appeal of the nonconfirmation is not pending, there shall be 
     a rebuttable presumption that the person or entity has 
     violated paragraphs (1)(A) and (2) of section 274A(a).
       ``(F) Appeal of final nonconfirmation.--
       ``(i) Administrative appeal.--The Secretary, in 
     consultation with the Commissioner and the Assistant Attorney 
     General for Civil Rights, shall develop a process by which an 
     individual may seek administrative review of a final 
     nonconfirmation. Such process shall--

       ``(I) permit the individual to submit additional evidence 
     establishing identity or employment authorization;
       ``(II) ensure prompt resolution of an appeal, including a 
     response to the appeal in all circumstances within 60 days; 
     and
       ``(III) permit the Secretary to impose a civil money 
     penalty equal to not more than $500 on any individual who 
     files a frivolous appeal or files an appeal for purposes of 
     delay.

       ``(ii) Compensation for lost wages resulting from 
     government error or omission.--

       ``(I) In general.--If, upon consideration of an appeal of a 
     final nonconfirmation, the Secretary determines that the 
     final nonconfirmation was issued in error, the Secretary 
     shall further determine whether the final nonconfirmation was 
     the result of government error or omission. If the Secretary 
     determines that the final nonconfirmation was solely the 
     result of Government error or omission and the individual was 
     terminated from employment, the Secretary shall compensate 
     the individual for lost wages.
       ``(II) Calculation of lost wages.--Lost wages shall be 
     calculated based on the wage rate and work schedule that were 
     in effect prior to the individual's termination. The 
     individual shall be compensated for lost wages beginning on 
     the first scheduled work day after employment was terminated 
     and ending 90 days after completion of the administrative 
     review process described in this subparagraph or the day the 
     individual is reinstated or obtains other employment, 
     whichever occurs first.
       ``(III) Limitation on compensation.--Compensation for lost 
     wages may not be awarded for any period during which the 
     individual was not authorized for employment in the United 
     States.
       ``(IV) Source of funds.--There is established in the 
     general fund of the Treasury, a separate account, which shall 
     be known as the `Electronic Verification Compensation 
     Account'. Monetary penalties collected pursuant to 
     subsections (f) and (g) shall be deposited in the Electronic 
     Verification Compensation Account and shall remain available 
     for purposes of providing compensation for lost wages under 
     this clause.

       ``(iii) Judicial review.--Not later than 30 days after the 
     dismissal of an appeal under this subparagraph, an individual 
     may seek judicial review of such dismissal in the United 
     States District Court in the jurisdiction in which the 
     employer resides or conducts business.
       ``(5) Retention of verification records.--
       ``(A) In general.--After completing the form designated by 
     the Secretary under paragraph (1) with respect to an 
     individual, a person or entity shall retain such form in 
     paper, microfiche, microfilm, electronic, or other format 
     deemed acceptable by the Secretary, and make such form 
     available for inspection by officers of the Department of 
     Homeland Security, the Department of Justice, or the 
     Department of Labor during the period beginning on the date 
     the verification is completed and ending on the later of--
       ``(i) the date that is 3 years after the date hire; or
       ``(ii) the date that is 1 year after the date on which such 
     individual's employment is terminated.
       ``(B) Copying of documentation permitted.--Notwithstanding 
     any other provision of law, a person or entity may, for the 
     purpose of complying with the requirements under this 
     section--
       ``(i) copy a document presented by an individual pursuant 
     to this subsection; and
       ``(ii) retain such copy.
       ``(c) Reverification of Previously Hired Individuals.--
       ``(1) Mandatory reverification.--A person or entity that 
     uses the System for the hiring, recruiting, or referring for 
     a fee an individual for employment in the United States shall 
     submit an inquiry through the System to verify the identity 
     and employment authorization of--

[[Page S9706]]

       ``(A) an individual with a limited period of employment 
     authorization, when such employment authorization expires;
       ``(B) an individual, not later than 10 days after receiving 
     a notification from the Secretary requiring the verification 
     of such individual pursuant to subsection (a)(4)(C); and
       ``(C) an individual employed by an employer required to 
     participate 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) by reason of 
     any Federal, State, or local law, Executive order, rule, 
     regulation, or delegation of authority, including employers 
     required to participate in such program by reason of Federal 
     acquisition laws (and regulations promulgated under such 
     laws, including the Federal Acquisition Regulation).
       ``(2) Reverification procedures.--The verification 
     procedures under subsection (b) shall apply to 
     reverifications under this subsection, except that employers 
     shall--
       ``(A) use a form designated by the Secretary for purposes 
     of this paragraph; and
       ``(B) retain the form in paper, microfiche, microfilm, 
     electronic, or other format approved by the Secretary, and 
     make the form available for inspection by officers of the 
     Department of Homeland Security, the Department of Justice, 
     or the Department of Labor during the period beginning on the 
     date the reverification commences and ending on the later 
     of--
       ``(i) the date that is 3 years after the date of 
     reverification; or
       ``(ii) the date that is 1 year after the date on which the 
     individual's employment is terminated.
       ``(d) Good Faith Compliance.--
       ``(1) In general.--Except as otherwise provided in this 
     subsection, a person or entity that uses the System is 
     considered to have complied with the requirements under this 
     section notwithstanding a technical failure of the System, or 
     other technical or procedural failure to meet such 
     requirement if there was a good faith attempt to comply with 
     such requirement.
       ``(2) Exception for failure to correct after notice.--
     Paragraph (1) shall not apply if--
       ``(A) the failure of the person or entity to meet a 
     requirement under this section is not de minimis;
       ``(B) the Secretary has provided notice to the person or 
     entity of such failure, including an explanation as to why 
     such failure is not de minimis;
       ``(C) the person or entity has been provided a period of 
     not less than 30 days (beginning after the date of the 
     notice) to correct such failure; and
       ``(D) the person or entity has not corrected such failure 
     voluntarily within such period.
       ``(3) Exception for pattern or practice violators.--
     Paragraph (1) shall not apply to a person or entity that has 
     engaged or is engaging in a pattern or practice of violations 
     of paragraph (1)(A) or (2) of section 274A(a).
       ``(4) Defense.--A person or entity that uses the System for 
     the hiring, recruiting, or referring for a fee an individual 
     for employment in the United States--
       ``(A) shall not be liable to a job applicant, an employee, 
     the Federal Government, or a State or local government, under 
     Federal, State, or local criminal or civil law, for any 
     employment-related action taken with respect to an employee 
     in good-faith reliance on information provided by the System; 
     and
       ``(B) shall be deemed to have established compliance with 
     its obligations under this section, absent a showing by the 
     Secretary, by clear and convincing evidence, that the 
     employer had knowledge that an employee is an unauthorized 
     alien.
       ``(e) Limitations.--
       ``(1) No national identification card.--Nothing in this 
     section may be construed to authorize, directly or 
     indirectly, the issuance or use of national identification 
     cards or the establishment of a national identification card.
       ``(2) Use of records.--Notwithstanding any other provision 
     of law, nothing in this section may be construed to permit or 
     allow any department, bureau, or other agency of the United 
     States Government to utilize any information, database, or 
     other records assembled under this section for any purpose 
     other than the verification of identity and employment 
     authorization of an individual or to ensure the secure, 
     appropriate, and non-discriminatory use of the System.
       ``(f) Penalties.--
       ``(1) In general.--Except as otherwise provided in this 
     subsection, the provisions of subsections (e) through (g) of 
     section 274A shall apply with respect to compliance with the 
     provisions under this section and penalties for noncompliance 
     for persons or entitles that use the System.
       ``(2) Cease and desist order with civil money penalties for 
     hiring, recruiting, and referral violations.--Notwithstanding 
     the civil money penalties set forth in section 274A(e)(4), 
     with respect to a violation of paragraph (1)(A) or (2) of 
     section 274A(a) by a person or entity that is subject to the 
     provisions under this section that has hired, recruited, or 
     referred for a fee, an individual for employment in the 
     United States, a cease and desist order--
       ``(A) shall require the person or entity to pay a civil 
     penalty in an amount, subject to subsection (d), that is 
     equal to--
       ``(i) not less than $2,500 and not more than $5,000 for 
     each unauthorized alien with respect to whom a violation of 
     either such subsection occurred;
       ``(ii) not less than $5,000 and not more than $10,000 for 
     each such alien in the case of a person or entity previously 
     subject to 1 order under this paragraph; or
       ``(iii) not less than $10,000 and not more than $25,000 for 
     each such alien in the case of a person or entity previously 
     subject to more than 1 order under this paragraph; and
       ``(B) may require the person or entity to take other 
     appropriate remedial action.
       ``(3) Order for civil money penalty for verification 
     violations.--Notwithstanding paragraphs (4) and (5) of 
     section 274A(e) and any other Federal law relating to civil 
     monetary penalties, any person or entity that is required to 
     comply with the provisions of this section that violates 
     section 274A(a)(1)(B) shall be required to pay a civil 
     penalty in an amount, subject to paragraphs (5), (6), and 
     (7), that is equal to not less than $1,000 and not more than 
     $25,000 for each individual with respect to whom such 
     violation occurred.
       ``(4) System use violation.--Failure by a person or entity 
     to utilize the System as required by law or providing 
     information to the System that the person or entity knows or 
     reasonably believes to be false, shall be treated as a 
     violation of section 274A(a)(1)(A).
       ``(5) Exemption from penalty for good faith violation.--
       ``(A) In general.--A person or entity that uses the System 
     is presumed to have acted with knowledge for purposes of 
     paragraphs (1)(A) and (2) of section 274A(a) if the person or 
     entity fails to make an inquiry to verify the identity and 
     employment authorization of the individual through the 
     System.
       ``(B) Good faith exemption.--In the case of imposition of a 
     civil penalty under paragraph (2)(A) with respect to a 
     violation of paragraph (1)(A) or (2) of section 274A(a) for 
     hiring or continuation of employment or recruitment or 
     referral by a person or entity, and in the case of imposition 
     of a civil penalty under paragraph (3) for a violation of 
     section 274A(a)(1)(B) for hiring or recruitment or referral 
     by a person or entity, the penalty otherwise imposed may be 
     waived or reduced if the person or entity establishes that 
     the person or entity acted in good faith.
       ``(6) Penalty adjustment factors.--For purposes of 
     paragraphs (2)(A) and (3), when assessing the level of civil 
     money penalties for a particular case, in addition to the 
     good faith of the person or entity being charged, due 
     consideration shall be given to factors such as the size of 
     the business, the seriousness of the violation, whether or 
     not the individual was an unauthorized alien, and the history 
     of previous violations, which factors may be aggravating, 
     mitigating, or neutral depending on the facts of each case.
       ``(7) Criminal penalty.--Notwithstanding section 274A(f)(1) 
     and the provisions of any other Federal law relating to fine 
     levels, any person or entity required to comply with the 
     provisions under this section that engages in a pattern or 
     practice of violations of paragraph (1) or (2) of section 
     274A(a)--
       ``(A) shall be fined not more than $5,000 for each 
     unauthorized alien with respect to whom such a violation 
     occurs;
       ``(B) shall imprisoned for not more than 18 months; or
       ``(C) shall subject to the fine under subparagraph (A) and 
     imprisonment under subparagraph (B).
       ``(8) Electronic verification compensation account.--Civil 
     money penalties collected pursuant to this subsection shall 
     be deposited in the Electronic Verification Compensation 
     Account for the purpose of compensating individuals for lost 
     wages as a result of a final nonconfirmation issued by the 
     System that was based on government error or omission, in 
     accordance with subsection (b)(4)(F)(ii)(IV).
       ``(9) Debarment.--
       ``(A) In general.--If the Secretary determines that a 
     person or entity is a repeat violator of paragraph (1)(A) or 
     (2) of section 274A(a) or has been convicted of a crime under 
     section 274A, such person or entity may be considered for 
     debarment from the receipt of Federal contracts, grants, or 
     cooperative agreements in accordance with the debarment 
     standards and pursuant to the debarment procedures set forth 
     in the Federal Acquisition Regulation.
       ``(B) No contract, grant, agreement.--If the Secretary or 
     the Attorney General determines that a person or entity 
     should be considered for debarment under this paragraph, and 
     such person or entity does not hold a Federal contract, grant 
     or cooperative agreement, the Secretary or the Attorney 
     General shall refer the matter to the Administrator of 
     General Services to determine whether to list the person or 
     entity on the List of Parties Excluded from Federal 
     Procurement and Nonprocurement Programs, and if so, for what 
     duration and under what scope.
       ``(C) Contract, grant, agreement.--If the Secretary or the 
     Attorney General determines that a person or entity should be 
     considered for debarment under this paragraph, and such 
     person or entity holds a Federal contract, grant, or 
     cooperative agreement, the Secretary or the Attorney 
     General--
       ``(i) shall advise all agencies or departments holding a 
     contract, grant, or cooperative agreement with the person or 
     entity of the Government's interest in having such person or 
     entity considered for debarment; and
       ``(ii) after soliciting and considering the views of all 
     such agencies and departments, may refer the matter to the 
     appropriate lead agency to determine whether to list the 
     person or entity on the List of Parties Excluded

[[Page S9707]]

     from Federal Procurement and Nonprocurement Programs, and if 
     so, for what duration and under what scope.
       ``(D) Review.--Any decision to debar a person or entity in 
     accordance with this subsection shall be reviewable pursuant 
     to part 9.4 of the Federal Acquisition Regulation.
       ``(10) Preemption.--This section preempts any State or 
     local law, ordinance, policy, or rule, including any criminal 
     or civil fine or penalty structure, relating to the hiring, 
     continued employment, or status verification for employment 
     eligibility purposes, of unauthorized aliens, except that a 
     State, locality, municipality, or political subdivision may 
     exercise its authority over business licensing and similar 
     laws as a penalty for failure to use the System as required 
     under this section.
       ``(g) Unfair Immigration-Related Employment Practices and 
     the System.--
       ``(1) In general.--In addition to the prohibitions on 
     discrimination set forth in section 274B, it is an unfair 
     immigration-related employment practice for a person or 
     entity, in the course of utilizing the System--
       ``(A) to use the System for screening an applicant before 
     the date of hire;
       ``(B) to terminate the employment of an individual or take 
     any adverse employment action with respect to that individual 
     due to a tentative nonconfirmation issued by the System;
       ``(C) to use the System to screen any individual for any 
     purpose other than confirmation of identity and employment 
     authorization in accordance with this section;
       ``(D) to use the System to verify the identity and 
     employment authorization of a current employee, including an 
     employee continuing in employment, other than for purposes of 
     reverification authorized under subsection (c);
       ``(E) to use the System to discriminate based on national 
     origin or citizenship status;
       ``(F) to willfully fail to provide an individual with any 
     notice required under this chapter;
       ``(G) to require an individual to make an inquiry under the 
     self-verification procedures described in subsection 
     (a)(4)(B) or to provide the results of such an inquiry as a 
     condition of employment, or hiring, recruiting, or referring; 
     or
       ``(H) to terminate the employment of an individual or take 
     any adverse employment action with respect to that individual 
     based upon the need to verify the identity and employment 
     authorization of the individual in accordance with subsection 
     (b).
       ``(2) Preemployment screening and background check.--
     Nothing in paragraph (1)(A) may be construed to preclude a 
     preemployment screening or background check that is required 
     or permitted under any other provision of law.
       ``(3) Civil money penalties for unfair immigration-related 
     employment practices involving system misuse.--
     Notwithstanding section 274B(g)(2)(B)(iv), the penalties that 
     may be imposed by an administrative law judge with respect to 
     a finding that a person or entity has engaged in an unfair 
     immigration-related employment practice described in 
     paragraph (1) are--
       ``(A) not less than $1,000 and not more than $4,000 for 
     each aggrieved individual;
       ``(B) in the case of a person or entity previously subject 
     to a single order under this paragraph, not less than $4,000 
     and not more than $10,000 for each aggrieved individual; and
       ``(C) in the case of a person or entity previously subject 
     to more than 1 order under this paragraph, not less than 
     $6,000 and not more than $20,000 for each aggrieved 
     individual.
       ``(4) Electronic verification compensation account.--
       ``(A) Use of civil monetary penalties.--Civil money 
     penalties collected under this subsection shall be deposited 
     into the Electronic Verification Compensation Account for the 
     purpose of compensating individuals for lost wages as a 
     result of a final nonconfirmation issued by the System that 
     was based on a Government error or omission described in 
     subsection (b)(4)(F)(ii)(IV).
       ``(B) Alternative use of funds.--Any amounts deposited into 
     the Electronic Verification Compensation Account pursuant to 
     subparagraph (A) that are not used within 5 years to 
     compensate individuals under such subparagraph shall be made 
     available to the Secretary and the Attorney General to 
     provide education to employers and employees regarding the 
     requirements, obligations, and rights under the System.
       ``(h) Clarification.--All rights and remedies provided 
     under any Federal, State, or local law relating to workplace 
     rights, including back pay, are available to an employee 
     despite--
       ``(1) the employee's status as an unauthorized alien during 
     or after the period of employment; or
       ``(2) the employer's or employee's failure to comply with 
     the requirements under this section.
       ``(i) Defined Term.--In this section, the term `date of 
     hire' means the date on which employment for pay or other 
     remuneration commences.''.
       (b) Conforming Amendment.--The table of contents for the 
     Immigration and Nationality Act (8 U.S.C. 1101 note) is 
     amended by inserting after the item relating to section 274D 
     the following:

``Sec. 274E. Requirements for the electronic verification of employment 
              eligibility.''.

     SEC. 302. MANDATORY ELECTRONIC VERIFICATION FOR THE 
                   AGRICULTURAL INDUSTRY.

       (a) Defined Term.--In this section, the term ``agricultural 
     employment'' means agricultural labor or services (as defined 
     in section 101(a)(15)(H)(ii) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)).
       (b) In General.--The requirements for the electronic 
     verification of identity and employment authorization 
     described in section 274E of the Immigration and Nationality 
     Act, as add by section 301, shall apply to a person or entity 
     hiring, recruiting, or referring for a fee an individual for 
     agricultural employment in the United States in accordance 
     with the effective dates set forth in subsection (c).
       (c) Effective Dates.--
       (1) Hiring.--The requirements described in subsection (b) 
     shall apply to a person or entity hiring an individual for 
     agricultural employment in the United States--
       (A) with respect to employers that, on the date of the 
     enactment of this Act, have 500 or more employees in the 
     United States, beginning on the later of--
       (i) the date that is 6 months after the date on which the 
     Secretary of Homeland Security makes the certification 
     required under section 274E(a)(11) of the Immigration and 
     Nationality Act, as added by section 301(a); or
       (ii) 6 years after the date of the enactment of this Act;
       (B) with respect to employers that, on the date of the 
     enactment of this Act, have 100 or more employees in the 
     United States, but fewer than 500 such employees, beginning 
     on the date that is 3 months after the date on which such 
     requirements are applicable to employers described in 
     subparagraph (A);
       (C) with respect to employers that, on the date of the 
     enactment of this Act, have 20 or more employees in the 
     United States, but fewer than 100 such employees, beginning 
     on the date that is 6 months after the date on which such 
     requirements are applicable to employers described in 
     subparagraph (A); and
       (D) with respect to employers that, on the date of the 
     enactment of this Act, have fewer than 20 employees in the 
     United States, beginning on the date that is 9 months after 
     the date on which such requirements are applicable to 
     employers described in subparagraph (A).
       (2) Recruiting and referring for a fee.--The requirements 
     under subsection (b) shall apply to any person or entity 
     recruiting or referring for a fee an individual for 
     agricultural employment in the United States on the date that 
     is 1 year after the completion of the application period 
     described in section 101(c).
       (3) Transition rule.--Except as required under subtitle A 
     of title IV of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1324a note), as in 
     effect on the day before the effective date described in 
     section 303(a)(4)), Executive Order 13465 (8 U.S.C. 1324a 
     note; relating to Government procurement), or any State law 
     requiring persons or entities to use 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), as in effect on the day before such effective date, 
     sections 274A and 274B of the Immigration and Nationality Act 
     (8 U.S.C. 1324a and 1324b) shall apply to a person or entity 
     hiring, recruiting, or referring an individual for employment 
     in the United States until the applicable effective date 
     under this subsection.
       (4) E-Verify voluntary users and others desiring early 
     compliance.--Nothing in this subsection may be construed to 
     prohibit persons or entities, including persons or entities 
     that have voluntarily elected to participate 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), as in effect on the day before the 
     effective date described in section 303(a)(4), from seeking 
     early compliance on a voluntary basis.
       (5) Delayed implementation.--The Secretary of Homeland 
     Security, in consultation with the Secretary of Agriculture, 
     may delay the effective dates described in paragraphs (1) and 
     (2) for a period not to exceed 180 days if the Secretary 
     determines, based on the most recent report described in 
     section 133 and other relevant data, that a significant 
     number of applications under section 101 remain pending.
       (d) Rural Access to Assistance for Tentative 
     Nonconfirmation Review Process.--
       (1) In general.--The Secretary of Homeland Security, in 
     coordination with the Secretary of Agriculture, and in 
     consultation with the Commissioner of Social Security, shall 
     create a process for individuals to seek assistance in 
     contesting a tentative nonconfirmation (as described in 
     section 274E(b)(4)(D) of the Immigration and Nationality Act, 
     as added by section 301(a), at local offices or service 
     centers of the Department of Agriculture.
       (2) Staffing and resources.--The Secretary of Homeland 
     Security and the Secretary of Agriculture shall ensure that 
     local offices and service centers of the Department of 
     Agriculture are staffed appropriately and have the resources 
     necessary to provide information and support to individuals 
     seeking the assistance described in paragraph (1), including 
     by facilitating communication between such individuals and 
     the Department of Homeland Security or the Social Security 
     Administration.

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       (3) Rule of construction.--Nothing in this subsection may 
     be construed to delegate authority or transfer responsibility 
     for reviewing and resolving tentative nonconfirmations from 
     the Secretary of Homeland Security and the Commissioner of 
     Social Security to the Secretary of Agriculture.
       (e) Document Establishing Employment Authorization and 
     Identity.--In accordance with section 274E(b)(3)(A)(vii) of 
     the Immigration and Nationality Act, as added by section 
     301(a), and not later than 1 year after the completion of the 
     application period described in section 101(c), the Secretary 
     of Homeland Security shall recognize documentary evidence of 
     certified agricultural worker status described in section 
     102(a)(2) as valid proof of employment authorization and 
     identity for purposes of section 274E(b)(3)(A) of such Act.

     SEC. 303. COORDINATION WITH E-VERIFY PROGRAM.

       (a) Repeal.--
       (1) In general.--Subtitle A of title IV of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1324a note) is repealed.
       (2) Clerical amendment.--The table of sections, in section 
     1(d) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996, is amended by striking the items 
     relating to subtitle A of title IV.
       (3) References.--Any reference in any Federal, State, or 
     local law, Executive order, rule, regulation, or delegation 
     of authority, or any document of, or pertaining to, the 
     Department of Homeland Security, Department of Justice, or 
     the Social Security Administration, to 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 to the employment eligibility confirmation system 
     established under section 404 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1324a note), is deemed to refer to the employment eligibility 
     confirmation system established under section 274E of the 
     Immigration and Nationality Act, as added by section 301(a).
       (4) Effective date.--This subsection, and the amendments 
     made by this subsection, shall take effect on the date that 
     is 30 days after the date on which final rules are published 
     pursuant to section 309(a).
       (b) Former E-Verify Mandatory Users, Including Federal 
     Contractors.--Beginning on the effective date set forth in 
     subsection (a)(4), the Secretary of Homeland Security shall 
     require employers required to participate 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) by reason of any Federal, State, or 
     local law, Executive order, rule, regulation, or delegation 
     of authority, including employers required to participate in 
     such program by reason of Federal acquisition laws (and 
     regulations promulgated under those laws, including the 
     Federal Acquisition Regulation), to comply with the 
     requirements under section 274E of the Immigration and 
     Nationality Act, as added by section 301(a) (and any 
     additional requirements of such Federal acquisition laws and 
     regulation) instead of any requirement to participate in the 
     E-Verify Program.
       (c) Former E-Verify Voluntary Users.--Beginning on the 
     effective date set forth in subsection (a)(4), the Secretary 
     of Homeland Security shall provide for the voluntary 
     compliance with the requirements under section 274E of the 
     Immigration and Nationality Act, as added by section 301(a), 
     by employers voluntarily electing to participate 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) before such effective date.

     SEC. 304. FRAUD AND MISUSE OF DOCUMENTS.

       Section 1546(b) of title 18, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``identification 
     document,'' and inserting ``identification document or 
     document intended to establish employment authorization,'';
       (2) in paragraph (2), by striking ``identification 
     document'' and inserting ``identification document or 
     document intended to establish employment authorization,''; 
     and
       (3) in the undesignated matter following paragraph (3) by 
     striking ``of section 274A(b)'' and inserting ``under section 
     274A(b) or 274E(b)''.

     SEC. 305. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Unlawful Employment of Aliens.--Section 274A of the 
     Immigration and Nationality Act (8 U.S.C. 1324a) is amended--
       (1) in subsection (a)(1)(B)--
       (A) by striking ``subsection (b) or (ii)'' and inserting 
     the following: "subsection (b); or
       ``(ii)''; and
       (B) in clause (ii), by striking ``subsection (b).'' and 
     inserting ``section 274E.''; and
       (2) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``The requirements referred'' and inserting 
     ``Except as provided in section 274E, the requirements 
     referred''.
       (b) Unfair Immigration-related Employment Practices.--
     Section 274B(a) of the Immigration and Nationality Act (8 
     U.S.C. 1324b(a)) is amended--
       (1) in paragraph (1)(B), by striking ``in the case of a 
     protected individual (as defined in paragraph (3)),'';
       (2) by striking paragraph (3); and
       (3) by inserting after paragraph (2) the following:
       ``(3) Misuse of verification system.--It is an unfair 
     immigration-related employment practice for a person or other 
     entity to misuse the verification system as described in 
     section 274E(g).''.

     SEC. 306. PROTECTION OF SOCIAL SECURITY ADMINISTRATION 
                   PROGRAMS.

       (a) Funding Under Agreement.--Effective for all fiscal 
     years beginning on or after October 1, 2023, the Commissioner 
     of Social Security and the Secretary of Homeland Security 
     shall ensure that an agreement is in place that--
       (1) provides funds to the Commissioner for the full costs 
     of the responsibilities of the Commissioner with respect to 
     employment eligibility verification, including 
     responsibilities described in this title and in the 
     amendments made by this title, such as--
       (A) acquiring, installing, and maintaining technological 
     equipment and systems necessary for the fulfillment of such 
     responsibilities, but only that portion of such costs that 
     are attributable exclusively to such responsibilities; and
       (B) responding to individuals who contest a tentative 
     nonconfirmation or administratively appeal a final 
     nonconfirmation provided with respect to employment 
     eligibility verification;
       (2) provides the funds required under paragraph (1) 
     annually in advance of the applicable quarter based on an 
     estimating methodology agreed to by the Commissioner and the 
     Secretary (except in such instances where the delayed 
     enactment of an annual appropriation may preclude such 
     quarterly payments); and
       (3) requires an annual accounting and reconciliation of the 
     actual costs incurred and the funds provided under such 
     agreement, which shall be reviewed by the Inspector General 
     of the Social Security Administration and the Inspector 
     General of the Department of Homeland Security.
       (b) Continuation of Employment Verification in Absence of 
     Timely Agreement.--
       (1) In general.--In any case in which the agreement 
     required under subsection (a) for any fiscal year beginning 
     on or after October 1, 2023, has not been reached as of 
     October 1 of such fiscal year, the latest agreement described 
     in such subsection shall be deemed in effect on an interim 
     basis for such fiscal year until such time as an agreement 
     required under subsection (a) is subsequently reached, except 
     that the terms of such interim agreement shall be modified to 
     adjust for inflation and any increase or decrease in the 
     volume of requests under the employment eligibility 
     verification system.
       (2) Notification requirements.--
       (A) In general.--Not later than October 1 of any fiscal 
     year during which an interim agreement applies under 
     paragraph (1), the Commissioner and the Secretary shall 
     notify the Committee on Finance of the Senate, the Committee 
     on the Judiciary of the Senate, the Committee on 
     Appropriations of the Senate, the Committee on Ways and Means 
     of the House of Representatives, the Committee on the 
     Judiciary of the House of Representatives, and the Committee 
     on Appropriations of the House of Representatives of the 
     failure to reach the agreement required under subsection (a) 
     for such fiscal year.
       (B) Quarterly notifications.--Until the agreement required 
     under subsection (a) has been reached for a fiscal year, the 
     Commissioner and the Secretary, not later than the end of 
     each 90-day period after October 1 of such fiscal year, shall 
     notify the congressional committees referred to in 
     subparagraph (A) of the status of negotiations between the 
     Commissioner and the Secretary in order to reach such an 
     agreement.

     SEC. 307. REPORT ON THE IMPLEMENTATION OF THE ELECTRONIC 
                   EMPLOYMENT VERIFICATION SYSTEM.

       Not later than 2 years after the date on which final rules 
     are published pursuant to section 309(a), and annually 
     thereafter, the Secretary of Homeland Security and the 
     Attorney General shall jointly submit a report to Congress 
     that includes--
       (1) an assessment of the accuracy rates of the responses of 
     the electronic employment verification system established 
     under section 274E of the Immigration and Nationality Act, as 
     added by section 301(a) (referred to in this section and 
     section 308 as the ``System''), including tentative and final 
     nonconfirmation notices issued to employment-authorized 
     individuals and confirmation notices issued to individuals 
     who are not employment-authorized;
       (2) an assessment of any challenges faced by persons or 
     entities (including small employers) in utilizing the System;
       (3) an assessment of any challenges faced by employment-
     authorized individuals who are issued tentative or final 
     nonconfirmation notices;
       (4) an assessment of the incidence of unfair immigration-
     related employment practices described in section 274E(g) of 
     the Immigration and Nationality Act, related to the use of 
     the System;
       (5) an assessment of the photo matching and other identity 
     authentication tools described in section 274E(a)(4) of the 
     Immigration and Nationality Act, including--
       (A) the accuracy rates of such tools;
       (B) the effectiveness of such tools at preventing identity 
     fraud and other misuse of identifying information;
       (C) any challenges faced by persons, entities, or 
     individuals utilizing such tools;
       (D) operation and maintenance costs associated with such 
     tools; and
       (E) the privacy and civil liberties safeguards associated 
     with such tools;

[[Page S9709]]

       (6) a summary of the activities and findings of the U.S. 
     Citizenship and Immigrations Services E-Verify Monitoring and 
     Compliance Branch (referred to in this paragraph as the 
     ``Branch''), or any successor office, including--
       (A) the number, types and outcomes of audits, internal 
     reviews, and other compliance activities initiated by the 
     Branch in the previous year;
       (B) the capacity of the Branch to detect and prevent 
     violations of section 274E(g) of the Immigration and 
     Nationality Act; and
       (C) an assessment of the degree to which persons and 
     entities misuse the System, including--
       (i) using the System before an individual's date of hire;
       (ii) failing to provide required notifications to 
     individuals;
       (iii) using the System to interfere with or otherwise 
     impede individuals' assertions of their rights under other 
     laws; and
       (iv) using the System for unauthorized purposes; and
       (7) an assessment of the impact of implementation of the 
     System in the agricultural industry and the use of the 
     verification system in agricultural industry hiring and 
     business practices.

     SEC. 308. MODERNIZING AND STREAMLINING THE EMPLOYMENT 
                   ELIGIBILITY VERIFICATION PROCESS.

       Not later than 1 year after the date of the enactment of 
     this Act, the Secretary of Homeland Security, in consultation 
     with the Commissioner of Social Security, shall submit a plan 
     to Congress for modernizing and streamlining the employment 
     eligibility verification process. Such plan shall include--
       (1) procedures to allow persons and entities to verify the 
     identity and employment authorization of newly hired 
     individuals where the in-person, physical examination of 
     identity and employment authorization documents is not 
     practicable;
       (2) a proposal to create a simplified employment 
     verification process that allows employers that utilize the 
     System--
       (A) to verify the identity and employment authorization of 
     individuals without having to complete and retain Form I-9, 
     Employment Eligibility Verification, in paper, electronic, or 
     any subsequent replacement form; and
       (B) to maintain evidence of an inspection of the employee's 
     eligibility to work; and
       (3) any other proposal that the Secretary determines would 
     simplify the employment eligibility verification process 
     without compromising the integrity or security of the System.

     SEC. 309. RULEMAKING; PAPERWORK REDUCTION ACT.

       (a) Rulemaking.--
       (1) Proposed rules.--Not later than 270 days before the end 
     of the application period described in section 101(c), the 
     Secretary of Homeland Security shall promulgate and publish 
     in the Federal Register proposed rules implementing this 
     title and the amendments made by this title.
       (2) Final rules.--The Secretary shall finalize the rules 
     promulgated pursuant to paragraph (1) not later than 180 days 
     after the date on which they are published in the Federal 
     Register.
       (b) Paperwork Reduction Act.--
       (1) In general.--The requirements under chapter 35 of title 
     44, United States Code, (commonly known as the ``Paperwork 
     Reduction Act'') shall apply to any action to implement this 
     title or the amendments made by this title.
       (2) Electronic forms.--All forms designated or established 
     by the Secretary that are necessary to implement this title 
     and the amendments made by this title--
       (A) shall be made available in paper or electronic formats; 
     and
       (B) shall be designed in such a manner to facilitate 
     electronic completion, storage, and transmittal.

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