[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
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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
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(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.
[[Page S9708]]
(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.
____________________