[Congressional Record Volume 169, Number 130 (Thursday, July 27, 2023)]
[Senate]
[Pages S3766-S3767]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. THUNE (for himself, Ms. Klobuchar, Mr. Ricketts, and Mr. 
        Hickenlooper):
  S. 2705. A bill to grant States the authority to request additional 
nonimmigrant visas for foreign workers in their respective States, and 
for other purposes; to the Committee on the Judiciary.
  Mr. THUNE. Madam President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2705

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLES.

       This Act may be cited as the ``State Executive Authority 
     for Seasonal Occupations Needing Additional Labor Act'' or 
     the ``SEASONAL Act''.

     SEC. 2. STATE EXEMPTION AUTHORITY FOR SEASONAL OCCUPATIONS 
                   NEEDING ADDITIONAL LABOR.

       Section 214(g) of the Immigration and Nationality Act (8 
     U.S.C. 1184(g)) is amended by adding at the end the 
     following:
       ``(12)(A) Notwithstanding the numerical limitation set 
     forth in paragraph (1)(B), the Governor of any State may 
     submit a petition to the Secretary of Homeland Security and 
     the Secretary of Labor for the issuance of a specified number 
     of supplemental H-2B nonimmigrant visas in a fiscal year for 
     employers based in such State, employers based in such State 
     that have employees who work within a specified Standard 
     Occupational Classification Group (as defined by the 
     Department of Labor), or employers in a specific Economic 
     Development District designated by the Economic Development 
     Administration of the Department of Commerce that encompasses 
     any portion of such State if--
       ``(i) the number of applications for such visas received 
     from all employers exceeds such numerical limitation for such 
     fiscal year;
       ``(ii) the State had a seasonally adjusted unemployment 
     rate of not more than 3.5 percent in at least 9 of the 12 
     most recent monthly reports issued by the Bureau of Labor 
     Statistics;
       ``(iii) such Governor certifies that--
       ``(I) there is a persistent, unmet need for labor within 
     the State, the specified Standard Occupational Classification 
     Group in the

[[Page S3767]]

     State, or the specific Economic Development District in the 
     State; and
       ``(II) the allocation of additional H-2B nonimmigrant visas 
     pursuant to this paragraph--
       ``(aa) will not displace domestic workers; and
       ``(bb) will not negatively affect average wages in such 
     State; and
       ``(iv) employers who hire H-2B nonimmigrant workers 
     pursuant to this paragraph comply with any additional 
     requirements imposed by the Secretary of Labor, by 
     regulation.
       ``(B) The Secretary of Homeland Security, acting through 
     the Director of U.S. Citizenship and Immigration Services, 
     shall issue the supplemental H-2B nonimmigrant visas 
     requested by the Governor of a State pursuant to subparagraph 
     (A) to the extent that the applications for such visas 
     submitted by employers based in such State meet all 
     applicable requirements of the H-2B nonimmigrant visa 
     program.
       ``(C) If the number of employer applications from a State 
     exceed the number of H-2B nonimmigrant visas requested 
     pursuant to subparagraph (A), the Office of Foreign Labor 
     Certification shall randomly assign for processing all of the 
     remaining H-2B nonimmigrant visa applications and issue 
     supplemental visas to all qualified applicants until the 
     number of supplemental visas allocated to such State pursuant 
     to subparagraph (B) have been issued.
       ``(D) This paragraph shall cease to have force or effect on 
     the date that is 4 years after the date of the enactment of 
     the SEASONAL Act.
       ``(E) Nothing in this paragraph may be construed to 
     prohibit the legislature of any State from setting limits 
     with respect to supplemental H-2B nonimmigrant visas that the 
     Governor of such State may request, including--
       ``(i) limiting the number of such visas that may be 
     requested in a fiscal year; and
       ``(ii) limiting the allocation of such visas to H-2B 
     nonimmigrant workers who are employed--
       ``(I) within such State;
       ``(II) within specified Standard Occupational 
     Classification Groups; or
       ``(III) within specified Economic Development Districts.''.

     SEC. 3. ANNUAL REPORT.

       Not later than 15 months after the date of the enactment of 
     this Act, and annually thereafter until the date that is 4 
     years after such date of enactment, the Secretary of Homeland 
     Security and the Secretary of Labor shall submit a joint 
     report to Congress that includes, with respect to the 
     preceding year--
       (1) the number of supplemental H-2B nonimmigrant visas 
     issued pursuant to section 214(g)(12) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(g)(12)), disaggregated by the 
     State in which the recipients of such visas are working;
       (2) a breakdown of Standard Occupational Classification 
     Groups or Economic Development Districts for which 
     supplemental H-2B nonimmigrant visas were issued, 
     disaggregated by the State in which the recipients of such 
     visas are working;
       (3) an analysis of any effect caused by the issuance of 
     supplemental H-2B nonimmigrant visas that led to the 
     displacement of domestic workers or a reduction in the 
     average wages, disaggregated by State; and
       (4) an assessment of whether the issuance of supplemental 
     H-2B nonimmigrant visas led to increased economic 
     opportunities and productivity in the States in which the 
     recipients of such visas are working.

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