[House Report 115-770]
[From the U.S. Government Publishing Office]


115th Congress   }                                   {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                   {        115-770
======================================================================



 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4760) TO AMEND THE 
IMMIGRATION LAWS AND THE HOMELAND SECURITY LAWS, AND FOR OTHER PURPOSES

                                _______
                                

   June 20, 2018.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. Burgess, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 952]

    The Committee on Rules, having had under consideration 
House Resolution 952, by a record vote of 7 to 3, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 4760, the 
Securing America's Future Act of 2018, under a closed rule. The 
resolution provides one hour of debate, with 40 minutes equally 
divided and controlled by the chair and ranking minority member 
of the Committee on the Judiciary and 20 minutes equally 
divided and controlled by the chair and ranking minority member 
of the Committee on Homeland Security. The resolution waives 
all points of order against consideration of the bill. The 
resolution provides that the amendment printed in this report 
shall be considered as adopted and the bill, as amended, shall 
be considered as read. The resolution waives all points of 
order against provisions in the bill, as amended. The 
resolution provides one motion to recommit.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the bill, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
provisions in the bill, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 239

    Motion by Mr. McGovern to strike the text of the rule and 
insert the text of H. Res. 774, Representative Denham's Queen 
of the Hill Resolution. Defeated: 3-7

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................          Nay   Mr. McGovern......................          Yea
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Burgess.....................................          Nay   Mr. Polis.........................  ............
Mr. Collins.....................................  ............  Mrs. Torres.......................          Yea
Mr. Byrne.......................................          Nay
Mr. Newhouse....................................          Nay
Mr. Buck........................................  ............
Ms. Cheney......................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

 Rules Committee record vote No. 240

    Motion by Mr. Hastings of Florida to make in order and 
provide the appropriate waivers to amendment #3, offered by 
Rep. Hastings (FL), which allows certain long-term Temporary 
Protected Status (TPS) holders to apply for Legal Permanent 
Residency in the United States. Defeated: 3-7

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................          Nay   Mr. McGovern......................          Yea
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Burgess.....................................          Nay   Mr. Polis.........................  ............
Mr. Collins.....................................  ............  Mrs. Torres.......................          Yea
Mr. Byrne.......................................          Nay
Mr. Newhouse....................................          Nay
Mr. Buck........................................  ............
Ms. Cheney......................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 241

    Motion by Mrs. Torres to make in order and provide the 
appropriate waivers to amendment #4, offered by Rep. Torres 
(CA), which strikes the bill and replace it with Rep. Nadler's 
``Keep Families Together Act'' which would keep families 
together, limit criminal prosecutions for asylum seekers, 
increase child welfare training, and establish a preference for 
family unity. Defeated: 3-7

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
 Mr. Cole.......................................          Nay   Mr. McGovern......................          Yea
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Burgess.....................................          Nay   Mr. Polis.........................  ............
Mr. Collins.....................................  ............  Mrs. Torres.......................          Yea
Mr. Byrne.......................................          Nay
Mr. Newhouse....................................          Nay
Mr. Buck........................................  ............
Ms. Cheney......................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 242

    Motion by Mrs. Torres to make in order and provide the 
appropriate waivers to amendment #12, offered by Rep. Roybal-
Allard (CA) and Rep. Torres (CA) and Rep. Polis (CO), which 
directs the Department of Homeland Security (DHS) to cancel 
removal and grant lawful permanent resident status on a 
conditional basis to an alien who is inadmissible or deportable 
or is in temporary protected status who meet certain criteria. 
Defeated: 3-7

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
 Mr. Cole.......................................          Nay   Mr. McGovern......................          Yea
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Burgess.....................................          Nay   Mr. Polis.........................  ............
Mr. Collins.....................................  ............  Mrs. Torres.......................          Yea
Mr. Byrne.......................................          Nay
Mr. Newhouse....................................          Nay
Mr. Buck........................................  ............
Ms. Cheney......................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 243

    Motion by Mr. Cole to report the rule. Adopted: 7-3

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
 Mr. Cole.......................................          Yea   Mr. McGovern......................          Nay
Mr. Woodall.....................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Burgess.....................................          Yea   Mr. Polis.........................  ............
Mr. Collins.....................................  ............  Mrs. Torres.......................          Nay
Mr. Byrne.......................................          Yea
Mr. Newhouse....................................          Yea
Mr. Buck........................................  ............
Ms. Cheney......................................          Yea
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

             SUMMARY OF THE AMENDMENT CONSIDERED AS ADOPTED

    1. Goodlatte (VA): Improves the ``H-2C'' agricultural 
guestworker program created by the bill by, among other things, 
streamlining the process by which unlawfully-present 
farmworkers can become H-2C workers and more quickly 
implementing the at-will component of the H-2C program. In 
addition, the amendment removes the bill's reference to the 
Religious Freedom Restoration Act.

                TEXT OF AMENDMENT CONSIDERED AS ADOPTED

  In division A, strike title II and insert the following:

                  TITLE II--AGRICULTURAL WORKER REFORM

SEC. 2101. SHORT TITLE.

  This title may be cited as--
          (1) the ``Agricultural Guestworker Act''; or
          (2) the ``AG Act''.

SEC. 2102. H-2C TEMPORARY AGRICULTURAL WORK VISA PROGRAM.

  (a) In General.--Section 101(a)(15)(H) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(H)) is amended by 
striking ``; or (iii)'' and inserting ``, or (c) who is coming 
temporarily to the United States to perform agricultural labor 
or services; or (iii)''.
  (b) Definition.--Section 101(a) of such Act (8 U.S.C. 
1101(a)) is amended by adding at the end the following:
  ``(53) The term `agricultural labor or services' has the 
meaning given such term by the Secretary of Agriculture in 
regulations and includes--
          ``(A) agricultural labor as defined in section 
        3121(g) of the Internal Revenue Code of 1986;
          ``(B) agriculture as defined in section 3(f) of the 
        Fair Labor Standards Act of 1938 (29 U.S.C. 203(f));
          ``(C) the handling, planting, drying, packing, 
        packaging, processing, freezing, or grading prior to 
        delivery for storage of any agricultural or 
        horticultural commodity in its unmanufactured state;
          ``(D) all activities required for the preparation, 
        processing or manufacturing of a product of agriculture 
        (as such term is defined in such section 3(f)), or fish 
        or shellfish, for further distribution;
          ``(E) forestry-related activities; and
          ``(F) aquaculture activities,
except that in regard to labor or services consisting of meat 
or poultry processing, the term `agricultural labor or 
services' only includes the killing of animals and the 
breakdown of their carcasses.''.

SEC. 2103. ADMISSION OF TEMPORARY H-2C WORKERS.

  (a) Procedure for Admission.--Chapter 2 of title II of the 
Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is 
amended by inserting after section 218 the following:

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

  ``(a) Definitions.--In this section and section 218B:
          ``(1) Displace.--The term `displace' means to lay off 
        a United States worker from the job for which H-2C 
        workers are sought.
          ``(2) Job.--The term `job' refers to all positions 
        with an employer that--
                  ``(A) involve essentially the same 
                responsibilities;
                  ``(B) are held by workers with substantially 
                equivalent qualifications and experience; and
                  ``(C) are located in the same place or places 
                of employment.
          ``(3) Employer.--The term `employer' includes a 
        single or joint employer, including an association 
        acting as a joint employer with its members, who hires 
        workers to perform agricultural labor or services.
          ``(4) Forestry-related activities.--The term 
        `forestry-related activities' includes tree planting, 
        timber harvesting, logging operations, brush clearing, 
        vegetation management, herbicide application, the 
        maintenance of rights-of-way (including for roads, 
        trails, and utilities), regardless of whether such 
        right-of-way is on forest land, and the harvesting of 
        pine straw.
          ``(5) H-2C worker.--The term `H-2C worker' means a 
        nonimmigrant described in section 101(a)(15)(H)(ii)(c).
          ``(6) Lay off.--
                  ``(A) In general.--The term `lay off'--
                          ``(i) means to cause a worker's loss 
                        of employment, other than through a 
                        discharge for inadequate performance, 
                        violation of workplace rules, cause, 
                        voluntary departure, voluntary 
                        retirement, or the expiration of a 
                        grant or contract (other than a 
                        temporary employment contract entered 
                        into in order to evade a condition 
                        described in paragraph (4) of 
                        subsection (b)); and
                          ``(ii) does not include any situation 
                        in which the worker is offered, as an 
                        alternative to such loss of employment, 
                        a similar position with the same 
                        employer at equivalent or higher wages 
                        and benefits than the position from 
                        which the employee was discharged, 
                        regardless of whether or not the 
                        employee accepts the offer.
                  ``(B) Construction.--Nothing in this 
                paragraph is intended to limit an employee's 
                rights under a collective bargaining agreement 
                or other employment contract.
          ``(7) United states worker.--The term `United States 
        worker' means any worker who is--
                  ``(A) a citizen or national of the United 
                States; or
                  ``(B) an alien who is lawfully admitted for 
                permanent residence, is admitted as a refugee 
                under section 207, or is granted asylum under 
                section 208.
          ``(8) Special procedures industry.--The term `special 
        procedures industry' includes sheepherding, goat 
        herding, and the range production of livestock, 
        itinerant commercial beekeeping and pollination, 
        itinerant animal shearing, and custom combining and 
        harvesting.
  ``(b) Petition.--An employer that seeks to employ aliens as 
H-2C workers under this section shall file with the Secretary 
of Homeland Security a petition attesting to the following:
          ``(1) Offer of employment.--The employer will offer 
        employment to the aliens on a contractual basis as H-2C 
        workers under this section for a specific period of 
        time during which the aliens may not work on an at-will 
        basis (as provided for in section 218B), and such 
        contract shall only be required to include a 
        description of each place of employment, period of 
        employment, wages and other benefits to be provided, 
        and the duties of the positions.
          ``(2) Temporary labor or services.--
                  ``(A) In general.--The employer is seeking to 
                employ a specific number of H-2C workers on a 
                temporary basis and will provide compensation 
                to such workers at a wage rate no less than 
                that set forth in subsection (j)(2).
                  ``(B) Definition.--For purposes of this 
                paragraph, a worker is employed on a temporary 
                basis if the employer intends to employ the 
                worker for no longer than the time period set 
                forth in subsection (m)(1) (subject to the 
                exceptions in subsection (m)(3)).
          ``(3) Benefits, wages, and working conditions.--The 
        employer will provide, at a minimum, the benefits, 
        wages, and working conditions required by subsection 
        (k) to all workers employed in the job for which the H-
        2C workers are sought.
          ``(4) Nondisplacement of united states workers.--The 
        employer did not displace and will not displace United 
        States workers employed by the employer during the 
        period of employment of the H-2C workers and during the 
        30-day period immediately preceding such period of 
        employment in the job for which the employer seeks 
        approval to employ H-2C workers.
          ``(5) Recruitment.--
                  ``(A) In general.--The employer--
                          ``(i) conducted adequate recruitment 
                        before filing the petition; and
                          ``(ii) was unsuccessful in locating 
                        sufficient numbers of willing and 
                        qualified United States workers for the 
                        job for which the H-2C workers are 
                        sought.
                  ``(B) Other requirements.--The recruitment 
                requirement under subparagraph (A) is satisfied 
                if the employer places a local job order with 
                the State workforce agency serving each place 
                of employment, except that nothing in this 
                subparagraph shall require the employer to file 
                an interstate job order under section 653 of 
                title 20, Code of Federal Regulations. The 
                State workforce agency shall post the job order 
                on its official agency website for a minimum of 
                30 days and not later than 3 days after receipt 
                using the employment statistics system 
                authorized under section 15 of the Wagner-
                Peyser Act (29 U.S.C. 49l-2). The Secretary of 
                Labor shall include links to the official Web 
                sites of all State workforce agencies on a 
                single webpage of the official Web site of the 
                Department of Labor.
                  ``(C) End of recruitment requirement.--The 
                requirement to recruit United States workers 
                for a job shall terminate on the first day that 
                work begins for the H-2C workers.
          ``(6) Offers to united states workers.--The employer 
        has offered or will offer the job for which the H-2C 
        workers are sought to any eligible United States 
        workers who--
                  ``(A) apply;
                  ``(B) are qualified for the job; and
                  ``(C) will be available at the time, at each 
                place, and for the duration, of need.
        This requirement shall not apply to United States 
        workers who apply for the job on or after the first day 
        that work begins for the H-2C workers.
          ``(7) Provision of insurance.--If the job for which 
        the H-2C workers are sought is not covered by State 
        workers' compensation law, the employer will provide, 
        at no cost to the workers unless State law provides 
        otherwise, insurance covering injury and disease 
        arising out of, and in the course of, the workers' 
        employment, which will provide benefits at least equal 
        to those provided under the State workers compensation 
        law for comparable employment.
          ``(8) Strike or lockout.--The job that is the subject 
        of the petition is not vacant because the former 
        workers in that job are on strike or locked out in the 
        course of a labor dispute.
  ``(c) List.--
          ``(1) In general.--The Secretary of Homeland Security 
        shall maintain a list of the petitions filed under this 
        subsection, which shall--
                  ``(A) be sorted by employer; and
                  ``(B) include the number of H-2C workers 
                sought, the wage rate, the period of 
                employment, each place of employment, and the 
                date of need for each alien.
          ``(2) Availability.--The Secretary of Homeland 
        Security shall make the list available for public 
        examination.
  ``(d) Petitioning for Admission.--
          ``(1) Consideration of petitions.--For petitions 
        filed and considered under this subsection--
                  ``(A) the Secretary of Homeland Security may 
                not require such petition to be filed more than 
                28 days before the first date the employer 
                requires the labor or services of H-2C workers;
                  ``(B) within the appropriate time period 
                under subparagraph (C) or (D), the Secretary of 
                Homeland Security shall--
                          ``(i) approve the petition;
                          ``(ii) reject the petition; or
                          ``(iii) determine that the petition 
                        is incomplete or obviously inaccurate 
                        or that the employer has not complied 
                        with the requirements of subsection 
                        (b)(5)(A)(i) (which the Secretary can 
                        ascertain by verifying whether the 
                        employer has placed a local job order 
                        as provided for in subsection 
                        (b)(5)(B));
                  ``(C) if the Secretary determines that the 
                petition is incomplete or obviously inaccurate, 
                or that the employer has not complied with the 
                requirements of subsection (b)(5)(A)(i) (which 
                the Secretary can ascertain by verifying 
                whether the employer has placed a local job 
                order as provided for in subsection (b)(5)(B)), 
                the Secretary shall--
                          ``(i) within 5 business days of 
                        receipt of the petition, notify the 
                        petitioner of the deficiencies to be 
                        corrected by means ensuring same or 
                        next day delivery; and
                          ``(ii) within 5 business days of 
                        receipt of the corrected petition, 
                        approve or reject the petition and 
                        provide the petitioner with notice of 
                        such action by means ensuring same or 
                        next day delivery; and
                  ``(D) if the Secretary does not determine 
                that the petition is incomplete or obviously 
                inaccurate, the Secretary shall not later than 
                10 business days after the date on which such 
                petition was filed, either approve or reject 
                the petition and provide the petitioner with 
                notice of such action by means ensuring same or 
                next day delivery.
          ``(2) Access.--By filing an H-2C petition, the 
        petitioner and each employer (if the petitioner is an 
        association that is a joint employer of workers who 
        perform agricultural labor or services) consent to 
        allow access to each place of employment to the 
        Department of Agriculture and the Department of 
        Homeland Security for the purpose of investigations and 
        audits to determine compliance with the immigration 
        laws (as defined in section 101(a)(17)).
  ``(e) Roles of Agricultural Associations.--
          ``(1) Treatment of associations acting as 
        employers.--If an association is a joint employer of 
        workers who perform agricultural labor or services, H-
        2C workers may be transferred among its members to 
        perform the agricultural labor or services on a 
        temporary basis for which the petition was approved.
          ``(2) Treatment of violations.--
                  ``(A) Individual member.--If an individual 
                member of an association that is a joint 
                employer commits a violation described in 
                paragraph (2) or (3) of subsection (h) or 
                subsection (i)(1), the Secretary of Agriculture 
                shall invoke penalties pursuant to subsections 
                (h) and (i) against only that member of the 
                association unless the Secretary of Agriculture 
                determines that the association participated 
                in, had knowledge of, or had reason to know of 
                the violation.
                  ``(B) Association of agricultural 
                employers.--If an association that is a joint 
                employer commits a violation described in 
                subsections (h)(2) and (3) or (i)(1), the 
                Secretary of Agriculture shall invoke penalties 
                pursuant to subsections (h) and (i) against 
                only the association and not any individual 
                members of the association, unless the 
                Secretary determines that the member 
                participated in the violation.
  ``(f) Expedited Administrative Appeals.--The Secretary of 
Homeland Security shall promulgate regulations to provide for 
an expedited procedure for the review of a denial of a petition 
under this section by the Secretary. At the petitioner's 
request, the review shall include a de novo administrative 
hearing at which new evidence may be introduced.
  ``(g) Fees.--The Secretary of Homeland Security shall 
require, as a condition of approving the petition, the payment 
of a fee to recover the reasonable cost of processing the 
petition.
  ``(h) Enforcement.--
          ``(1) Investigations and audits.--The Secretary of 
        Agriculture shall be responsible for conducting 
        investigations and audits, including random audits, of 
        employers to ensure compliance with the requirements of 
        the H-2C program. All monetary fines levied against 
        employers shall be paid to the Department of 
        Agriculture and used to enhance the Department of 
        Agriculture's investigative and auditing abilities to 
        ensure compliance by employers with their obligations 
        under this section.
          ``(2) Violations.--If the Secretary of Agriculture 
        finds, after notice and opportunity for a hearing, a 
        failure to fulfill an attestation required by this 
        subsection, or a material misrepresentation of a 
        material fact in a petition under this subsection, the 
        Secretary--
                  ``(A) may impose such administrative remedies 
                (including civil money penalties in an amount 
                not to exceed $1,000 per violation) as the 
                Secretary determines to be appropriate; and
                  ``(B) may disqualify the employer from the 
                employment of H-2C workers for a period of 1 
                year.
          ``(3) Willful violations.--If the Secretary of 
        Agriculture finds, after notice and opportunity for a 
        hearing, a willful failure to fulfill an attestation 
        required by this subsection, or a willful 
        misrepresentation of a material fact in a petition 
        under this subsection, the Secretary--
                  ``(A) may impose such administrative remedies 
                (including civil money penalties in an amount 
                not to exceed $5,000 per violation, or not to 
                exceed $15,000 per violation if in the course 
                of such failure or misrepresentation the 
                employer displaced one or more United States 
                workers employed by the employer during the 
                period of employment of H-2C workers or during 
                the 30-day period immediately preceding such 
                period of employment) in the job the H-2C 
                workers are performing as the Secretary 
                determines to be appropriate;
                  ``(B) may disqualify the employer from the 
                employment of H-2C workers for a period of 2 
                years;
                  ``(C) may, for a subsequent failure to 
                fulfill an attestation required by this 
                subsection, or a misrepresentation of a 
                material fact in a petition under this 
                subsection, disqualify the employer from the 
                employment of H-2C workers for a period of 5 
                years; and
                  ``(D) may, for a subsequent willful failure 
                to fulfill an attestation required by this 
                subsection, or a willful misrepresentation of a 
                material fact in a petition under this 
                subsection, permanently disqualify the employer 
                from the employment of H-2C workers.
  ``(i) Failure To Pay Wages or Required Benefits.--
          ``(1) In general.--If the Secretary of Agriculture 
        finds, after notice and opportunity for a hearing, that 
        the employer has failed to provide the benefits, wages, 
        and working conditions that the employer has attested 
        that it would provide under this subsection, the 
        Secretary shall require payment of back wages, or such 
        other required benefits, due any United States workers 
        or H-2C workers employed by the employer.
          ``(2) Amount.--The back wages or other required 
        benefits described in paragraph (1)--
                  ``(A) shall be equal to the difference 
                between the amount that should have been paid 
                and the amount that was paid to such workers; 
                and
                  ``(B) shall be distributed to the workers to 
                whom such wages or benefits are due.
  ``(j) Minimum Wages, Benefits, and Working Conditions.--
          ``(1) Preferential treatment of h-2c workers 
        prohibited.--
                  ``(A) In general.--Each employer seeking to 
                hire United States workers for the job the H-2C 
                workers will perform shall offer such United 
                States workers not less than the same benefits, 
                wages, and working conditions that the employer 
                will provide to the H-2C workers, except that 
                if an employer chooses to provide H-2C workers 
                with housing or a housing allowance, the 
                employer need not offer housing or a housing 
                allowance to such United States workers. No job 
                offer may impose on United States workers any 
                restrictions or obligations which will not be 
                imposed on H-2C workers.
                  ``(B) Interpretation.--Every interpretation 
                and determination made under this section or 
                under any other law, regulation, or 
                interpretative provision regarding the nature, 
                scope, and timing of the provision of these and 
                any other benefits, wages, and other terms and 
                conditions of employment shall be made so 
                that--
                          ``(i) the services of workers to 
                        their employers and the employment 
                        opportunities afforded to workers by 
                        the employers, including those 
                        employment opportunities that require 
                        United States workers or H-2C workers 
                        to travel or relocate in order to 
                        accept or perform employment--
                                  ``(I) mutually benefit such 
                                workers, as well as their 
                                families, and employers; and
                                  ``(II) principally benefit 
                                neither employer nor employee; 
                                and
                          ``(ii) employment opportunities 
                        within the United States benefit the 
                        United States economy.
          ``(2) Required wages.--
                  ``(A) In general.--Each employer petitioning 
                for H-2C workers under this subsection (other 
                than in the case of workers who will perform 
                agricultural labor or services consisting of 
                meat or poultry processing) will offer the H-2C 
                workers, during the period of authorized 
                employment as H-2C workers, wages that are at 
                least the greatest of--
                          ``(i) the applicable State or local 
                        minimum wage;
                          ``(ii) 115 percent of the Federal 
                        minimum wage; or
                          ``(iii) the actual wage level paid by 
                        the employer to all other individuals 
                        in the job.
                  ``(B) Special rules.--
                          ``(i) Alternate wage payment 
                        systems.--An employer can utilize a 
                        piece rate or other alternative wage 
                        payment system so long as the employer 
                        guarantees each worker a wage rate that 
                        equals or exceeds the amount required 
                        under subparagraph (A) for the total 
                        hours worked in each pay period. 
                        Compensation from a piece rate or other 
                        alternative wage payment system shall 
                        include time spent during rest breaks, 
                        moving from job to job, clean up, or 
                        any other nonproductive time, provided 
                        that such time does not exceed 20 
                        percent of the total hours in the work 
                        day.
                          ``(ii) Meat or poultry processing.--
                        Each employer petitioning for H-2C 
                        workers under this subsection who will 
                        perform agricultural labor or services 
                        consisting of meat or poultry 
                        processing will offer the H-2C workers, 
                        during the period of authorized 
                        employment as H-2C workers, wages that 
                        are at least the greatest of--
                                  ``(I) the applicable State or 
                                local minimum wage;
                                  ``(II) 150 percent of the 
                                Federal minimum wage;
                                  ``(III) the prevailing wage 
                                level for the occupational 
                                classification in the area of 
                                employment; or
                                  ``(IV) the actual wage level 
                                paid by the employer to all 
                                other individuals in the job.
          ``(3) Employment guarantee.--
                  ``(A) In general.--
                          ``(i) Requirement.--Each employer 
                        petitioning for workers under this 
                        subsection shall guarantee to offer the 
                        H-2C workers and United States workers 
                        performing the same job employment for 
                        the hourly equivalent of not less than 
                        50 percent of the work hours set forth 
                        in the work contract.
                          ``(ii) Failure to meet guarantee.--If 
                        an employer affords the United States 
                        workers or the H-2C workers less 
                        employment than that required under 
                        this subparagraph, the employer shall 
                        pay such workers the amount which the 
                        workers would have earned if the 
                        workers had worked for the guaranteed 
                        number of hours.
                  ``(B) Calculation of hours.--Any hours which 
                workers fail to work, up to a maximum of the 
                number of hours specified in the work contract 
                for a work day, when the workers have 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 work contract in a work day) may be 
                counted by the employer in calculating whether 
                the period of guaranteed employment has been 
                met.
                  ``(C) Limitation.--If the workers abandon 
                employment before the end of the work contract 
                period, or are terminated for cause, the 
                workers are not entitled to the 50 percent 
                guarantee described in subparagraph (A).
                  ``(D) Termination of employment.--
                          ``(i) In general.--If, before the 
                        expiration of the period of employment 
                        specified in the work contract, the 
                        services of the workers are no longer 
                        required due to any form of natural 
                        disaster, including flood, hurricane, 
                        freeze, earthquake, fire, drought, 
                        plant or animal disease, pest 
                        infestation, regulatory action, or any 
                        other reason beyond the control of the 
                        employer before the employment 
                        guarantee in subparagraph (A) is 
                        fulfilled, the employer may terminate 
                        the workers' employment.
                          ``(ii) Requirements.--If a worker's 
                        employment is terminated under clause 
                        (i), the employer shall--
                                  ``(I) fulfill the employment 
                                guarantee in subparagraph (A) 
                                for the work days that have 
                                elapsed during the period 
                                beginning on the first work day 
                                and ending on the date on which 
                                such employment is terminated;
                                  ``(II) make efforts to 
                                transfer the worker to other 
                                comparable employment 
                                acceptable to the worker; and
                                  ``(III) not later than 72 
                                hours after termination, notify 
                                the Secretary of Agriculture of 
                                such termination and stating 
                                the nature of the contract 
                                impossibility.
  ``(k) Nondelegation.--The Department of Agriculture and the 
Department of Homeland Security shall not delegate their 
investigatory, enforcement, or administrative functions 
relating to this section or section 218B to other agencies or 
departments of the Federal Government.
  ``(l) Compliance With Bio-Security Protocols.--Except in the 
case of an imminent threat to health or safety, any personnel 
from a Federal agency or Federal grantee seeking to determine 
the compliance of an employer with the requirements of this 
section or section 218B shall, when visiting such employer's 
place of employment, make their presence known to the employer 
and sign-in in accordance with reasonable bio-security 
protocols before proceeding to any other area of the place of 
employment.
  ``(m) Limitation on H-2C Workers' Stay in Status.--
          ``(1) Maximum period.--The maximum continuous period 
        of authorized status as an H-2C worker (including any 
        extensions) is 24 months for workers employed in a job 
        that is of a temporary or seasonal nature. For H-2C 
        workers employed in a job that is not of a temporary or 
        seasonal nature, the initial maximum continuous period 
        of authorized status is 36 months and subsequent 
        maximum continuous periods of authorized status are 24 
        months.
          ``(2) Requirement to remain outside the united 
        states.--In the case of H-2C workers who were employed 
        in a job of a temporary or seasonal nature whose 
        maximum continuous period of authorized status as H-2C 
        workers (including any extensions) have expired, the 
        aliens may not again be eligible to be H-2C workers 
        until they remain outside the United States for a 
        continuous period equal to at least the lesser of \1/
        12\ of the duration of their previous period of 
        authorized status an H-2C workers or 45 days. For H-2C 
        workers who were employed in a job not of a temporary 
        or seasonal nature whose maximum continuous period of 
        authorized status as H-2C workers (including any 
        extensions) have expired, the aliens may not again be 
        eligible to be H-2C workers until they remain outside 
        the United States for a continuous period equal to at 
        least the lesser of \1/12\ of the duration of their 
        previous period of authorized status as H-2C workers or 
        45 days.
          ``(3) Exceptions.--
                  ``(A) The Secretary of Homeland Security 
                shall deduct absences from the United States 
                that take place during an H-2C worker's period 
                of authorized status from the period that the 
                alien is required to remain outside the United 
                States under paragraph (2), 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 such as arrival 
                and departure records, copies of tax returns, 
                and records of employment abroad.
                  ``(B) There is no maximum continuous period 
                of authorized status as set forth in paragraph 
                (1) or a requirement to remain outside the 
                United States as set forth in paragraph (2) for 
                H-2C workers employed as a sheepherder, 
                goatherder, in the range production of 
                livestock, or who return to the workers' 
                permanent residence outside the United States 
                each day.
  ``(n) Period of Admission.--
          ``(1) In general.--In addition to the maximum 
        continuous period of authorized status, workers' 
        authorized period of admission shall include--
                  ``(A) a period of not more than 7 days prior 
                to the beginning of authorized employment as H-
                2C workers for the purpose of travel to the 
                place of employment; and
                  ``(B) a period of not more than 14 days after 
                the conclusion of their authorized employment 
                for the purpose of departure from the United 
                States or a period of not more than 30 days 
                following the employment for the purpose of 
                seeking a subsequent offer of employment by an 
                employer pursuant to a petition under this 
                section (or pursuant to at-will employment 
                under section 218B during such times as that 
                section is in effect) if they have not reached 
                their maximum continuous period of authorized 
                employment under subsection (m) (subject to the 
                exceptions in subsection (m)(3)) unless they 
                accept subsequent offers of employment as H-2C 
                workers or are otherwise lawfully present.
          ``(2) Failure to depart.--H-2C workers who do not 
        depart the United States within the periods referred to 
        in paragraph (1) or, as applicable, paragraph (3), will 
        be considered to have failed to maintain nonimmigrant 
        status as H-2C workers and shall be subject to removal 
        under section 237(a)(1)(C)(i). Such aliens shall be 
        considered to be inadmissible pursuant to section 
        212(a)(9)(B)(i) for having been unlawfully present, 
        with the aliens considered to have been unlawfully 
        present for 181 days as of the 15th day following their 
        period of employment for the purpose of departure or as 
        of the 31st day following their period of employment 
        for the purpose of seeking subsequent offers of 
        employment.
          ``(3) Application for maximum period.--
        Notwithstanding the duration of the work requested by 
        the employer petitioning for the admission of an H-2C 
        worker, if the alien is granted a visa, at the request 
        of the alien, the term of the visa shall be for the 
        maximum period described in subsection (m)(1), except 
        that if such an alien is unable to secure subsequent 
        employment 30 days after the conclusion of their 
        authorized employment, the alien shall be required to 
        depart the United States as described in paragraph 
        (1)(B).
  ``(o) Abandonment of Employment.--
          ``(1) Report by employer.--Not later than 72 hours 
        after an employer learns of the abandonment of 
        employment by H-2C workers before the conclusion of 
        their work contracts, the employer shall notify the 
        Secretary of Agriculture and the Secretary of Homeland 
        Security of such abandonment.
          ``(2) Replacement of aliens.--An employer may 
        designate eligible aliens to replace H-2C workers who 
        abandon employment notwithstanding the numerical 
        limitation found in section 214(g)(1)(C).
  ``(p) Change to H-2C Status.--
          ``(1) Waiver.--In the case of an alien described in 
        paragraph (2), the Secretary of Homeland Security shall 
        waive the grounds of inadmissibility under paragraphs 
        (5)(A), (6)(A), (6)(C), (7), (9)(B), and (9)(C) of 
        section 212(a), and the grounds of deportability under 
        paragraphs (1)(A) (with respect to the grounds of 
        inadmissibility waived under this paragraph), (1)(B), 
        (1)(C), (3)(A), and (3)(C) of section 237(a), with 
        respect to conduct that occurred prior to the alien 
        first receiving status as an H-2C worker, solely in 
        order to provide the alien with such status.
          ``(2) Alien described.--An alien described in this 
        paragraph is an alien who--
                  ``(A) was unlawfully present in the United 
                States on October 23, 2017; and
                  ``(B) performed agricultural labor or 
                services in the United States for at least 5.75 
                hours during each of at least 180 days during 
                the 2-year period ending on October 23, 2017.
          ``(3) Special approval procedures.--Before an alien 
        described in paragraph (2) can be provided with 
        nonimmigrant status under section 101(a)(15)(H)(ii)(C), 
        the alien must depart the United States for a period 
        during the interval between the date of issuance of 
        final rules carrying out the AG Act and the date that 
        is 12 months after such issuance. If such an alien is 
        the beneficiary of an approved H-2C petition, for the 
        purpose of meeting such requirement to depart the 
        United States before being provided with nonimmigrant 
        status under section 101(a)(15)(H)(ii)(C), the 
        Secretary shall authorize parole for the alien to 
        travel to the United States without a visa and shall 
        issue an appropriate document authorizing such travel. 
        Prior to authorizing parole for the alien, the 
        Secretary shall conduct an in person interview, as 
        appropriate, and a background check to determine that 
        the alien is not inadmissible to the United States 
        under section 212(a) or deportable under section 
        237(a), except with regard to the grounds of 
        inadmissibility and grounds of deportability waived 
        under paragraph (1).
  ``(q) Trust Fund To Assure Worker Return.--
          ``(1) Establishment.--There is established in the 
        Treasury of the United States a trust fund (in this 
        section referred to as the `Trust Fund') for the 
        purpose of providing a monetary incentive for H-2C 
        workers to return to their country of origin upon 
        expiration of their visas.
          ``(2) Withholding of wages; payment into the trust 
        fund.--
                  ``(A) In general.--Notwithstanding the Fair 
                Labor Standards Act of 1938 (29 U.S.C. 201 et 
                seq.) and State and local wage laws, all 
                employers of H-2C workers shall withhold from 
                the wages of all H-2C workers other than those 
                employed as sheepherders, goatherders, in the 
                range production of livestock, or who return to 
                the their permanent residence outside the 
                United States each day, an amount equivalent to 
                10 percent of the gross wages of each worker in 
                each pay period and, on behalf of each worker, 
                transfer such withheld amount to the Trust 
                Fund.
                  ``(B) Jobs that are not of a temporary or 
                seasonal nature.--Employers of H-2C workers 
                employed in jobs that are not of a temporary or 
                seasonal nature, other than those employed as a 
                sheepherder, goatherder, or in the range 
                production of livestock, shall also pay into 
                the Trust Fund an amount equivalent to the 
                Federal tax on the wages paid to H-2C workers 
                that the employer would be obligated to pay 
                under chapters 21 and 23 of the Internal 
                Revenue Code of 1986 had the H-2C workers been 
                subject to such chapters.
          ``(3) Distribution of funds.--Amounts paid into the 
        Trust Fund on behalf of an H-2C worker, and held 
        pursuant to paragraph (2)(A) and interest earned 
        thereon, shall be transferred from the Trust Fund to 
        the Secretary of Homeland Security, who shall 
        distribute them to the worker if the worker--
                  ``(A) applies to the Secretary of Homeland 
                Security (or the designee of the Secretary) for 
                payment within 120 days of the expiration of 
                the alien's last authorized stay in the United 
                States as an H-2C worker, for which they seek 
                amounts from the Trust Fund;
                  ``(B) establishes to the satisfaction of the 
                Secretary of Homeland Security that they have 
                complied with the terms and conditions of the 
                H-2C program;
                  ``(C) once approved by the Secretary of 
                Homeland Security for payment, physically 
                appears at a United States embassy or consulate 
                in the worker's home country; and
                  ``(D) establishes their identity to the 
                satisfaction of the Secretary of Homeland 
                Security.
          ``(4) Administrative expenses.--The amounts paid into 
        the Trust Fund and held pursuant to paragraph (2)(B), 
        and interest earned thereon, shall be distributed 
        annually to the Secretary of Agriculture and the 
        Secretary of Homeland Security in amounts proportionate 
        to the expenses incurred by such officials in the 
        administration and enforcement of the terms of the H-2C 
        program.
          ``(5) Law enforcement.--Notwithstanding any other 
        provision of law, amounts paid into the Trust Fund 
        under paragraph (2), and interest earned thereon, that 
        are not needed to carry out paragraphs (3) and (4) 
        shall, to the extent provided in advance in 
        appropriations Acts, be made available until expended 
        without fiscal year limitation to the Secretary of 
        Homeland Security to apprehend, detain, and remove 
        aliens inadmissible to or deportable from the United 
        States.
          ``(6) Investment of trust fund.--
                  ``(A) In general.--It shall be the duty of 
                the Secretary of the Treasury to invest such 
                portion of the Trust Fund as is not, in the 
                Secretary's judgment, required to meet current 
                withdrawals. Such investments may be made only 
                in interest-bearing obligations of the United 
                States or in obligations guaranteed as to both 
                principal and interest by the United States.
                  ``(B) Credits to trust fund.--The interest 
                on, and the proceeds from the sale or 
                redemption of, any obligations held in the 
                Trust Fund shall be credited to and form a part 
                of the Trust Fund.
                  ``(C) Report to congress.--It shall be the 
                duty of the Secretary of the Treasury to hold 
                the Trust Fund, and (after consultation with 
                the Secretary of Homeland Security) to report 
                to the Congress each year on the financial 
                condition and the results of the operations of 
                the Trust Fund during the preceding fiscal year 
                and on its expected condition and operations 
                during the next fiscal year. Such report shall 
                be printed as both a House and a Senate 
                document of the session of the Congress in 
                which the report is made.
  ``(r) Procedures for Special Procedures Industries.--
          ``(1) Work locations.--The Secretary of Homeland 
        Security shall permit an employer in a special 
        procedures industry or that engages in a forestry-
        related activity that does not operate at a single 
        fixed place of employment to provide, as part of its 
        petition, a list of places of employment, which--
                  ``(A) may include an itinerary; and
                  ``(B) may be subsequently amended at any time 
                by the employer, after notice to the Secretary.
          ``(2) Wages.--Notwithstanding subsection (j)(2), the 
        Secretary of Agriculture may establish monthly, weekly, 
        or biweekly wage rates for occupations in a Special 
        Procedures Industry for a State or other geographic 
        area. For an employer in a Special Procedures Industry 
        that typically pays a monthly wage, the Secretary shall 
        require that H-2C workers be paid not less frequently 
        than monthly and at a rate no less than the legally 
        required monthly cash wage in an amount as re-
        determined annually by the Secretary.
          ``(3) Allergy limitation.--An employer engaged in the 
        commercial beekeeping or pollination services industry 
        may require that job applicants be free from bee-
        related allergies, including allergies to pollen and 
        bee venom.
  ``(s) Flexibility With Respect to Start Dates.--Upon approval 
of a petition with regard to jobs that are of a temporary or 
seasonal nature, the employer may begin the employment of 
petitioned-for H-2C workers up to ten months after the first 
date the employer requires the labor or services of H-2C 
workers.
  ``(t) Adjustment of Status.--In applying section 245 to an 
alien who is an H-2C worker who was the beneficiary of a waiver 
under subsection (p)(1)--
          ``(1) such alien shall be deemed to have been 
        inspected and admitted into the United States; and
          ``(2) in determining the alien's admissibility as an 
        immigrant, paragraphs (5)(A), (6)(A), (6)(C), (7), 
        (9)(B), and (9)(C)(i)(I) of section 212(a) shall not 
        apply with respect to conduct that occurred prior to 
        the alien first receiving status as an H-2C worker.''.
  (b) At-Will Employment.--Chapter 2 of title II of the 
Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is 
amended by inserting after section 218A (as inserted by 
subsection (a) of this section) the following:

``SEC. 218B. AT-WILL EMPLOYMENT OF TEMPORARY H-2C WORKERS.

  ``(a) In General.--An employer that is designated as a 
`registered agricultural employer' pursuant to subsection (c) 
may employ aliens as H-2C workers. However, an H-2C worker may 
only perform labor or services pursuant to this section if the 
worker is already lawfully present in the United States as an 
H-2C worker, having been admitted or otherwise provided 
nonimmigrant status pursuant to section 218A, and has completed 
the period of employment specified in the job offer the worker 
accepted pursuant to section 218A or the employer has 
terminated the worker's employment pursuant to section 
218A(j)(3)(D)(i). An H-2C worker who abandons the employment 
which was the basis for admission or status pursuant to section 
218A may not perform labor or services pursuant to this section 
until the worker has returned to their home country, been 
readmitted as an H-2C worker pursuant to section 218A and has 
completed the period of employment specified in the job offer 
the worker accepted pursuant to section 218A or the employer 
has terminated the worker's employment pursuant to section 
218A(j)(3)(D)(i).
  ``(b) Period of Stay.--H-2C workers performing at-will labor 
or services for a registered agricultural employer are subject 
to the period of admission, limitation of stay in status, and 
requirement to remain outside the United States contained in 
subsections (m) and (n) of section 218A, except that subsection 
(m)(3)(A) does not apply.
  ``(c) Registered Agricultural Employers.--The Secretary of 
Agriculture shall establish a process to accept and adjudicate 
applications by employers to be designated as registered 
agricultural employers. The Secretary shall require, as a 
condition of approving the application, the payment of a fee to 
recover the reasonable cost of processing the application. The 
Secretary shall designate an employer as a registered 
agricultural employer if the Secretary determines that the 
employer--
          ``(1) employs (or plans to employ) individuals who 
        perform agricultural labor or services;
          ``(2) has not been subject to debarment from 
        receiving temporary agricultural labor certifications 
        pursuant to section 101(a)(15)(H)(ii)(a) within the 
        last three years;
          ``(3) has not been subject to disqualification from 
        the employment of H-2C workers within the last five 
        years;
          ``(4) agrees to, if employing H-2C workers pursuant 
        to this section, fulfill the attestations contained in 
        section 218A(b) as if it had submitted a petition 
        making those attestations (excluding subsection (j)(3) 
        of such section) and not to employ H-2C workers who 
        have reached their maximum continuous period of 
        authorized status under section 218A(m) (subject to the 
        exceptions contained in section 218A(m)(3)) or if the 
        workers have complied with the terms of section 
        218A(m)(2); and
          ``(5) agrees to notify the Secretary of Agriculture 
        and the Secretary of Homeland Security each time it 
        employs H-2C workers pursuant to this section within 72 
        hours of the commencement of employment and within 72 
        hours of the cessation of employment.
  ``(d) Length of Designation.--An employer's designation as a 
registered agricultural employer shall be valid for 3 years, 
and the Secretary may extend such designation for additional 3-
year terms upon the reapplication of the employer. The 
Secretary shall revoke a designation before the expiration of 
its 3-year term if the employer is subject to disqualification 
from the employment of H-2C workers subsequent to being 
designated as a registered agricultural employer.
  ``(e) Enforcement.--The Secretary of Agriculture shall be 
responsible for conducting investigations and audits, including 
random audits, of employers to ensure compliance with the 
requirements of this section. All monetary fines levied against 
employers shall be paid to the Department of Agriculture and 
used to enhance the Department of Agriculture's investigatory 
and audit abilities to ensure compliance by employers with 
their obligations under this section and section 218A. The 
Secretary of Agriculture's enforcement powers and an employer's 
liability described in subsections (h) through (i) of section 
218A are applicable to employers employing H-2C workers 
pursuant to this section.''.
  (c) Prohibition on Family Members.--Section 101(a)(15)(H) of 
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) 
is amended by striking ``him;'' at the end and inserting ``him, 
except that no spouse or child may be admitted under clause 
(ii)(c);''.
  (d) Numerical Cap.--Section 214(g)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1184(g)(1)) is amended--
          (1) in subparagraph (A), by striking ``or'' at the 
        end;
          (2) in subparagraph (B), by striking the period at 
        the end and inserting ``; or''; and
          (3) by adding at the end the following:
          ``(C) under section 101(a)(15)(H)(ii)(c)--
                  ``(i) may not exceed 40,000 for aliens issued 
                visas or otherwise provided nonimmigrant status 
                under such section for the purpose of 
                performing agricultural labor or services 
                consisting or meat or poultry processing;
                  ``(ii) except as otherwise provided under 
                this subparagraph, may not exceed 410,000 for 
                aliens issued visas or otherwise provided 
                nonimmigrant status under such section for the 
                purpose of performing agricultural labor or 
                services other than agricultural labor or 
                services consisting of meat or poultry 
                processing;
                  ``(iii) if the base allocation under clause 
                (ii) is exhausted during any fiscal year, the 
                base allocation for that and subsequent fiscal 
                years shall be increased by the lesser of 10 
                percent or a percentage representing the number 
                of petitioned-for aliens (as a percentage of 
                the base allocation) who would be eligible to 
                be issued visas or otherwise provided 
                nonimmigrant status described in that clause 
                during that fiscal year but for the base 
                allocation being exhausted, and if the 
                increased base allocation is itself exhausted 
                during a subsequent fiscal year, the base 
                allocation for that and subsequent fiscal years 
                shall be further increased by the lesser of 10 
                percent or a percentage representing the number 
                of petitioned-for aliens (as a percentage of 
                the increased base allocation) who would be 
                eligible to be issued visas or otherwise 
                provided nonimmigrant status described in that 
                clause during that fiscal year but for the 
                increased base allocation being exhausted 
                (subject to clause (iv));
                  ``(iv) if the base allocation under clause 
                (ii) is not exhausted during any fiscal year, 
                the base allocation under such clause for 
                subsequent fiscal years shall be decreased by 
                the greater of 5 percent or a percentage 
                representing the unutilized portion of the base 
                allocation (as a percentage of the base 
                allocation) during that fiscal year, and if in 
                a subsequent fiscal year the decreased base 
                allocation is itself not exhausted, the base 
                allocation for fiscal years subsequent to that 
                fiscal year shall be further decreased by the 
                greater of 5 percent or a percentage 
                representing the unutilized portion of the 
                decreased base allocation (as a percentage of 
                the decreased base allocation) during that 
                fiscal year (subject to clause (iii) and except 
                that the base allocation shall not fall below 
                410,000); and
                  ``(v) for purposes of clause (ii), the 
                numerical limitations shall not apply to any 
                alien--
                          ``(I) who--
                                  ``(aa) was physically present 
                                in the United States on October 
                                23, 2017; and
                                  ``(bb) performed agricultural 
                                labor or services in the United 
                                States for at least 5.75 hours 
                                during each of at least 180 
                                days during the 2-year period 
                                ending on October 23, 2017; or
                          ``(II) who has previously been issued 
                        a visa or otherwise provided 
                        nonimmigrant status pursuant to 
                        subclause (a) or (b) of section 
                        101(a)(15)(H)(ii), but only to the 
                        extent that the alien is being 
                        petitioned for by an employer pursuant 
                        to section 218A(b) who previously 
                        employed the alien pursuant to 
                        subclause (a) or (b) of section 
                        101(a)(15)(H)(ii) beginning no later 
                        than October 23, 2017.''.
  (e) 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)(c) of section 101(a)(15)(H)''.
  (f) Clerical Amendment.--The table of contents for the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
amended by inserting after the item relating to section 218 the 
following:

``Sec. 218B. At-will employment of temporary H-2C workers.''.

SEC. 2104. MEDIATION.

  Nonimmigrants having status under section 
101(a)(15)(H)(ii)(c) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(H)(ii)(c)) may not bring civil actions for 
damages against their employers, nor may any other attorneys or 
individuals bring civil actions for damages on behalf of such 
nonimmigrants against the nonimmigrants' employers, unless at 
least 90 days prior to bringing an action a request has been 
made to the Federal Mediation and Conciliation Service to 
assist the parties in reaching a satisfactory resolution of all 
issues involving all parties to the dispute and mediation has 
been attempted.

SEC. 2105. MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION.

  Section 3(8)(B)(ii) of the Migrant and Seasonal Agricultural 
Worker Protection Act (29 U.S.C. 1802(8)(B)(ii)) is amended by 
striking ``under sections 101(a)(15)(H)(ii)(a) and 214(c) of 
the Immigration and Nationality Act.'' and inserting ``under 
subclauses (a) and (c) of section 101(a)(15)(H)(ii), and 
section 214(c), of the Immigration and Nationality Act.''.

SEC. 2106. BINDING ARBITRATION.

  (a) Applicability.--H-2C workers may, as a condition of 
employment with an employer, be subject to mandatory binding 
arbitration and mediation of any grievance relating to the 
employment relationship. An employer shall provide any such 
workers with notice of such condition of employment at the time 
it makes job offers.
  (b) Allocation of Costs.--Any cost associated with such 
arbitration and mediation process shall be equally divided 
between the employer and the H-2C workers, except that each 
party shall be responsible for the cost of its own counsel, if 
any.
  (c) Definitions.--As used in this section:
          (1) The term ``condition of employment'' means a 
        term, condition, obligation, or requirement that is 
        part of the job offer, such as the term of employment, 
        job responsibilities, employee conduct standards, and 
        the grievance resolution process, and to which 
        applicants or prospective H-2C workers must consent or 
        accept in order to be hired for the position.
          (2) The term ``H-2C worker'' means a nonimmigrant 
        described in section 218A(a)(5) of the Immigration and 
        Nationality Act, as added by this title.

SEC. 2107. ELIGIBILITY FOR HEALTH CARE SUBSIDIES AND REFUNDABLE TAX 
                    CREDITS; REQUIRED HEALTH INSURANCE COVERAGE.

  (a) Health Care Subsidies.--H-2C workers (as defined in 
section 218A(a)(5) of the Immigration and Nationality Act, as 
added by this title)--
          (1) are not entitled to the premium assistance tax 
        credit authorized under section 36B of the Internal 
        Revenue Code of 1986 and shall be subject to the rules 
        applicable to individuals who are not lawfully present 
        set forth in subsection (e) of such section; and
          (2) shall 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)).
  (b) Refundable Tax Credits.--H-2C workers (as defined in 
section 218A(a)(5) of the Immigration and Nationality Act, as 
added by this title), shall not be allowed any credit under 
sections 24 and 32 of the Internal Revenue Code of 1986. In the 
case of a joint return, no credit shall be allowed under either 
such section if both spouses are such workers or aliens.
  (c) Requirement Regarding Health Insurance Coverage.--
Notwithstanding the Fair Labor Standards Act of 1938 (29 U.S.C. 
201 et seq.) and State and local wage laws, not later than 21 
days after being issued a visa or otherwise provided 
nonimmigrant status under section 101(a)(15)(H)(ii)(c) of the 
Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(ii)(c)), an alien must obtain health insurance 
coverage accepted in their State or States of employment and 
residence for the period of employment specified in section 
218A(b)(1) of the Immigration and Nationality Act. H-2C workers 
under sections 218A or 218B of the Immigration and Nationality 
Act who do not obtain and maintain the required insurance 
coverage will be considered to have failed to maintain 
nonimmigrant status under section 101(a)(15)(H)(ii)(c) of the 
Immigration and Nationality Act and shall 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)).

SEC. 2108. STUDY OF ESTABLISHMENT OF AN AGRICULTURAL WORKER EMPLOYMENT 
                    POOL.

  (a) Study.--The Secretary of Agriculture shall conduct a 
study on the feasibility of establishing an agricultural worker 
employment pool and an electronic Internet-based portal to 
assist H-2C workers (as such term is defined in section 218A of 
the Immigration and Nationality Act), prospective H-2C workers, 
and employers to identify job opportunities in the H-2C program 
and willing, able and available workers for the program, 
respectively.
  (b) Contents.--The study required under subsection (a) shall 
include an analysis of--
          (1) the cost of creating such a pool and portal;
          (2) potential funding sources or mechanisms to 
        support the creation and maintenance of the pool and 
        portal;
          (3) with respect to H-2C workers and prospective H-2C 
        workers in the pool, the data that would be relevant 
        for employers;
          (4) the merits of assisting H-2C workers and 
        employers in identifying job opportunities and willing, 
        able, and available workers, respectively; and
          (5) other beneficial uses for such a pool and portal.
  (c) Report.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Agriculture shall 
submit to the Committees on the Judiciary of the House of 
Representatives and the Senate a report containing the results 
of the study required under subsection (a).

SEC. 2109. PREVAILING WAGE.

  Section 212(p) of the Immigration and Nationality Act (8 
U.S.C. 1182(p)) is amended--
          (1) in paragraph (1), by inserting after 
        ``subsections (a)(5)(A), (n)(1)(A)(i)(II), and 
        (t)(1)(A)(i)(II)'' the following: ``of this section and 
        section 218A(j)(2)(B)(ii)''; and
          (2) in paragraph (3), by inserting after 
        ``subsections (a)(5)(A), (n)(1)(A)(i)(II), and 
        (t)(1)(A)(i)(II)'' the following: ``of this section and 
        section 218A(j)(2)(B)(ii)''.

SEC. 2110. PORTABILITY OF H-2C STATUS.

  Section 214(n)(1) of the Immigration and Nationality Act (8 
U.S.C. 1184(n)(1)) is amended by inserting after ``section 
101(a)(15)(H)(i)(b)'' the following: ``or 
101(a)(15)(H)(ii)(c)''.

SEC. 2111. EFFECTIVE DATES; SUNSET; REGULATIONS.

  (a) Effective Dates; Regulations.--
          (1) In general.--Sections 2102 and 2104 through 2106 
        of this title, subsections (a) and (c) through (f) of 
        section 2103 of this title, and the amendments made by 
        the sections, shall take effect on the date on which 
        the Secretary issues the rules under paragraph (3), and 
        the Secretary of Homeland Security shall accept 
        petitions pursuant to section 218A of the Immigration 
        and Nationality Act, as inserted by this Act, beginning 
        no later than that date. Sections 2107 and 2109 of this 
        title shall take effect on the date of the enactment of 
        this Act.
          (2) At-will employment.--Section 2103(b) of this 
        title and the amendments made by that subsection shall 
        take effect when--
                  (A) it becomes unlawful for all persons or 
                other entities to hire, or to recruit or refer 
                for a fee, for employment in the United States 
                an individual (as provided in section 
                274A(a)(1) of the Immigration and Nationality 
                Act (8 U.S.C. 1324a(a)(1))) without using the 
                verification system set forth in section 
                274A(d) of such Act, as amended by section 1103 
                of title I of division B of this Act, to seek 
                verification of the employment eligibility of 
                an individual; and
                  (B) such verification system, in providing 
                confirmation of an individual's employment 
                eligibility, indicates whether an individual is 
                eligible to be employed in all occupations or 
                only to perform agricultural labor or services 
                as a nonimmigrant who has been issued a visa or 
                otherwise provided nonimmigrant status under 
                section 101(a)(15)(H)(ii)(C) of the Immigration 
                and Nationality Act.
          (3) Regulations.--Notwithstanding any other provision 
        of law, not later than the first day of the seventh 
        month that begins after the date of the enactment of 
        this Act, the Secretary of Homeland Security shall 
        issue final rules, on an interim or other basis, to 
        carry out this title.
  (b) Operation and Sunset of the H-2A Program.--
          (1) Application of existing regulations.--The 
        Department of Labor H-2A program regulations published 
        at 73 Federal Register 77110 et seq. (2008) shall be in 
        force for all petitions approved under sections 
        101(a)(15)(H)(ii)(a) and 218 of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)(h)(ii)(a); 8 
        U.S.C. 1188) beginning on the date of the enactment of 
        this Act, except that the following, as in effect on 
        such date, shall remain in effect, and, to the extent 
        that any rule published at 73 Federal Register 77110 et 
        seq. is in conflict, such rule shall have no force and 
        effect:
                  (A) Paragraph (a) and subparagraphs (1) and 
                (3) of paragraph (b) of section 655.200 of 
                title 20, Code of Federal Regulations.
                  (B) Section 655.201 of title 20, Code of 
                Federal Regulations, except the paragraphs 
                entitled ``Production of Livestock'' and 
                ``Range''.
                  (C) Paragraphs (c), (d) and (e) of section 
                655.210 of title 20, Code of Federal 
                Regulations.
                  (D) Section 655.230 of title 20, Code of 
                Federal Regulations.
                  (E) Section 655.235 of title 20, Code of 
                Federal Regulations.
                  (F) The Special Procedures Labor 
                Certification Process for Employers in the 
                Itinerant Animal Shearing Industry under the H-
                2A Program in effect under the Training and 
                Employment Guidance Letter No. 17-06, Change 1, 
                Attachment B, Section II, with an effective 
                date of October 1, 2011.
          (2) Sunset.--Beginning on the date on which employers 
        can file petitions pursuant to section 218A of the 
        Immigration and Nationality Act, as added by section 
        2103(a) of this title, no new petitions under sections 
        101(a)(15)(H)(ii)(a) and 218 of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a); 8 
        U.S.C. 1188) shall be accepted.

SEC. 2112. REPORT ON COMPLIANCE AND VIOLATIONS.

  (a) In General.--Not later than 1 year after the first day on 
which employers can file petitions pursuant to section 218A of 
the Immigration and Nationality Act, as added by section 
2103(a) of this title, the Secretary of Homeland Security, in 
consultation with the Secretary of Agriculture, shall submit to 
the Committees on the Judiciary of the House of Representatives 
and the Senate a report on compliance by H-2C workers with the 
requirements of this title and the Immigration and Nationality 
Act, as amended by this title. In the case of a violation of a 
term or condition of the temporary agricultural work visa 
program established by this title, the report shall identify 
the provision or provisions of law violated.
  (b) Definition.--As used in this section, the term ``H-2C 
worker'' means a nonimmigrant described in section 218A(a)(4) 
of the Immigration and Nationality Act, as added by section 
2103(a) of this title.
  Page 102, line 10, strike ``18'' and insert ``24''.
  Page 108, line 3, strike ``18'' and insert ``24''.
  Page 295, strike lines 16 through 17.

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