[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.
[all]