,i #aaeth ,,congress #ast ,session ,h4 ,r4 #djib ,,in ,,the ,,house ,,of ,,representatives ,october #bc1 #bjag,mr4 ,goodlatte 7for himself1 ,mr4 ,marshall1 ,mr4 ,arrington1 ,mr4 ,cramer1 ,mr4 ,thompson of ,pennsylvania1 ,mr4 ,duffy1 ,mr4 ,rouzer1 ,mr4 ,bishop of ,utah1 ,mr4 ,gibbs1 ,mr4 ,gallagher1 and ,mr4 ,barr7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,education and the ,workforce1 and ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to create a nonimmigrant ,h-#b;,c work visa program for agricultural workers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as-- 7#a7 the ,agricultural ,guestworker ,act2 or 7#b7 the ,,ag ,act4 #b4 ,h-#b;,c temporary agricultural work visa program 7a7 ,in general ,section #aja7;a77#ae77;,h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77 is amended by striking 2 or 7iii7 and inserting 1 or 7c7 having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the ,united ,states to perform agricultural labor or services2 or 7iii74 7b7 ,definition ,section #aja7;a7 of such ,act 7#h ,u4,s4,c4 #aaja7;a77 is amended by adding at the end the following3 7#ec7 ,the term agricultural labor or services has the meaning given such term by the ,secretary of ,agriculture in regulations and includes-- 7,a7 agricultural labor as defined in section #caba7;g7 of the ,internal ,revenue ,code of #aihf2 7,b7 agriculture as defined in section #c7;f7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;f772 7,c7 the handling1 planting1 drying1 packing1 packaging1 processing1 freezing1 or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state2 7,d7 all activities required for the preparation1 processing or manufacturing of a product of agriculture 7as such term is defined in such section #c7;f77 for further distribution2 7,e7 forestry-related activities2 7,f7 aquaculture activities2 and 7,g7 the primary processing of fish or shellfish4 4 #c4 ,admission of temporary ,h-#b;,c workers 7a7 ,procedure for admission ,chapter #b of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaha et seq47 is amended by inserting after section #bah the following3 #bah;,a4 ,admission of temporary ,h-#b;,c workers 7a7 ,definitions ,in this section and section #bah;,b3 7#a7 ,displace ,the term displace means to lay off a ,united ,states worker from the job for which ,h-#b;,c workers are sought4 7#b7 ,job ,the term job refers to all positions with an employer that-- 7,a7 involve essentially the same responsibilities2 7,b7 are held by workers with substantially equivalent qualifications and experience2 and 7,c7 are located in the same place or places of employment4 7#c7 ,employer ,the term employer includes a single or joint employer1 including an association acting as a joint employer with its members1 who hires workers to perform agricultural labor or services4 7#d7 ,forestry-related activities ,the term forestry-related activities includes tree planting1 timber harvesting1 logging operations1 brush clearing1 vegetation management1 herbicide application1 the maintenance of rights-of-way 7including for roads1 trails1 and utilities71 regardless of whether such right-of-way is on forest land1 and the harvesting of pine straw4 7#e7 ,h-#b;,c worker ,the term ,h-#b;,c worker means a nonimmigrant described in section #aja7;a77#ae77;,h77ii77c74 7#f7 ,lay off 7,a7 ,in general ,the term lay off-- 7i7 means to cause a worker's loss of employment1 other than through a discharge for inadequate performance1 violation of workplace rules1 cause1 voluntary departure1 voluntary retirement1 or the expiration of a grant or contract 7other than a temporary employment contract entered into in order to evade a condition described in paragraph 7#d7 of subsection 7b772 and 7ii7 does not include any situation in which the worker is offered1 as an alternative to such loss of employment1 a similar position with the same employer at equivalent or higher wages and benefits than the position from which the employee was discharged1 regardless of whether or not the employee accepts the offer4 7,b7 ,construction ,nothing in this paragraph is intended to limit an employee's rights under a collective bargaining agreement or other employment contract4 7#g7 ,united ,states worker ,the term ,united ,states worker means any worker who is-- 7,a7 a citizen or national of the ,united ,states2 or 7,b7 an alien who is lawfully admitted for permanent residence1 is admitted as a refugee under section #bjg1 or is granted asylum under section #bjh4 7#h7 ,special procedures industry ,the term special procedures industry includes sheepherding1 goat herding1 and the range production of livestock1 itinerant commercial beekeeping and pollination1 itinerant animal shearing1 and custom combining and harvesting4 7b7 ,petition ,an employer that seeks to employ aliens as ,h-#b;,c workers under this section shall file with the ,secretary of ,homeland ,security a petition attesting to the following3 7#a7 ,offer of employment ,the employer will offer employment to the aliens on a contractual basis as ,h-#b;,c workers under this section for a specific period of time during which the aliens may not work on an at-will basis 7as provided for in section #bah;,b71 and such contract shall only be required to include a description of each place of employment1 period of employment1 wages and other benefits to be provided1 and the duties of the positions4 7#b7 ,temporary labor or services 7,a7 ,in general ,the employer is seeking to employ a specific number of ,h-#b;,c workers on a temporary basis and will provide compensation to such workers at a wage rate no less than that set forth in subsection 7k77#b74 7,b7 ,definition ,for purposes of this paragraph1 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 7n77#a7 7subject to the exceptions in subsection 7n77#c774 7#c7 ,benefits1 wages1 and working conditions ,the employer will provide1 at a minimum1 the benefits1 wages1 and working conditions required by subsection 7k7 to all workers employed in the job for which the ,h-#b;,c workers are sought4 7#d7 ,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-#b;,c workers and during the #cj-;day period immediately preceding such period of employment in the job for which the employer seeks approval to employ ,h-#b;,c workers4 7#e7 ,recruitment 7,a7 ,in general ,the employer-- 7i7 conducted adequate recruitment before filing the petition2 and 7ii7 was unsuccessful in locating sufficient numbers of willing and qualified ,united ,states workers for the job for which the ,h-#b;,c workers are sought4 7,b7 ,other requirements ,the recruitment requirement under subparagraph 7,a7 is satisfied if the employer places a local job order with the ,state workforce agency serving each place of employment1 except that nothing in this subparagraph shall require the employer to file an interstate job order under section #fec of title #bj1 ,code of ,federal ,regulations4 ,the ,state workforce agency shall post the job order on its official agency website for a minimum of #cj days and not later than #c days after receipt using the employment statistics system authorized under section #ae of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #dil-#b74 ,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 ,labor4 7,c7 ,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-#b;,c workers4 7#f7 ,offers to ,united ,states workers ,the employer has offered or will offer the job for which the ,h-#b;,c workers are sought to any eligible ,united ,states workers who-- 7,a7 apply2 7,b7 are qualified for the job2 and 7,c7 will be available at the time1 at each place1 and for the duration1 of need4 ,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-#b;,c workers4 7#g7 ,provision of insurance ,if the job for which the ,h-#b;,c workers are sought is not covered by ,state workers' compensation law1 the employer will provide1 at no cost to the workers unless ,state law provides otherwise1 insurance covering injury and disease arising out of1 and in the course of1 the workers' employment1 which will provide benefits at least equal to those provided under the ,state workers compensation law for comparable employment4 7#h7 ,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 dispute4 7c7 ,public examination ,not later than #a working day after the date on which a petition under this section is filed1 the employer shall make the petition available for public examination1 at the employer's principal place of employment4 7d7 ,list 7#a7 ,in general ,the ,secretary of ,homeland ,security shall maintain a list of the petitions filed under this subsection1 which shall-- 7,a7 be sorted by employer2 and 7,b7 include the number of ,h-#b;,c workers sought1 the wage rate1 the period of employment1 each place of employment1 and the date of need for each alien4 7#b7 ,availability ,the ,secretary of ,homeland ,security shall make the list available for public examination4 7e7 ,petitioning for admission 7#a7 ,consideration of petitions ,for petitions filed and considered under this subsection-- 7,a7 the ,secretary of ,homeland ,security may not require such petition to be filed more than #bh days before the first date the employer requires the labor or services of ,h-#b;,c workers2 7,b7 unless the ,secretary of ,homeland ,security determines that the petition is incomplete or obviously inaccurate1 the ,secretary1 not later than #aj business days after the date on which such petition was filed1 shall either approve or reject the petition and provide the petitioner with notice of such action by means ensuring same or next day delivery2 and 7,c7 if the ,secretary determines that the petition is incomplete or obviously inaccurate1 the ,secretary shall-- 7i7 within #e business days of receipt of the petition1 notify the petitioner of the deficiencies to be corrected by means ensuring same or next day delivery2 and 7ii7 within #e business days of receipt of the corrected petition1 approve or deny the petition and provide the petitioner with notice of such action by means ensuring same or next day delivery4 7#b7 ,access ,by filing an ,h-#b;,c petition1 the petitioner and each employer 7if the petitioner is an association that is a joint employer of workers who perform agricultural labor or services7 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 7as defined in section #aja7;a77#ag774 7f7 ,roles of agricultural associations 7#a7 ,treatment of associations acting as employers ,if an association is a joint employer of workers who perform agricultural labor or services1 ,h-#b;,c workers may be transferred among its members to perform the agricultural labor or services on a temporary basis for which the petition was approved4 7#b7 ,treatment of violations 7,a7 ,individual member ,if an individual member of an association that is a joint employer commits a violation described in paragraph 7#b7 or 7#c7 of subsection 7i7 or subsection 7j77#a71 the ,secretary of ,agriculture shall invoke penalties pursuant to subsections 7i7 and 7j7 against only that member of the association unless the ,secretary of ,agriculture determines that the association participated in1 had knowledge of1 or had reason to know of the violation4 7,b7 ,association of agricultural employers ,if an association that is a joint employer commits a violation described in subsections 7i77#b7 and 7#c7 or 7j77#a71 the ,secretary of ,agriculture shall invoke penalties pursuant to subsections 7i7 and 7j7 against only the association and not any individual members of the association1 unless the ,secretary determines that the member participated in the violation4 7g7 ,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 ,secretary4 ,at the petitioner's request1 the review shall include a de novo administrative hearing at which new evidence may be introduced4 7h7 ,fees ,the ,secretary of ,homeland ,security shall require1 as a condition of approving the petition1 the payment of a fee to recover the reasonable cost of processing the petition4 7i7 ,enforcement 7#a7 ,investigations and audits ,the ,secretary of ,agriculture shall be responsible for conducting investigations and audits1 including random audits1 of employers to ensure compliance with the requirements of the ,h-#b;,c program4 ,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 section4 7#b7 ,violations ,if the ,secretary of ,agriculture finds1 after notice and opportunity for a hearing1 a failure to fulfill an attestation required by this subsection1 or a material misrepresentation of a material fact in a petition under this subsection1 the ,secretary-- 7,a7 may impose such administrative remedies 7including civil money penalties in an amount not to exceed #a1jjj per violation7 as the ,secretary determines to be appropriate2 and 7,b7 may disqualify the employer from the employment of ,h-#b;,c workers for a period of #a year4 7#c7 ,willful violations ,if the ,secretary of ,agriculture finds1 after notice and opportunity for a hearing1 a willful failure to fulfill an attestation required by this subsection1 or a willful misrepresentation of a material fact in a petition under this subsection1 the ,secretary-- 7,a7 may impose such administrative remedies 7including civil money penalties in an amount not to exceed #e1jjj per violation1 or not to exceed #ae1jjj 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-#b;,c workers or during the #cj-;day period immediately preceding such period of employment7 in the job the ,h-#b;,c workers are performing as the ,secretary determines to be appropriate2 7,b7 may disqualify the employer from the employment of ,h-#b;,c workers for a period of #b years2 7,c7 may1 for a subsequent failure to fulfill an attestation required by this subsection1 or a misrepresentation of a material fact in a petition under this subsection1 disqualify the employer from the employment of ,h-#b;,c workers for a period of #e years2 and 7,d7 may1 for a subsequent willful failure to fulfill an attestation required by this subsection1 or a willful misrepresentation of a material fact in a petition under this subsection1 permanently disqualify the employer from the employment of ,h-#b;,c workers4 7j7 ,failure ,to pay wages or required benefits 7#a7 ,in general ,if the ,secretary of ,agriculture finds1 after notice and opportunity for a hearing1 that the employer has failed to provide the benefits1 wages1 and working conditions that the employer has attested that it would provide under this subsection1 the ,secretary shall require payment of back wages1 or such other required benefits1 due any ,united ,states workers or ,h-#b;,c workers employed by the employer4 7#b7 ,amount ,the back wages or other required benefits described in paragraph 7#a7-- 7,a7 shall be equal to the difference between the amount that should have been paid and the amount that was paid to such workers2 and 7,b7 shall be distributed to the workers to whom such wages or benefits are due4 7k7 ,minimum wages1 benefits1 and working conditions 7#a7 ,preferential treatment of ,h-#b;,c workers prohibited 7,a7 ,in general ,each employer seeking to hire ,united ,states workers for the job the ,h-#b;,c workers will perform shall offer such ,united ,states workers not less than the same benefits1 wages1 and working conditions that the employer will provide to the ,h-#b;,c workers4 ,no job offer may impose on ,united ,states workers any restrictions or obligations which will not be imposed on ,h-#b;,c workers4 7,b7 ,interpretation ,every interpretation and determination made under this section or under any other law1 regulation1 or interpretative provision regarding the nature1 scope1 and timing of the provision of these and any other benefits1 wages1 and other terms and conditions of employment shall be made so that-- 7i7 the services of workers to their employers and the employment opportunities afforded to workers by the employers1 including those employment opportunities that require ,united ,states workers or ,h-#b;,c workers to travel or relocate in order to accept or perform employment-- 7,i7 mutually benefit such workers1 as well as their families1 and employers2 and 7,,ii7 principally benefit neither employer nor employee2 and 7ii7 employment opportunities within the ,united ,states benefit the ,united ,states economy4 7#b7 ,required wages 7,a7 ,in general ,each employer petitioning for ,h-#b;,c workers under this subsection will offer the ,h-#b;,c workers1 during the period of authorized employment as ,h-#b;,c workers1 wages that are at least the greatest of-- 7i7 the applicable ,state or local minimum wage2 7ii7 #aae percent of the ,federal minimum wage1 or #aej percent of the ,federal minimum wage in the case of ,h-#b;,c workers who perform agricultural labor or services consisting of meat or poultry processing2 or 7iii7 the actual wage level paid by the employer to all other individuals in the job4 7,b7 ,special rule ,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 7,a7 for the total hours worked in each pay period4 ,compensation from a piece rate or other alternative wage payment system shall include time spent during rest breaks1 moving from job to job1 clean up1 or any other nonproductive time1 provided that such time does not exceed #bj percent of the total hours in the work day4 7#c7 ,employment guarantee 7,a7 ,in general 7i7 ,requirement ,each employer petitioning for workers under this subsection shall guarantee to offer the ,h-#b;,c workers and ,united ,states workers performing the same job employment for the hourly equivalent of not less than #ej percent of the work hours set forth in the work contract4 7ii7 ,failure to meet guarantee ,if an employer affords the ,united ,states workers or the ,h-#b;,c workers less employment than that required under this subparagraph1 the employer shall pay such workers the amount which the workers would have earned if the workers had worked for the guaranteed number of hours4 7,b7 ,calculation of hours ,any hours which workers fail to work1 up to a maximum of the number of hours specified in the work contract for a work day1 when the workers have been offered an opportunity to do so1 and all hours of work actually performed 7including voluntary work in excess of the number of hours specified in the work contract in a work day7 may be counted by the employer in calculating whether the period of guaranteed employment has been met4 7,c7 ,limitation ,if the workers abandon employment before the end of the work contract period1 or are terminated for cause1 the workers are not entitled to the #ej percent guarantee described in subparagraph 7,a74 7,d7 ,termination of employment 7i7 ,in general ,if1 before the expiration of the period of employment specified in the work contract1 the services of the workers are no longer required due to any form of natural disaster1 including flood1 hurricane1 freeze1 earthquake1 fire1 drought1 plant or animal disease1 pest infestation1 regulatory action1 or any other reason beyond the control of the employer before the employment guarantee in subparagraph 7,a7 is fulfilled1 the employer may terminate the workers' employment4 7ii7 ,requirements ,if a worker's employment is terminated under clause 7i71 the employer shall-- 7,i7 fulfill the employment guarantee in subparagraph 7,a7 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 terminated2 7,,ii7 make efforts to transfer the worker to other comparable employment acceptable to the worker2 and 7,,iii7 not later than #gb hours after termination1 notify the ,secretary of ,agriculture of such termination and stating the nature of the contract impossibility4 7l7 ,nondelegation ,the ,department of ,agriculture and the ,department of ,homeland ,security shall not delegate their investigatory1 enforcement1 or administrative functions relating to this section or section #bah;,b to other agencies or departments of the ,federal ,government4 7m7 ,compliance with bio-,security protocols ,except in the case of an imminent threat to health or safety1 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 #bah;,b shall1 when visiting such employer's place of employment1 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 employment4 7n7 ,limitation on ,h-#b;,c workers' stay in status 7#a7 ,maximum period ,the maximum continuous period of authorized status as an ,h-#b;,c worker 7including any extensions7 is #ah months for workers employed in a job that is of a temporary or seasonal nature4 ,for ,h-#b;,c workers employed in a job that is not of a temporary or seasonal nature1 the initial maximum continuous period of authorized status is #cf months and subsequent maximum continuous periods of authorized status are #ah months4 7#b7 ,requirement to remain outside the united states ,in the case of ,h-#b;,c workers who were employed in a job of a temporary or seasonal nature whose maximum continuous period of authorized status as ,h-#b;,c workers 7including any extensions7 have expired1 the aliens may not again be eligible to be ,h-#b;,c workers until they remain outside the ,united ,states for a continuous period equal to at least #a_/ab of the duration of their previous period of authorized status an ,h-#b;,c workers4 ,for ,h-#b;,c workers who were employed in a job not of a temporary or seasonal nature whose maximum continuous period of authorized status as ,h-#b;,c workers 7including any extensions7 have expired1 the aliens may not again be eligible to be ,h-#b;,c workers until they remain outside the ,united ,states for a continuous period equal to at least the lesser of #a_/ab of the duration of their previous period of authorized status as ,h-#b;,c workers or #de days4 7#c7 ,exceptions 7,a7 ,the ,secretary of ,homeland ,security shall deduct absences from the ,united ,states that take place during an ,h-#b;,c worker's period of authorized status from the period that the alien is required to remain outside the ,united ,states under paragraph 7#b71 if the alien or the alien's employer requests such a deduction1 and provides clear and convincing proof that the alien qualifies for such a deduction4 ,such proof shall consist of evidence such as arrival and departure records1 copies of tax returns1 and records of employment abroad4 7,b7 ,there is no maximum continuous period of authorized status as set forth in paragraph 7#a7 or a requirement to remain outside the ,united ,states as set forth in paragraph 7#b7 for ,h-#b;,c workers employed as a sheepherder1 goatherder1 in the range production of livestock1 or who return to the workers' permanent residence outside the ,united ,states each day4 7o7 ,period of ,admission 7#a7 ,in general ,in addition to the maximum continuous period of authorized status1 workers' authorized period of admission shall include-- 7,a7 a period of not more than #g days prior to the beginning of authorized employment as ,h-#b;,c workers for the purpose of travel to the place of employment2 and 7,b7 a period of not more than #ad days after the conclusion of their authorized employment for the purpose of departure from the ,united ,states or a period of not more than #cj days following the employment for the purpose of seeking a subsequent offer of employment by an employer pursuant to a petition under this section 7or pursuant to at-will employment under section #bah;,b during such times as that section is in effect7 if they have not reached their maximum continuous period of authorized employment under subsection 7n7 7subject to the exceptions in subsection 7n77#c77 unless they accept subsequent offers of employment as ,h-#b;,c workers or are otherwise lawfully present4 7#b7 ,failure to depart ,h-#b;,c workers who do not depart the ,united ,states within the periods referred to in paragraph 7#a7 will be considered to have failed to maintain nonimmigrant status as ,h-#b;,c workers and shall be subject to removal under section #bcg7;a77#a77;,c77i74 ,such aliens shall be considered to be inadmissible pursuant to section #bab7;a77#i77;,b77i7 for having been unlawfully present1 with the aliens considered to have been unlawfully present for #aha days as of the #aeth day following their period of employment for the purpose of departure or as of the #cast day following their period of employment for the purpose of seeking subsequent offers of employment4 7p7 ,abandonment of employment 7#a7 ,report by employer ,not later than #gb hours after an employer learns of the abandonment of employment by ,h-#b;,c workers before the conclusion of their work contracts1 the employer shall notify the ,secretary of ,agriculture and the ,secretary of ,homeland ,security of such abandonment4 7#b7 ,replacement of aliens ,an employer may designate eligible aliens to replace ,h-#b;,c workers who abandon employment notwithstanding the numerical limitation found in section #bad7;g77#a77;,c74 7q7 ,change to ,h-#b;,c status 7#a7 ,in general ,an alien described in paragraph 7#d7 is eligible for status as an ,h-#b;,c worker despite their unlawful presence4 7#b7 ,waiver ,in the case of an alien described in paragraph 7#d71 the ,secretary of ,homeland ,security shall waive the grounds of inadmissibility under paragraphs 7#e71 7#f71 7#g71 and 7#i77;,b7 of section #bab7;a71 and the grounds of deportability under subparagraphs 7,a7 through 7,d7 of paragraph 7#a71 and paragraph 7#c71 of section #bcg7;a71 with respect to conduct that occurred prior to the alien first seeking status as an ,h-#b;,c worker1 solely in order to provide the alien with such status4 7#c7 ,requirement to remain outside the ,united ,states ,an alien granted status as an ,h-#b;,c worker under this subsection shall1 after first being granted such status1 depart the ,united ,states for a period by not later than #ahj days after being issued a visa or otherwise being provided with status as an ,h-#b;,c worker4 ,failure to comply with the requirement of the previous sentence shall be considered failure to maintain nonimmigrant status1 and beginning on the date that is #ahj days after the date on which the alien was granted such status1 the alien shall be subject to removal under section #bcg7;a77#a77;,c77i74 7#d7 ,alien described ,an alien described in this paragraph is an alien who-- 7,a7 was unlawfully present in the ,united ,states on ,october #bc1 #bjag2 and 7,b7 performed agricultural labor or services in the ,united ,states for at least #e4ge hours during each of at least #ahj days during the #b-year period ending on the date of the enactment of the ,,ag ,act4 7r7 ,trust fund ,to assure worker return 7#a7 ,establishment ,there is established in the ,treasury of the ,united ,states a trust fund 7in this section referred to as the ,trust ,fund7 for the purpose of providing a monetary incentive for ,h-#b;,c workers to return to their country of origin upon expiration of their visas4 7#b7 ,withholding of wages2 payment into the trust fund 7,a7 ,in general ,notwithstanding the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq47 and ,state and local wage laws1 all employers of ,h-#b;,c workers shall withhold from the wages of all ,h-#b;,c workers other than those employed as sheepherders1 goatherders1 in the range production of livestock1 or who return to the their permanent residence outside the ,united ,states each day1 an amount equivalent to #aj percent of the gross wages of each worker in each pay period and1 on behalf of each worker1 transfer such withheld amount to the ,trust ,fund4 7,b7 ,jobs that are not of a temporary or seasonal nature ,employers of ,h-#b;,c workers employed in jobs that are not of a temporary or seasonal nature1 other than those employed as a sheepherder1 goatherder1 or in the range production of livestock1 shall also pay into the ,trust ,fund an amount equivalent to the ,federal tax on the wages paid to ,h-#b;,c workers that the employer would be obligated to pay under chapters #ba and #bc of the ,internal ,revenue ,code of #aihf had the ,h-#b;,c workers been subject to such chapters4 7#c7 ,distribution of funds ,amounts paid into the ,trust ,fund on behalf of an ,h-#b;,c worker1 and held pursuant to paragraph 7#b77;,a7 and interest earned thereon1 shall be transferred from the ,trust ,fund to the ,secretary of ,homeland ,security1 who shall distribute them to the worker if the worker-- 7,a7 applies to the ,secretary of ,homeland ,security 7or the designee of the ,secretary7 for payment within #abj days of the expiration of the alien's last authorized stay in the ,united ,states as an ,h-#b;,c worker1 for which they seek amounts from the ,trust ,fund2 7,b7 establishes to the satisfaction of the ,secretary of ,homeland ,security that they have complied with the terms and conditions of the ,h-#b;,c program2 7,c7 once approved by the ,secretary of ,homeland ,security for payment1 physically appears at a ,united ,states embassy or consulate in the worker's home country2 and 7,d7 establishes their identity to the satisfaction of the ,secretary of ,homeland ,security4 7#d7 ,administrative expenses ,the amounts paid into the ,trust ,fund and held pursuant to paragraph 7#b77;,b71 and interest earned thereon1 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-#b;,c program4 7#e7 ,law enforcement ,notwithstanding any other provision of law1 amounts paid into the ,trust ,fund under paragraph 7#b71 and interest earned thereon1 that are not needed to carry out paragraphs 7#c7 and 7#d7 shall1 to the extent provided in advance in appropriations ,acts1 be made available until expended without fiscal year limitation to the ,secretary of ,homeland ,security to apprehend1 detain1 and remove aliens inadmissible to or deportable from the ,united ,states4 7#f7 ,investment of trust fund 7,a7 ,in general ,it shall be the duty of the ,secretary of the ,treasury to invest such portion of the ,trust ,fund as is not1 in the ,secretary's judgment1 required to meet current withdrawals4 ,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 ,states4 7,b7 ,credits to trust fund ,the interest on1 and the proceeds from the sale or redemption of1 any obligations held in the ,trust ,fund shall be credited to and form a part of the ,trust ,fund4 7,c7 ,report to ,congress ,it shall be the duty of the ,secretary of the ,treasury to hold the ,trust ,fund1 and 7after consultation with the ,secretary of ,homeland ,security7 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 year4 ,such report shall be printed as both a ,house and a ,senate document of the session of the ,congress in which the report is made4 7s7 ,procedures for special procedures industries 7#a7 ,work locations ,the ,secretary of ,homeland ,security shall permit an employer in a ,special ,procedures ,industry that does not operate at a single fixed place of employment to provide1 as part of its petition1 a list of places of employment1 which-- 7,a7 may include an itinerary2 and 7,b7 may be subsequently amended at any time by the employer1 after notice to the ,secretary4 7#b7 ,wages ,notwithstanding subsection 7k77#b71 the ,secretary of ,agriculture may establish monthly1 weekly1 or biweekly wage rates for occupations in a ,special ,procedures ,industry for a ,state or other geographic area4 ,for an employer in a ,special ,procedures ,industry that typically pays a monthly wage1 the ,secretary shall require that ,h-#b;,c 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 ,secretary4 7#c7 ,allergy limitation ,an employer engaged in the commercial beekeeping or pollination services industry may require that job applicants be free from bee-related allergies1 including allergies to pollen and bee venom4 4 7b7 ,at-,will employment ,chapter #b of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaha et seq47 is amended by inserting after section #bah;,a 7as inserted by subsection 7a77 the following3 #bah;,b4 ,at-will employment of temporary ,h-#b;,c workers 7a7 ,in general ,an employer that is designated as a registered agricultural employer pursuant to subsection 7d7 may employ aliens as ,h-#b;,c workers4 ,however1 an ,h-#b;,c 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-#b;,c worker1 having been admitted or otherwise provided nonimmigrant status pursuant to section #bah;,a1 and has completed the period of employment specified in the job offer the worker accepted pursuant to section #bah;,a or the employer has terminated the worker's employment pursuant to section #bah;,a7k77#c77;,d77i74 ,an ,h-#b;,c worker who abandons the employment which was the basis for admission or status pursuant to section #bah;,a may not perform labor or services pursuant to this section until the worker has returned to their home country1 been readmitted as an ,h-#b;,c worker pursuant to section #bah;,a and has completed the period of employment specified in the job offer the worker accepted pursuant to section #bah;,a or the employer has terminated the worker's employment pursuant to section #bah;,a7k77#c77;,d77i74 7b7 ,period of stay ,h-#b;,c workers performing at-will labor or services for a registered agricultural employer are subject to the period of admission1 limitation of stay in status1 and requirement to remain outside the ,united ,states contained in subsections 7o7 and 7n7 of section #bah;,a1 except that subsection 7n77#c77;,a7 does not apply4 7c7 ,registered agricultural employers ,the ,secretary of ,agriculture shall establish a process to accept and adjudicate applications by employers to be designated as registered agricultural employers4 ,the ,secretary shall require1 as a condition of approving the application1 the payment of a fee to recover the reasonable cost of processing the application4 ,the ,secretary shall designate an employer as a registered agricultural employer if the ,secretary determines that the employer-- 7#a7 employs 7or plans to employ7 individuals who perform agricultural labor or services2 7#b7 has not been subject to debarment from receiving temporary agricultural labor certifications pursuant to section #aja7;a77#ae77;,h77ii77a7 within the last three years2 7#c7 has not been subject to disqualification from the employment of ,h-#b;,c workers within the last five years2 7#d7 agrees to1 if employing ,h-#b;,c workers pursuant to this section1 fulfill the attestations contained in section #bah;,a7b7 as if it had submitted a petition making those attestations 7excluding subsection 7k77#c7 of such section7 and not to employ ,h-#b;,c workers who have reached their maximum continuous period of authorized status under section #bah;,a7n7 7subject to the exceptions contained in section #bah;,a7n77#c77 or if the workers have complied with the terms of section #bah;,a7n77#b72 and 7#e7 agrees to notify the ,secretary of ,agriculture and the ,secretary of ,homeland ,security each time it employs ,h-#b;,c workers pursuant to this section within #gb hours of the commencement of employment and within #gb hours of the cessation of employment4 7d7 ,length of designation ,an employer's designation as a registered agricultural employer shall be valid for #c years1 and the designation can be extended upon reapplication for additional #c-year terms4 ,the ,secretary shall revoke a designation before the expiration of its #c-year term if the employer is subject to disqualification from the employment of ,h-#b;,c workers subsequent to being designated as a registered agricultural employer4 7e7 ,enforcement ,the ,secretary of ,agriculture shall be responsible for conducting investigations and audits1 including random audits1 of employers to ensure compliance with the requirements of this section4 ,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 #bah;,a4 ,the ,secretary of ,agriculture's enforcement powers and an employer's liability described in subsections 7i7 through 7j7 of section #bah;,a are applicable to employers employing ,h-#b;,c workers pursuant to this section4 4 7c7 ,prohibition on family members ,section #aja7;a77#ae77;,h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77 is amended by striking him2 at the end and inserting him1 except that no spouse or child may be admitted under clause 7ii77c724 7d7 ,numerical cap ,section #bad7;g77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;g77#a77 is amended-- 7#a7 in subparagraph 7,a71 by striking or at the end2 7#b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7,c7 under section #aja7;a77#ae77;,h77ii77c7-- 7i7 except as otherwise provided under this subparagraph1 may not exceed #dj1jjj 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 processing2 7ii7 except as otherwise provided under this subparagraph1 may not exceed #daj1jjj 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 processing2 7iii7 if the base allocation under clause 7i7 or 7ii7 is exhausted during any fiscal year1 the base allocation under such clause for that and subsequent fiscal years shall be increased by the lesser of #aj percent or a percentage representing the number of petitioned-for aliens 7as a percentage of the base allocation7 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 exhausted1 and if the increased base allocation is itself exhausted during a subsequent fiscal year1 the base allocation for that and subsequent fiscal years shall be further increased by the lesser of #aj percent or a percentage representing the number of petitioned-for aliens 7as a percentage of the increased base allocation7 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 7subject to clause 7iv772 7iv7 if the base allocation under clause 7i7 or 7ii7 is not exhausted during any fiscal year1 the base allocation under such clause for subsequent fiscal years shall be decreased by the greater of #e percent or a percentage representing the unutilized portion of the base allocation 7as a percentage of the base allocation7 during that fiscal year1 and if in a subsequent fiscal year the decreased base allocation is itself not exhausted1 the base allocation for fiscal years subsequent to that fiscal year shall be further decreased by the greater of #e percent or a percentage representing the unutilized portion of the decreased base allocation 7as a percentage of the decreased base allocation7 during that fiscal year 7subject to clause 7iii7 and except that the base allocations under clauses 7i7 and 7ii7 shall not fall below #dj1jjj and #daj1jjj1 respectively72 and 7v7 the numerical limitations under this subparagraph shall not apply to any alien-- 7,i7 who-- 7aa7 was physically present in the ,united ,states on ,october #bc1 #bjag2 and 7bb7 performed agricultural labor or services in the ,united ,states for at least #e4ge hours during each of at least #ahj days during the #b-year period ending on the date of the enactment of the ,,ag ,act2 or 7,,ii7 who has previously been issued a visa or otherwise provided nonimmigrant status pursuant to subclause 7a7 or 7b7 of section #aja7;a77#ae77;,h77ii71 but only to the extent that the alien is being petitioned for by an employer pursuant to section #bah;,a7b7 who previously employed the alien pursuant to subclause 7a7 or 7b7 of section #aja7;a77#ae77;,h77ii7 beginning no later than ,october #bc1 #bjag4 4 7e7 ,intent ,section #bad7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;b77 is amended by striking section #aja7;a77#ae77;,h77i7 except subclause 7b#a7 of such section and inserting clause 7i71 except subclause 7b#a71 or 7ii77c7 of section #aja7;a77#ae77;,h74 7f7 ,clerical amendment ,the table of contents for the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by inserting after the item relating to section #bah the following3 ,sec4 #bah;,a4 ,admission of temporary ,h-#b;,c workers4 ,sec4 #bah;,b4 ,at-will employment of temporary ,h-#b;,c workers4 4 #d4 ,mediation ,nonimmigrants having status under section #aja7;a77#ae77;,h77ii77c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77c77 may not bring civil actions for damages against their employers1 nor may any other attorneys or individuals bring civil actions for damages on behalf of such nonimmigrants against the nonimmigrants' employers1 unless at least #ij 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 attempted4 #e4 ,migrant and seasonal agricultural worker protection ,section #c7h77;,b77ii7 of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahjb7h77;,b77ii77 is amended by striking under sections #aja7;a77#ae77;,h77ii77a7 and #bad7;c7 of the ,immigration and ,nationality ,act4 and inserting under subclauses 7a7 and 7c7 of section #aja7;a77#ae77;,h77ii71 and section #bad7;c71 of the ,immigration and ,nationality ,act44 #f4 ,binding arbitration 7a7 ,applicability ,h-#b;,c workers may1 as a condition of employment with an employer1 be subject to mandatory binding arbitration and mediation of any grievance relating to the employment relationship4 ,an employer shall provide any such workers with notice of such condition of employment at the time it makes job offers4 7b7 ,allocation of costs ,any cost associated with such arbitration and mediation process shall be equally divided between the employer and the ,h-#b;,c workers1 except that each party shall be responsible for the cost of its own counsel1 if any4 7c7 ,definitions ,as used in this section3 7#a7 ,the term condition of employment means a term1 condition1 obligation1 or requirement that is part of the job offer1 such as the term of employment1 job responsibilities1 employee conduct standards1 and the grievance resolution process1 and to which applicants or prospective ,h-#b;,c workers must consent or accept in order to be hired for the position4 7#b7 ,the term ,h-#b;,c worker means a nonimmigrant described in section #bah;,a7a77#e7 of the ,immigration and ,nationality ,act1 as added by section #c7;a7 of this ,act4 #g4 ,eligibility for health care subsidies and refundable tax credits2 required health insurance coverage 7a7 ,health care subsidies ,h-#b;,c workers 7as defined in section #bah;,a7a77#e7 of the ,immigration and ,nationality ,act1 as added by section #c7;a7 of this ,act7-- 7#a7 are not entitled to the premium assistance tax credit authorized under section #cf;,b of the ,internal ,revenue ,code of #aihf and shall be subject to the rules applicable to individuals who are not lawfully present set forth in subsection 7e7 of such section2 and 7#b7 shall be subject to the rules applicable to individuals who are not lawfully present set forth in section #adjb7;e7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjga7;e774 7b7 ,refundable tax credits ,h-#b;,c workers 7as defined in section #bah;,a7a77#e7 of the ,immigration and ,nationality ,act1 as added by section #c7;a7 of this ,act71 shall not be allowed any credit under sections #bd and #cb of the ,internal ,revenue ,code of #aihf4 ,in the case of a joint return1 no credit shall be allowed under either such section if both spouses are such workers or aliens4 7c7 ,requirement regarding health insurance coverage ,notwithstanding the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq47 and ,state and local wage laws1 not later than #ba days after being issued a visa or otherwise provided nonimmigrant status under section #aja7;a77#ae77;,h77ii77c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77c771 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 #bah;,a7b77#a7 of the ,immigration and ,nationality ,act4 ,h-#b;,c workers under section #bah;,a or #bah;,b 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 #aja7;a77#ae77;,h77ii77c7 of the ,immigration and ,nationality ,act and shall be subject to removal under section #bcg7;a77#a77;,c77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7;a77#a77;,c77i774 #h4 ,effective dates2 sunset2 regulations 7a7 ,effective dates 7#a7 ,in general ,sections #b and #d through #f of this ,act1 subsections 7a7 and 7c7 through 7f7 of section #c of this ,act1 and the amendments made by the sections1 shall take effect on the date on which the ,secretary issues the rules under subsection 7c7 of this section1 and the ,secretary of ,homeland ,security shall accept petitions pursuant to section #bah;,a of the ,immigration and ,nationality ,act1 as inserted by this ,act1 beginning no later than that date4 ,section #g of this ,act shall take effect on the date of the enactment of the ,act4 7#b7 ,at-will employment ,section #c7;b7 of this ,act and the amendments made by that subsection shall take effect on the date that it becomes unlawful for all persons or other entities to hire1 or to recruit or refer for a fee1 for employment in the ,united ,states an individual 7as provided in section #bgd;,a7a77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7a77#a777 without participating in the ,e-,verify ,program described in section #djc7;a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note7 or an employment eligibility verification system patterned on such program's verification system1 and only if at that time the ,e-,verify ,program 7or another program patterned after the ,e-,verify ,program7 responds to inquiries made by such persons or entities by providing confirmation1 tentative nonconfirmation1 and final nonconfirmation of an individual's identity and employment eligibility in such a way that indicates whether the individual is eligible to be employed in all occupations or only to perform agricultural labor or services under sections #bah;,a and #bai;,b of the ,immigration and ,nationality ,act1 as added by section #c of this ,act1 and if the latter1 whether the nonimmigrant would be in compliance with their maximum continuous period of authorized status and requirement to remain outside the ,united ,states under section #bah;,a7n7 of such ,act1 as added by section #c7;a7 of this ,act1 and on what date the alien would cease to be in compliance with their maximum continuous period of authorized status4 7b7 ,operation and sunset of the ,h-#b;,a program 7#a7 ,application of existing regulations ,the ,department of ,labor ,h-#b;,a program regulations published at #gc ,fed4 ,reg4 #ggaaj et seq4 7#bjjh7 shall be in force for all petitions approved under sections #aja7;a77#ae77;,h77ii77a7 and #bah of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;h77ii77a72 #h ,u4,s4,c4 #aahh7 beginning on the date of the enactment of this ,act1 except that the following1 as in effect on the date of the enactment of this ,act1 shall remain in effect1 and1 to the extent that any rule published at #gc ,fed4 ,reg4 #ggaaj et seq4 is in conflict1 such rule shall have no force and effect3 7,a7 ,paragraph 7a7 and subparagraphs 7#a7 and 7#c7 of paragraph 7b7 of section #fee4bjj of title #bj1 ,code of ,federal ,regulations4 7,b7 ,section #fee4bja of title #bj1 ,code of ,federal ,regulations1 except the paragraphs entitled ,production of ,livestock and ,range4 7,c7 ,paragraphs 7c71 7d71 and 7e7 of section #fee4baj of title #bj1 ,code of ,federal ,regulations4 7,d7 ,section #fee4bcj of title #bj1 ,code of ,federal ,regulations4 7,e7 ,section #fee4bce of title #bj1 ,code of ,federal ,regulations4 7,f7 ,the ,special ,procedures ,labor ,certification ,process for ,employers in the ,itinerant ,animal ,shearing ,industry under the ,h-#b;,a ,program in effect under the ,training and ,employment ,guidance ,letter ,no4 #ag-jf1 ,change #a1 ,attachment ,b1 ,section ,,ii1 with an effective date of ,october #a1 #bjaa4 7#b7 ,sunset ,beginning on the date on which employers can file petitions pursuant to section #bah;,a of the ,immigration and ,nationality ,act1 as added by section #c7;a7 of this ,act1 no new petitions under sections #aja7;a77#ae77;,h77ii77a7 and #bah of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77a72 #h ,u4,s4,c4 #aahh7 shall be accepted4 7c7 ,regulations ,notwithstanding any other provision of law1 not later than the first day of the seventh month that begins after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall issue final rules1 on an interim or other basis1 to carry out this ,act4