,i #aafth ,,congress #ast ,session ,h4 ,r4 #diaf ,,in ,,the ,,house ,,of ,,representatives ,october #cj1 #bjai,ms4 ,lofgren 7for herself1 ,mr4 ,newhouse1 ,mr4 ,peterson1 ,mr4 ,simpson1 ,ms4 ,snchez1 ,mr4 ,diaz-,balart1 ,mr4 ,panetta1 ,mr4 ,la,malfa1 ,mr4 ,cox of ,california1 ,mr4 ,amodei1 ,mr4 ,costa1 ,mr4 ,baird1 ,mr4 ,harder of ,california1 ,mrs4 ,brooks of ,indiana1 ,mr4 ,brindisi1 ,mr4 ,cole1 ,ms4 ,judy ,chu of ,california1 ,mr4 ,curtis1 ,ms4 ,fudge1 ,mr4 ,rodney ,davis of ,illinois1 ,mr4 ,lawson of ,florida1 ,mr4 ,gibbs1 ,ms4 ,slotkin1 ,mrs4 ,rodgers of ,washington1 ,mr4 ,correa1 ,mr4 ,mitchell1 ,ms4 ,torres ,small of ,new ,mexico1 ,mr4 ,nunes1 ,ms4 ,garcia of ,texas1 ,mr4 ,reed1 ,mr4 ,david ,scott of ,georgia1 ,ms4 ,stefanik1 ,mr4 ,carbajal1 ,mr4 ,stivers1 ,mr4 ,schrader1 ,mr4 ,upton1 ,ms4 ,craig1 ,mr4 ,young1 ,mr4 ,crdenas1 ,mr4 ,walden1 ,mr4 ,vela1 ,ms4 ,spanberger1 ,mrs4 ,torres of ,california1 ,ms4 ,schrier1 and ,mr4 ,fitzpatrick7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,ways and ,means1 ,education and ,labor1 and ,financial ,services1 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 amend the ,immigration and ,nationality ,act to provide for terms and conditions for nonimmigrant workers performing agricultural labor or services1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,farm ,workforce ,modernization ,act of #bjai4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,securing the ,domestic ,agricultural ,workforce ,subtitle ,a--,temporary ,status for ,certified ,agricultural ,workers ,sec4 #aja4 ,certified agricultural worker status4 ,sec4 #ajb4 ,terms and conditions of certified status4 ,sec4 #ajc4 ,extensions of certified status4 ,sec4 #ajd4 ,determination of continuous presence4 ,sec4 #aje4 ,employer obligations4 ,sec4 #ajf4 ,administrative and judicial review4 ,subtitle ,b--,optional ,earned ,residence for ,long-,term ,workers ,sec4 #aaa4 ,optional adjustment of status for long-term agricultural workers4 ,sec4 #aab4 ,payment of taxes4 ,sec4 #aac4 ,adjudication and decision2 review4 ,subtitle ,c--,general ,provisions ,sec4 #aba4 ,definitions4 ,sec4 #abb4 ,rulemaking2 ,fees4 ,sec4 #abc4 ,background checks4 ,sec4 #abd4 ,protection for children4 ,sec4 #abe4 ,limitation on removal4 ,sec4 #abf4 ,documentation of agricultural work history4 ,sec4 #abg4 ,employer protections4 ,sec4 #abh4 ,correction of ,social ,security records4 ,sec4 #abi4 ,disclosures and privacy4 ,sec4 #acj4 ,penalties for false statements in applications4 ,sec4 #aca4 ,dissemination of information4 ,sec4 #acb4 ,exemption from numerical limitations4 ,sec4 #acc4 ,reports to ,congress4 ,sec4 #acd4 ,grant program to assist eligible applicants4 ,sec4 #ace4 ,authorization of appropriations4 ,title ,,ii--,ensuring an ,agricultural ,workforce for the ,future ,subtitle ,a--,reforming the ,h-#b;,a ,temporary ,worker ,program ,sec4 #bja4 ,comprehensive and streamlined electronic ,h-#b;,a platform4 ,sec4 #bjb4 ,h-#b;,a program requirements4 ,sec4 #bjc4 ,agency roles and responsibilities4 ,sec4 #bjd4 ,worker protection and compliance4 ,sec4 #bje4 ,report on wage protections4 ,sec4 #bjf4 ,portable ,h-#b;,a visa pilot program4 ,sec4 #bjg4 ,improving access to permanent residence4 ,subtitle ,b--,preservation and ,construction of ,farmworker ,housing ,sec4 #bbj4 ,short title4 ,sec4 #bba4 ,permanent establishment of housing preservation and revitalization program4 ,sec4 #bbb4 ,eligibility for rural housing vouchers4 ,sec4 #bbc4 ,amount of voucher assistance4 ,sec4 #bbd4 ,rental assistance contract authority4 ,sec4 #bbe4 ,funding for multifamily technical improvements4 ,sec4 #bbf4 ,plan for preserving affordability of rental projects4 ,sec4 #bbg4 ,covered housing programs4 ,sec4 #bbh4 ,new farmworker housing4 ,sec4 #bbi4 ,loan and grant limitations4 ,sec4 #bcj4 ,operating assistance subsidies4 ,sec4 #bca4 ,eligibility of certified workers4 ,subtitle ,c--,foreign ,labor ,recruiter ,accountability ,sec4 #bea4 ,registration of foreign labor recruiters4 ,sec4 #beb4 ,enforcement4 ,sec4 #bec4 ,appropriations4 ,sec4 #bed4 ,definitions4 ,title ,,iii--,electronic ,verification of ,employment ,eligibility ,sec4 #cja4 ,electronic employment eligibility verification system4 ,sec4 #cjb4 ,mandatory electronic verification for the agricultural industry4 ,sec4 #cjc4 ,coordination with ,e-,verify ,program4 ,sec4 #cjd4 ,fraud and misuse of documents4 ,sec4 #cje4 ,technical and conforming amendments4 ,sec4 #cjf4 ,protection of ,social ,security ,administration programs4 ,sec4 #cjg4 ,report on the implementation of the electronic employment verification system4 ,sec4 #cjh4 ,modernizing and streamlining the employment eligibility verification process4 ,sec4 #cji4 ,rulemaking and ,paperwork ,reduction ,act4 ,i ,securing the ,domestic ,agricultural ,workforce ,a ,temporary ,status for ,certified ,agricultural ,workers #aja4 ,certified agricultural worker status 7a7 ,requirements for certified agricultural worker status 7#a7 ,principal aliens ,the ,secretary may grant certified agricultural worker status to an alien who submits a completed application1 including the required processing fees1 before the end of the period set forth in subsection 7c7 and who-- 7,a7 performed agricultural labor or services in the ,united ,states for at least #a1jce hours 7or #ahj work days7 during the #b-year period preceding the date of the introduction of this ,act2 7,b7 is inadmissible or deportable from the ,united ,states on the date of the introduction of this ,act2 7,c7 subject to section #ajd1 has been continuously present in the ,united ,states since the date of the introduction of this ,act and until the date on which the alien is granted certified agricultural worker status2 and 7,d7 is not otherwise ineligible for certified agricultural worker status as provided in subsection 7b74 7#b7 ,dependent spouse and children ,the ,secretary may grant certified agricultural dependent status to the spouse or child of an alien granted certified agricultural worker status under paragraph 7#a7 if the spouse or child is not ineligible for certified agricultural dependent status as provided in subsection 7b74 7b7 ,grounds for ineligibility 7#a7 ,grounds of inadmissibility ,except as provided in paragraph 7#c71 an alien is ineligible for certified agricultural worker or certified agricultural dependent status if the ,secretary determines that the alien is inadmissible under section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a771 except that in determining inadmissibility-- 7,a7 paragraphs 7#d71 7#e71 7#g71 and 7#i77;,b7 of such section shall not apply2 7,b7 subparagraphs 7,a71 7,c71 7,d71 7,f71 and 7,g7 of such section #bab7;a77#f7 and paragraphs 7#i77;,c7 and 7#aj77;,b7 of such section #bab7;a7 shall not apply unless based on the act of unlawfully entering the ,united ,states after the date of introduction of this ,act2 and 7,c7 paragraphs 7#f77;,b7 and 7#i77;,a7 of such section #bab7;a7 shall not apply unless the relevant conduct began on or after the date of filing of the application for certified agricultural worker status4 7#b7 ,additional criminal bars ,except as provided in paragraph 7#c71 an alien is ineligible for certified agricultural worker or certified agricultural dependent status if the ,secretary determines that1 excluding any offense under ,state law for which an essential element is the alien's immigration status and any minor traffic offense1 the alien has been convicted of-- 7,a7 any felony offense2 7,b7 an aggravated felony 7as defined in section #aja7;a77#dc7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dc77 at the time of the conviction72 7,c7 two misdemeanor offenses involving moral turpitude1 as described in section #bab7;a77#b77;,a77i77,i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b77;,a77i77,i771 unless an offense is waived by the ,secretary under paragraph 7#c77;,b72 or 7,d7 three or more misdemeanor offenses not occurring on the same date1 and not arising out of the same act1 omission1 or scheme of misconduct4 7#c7 ,waivers for certain grounds of inadmissibility ,for humanitarian purposes1 family unity1 or if otherwise in the public interest1 the ,secretary may waive the grounds of inadmissibility under-- 7,a7 paragraph 7#a71 7#f77;,e71 or 7#aj77;,d7 of section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a772 or 7,b7 subparagraphs 7,a7 and 7,d7 of section #bab7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b771 unless inadmissibility is based on a conviction that would otherwise render the alien ineligible under subparagraph 7,a71 7,b71 or 7,d7 of paragraph 7#b74 7c7 ,application 7#a7 ,application period ,except as provided in paragraph 7#b71 the ,secretary shall accept initial applications for certified agricultural worker status during the #ah-month period beginning on the date on which the interim final rule is published in the ,federal ,register pursuant to section #abb7;a74 7#b7 ,extension ,if the ,secretary determines1 during the initial period described in paragraph 7#a71 that additional time is required to process initial applications for certified agricultural worker status or for other good cause1 the ,secretary may extend the period for accepting applications for up to an additional #ab months4 7#c7 ,submission of applications 7,a7 ,in general ,an alien may file an application with the ,secretary under this section with the assistance of an attorney or a nonprofit religious1 charitable1 social service1 or similar organization recognized by the ,board of ,immigration ,appeals under section #bib4b of title #h1 ,code of ,federal ,regulations4 ,the ,secretary shall also create a procedure for accepting applications filed by qualified designated entities with the consent of the applicant4 7,b7 ,farm service agency offices ,the ,secretary1 in consultation with the ,secretary of ,agriculture1 shall establish a process for the filing of applications under this section at ,farm ,service ,agency offices throughout the ,united ,states4 7#d7 ,evidence of application filing ,as soon as practicable after receiving an application for certified agricultural worker status1 the ,secretary shall provide the applicant with a document acknowledging the receipt of such application4 ,such document shall serve as interim proof of the alien's authorization to accept employment in the ,united ,states and shall be accepted by an employer as evidence of employment authorization under section #bgd;,a7b77#a77;,c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7b77#a77;,c771 pending a final administrative decision on the application4 7#e7 ,effect of pending application ,during the period beginning on the date on which an alien applies for certified agricultural worker status under this subtitle1 and ending on the date on which the ,secretary makes a final administrative decision regarding such application1 the alien and any dependents included in the application-- 7,a7 may apply for advance parole1 which shall be granted upon demonstrating a legitimate need to travel outside the ,united ,states for a temporary purpose2 7,b7 may not be detained by the ,secretary or removed from the ,united ,states unless the ,secretary makes a prima facie determination that such alien is1 or has become1 ineligible for certified agricultural worker status2 7,c7 may not be considered unlawfully present under section #bab7;a77#i77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#i77;,b772 and 7,d7 may not be considered an unauthorized alien 7as defined in section #bgd;,a7h77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7h77#c7774 7#f7 ,withdrawal of application ,the ,secretary shall1 upon receipt of a request from the applicant to withdraw an application for certified agricultural worker status under this subtitle1 cease processing of the application1 and close the case4 ,withdrawal of the application shall not prejudice any future application filed by the applicant for any immigration benefit under this ,act or under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7d7 ,adjudication and decision 7#a7 ,in general ,subject to section #abc1 the ,secretary shall render a decision on an application for certified agricultural worker status not later than #ahj days after the date the application is filed4 7#b7 ,notice ,prior to denying an application for certified agricultural worker status1 the ,secretary shall provide the alien with-- 7,a7 written notice that describes the basis for ineligibility or the deficiencies in the evidence submitted2 and 7,b7 at least #ij days to contest ineligibility or submit additional evidence4 7#c7 ,amended application ,an alien whose application for certified agricultural worker status is denied under this section may submit an amended application for such status to the ,secretary if the amended application is submitted within the application period described in subsection 7c7 and contains all the required information and fees that were missing from the initial application4 7e7 ,alternative ,h-#b;,a status ,an alien who has not met the required period of agricultural labor or services under subsection 7a77#a77;,a71 but is otherwise eligible for certified agricultural worker status under such subsection1 shall be eligible for classification as a nonimmigrant described in section #aja7;a77#ae77;,h77ii77a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77a77 upon approval of a petition submitted by a sponsoring employer1 if the alien has performed at least #ege hours 7or #ajj work days7 of agricultural labor or services during the #c-year period preceding the date of the introduction of this ,act4 ,the ,secretary shall create a procedure to provide for such classification without requiring the alien to depart the ,united ,states and obtain a visa abroad4 #ajb4 ,terms and conditions of certified status 7a7 ,in general 7#a7 ,approval ,upon approval of an application for certified agricultural worker status1 or an extension of such status pursuant to section #ajc1 the ,secretary shall issue-- 7,a7 documentary evidence of such status to the applicant2 and 7,b7 documentary evidence of certified agricultural dependent status to any qualified dependent included on such application4 7#b7 ,documentary evidence ,in addition to any other features and information as the ,secretary may prescribe1 the documentary evidence described in paragraph 7#a7-- 7,a7 shall be machine-readable and tamper-resistant2 7,b7 shall contain a digitized photograph2 7,c7 shall serve as a valid travel and entry document for purposes of applying for admission to the ,united ,states2 and 7,d7 shall be accepted during the period of its validity by an employer as evidence of employment authorization and identity under section #bgd;,a7b77#a77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7b77#a77;,b774 7#c7 ,validity period ,certified agricultural worker and certified agricultural dependent status shall be valid for five and one-half years beginning on the date of approval4 7#d7 ,travel authorization ,an alien with certified agricultural worker or certified agricultural dependent status may-- 7,a7 travel within and outside of the ,united ,states1 including commuting to the ,united ,states from a residence in a foreign country2 and 7,b7 be admitted to the ,united ,states upon return from travel abroad without first obtaining a visa if the alien is in possession of-- 7i7 valid1 unexpired documentary evidence of certified agricultural worker or certified agricultural worker dependent status as described in subsection 7a72 or 7ii7 a travel document that has been approved by the ,secretary and was issued to the alien after the alien's original documentary evidence was lost1 stolen1 or destroyed4 7b7 ,ability ,to change status 7#a7 ,change to certified agricultural worker status ,notwithstanding section #aja7;a71 an alien with valid certified agricultural dependent status may apply to change to certified agricultural worker status1 at any time1 if the alien-- 7,a7 submits a completed application1 including the required processing fees2 and 7,b7 is not ineligible for certified agricultural worker status under section #aja7;b74 7#b7 ,clarification ,nothing in this title prohibits an alien granted certified agricultural worker or certified agricultural dependent status from changing status to any other nonimmigrant classification for which the alien may be eligible4 7c7 ,prohibition on public benefits1 tax benefits1 and health care subsidies ,aliens granted certified agricultural worker or certified agricultural dependent status shall be considered lawfully present in the ,united ,states for all purposes for the duration of their status1 except that such aliens-- 7#a7 are not eligible for ,federal means-tested public benefits that are unavailable to qualified aliens under section #djc of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afac72 7#b7 are not entitled to the premium assistance tax credit authorized under section #cf;,b of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #cf;,b71 and shall be subject to the rules applicable to individuals who are not lawfully present set forth in subsection 7e7 of such section2 7#c7 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;e772 and 7#d7 shall be subject to the rules applicable to individuals not lawfully present set forth in section #ejjj;,a7d77#c7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #ejjj;,a7d77#c774 7d7 ,revocation of status 7#a7 ,in general ,the ,secretary may revoke certified agricultural worker or certified agricultural dependent status if1 after providing notice to the alien and the opportunity to provide evidence to contest the proposed revocation1 the ,secretary determines that the alien no longer meets the eligibility requirements for such status under section #aja7;b74 7#b7 ,invalidation of documentation ,upon the ,secretary's final determination to revoke an alien's certified agricultural worker or certified agricultural dependent status1 any documentation issued by the ,secretary to such alien under subsection 7a7 shall automatically be rendered invalid for any purpose except for departure from the ,united ,states4 #ajc4 ,extensions of certified status 7a7 ,requirements for extensions of status 7#a7 ,principal aliens ,the ,secretary may extend certified agricultural worker status for additional periods of five and one-half years to an alien who submits a completed application1 including the required processing fees1 within the #abj-;day period beginning #fj days before the expiration of the fifth year of the immediately preceding grant of certified agricultural worker status1 if the alien-- 7,a7 except as provided in subsection 7b71 has performed agricultural labor or services in the ,united ,states for at least #ege hours 7or #ajj work days7 for each of the prior five years in which the alien held certified agricultural worker status2 and 7,b7 has not become ineligible for certified agricultural worker status under section #aja7;b74 7#b7 ,dependent spouse and children ,the ,secretary may grant or extend certified agricultural dependent status to the spouse or child of an alien granted an extension of certified agricultural worker status under paragraph 7#a7 if the spouse or child is not ineligible for certified agricultural dependent status under section #aja7;b74 7#c7 ,waiver for late filings ,the ,secretary may waive an alien's failure to timely file before the expiration of the #abj-;day period described in paragraph 7#a7 if the alien demonstrates that the delay was due to extraordinary circumstances beyond the alien's control or for other good cause4 7b7 ,status for workers with pending applications 7#a7 ,in general ,certified agricultural worker status of an alien who timely files an application to extend such status under subsection 7a7 7and the status of the alien's dependents7 shall be automatically extended through the date on which the ,secretary makes a final administrative decision regarding such application4 7#b7 ,documentation of employment authorization ,as soon as practicable after receipt of an application to extend certified agricultural worker status under subsection 7a71 the ,secretary shall issue a document to the alien acknowledging the receipt of such application4 ,an employer of the worker may not refuse to accept such document as evidence of employment authorization under section #bgd;,a7b77#a77;,c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7b77#a77;,c771 pending a final administrative decision on the application4 7c7 ,notice ,prior to denying an application to extend certified agricultural worker status1 the ,secretary shall provide the alien with-- 7#a7 written notice that describes the basis for ineligibility or the deficiencies of the evidence submitted2 and 7#b7 at least #ij days to contest ineligibility or submit additional evidence4 #ajd4 ,determination of continuous presence 7a7 ,effect of notice ,to appear ,the continuous presence in the ,united ,states of an applicant for certified agricultural worker status under section #aja shall not terminate when the alien is served a notice to appear under section #bci7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi7;a774 7b7 ,treatment of certain breaks in presence 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c71 an alien shall be considered to have failed to maintain continuous presence in the ,united ,states under this subtitle if the alien departed the ,united ,states for any period exceeding #ij days1 or for any periods1 in the aggregate1 exceeding #ahj days4 7#b7 ,extensions for extenuating circumstances ,the ,secretary may extend the time periods described in paragraph 7#a7 for an alien who demonstrates that the failure to timely return to the ,united ,states was due to extenuating circumstances beyond the alien's control1 including the serious illness of the alien1 or death or serious illness of a spouse1 parent1 son or daughter1 grandparent1 or sibling of the alien4 7#c7 ,travel authorized by the ,secretary ,any period of travel outside of the ,united ,states by an alien that was authorized by the ,secretary shall not be counted toward any period of departure from the ,united ,states under paragraph 7#a74 #aje4 ,employer obligations 7a7 ,record of employment ,an employer of an alien in certified agricultural worker status shall provide such alien with a written record of employment each year during which the alien provides agricultural labor or services to such employer as a certified agricultural worker4 7b7 ,civil penalties 7#a7 ,in general ,if the ,secretary determines1 after notice and an opportunity for a hearing1 that an employer of an alien with certified agricultural worker status has knowingly failed to provide the record of employment required under subsection 7a71 or has provided a false statement of material fact in such a record1 the employer shall be subject to a civil penalty in an amount not to exceed #ejj per violation4 7#b7 ,limitation ,the penalty under paragraph 7#a7 for failure to provide employment records shall not apply unless the alien has provided the employer with evidence of employment authorization described in section #ajb or #ajc4 7#c7 ,deposit of civil penalties ,civil penalties collected under this paragraph shall be deposited into the ,immigration ,examinations ,fee ,account under section #bhf7m7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7m774 #ajf4 ,administrative and judicial review 7a7 ,administrative review ,the ,secretary shall establish a process by which an applicant may seek administrative review of a denial of an application for certified agricultural worker status under this subtitle1 an application to extend such status1 or a revocation of such status4 7b7 ,admissibility in immigration court ,each record of an alien's application for certified agricultural worker status under this subtitle1 application to extend such status1 revocation of such status1 and each record created pursuant to the administrative review process under subsection 7a7 is admissible in immigration court1 and shall be included in the administrative record4 7c7 ,judicial review ,notwithstanding any other provision of law1 judicial review of the ,secretary's decision to deny an application for certified agricultural worker status1 an application to extend such status1 or the decision to revoke such status1 shall be limited to the review of an order of removal under section #bdb of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abeb74 ,b ,optional ,earned ,residence for ,long-,term ,workers #aaa4 ,optional adjustment of status for long-term agricultural workers 7a7 ,requirements for adjustment of status 7#a7 ,principal aliens ,the ,secretary may adjust the status of an alien from that of a certified agricultural worker to that of a lawful permanent resident if the alien submits a completed application1 including the required processing and penalty fees1 and the ,secretary determines that-- 7,a7 except as provided in section #abf7;c71 the alien performed agricultural labor or services for not less than #ege hours 7or #ajj work days7 each year-- 7i7 for at least #aj years prior to the date of the enactment of this ,act and for at least #d years in certified agricultural worker status2 or 7ii7 for fewer than #aj years prior to the date of the enactment of this ,act and for at least #h years in certified agricultural worker status2 and 7,b7 the alien has not become ineligible for certified agricultural worker status under section #aja7;b74 7#b7 ,dependent aliens 7,a7 ,in general ,the spouse and each child of an alien described in paragraph 7#a7 whose status has been adjusted to that of a lawful permanent resident may be granted lawful permanent residence under this subtitle if-- 7i7 the qualifying relationship to the principal alien existed on the date on which such alien was granted adjustment of status under this subtitle2 and 7ii7 the spouse or child is not ineligible for certified agricultural worker dependent status under section #aja7;b74 7,b7 ,protections for spouses and children ,the ,secretary of ,homeland ,security shall establish procedures to allow the spouse or child of a certified agricultural worker to self-petition for lawful permanent residence under this subtitle in cases involving-- 7i7 the death of the certified agricultural worker1 so long as the spouse or child submits a petition not later than #b years after the date of the worker's death2 or 7ii7 the spouse or a child being battered or subjected to extreme cruelty by the certified agricultural worker4 7#c7 ,documentation of work history ,an applicant for adjustment of status under this section shall not be required to resubmit evidence of work history that has been previously submitted to the ,secretary in connection with an approved extension of certified agricultural worker status4 7b7 ,penalty fee ,in addition to any processing fee that the ,secretary may assess in accordance with section #abb7;b71 a principal alien seeking adjustment of status under this subtitle shall pay a #a1jjj penalty fee1 which shall be deposited into the ,immigration ,examinations ,fee ,account pursuant to section #bhf7m7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7m774 7c7 ,effect of pending application ,during the period beginning on the date on which an alien applies for adjustment of status under this subtitle1 and ending on the date on which the ,secretary makes a final administrative decision regarding such application1 the alien and any dependents included on the application-- 7#a7 may apply for advance parole1 which shall be granted upon demonstrating a legitimate need to travel outside the ,united ,states for a temporary purpose2 7#b7 may not be detained by the ,secretary or removed from the ,united ,states unless the ,secretary makes a prima facie determination that such alien is1 or has become1 ineligible for adjustment of status under subsection 7a72 7#c7 may not be considered unlawfully present under section #bab7;a77#i77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#i77;,b772 and 7#d7 may not be considered an unauthorized alien 7as defined in section #bgd;,a7h77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7h77#c7774 7d7 ,evidence of application filing ,as soon as practicable after receiving an application for adjustment of status under this subtitle1 the ,secretary shall provide the applicant with a document acknowledging the receipt of such application4 ,such document shall serve as interim proof of the alien's authorization to accept employment in the ,united ,states and shall be accepted by an employer as evidence of employment authorization under section #bgd;,a7b77#a77;,c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7b77#a77;,c771 pending a final administrative decision on the application4 7e7 ,withdrawal of application ,the ,secretary shall1 upon receipt of a request to withdraw an application for adjustment of status under this subtitle1 cease processing of the application1 and close the case4 ,withdrawal of the application shall not prejudice any future application filed by the applicant for any immigration benefit under this ,act or under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 #aab4 ,payment of taxes 7a7 ,in general ,an alien may not be granted adjustment of status under this subtitle unless the applicant has satisfied any applicable ,federal tax liability4 7b7 ,compliance ,an alien may demonstrate compliance with subsection 7a7 by submitting such documentation as the ,secretary1 in consultation with the ,secretary of the ,treasury1 may require by regulation4 #aac4 ,adjudication and decision2 review 7a7 ,in general ,subject to the requirements of section #abc1 the ,secretary shall render a decision on an application for adjustment of status under this subtitle not later than #ahj days after the date on which the application is filed4 7b7 ,notice ,prior to denying an application for adjustment of status under this subtitle1 the ,secretary shall provide the alien with-- 7#a7 written notice that describes the basis for ineligibility or the deficiencies of the evidence submitted2 and 7#b7 at least #ij days to contest ineligibility or submit additional evidence4 7c7 ,administrative review ,the ,secretary shall establish a process by which an applicant may seek administrative review of a denial of an application for adjustment of status under this subtitle4 7d7 ,judicial review ,notwithstanding any other provision of law1 an alien may seek judicial review of a denial of an application for adjustment of status under this title in an appropriate ,united ,states district court4 ,c ,general ,provisions #aba4 ,definitions ,in this title3 7#a7 ,in general ,except as otherwise provided1 any term used in this title that is used in the immigration laws shall have the meaning given such term in the immigration laws 7as such term is defined in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja774 7#b7 ,agricultural labor or services ,the term agricultural labor or services means-- 7,a7 agricultural labor or services as such term is used in section #aja7;a77#ae77;,h77ii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii771 without regard to whether the labor or services are of a seasonal or temporary nature2 and 7,b7 agricultural employment as such term is defined in section #c of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahjb71 without regard to whether the specific service or activity is temporary or seasonal4 7#c7 ,applicable ,federal tax liability ,the term applicable ,federal tax liability means all ,federal income taxes assessed in accordance with section #fbjc of the ,internal ,revenue ,code of #aihf beginning on the date on which the applicant was authorized to work in the ,united ,states as a certified agricultural worker4 7#d7 ,appropriate ,united ,states district court ,the term appropriate ,united ,states district court means the ,united ,states ,district ,court for the ,district of ,columbia or the ,united ,states district court with jurisdiction over the alien's principal place of residence4 7#e7 ,child ,the term child has the meaning given such term in section #aja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;b77#a774 7#f7 ,convicted or conviction ,the term convicted or conviction does not include a judgment that has been expunged or set aside1 that resulted in a rehabilitative disposition1 or the equivalent4 7#g7 ,employer ,the term employer means any person or entity1 including any farm labor contractor or any agricultural association1 that employs workers in agricultural labor or services4 7#h7 ,qualified designated entity ,the term qualified designated entity means-- 7,a7 a qualified farm labor organization or an association of employers designated by the ,secretary2 or 7,b7 any other entity that the ,secretary designates as having substantial experience1 demonstrated competence1 and a history of long-term involvement in the preparation and submission of application for adjustment of status under title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea et seq474 7#i7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#aj7 ,work day ,the term work day means any day in which the individual is employed #e4ge or more hours in agricultural labor or services4 #abb4 ,rulemaking2 ,fees 7a7 ,rulemaking ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall publish in the ,federal ,register1 an interim final rule implementing this title4 ,notwithstanding section #eec of title #e1 ,united ,states ,code1 the rule shall be effective1 on an interim basis1 immediately upon publication1 but may be subject to change and revision after public notice and opportunity for comment4 ,the ,secretary shall finalize such rule not later than #a year after the date of the enactment of this ,act4 7b7 ,fees 7#a7 ,in general ,the ,secretary may require an alien applying for any benefit under this title to pay a reasonable fee that is commensurate with the cost of processing the application4 7#b7 ,fee waiver2 installments 7,a7 ,in general ,the ,secretary shall establish procedures to allow an alien to-- 7i7 request a waiver of any fee that the ,secretary may assess under this title if the alien demonstrates to the satisfaction the ,secretary that the alien is unable to pay the prescribed fee2 or 7ii7 pay any fee or penalty that the ,secretary may assess under this title in installments4 7,b7 ,clarification ,nothing in this section shall be read to prohibit an employer from paying any fee or penalty that the ,secretary may assess under this title on behalf of an alien and the alien's spouse or children4 #abc4 ,background checks 7a7 ,submission of biometric and biographic data ,the ,secretary may not grant or extend certified agricultural worker or certified agricultural dependent status under subtitle ,a1 or grant adjustment of status to that of a lawful permanent resident under subtitle ,b1 unless the alien submits biometric and biographic data1 in accordance with procedures established by the ,secretary4 ,the ,secretary shall provide an alternative procedure for aliens who cannot provide all required biometric or biographic data because of a physical impairment4 7b7 ,background checks ,the ,secretary shall use biometric1 biographic1 and other data that the ,secretary determines appropriate to conduct security and law enforcement background checks and to determine whether there is any criminal1 national security1 or other factor that would render the alien ineligible for status under this title4 ,an alien may not be granted any such status under this title unless security and law enforcement background checks are completed to the satisfaction of the ,secretary4 #abd4 ,protection for children 7a7 ,in general ,except as provided in subsection 7b71 for purposes of eligibility for certified agricultural dependent status or lawful permanent resident status under this title1 a determination of whether an alien is a child shall be made using the age of the alien on the date on which the initial application for certified agricultural worker status is filed with the ,secretary of ,homeland ,security4 7b7 ,limitation ,subsection 7a7 shall apply for no more than #aj years after the date on which the initial application for certified agricultural worker status is filed with the ,secretary of ,homeland ,security4 #abe4 ,limitation on removal 7a7 ,in general ,an alien who appears to be prima facie eligible for status under this title shall be given a reasonable opportunity to apply for such status and shall not be placed in removal proceedings or removed from the ,united ,states until a final administrative decision establishing ineligibility for such status is rendered4 7b7 ,aliens in removal proceedings ,notwithstanding any other provision of the law1 the ,attorney ,general shall 7upon motion by the ,secretary with the consent of the alien1 or motion by the alien7 terminate removal proceedings1 without prejudice1 against an alien who appears to be prima facie eligible for status under this title1 and provide such alien a reasonable opportunity to apply for such status4 7c7 ,effect of final order ,an alien present in the ,united ,states who has been ordered removed or has been permitted to depart voluntarily from the ,united ,states may1 notwithstanding such order or permission to depart1 apply for status under this title4 ,such alien shall not be required to file a separate motion to reopen1 reconsider1 or vacate the order of removal4 ,if the ,secretary approves the application1 the ,secretary shall cancel the order of removal4 ,if the ,secretary renders a final administrative decision to deny the application1 the order of removal or permission to depart shall be effective and enforceable to the same extent as if the application had not been made1 only after all available administrative and judicial remedies have been exhausted4 7d7 ,effect of departure ,section #aja7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;g77 shall not apply to an alien who departs the ,united ,states-- 7#a7 with advance permission to return to the ,united ,states granted by the ,secretary under this title2 or 7#b7 after having been granted certified agricultural worker status or lawful permanent resident status under this title4 #abf4 ,documentation of agricultural work history 7a7 ,burden of proof ,an alien applying for certified agricultural worker status under subtitle ,a or adjustment of status under subtitle ,b shall provide evidence that the alien has worked the requisite number of hours or days required under section #aja1 #ajc1 or #aaa1 as applicable4 ,the ,secretary shall establish special procedures to properly credit work in cases in which an alien was employed under an assumed name4 7b7 ,evidence ,an alien may meet the burden of proof under subsection 7a7 by producing sufficient evidence to show the extent of such employment as a matter of just and reasonable inference4 ,such evidence may include-- 7#a7 an annual record of certified agricultural worker employment as described in section #aje7;a71 or other employment records from an employer or farm labor contractor2 7#b7 employment records maintained by collective bargaining associations2 7#c7 tax records or other government records2 7#d7 sworn affidavits from individuals who have direct knowledge of the alien's work history2 or 7#e7 any other documentation designated by the ,secretary for such purpose4 7c7 ,exception for extraordinary circumstances 7#a7 ,in general ,in determining whether an alien has met the requirement under section #ajc7;a77#a77;,a7 or #aaa7;a77#a77;,a71 the ,secretary may credit the alien with not more than #ege hours 7or #ajj work days7 of agricultural labor or services in the ,united ,states if the alien was unable to perform the required agricultural labor or services due to-- 7,a7 pregnancy1 illness1 disease1 disabling injury1 or physical limitation of the alien2 7,b7 injury1 illness1 disease1 or other special needs of the alien's child or spouse2 7,c7 severe weather conditions that prevented the alien from engaging in agricultural labor or services2 or 7,d7 termination from agricultural employment1 if the ,secretary determines that-- 7i7 the termination was without just cause2 and 7ii7 the alien was unable to find alternative agricultural employment after a reasonable job search4 7#b7 ,effect of determination ,a determination under paragraph 7#a77;,d7 shall not be conclusive1 binding1 or admissible in a separate or subsequent judicial or administrative action or proceeding between the alien and a current or prior employer of the alien or any other party4 #abg4 ,employer protections 7a7 ,continuing employment ,an employer that continues to employ an alien knowing that the alien intends to apply for certified agricultural worker status under subtitle ,a shall not violate section #bgd;,a7a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7a77#b77 by continuing to employ the alien for the duration of the application period under section #aja7;c71 and with respect to an alien who applies for certified agricultural status1 for the duration of the period during which the alien's application is pending final determination4 7b7 ,use of employment records ,copies of employment records or other evidence of employment provided by an alien or by an alien's employer in support of an alien's application for certified agricultural worker or adjustment of status under this title may not be used in a civil or criminal prosecution or investigation of that employer under section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7 or the ,internal ,revenue ,code of #aihf for the prior unlawful employment of that alien regardless of the outcome of such application4 7c7 ,additional protections ,employers that provide unauthorized aliens with copies of employment records or other evidence of employment in support of an application for certified agricultural worker status or adjustment of status under this title shall not be subject to civil and criminal liability pursuant to such section #bgd;,a for employing such unauthorized aliens4 ,records or other evidence of employment provided by employers in response to a request for such records for the purpose of establishing eligibility for status under this title may not be used for any purpose other than establishing such eligibility4 7d7 ,limitation on protection ,the protections for employers under this section shall not apply if the employer provides employment records to the alien that are determined to be fraudulent4 #abh4 ,correction of ,social ,security records 7a7 ,in general ,section #bjh7;e77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #djh7;e77#a77 is amended-- 7#a7 in subparagraph 7,b77ii71 by striking or at the end2 7#b7 in subparagraph 7,c71 by inserting or at the end2 7#c7 by inserting after subparagraph 7,c7 the following3 7,d7 who is granted certified agricultural worker status1 certified agricultural dependent status1 or lawful permanent resident status under title ,i of the ,farm ,work ,modernization ,act of #bjai1 2 and 7#d7 in the undesignated matter following subparagraph 7,d71 as added by paragraph 7#c71 by striking #aiij4 and inserting #aiij1 or in the case of an alien described in subparagraph 7,d71 if such conduct is alleged to have occurred before the date on which the alien was granted status under title ,i of the ,farm ,work ,modernization ,act of #bjai44 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the first day of the seventh month that begins after the date of the enactment of this ,act4 #abi4 ,disclosures and privacy 7a7 ,in general ,the ,secretary may not disclose or use information provided in an application for certified agricultural worker status or adjustment of status under this title 7including information provided during administrative or judicial review7 for the purpose of immigration enforcement4 7b7 ,referrals prohibited ,the ,secretary1 based solely on information provided in an application for certified agricultural worker status or adjustment of status under this title 7including information provided during administrative or judicial review71 may not refer an applicant to ,u4,s4 ,immigration and ,customs ,enforcement1 ,u4,s4 ,customs and ,border ,protection1 or any designee of either such entity4 7c7 ,exceptions ,notwithstanding subsections 7a7 and 7b71 information provided in an application for certified agricultural worker status or adjustment of status under this title may be shared with ,federal security and law enforcement agencies-- 7#a7 for assistance in the consideration of an application under this title2 7#b7 to identify or prevent fraudulent claims or schemes2 7#c7 for national security purposes2 or 7#d7 for the investigation or prosecution of any felony not related to immigration status4 7d7 ,penalty ,any person who knowingly uses1 publishes1 or permits information to be examined in violation of this section shall be fined not more than #aj1jjj4 7e7 ,privacy ,the ,secretary shall ensure that appropriate administrative and physical safeguards are in place to protect the security1 confidentiality1 and integrity of personally identifiable information collected1 maintained1 and disseminated pursuant to this title4 #acj4 ,penalties for false statements in applications 7a7 ,criminal penalty ,any person who-- 7#a7 files an application for certified agricultural worker status or adjustment of status under this title and knowingly falsifies1 conceals1 or covers up a material fact or makes any false1 fictitious1 or fraudulent statements or representations1 or makes or uses any false writing or document knowing the same to contain any false1 fictitious1 or fraudulent statement or entry2 or 7#b7 creates or supplies a false writing or document for use in making such an application1 shall be fined in accordance with title #ah1 ,united ,states ,code1 imprisoned not more than #e years1 or both4 7b7 ,inadmissibility ,an alien who is convicted under subsection 7a7 shall be deemed inadmissible to the ,united ,states under section #bab7;a77#f77;,c77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#f77;,c77i774 7c7 ,deposit ,fines collected under subsection 7a7 shall be deposited into the ,immigration ,examinations ,fee ,account pursuant to section #bhf7m7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7m774 #aca4 ,dissemination of information 7a7 ,in general ,beginning not later than the first day of the application period described in section #aja7;c7-- 7#a7 the ,secretary of ,homeland ,security1 in cooperation with qualified designated entities1 shall broadly disseminate information described in subsection 7b72 and 7#b7 the ,secretary of ,agriculture1 in consultation with the ,secretary of ,homeland ,security1 shall disseminate to agricultural employers a document containing the information described in subsection 7b7 for posting at employer worksites4 7b7 ,information described ,the information described in this subsection shall include-- 7#a7 the benefits that aliens may receive under this title2 and 7#b7 the requirements that an alien must meet to receive such benefits4 #acb4 ,exemption from numerical limitations ,the numerical limitations under title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea et seq47 shall not apply to the adjustment of aliens to lawful permanent resident status under this title1 and such aliens shall not be counted toward any such numerical limitation4 #acc4 ,reports to ,congress ,not later than #ahj days after the publication of the final rule under section #abb7;a71 and annually thereafter for the following #aj years1 the ,secretary shall submit a report to ,congress that identifies1 for the previous fiscal year-- 7#a7 the number of principal aliens who applied for certified agricultural worker status under subtitle ,a1 and the number of dependent spouses and children included in such applications2 7#b7 the number of principal aliens who were granted certified agricultural worker status under subtitle ,a1 and the number of dependent spouses and children who were granted certified agricultural dependent status2 7#c7 the number of principal aliens who applied for an extension of their certified agricultural worker status under subtitle ,a1 and the number of dependent spouses and children included in such applications2 7#d7 the number of principal aliens who were granted an extension of certified agricultural worker status under subtitle ,a1 and the number of dependent spouses and children who were granted certified agricultural dependent status under such an extension2 7#e7 the number of principal aliens who applied for adjustment of status under subtitle ,b1 and the number of dependent spouses and children included in such applications2 7#f7 the number of principal aliens who were granted lawful permanent resident status under subtitle ,b1 and the number of spouses and children who were granted such status as dependents2 7#g7 the number of principal aliens included in petitions described in section #aja7;e71 and the number of dependent spouses and children included in such applications2 and 7#h7 the number of principal aliens who were granted ,h-#b;,a status pursuant to petitions described in section #aja7;e71 and the number of dependent spouses and children who were granted ,h-#d status4 #acd4 ,grant program to assist eligible applicants 7a7 ,establishment ,the ,secretary shall establish a program to award grants1 on a competitive basis1 to eligible nonprofit organizations to assist eligible applicants under this title by providing them with the services described in subsection 7c74 7b7 ,eligible nonprofit organization ,for purposes of this section1 the term eligible nonprofit organization means an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf 7excluding a recipient of funds under title ,x of the ,economic ,opportunity ,act of #aifd 7#db ,u4,s4,c4 #biif et seq477 that has demonstrated qualifications1 experience1 and expertise in providing quality services to farm workers or aliens4 7c7 ,use of funds ,grant funds awarded under this section may be used for the design and implementation of programs that provide-- 7#a7 information to the public regarding the eligibility and benefits of certified agricultural worker status authorized under this title2 and 7#b7 assistance1 within the scope of authorized practice of immigration law1 to individuals submitting applications for certified agricultural worker status or adjustment of status under this title1 including-- 7,a7 screening prospective applicants to assess their eligibility for such status2 7,b7 completing applications1 including providing assistance in obtaining necessary documents and supporting evidence2 and 7,c7 providing any other assistance that the ,secretary determines useful to assist aliens in applying for certified agricultural worker status or adjustment of status under this title4 7d7 ,source of funds ,in addition to any funds appropriated to carry out this section1 the ,secretary may use up to #aj1jjj1jjj from the ,immigration ,examinations ,fee ,account under section #bhf7m7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7m77 to carry out this section4 7e7 ,eligibility for services ,section #ejd7;a77#aa7 of ,public ,law #ajd-acd 7#aaj ,stat4 #acba-ec et seq47 shall not be construed to prevent a recipient of funds under title ,x of the ,economic ,opportunity ,act of #aifd 7#db ,u4,s4,c4 #biif et seq47 from providing legal assistance directly related to an application for status under this title or to an alien granted such status4 #ace4 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary1 such sums as may be necessary to implement this title1 including any amounts needed for costs associated with the initiation of such implementation1 for each of fiscal years #bjbj through #bjbb4 ,,ii ,ensuring an ,agricultural ,workforce for the ,future ,a ,reforming the ,h-#b;,a ,temporary ,worker ,program #bja4 ,comprehensive and streamlined electronic ,h-#b;,a platform 7a7 ,streamlined ,h-#b;,a platform 7#a7 ,in general ,not later than #ab months after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,labor1 the ,secretary of ,agriculture1 the ,secretary of ,state1 and ,united ,states ,digital ,service1 shall ensure the establishment of an electronic platform through which a petition for an ,h-#b;,a worker may be filed4 ,such platform shall-- 7,a7 serve as a single point of access for an employer to input all information and supporting documentation required for obtaining labor certification from the ,secretary of ,labor and the adjudication of the ,h-#b;,a petition by the ,secretary of ,homeland ,security2 7,b7 serve as a single point of access for the ,secretary of ,homeland ,security1 the ,secretary of ,labor1 and ,state workforce agencies to concurrently perform their respective review and adjudicatory responsibilities in the ,h-#b;,a process2 7,c7 facilitate communication between employers and agency adjudicators1 including by allowing employers to-- 7i7 receive and respond to notices of deficiency and requests for information2 7ii7 submit requests for inspections and licensing2 7iii7 receive notices of approval and denial2 and 7iv7 request reconsideration or appeal of agency decisions2 and 7,d7 provide information to the ,secretary of ,state and ,u4,s4 ,customs and ,border ,protection necessary for the efficient and secure processing of ,h-#b;,a visas and applications for admission4 7#b7 ,objectives ,in developing the platform described in paragraph 7#a71 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,labor1 the ,secretary of ,agriculture1 the ,secretary of ,state1 and ,united ,states ,digital ,service1 shall streamline and improve the ,h-#b;,a process1 including by-- 7,a7 eliminating the need for employers to submit duplicate information and documentation to multiple agencies2 7,b7 eliminating redundant processes1 where a single matter in a petition is adjudicated by more than one agency2 7,c7 reducing the occurrence of common petition errors1 and otherwise improving and expediting the processing of ,h-#b;,a petitions2 and 7,d7 ensuring compliance with ,h-#b;,a program requirements and the protection of the wages and working conditions of workers4 7b7 ,online job registry ,the ,secretary of ,labor shall maintain a national1 publicly accessible online job registry and database of all job orders submitted by ,h-#b;,a employers4 ,the registry and database shall-- 7#a7 be searchable using relevant criteria1 including the types of jobs needed to be filled1 the date7s7 and location7s7 of need1 and the employer7s7 named in the job order2 7#b7 provide an interface for workers in ,english1 ,spanish1 and any other language that the ,secretary of ,labor determines to be appropriate2 and 7#c7 provide for public access of job orders approved under section #bah7;h77#b7 of the ,immigration and ,nationality ,act4 #bjb4 ,h-#b;,a program requirements ,section #bah of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahh7 is amended to read as follows3 7a7 ,labor certification conditions ,the ,secretary of ,homeland ,security may not approve a petition to admit an ,h-#b;,a worker unless the ,secretary of ,labor has certified that-- 7#a7 there are not sufficient ,united ,states workers who are able1 willing and qualified1 and who will be available at the time and place needed1 to perform the agricultural labor or services described in the petition2 and 7#b7 the employment of the ,h-#b;,a worker in such labor or services will not adversely affect the wages and working conditions of workers in the ,united ,states who are similarly employed4 7b7 ,h-#b;,a petition requirements ,an employer filing a petition for an ,h-#b;,a worker to perform agricultural labor or services shall attest to and demonstrate compliance1 as and when appropriate1 with all applicable requirements under this section1 including the following3 7#a7 ,need for labor or services ,the employer has described the need for agricultural labor or services in a job order that includes a description of the nature and location of the work to be performed1 the anticipated period or periods 7expected start and end dates7 for which the workers will be needed1 and the number of job opportunities in which the employer seeks to employ the workers4 7#b7 ,nondisplacement of ,united ,states workers ,the employer has not and will not displace ,united ,states workers employed by the employer during the period of employment of the ,h-#b;,a worker and during the #fj-;day period immediately preceding such period of employment in the job for which the employer seeks approval to employ the ,h-#b;,a worker4 7#c7 ,strike or lockout ,each place of employment described in the petition is not1 at the time of filing the petition and until the petition is approved1 subject to a strike or lockout in the course of a labor dispute4 7#d7 ,recruitment of ,united ,states workers ,the employer shall engage in the recruitment of ,united ,states workers as described in subsection 7c7 and shall hire such workers who are able1 willing and qualified1 and who will be available at the time and place needed1 to perform the agricultural labor or services described in the petition4 ,the employer may reject a ,united ,states worker only for lawful1 job-related reasons4 7#e7 ,wages1 benefits1 and working conditions ,the employer shall offer and provide1 at a minimum1 the wages1 benefits1 and working conditions required by subsections 7d7 through 7g7 to the ,h-#b;,a worker and all ,united ,states workers who are similarly employed4 ,the employer-- 7,a7 shall offer such ,united ,states workers not less than the same benefits1 wages1 and working conditions that the employer is offering or will provide to the ,h-#b;,a worker2 and 7,b7 may not impose on such ,united ,states workers any restrictions or obligations that will not be imposed on the ,h-#b;,a worker4 7#f7 ,workers' compensation ,if the job opportunity is not covered by or is exempt from the ,state workers' compensation law1 the employer shall provide1 at no cost to the worker1 insurance covering injury and disease arising out of1 and in the course of1 the worker's employment which will provide benefits at least equal to those provided under the ,state workers' compensation law4 7#g7 ,compliance with labor and employment laws ,the employer shall comply with all applicable ,federal1 ,state and local employment-related laws and regulations4 7c7 ,recruiting requirements 7#a7 ,in general ,the employer may satisfy the recruitment requirement described in subsection 7b77#d7 by satisfying all of the following3 7,a7 ,job order ,as provided in subsection 7h77#a71 the employer shall complete a job order for posting on the electronic job registry maintained by the ,secretary of ,labor and for distribution by the appropriate ,state workforce agency4 ,such posting shall remain on the job registry as an active job order through the period described in paragraph 7#b77;,b74 7,b7 ,former workers ,at least #de days before each start date identified in the petition1 the employer shall-- 7i7 make reasonable efforts to contact any ,united ,states worker the employer employed in the previous year in the same occupation and area of intended employment for which an ,h-#b;,a worker is sought 7excluding workers who were terminated for cause or abandoned the worksite72 and 7ii7 post such job opportunity in a conspicuous location or locations at the place of employment4 7,c7 ,positive recruitment ,during the period of recruitment1 the employer shall complete any other positive recruitment steps within a multistate region of traditional or expected labor supply where the ,secretary of ,labor finds that there are a significant number of qualified ,united ,states workers who1 if recruited1 would be willing to make themselves available for work at the time and place needed4 7#b7 ,period of recruitment 7,a7 ,in general ,for purposes of this subsection1 the period of recruitment begins on the date on which the job order is posted on the online job registry and ends on the date that ,h-#b;,a workers depart for the employer's place of employment4 ,for a petition involving more than #a start date under subsection 7h77#a77;,c71 the end of the period of recruitment shall be determined by the date of departure of the ,h-#b;,a workers for the final start date identified in the petition4 7,b7 ,requirement to hire ,united ,states workers 7i7 ,in general ,notwithstanding the limitations of subparagraph 7,a71 the employer will provide employment to any qualified ,united ,states worker who applies to the employer for any job opportunity included in the petition until the later of-- 7,i7 the date that is #cj days after the date on which work begins2 or 7,,ii7 the date on which-- 7aa7 #cc percent of the work contract for the job opportunity has elapsed2 or 7bb7 if the employer is a farm labor contractor1 #ej percent of the work contract for the job opportunity has elapsed4 7ii7 ,staggered entry ,for a petition involving more than #a start date under subsection 7h77#a77;,c71 each start date designated in the petition shall establish a separate job opportunity4 ,an employer may not reject a ,united ,states worker because the worker is unable or unwilling to fill more than #a job opportunity included in the petition4 7iii7 ,exception ,notwithstanding clause 7i71 the employer may offer a job opportunity to an ,h-#b;,a worker instead of an alien granted certified agricultural worker status under title ,i of the ,farm ,workforce ,modernization ,act of #bjai if the ,h-#b;,a worker was employed by the employer in each of #c years during the most recent #d-year period4 7#c7 ,recruitment report 7,a7 ,in general ,the employer shall maintain a recruitment report through the applicable period described in paragraph 7#b77;,b7 and submit regular updates through the electronic platform on the results of recruitment4 ,the employer shall retain the recruitment report1 and all associated recruitment documentation1 for a period of #c years from the date of certification4 7,b7 ,burden of proof ,if the employer asserts that any eligible individual who has applied or been referred is not able1 willing or qualified1 the employer bears the burden of proof to establish that the individual is not able1 willing or qualified because of a lawful1 employment-related reason4 7d7 ,wage requirements 7#a7 ,in general ,each employer under this section will offer the worker1 during the period of authorized employment1 wages that are at least the greatest of-- 7,a7 the agreed-upon collective bargaining wage2 7,b7 the adverse effect wage rate 7or any successor wage established under paragraph 7#g772 7,c7 the prevailing wage 7hourly wage or piece rate72 or 7,d7 the ,federal or ,state minimum wage4 7#b7 ,adverse effect wage rate determinations 7,a7 ,in general ,except as provided under subparagraph 7,b71 the applicable adverse effect wage rate for each ,state and occupational classification for a calendar year shall be as follows3 7i7 ,the annual average hourly wage for the occupational classification in the ,state or region as reported by the ,secretary of ,agriculture based on a wage survey conducted by such ,secretary4 7ii7 ,if a wage described in clause 7i7 is not reported1 the national annual average hourly wage for the occupational classification as reported by the ,secretary of ,agriculture based on a wage survey conducted by such ,secretary4 7iii7 ,if a wage described in clause 7i7 or 7ii7 is not reported1 the statewide annual average hourly wage for the standard occupational classification as reported by the ,secretary of ,labor based on a wage survey conducted by such ,secretary4 7iv7 ,if a wage described in clause 7i71 7ii71 or 7iii7 is not reported1 the national average hourly wage for the occupational classification as reported by the ,secretary of ,labor4 7,b7 ,limitations on wage fluctuations 7i7 ,wage freeze for calendar year #bjbj ,for calendar year #bjbj1 the adverse effect wage rate for each ,state and occupational classification under this subsection shall be the adverse effect wage rate that was in effect for ,h-#b;,a workers in the applicable ,state in calendar year #bjai4 7ii7 ,calendar years #bjba through #bjbi ,for each of calendar years #bjba through #bjbi1 the adverse effect wage rate for each ,state and occupational classification under this subsection shall be the wage calculated under subparagraph 7,a71 except that such wage may not-- 7,i7 be more than #a4e percent lower than the wage in effect for ,h-#b;,a workers in the applicable ,state and occupational classification in the immediately preceding calendar year2 7,,ii7 except as provided in clause 7,,iii71 be more than #c4be percent higher than the wage in effect for ,h-#b;,a workers in the applicable ,state and occupational classification in the immediately preceding calendar year2 and 7,,iii7 if the application of clause 7,,ii7 results in a wage that is lower than #aaj percent of the applicable ,federal or ,state minimum wage1 be more than #d4be percent higher than the wage in effect for ,h-#b;,a workers in the applicable ,state and occupational classification in the immediately preceding calendar year4 7iii7 ,calendar years after #bjbi ,for any calendar year after #bjbi1 the applicable wage rate described in paragraph 7#a77;,b7 shall be the wage rate established pursuant to paragraph 7#g77;,d74 ,until such wage rate is effective1 the adverse effect wage rate for each ,state and occupational classification under this subsection shall be the wage calculated under subparagraph 7,a71 except that such wage may not be more than #a4e percent lower or #c4be percent higher than the wage in effect for ,h-#b;,a workers in the applicable ,state and occupational classification in the immediately preceding calendar year4 7#c7 ,multiple occupations ,if the primary job duties for the job opportunity described in the petition do not fall within a single occupational classification1 the applicable wage rates under subparagraphs 7,b7 and 7,c7 of paragraph 7#a7 for the job opportunity shall be based on the highest such wage rates for all applicable occupational classifications4 7#d7 ,publication2 wages in effect 7,a7 ,publication ,prior to the start of each calendar year1 the ,secretary of ,labor shall publish the applicable adverse effect wage rate 7or successor wage rate1 if any71 and prevailing wage if available1 for each ,state and occupational classification through notice in the ,federal ,register4 7,b7 ,job orders in effect ,except as provided in subparagraph 7,c71 publication by the ,secretary of ,labor of an updated adverse effect wage rate or prevailing wage for a ,state and occupational classification shall not affect the wage rate guaranteed in any approved job order for which recruitment efforts have commenced at the time of publication4 7,c7 ,exception for year-round jobs ,if the ,secretary of ,labor publishes an updated adverse effect wage rate or prevailing wage for a ,state and occupational classification concerning a petition described in subsection 7i71 and the updated wage is higher than the wage rate guaranteed in the work contract1 the employer shall pay the updated wage not later than #ad days after publication of the updated wage in the ,federal ,register4 7#e7 ,workers paid on a piece rate or other incentive basis ,if an employer pays by the piece rate or other incentive method and requires one or more minimum productivity standards as a condition of job retention1 such standards shall be specified in the job order and shall be no more than those normally required 7at the time of the first petition for ,h-#b;,a workers7 by other employers for the activity in the area of intended employment1 unless the ,secretary of ,labor approves a higher minimum standard resulting from material changes in production methods4 7#f7 ,guarantee of employment 7,a7 ,offer to worker ,the employer shall guarantee the worker employment for the hourly equivalent of at least three-fourths of the work days of the total period of employment1 beginning with the first work day after the arrival of the worker at the place of employment and ending on the date specified in the job offer4 ,for purposes of this subparagraph1 the hourly equivalent means the number of hours in the work days as stated in the job offer and shall exclude the worker's ,sabbath and ,federal holidays4 ,if the employer affords the worker less employment than that required under this paragraph1 the employer shall pay the worker the amount which the worker would have earned had the worker1 in fact1 worked for the guaranteed number of hours4 7,b7 ,failure to work ,any hours which the worker fails to work1 up to a maximum of the number of hours specified in the job offer for a work day1 when the worker has 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 job offer in a work day1 on the worker's ,sabbath1 or on ,federal holidays7 may be counted by the employer in calculating whether the period of guaranteed employment has been met4 7,c7 ,abandonment of employment2 termination for cause ,if the worker voluntarily abandons employment without good cause before the end of the contract period1 or is terminated for cause1 the worker is not entitled to the guarantee of employment described in subparagraph 7,a74 7,d7 ,contract impossibility ,if1 before the expiration of the period of employment specified in the job offer1 the services of the worker are no longer required for reasons beyond the control of the employer due to any form of natural disaster before the guarantee in subparagraph 7,a7 is fulfilled1 the employer may terminate the worker's employment4 ,in the event of such termination1 the employer shall fulfill the employment guarantee in subparagraph 7,a7 for the work days that have elapsed from the first work day after the arrival of the worker to the termination of employment4 ,the employer shall make efforts to transfer a ,united ,states worker to other comparable employment acceptable to the worker4 ,if such transfer is not affected1 the employer shall provide the return transportation required in subsection 7f77#b74 7#g7 ,wage standards after #bjbi 7,a7 ,study of adverse effect wage rate ,beginning in fiscal year #bjbf1 the ,secretary of ,agriculture and ,secretary of ,labor shall jointly conduct a study that addresses-- 7i7 whether the employment of ,h-#b;,a workers has depressed the wages of ,united ,states farm workers2 7ii7 whether an adverse effect wage rate is necessary to protect the wages of ,united ,states farm workers in occupations in which ,h-#b;,a workers are employed2 7iii7 whether alternative wage standards would be sufficient to prevent wages in occupations in which ,h-#b;,a workers are employed from falling below the wage level that would have prevailed in the absence of ,h-#b;,a employment2 7iv7 whether any changes are warranted in the current methodologies for calculating the adverse effect wage rate and the prevailing wage rate2 and 7v7 recommendations for future wage protection under this section4 7,b7 ,final report ,not later than ,october #a1 #bjbg1 the ,secretary of ,agriculture and ,secretary of ,labor shall jointly prepare and submit a report to the ,congress setting forth the findings of the study conducted under subparagraph 7,a7 and recommendations for future wage protections under this section4 7,c7 ,consultation ,in conducting the study under subparagraph 7,a7 and preparing the report under subparagraph 7,b71 the ,secretary of ,agriculture and ,secretary of ,labor shall consult with representatives of agricultural employers and an equal number of representatives of agricultural workers1 at the national1 ,state and local level4 7,d7 ,wage determination after #bjbi ,upon publication of the report described in subparagraph 7,b71 the ,secretary of ,labor1 in consultation with and the approval of the ,secretary of ,agriculture1 shall make a rule to establish a process for annually determining the wage rate for purposes of paragraph 7#a77;,b7 for fiscal years after #bjbi4 ,such process shall be designed to ensure that the employment of ,h-#b;,a workers does not undermine the wages and working conditions of similarly employed ,united ,states workers4 7e7 ,housing requirements ,employers shall furnish housing in accordance with regulations established by the ,secretary of ,labor4 ,such regulations shall be consistent with the following3 7#a7 ,in general ,the employer shall be permitted at the employer's option to provide housing meeting applicable ,federal standards for temporary labor camps or to secure housing which meets the local standards for rental and_/or public accommodations or other substantially similar class of habitation3 ,provided1 ,that in the absence of applicable local standards1 ,state standards for rental and_/or public accommodations or other substantially similar class of habitation shall be met3 ,provided further1 ,that in the absence of applicable local or ,state standards1 ,federal temporary labor camp standards shall apply4 7#b7 ,prevailing practice ,the employer shall provide family housing to workers with families who request it when it is the prevailing practice in the area and occupation of intended employment to provide family housing4 7#c7 ,united ,states workers ,notwithstanding paragraphs 7#a7 and 7#b71 an employer is not required to provide housing to ,united ,states workers who are reasonably able to return to their residence within the same day4 7#d7 ,timing of inspection 7,a7 ,in general ,the ,secretary of ,labor or designee shall make a determination as to whether the housing furnished by an employer for a worker meets the requirements imposed by this subsection prior to the date on which the ,secretary of ,labor is required to make a certification with respect to a petition for the admission of such worker4 7,b7 ,timely inspection ,the ,secretary of ,labor shall provide a process for-- 7i7 an employer to request inspection of housing up to #fj days before the date on which the employer will file a petition under this section2 and 7ii7 annual inspection of housing for workers who are engaged in agricultural employment that is not of a seasonal or temporary nature4 7f7 ,transportation requirements 7#a7 ,travel to place of employment ,a worker who completes #ej percent of the period of employment for the job opportunity for which the worker was hired shall be reimbursed by the employer for the cost of the worker's transportation and subsistence from the place from which the worker came to work for the employer 7or place of last employment1 if the worker traveled from such place7 to the place of employment4 7#b7 ,travel from place of employment ,for a worker who completes the period of employment for the job opportunity or who is terminated without cause1 the employer shall provide or pay for the worker's transportation and subsistence from the place of employment to the place from which the worker1 disregarding intervening employment1 came to work for the employer1 or to the place of next employment1 if the worker has contracted with a subsequent employer who has not agreed to provide or pay for the worker's transportation and subsistence to such subsequent employer's place of employment4 7#c7 ,limitation 7,a7 ,amount of reimbursement ,except as provided in subparagraph 7,b71 the amount of reimbursement provided under paragraph 7#a7 or 7#b7 to a worker need not exceed the lesser of-- 7i7 the actual cost to the worker of the transportation and subsistence involved2 or 7ii7 the most economical and reasonable common carrier transportation charges and subsistence costs for the distance involved4 7,b7 ,distance traveled ,if the distance traveled from the worker's home to the relevant consulate is #ej miles or less1 reimbursement for transportation and subsistence may be based on transportation from the consulate4 7g7 ,heat illness prevention plan ,the employer shall maintain a reasonable plan that describes the employer's procedures for the prevention of heat illness1 including appropriate training1 access to water and shade1 the provision of breaks1 and the protocols for emergency response4 ,such plan shall-- 7#a7 be in writing in ,english and1 to the extent necessary1 any language common to a significant portion of the workers if they are not fluent in ,english2 and 7#b7 be posted at a conspicuous location at the worksite and provided to employees prior to the commencement of labor or services4 7h7 ,h-#b;,a petition procedures 7#a7 ,submission of petition and job order 7,a7 ,in general ,the employer shall submit information required for the adjudication of the ,h-#b;,a petition1 including a job order1 through the electronic platform no more than #ge calendar days and no fewer than #fj calendar days before the employer's first date of need specified in the petition4 7,b7 ,filing by agricultural associations ,an association of agricultural producers that use agricultural services may file an ,h-#b;,a petition under subparagraph 7,a74 ,if an association is a joint or sole employer of workers who perform agricultural labor or services1 ,h-#b;,a workers may be used for the approved job opportunities of any of the association's producer members and such workers may be transferred among its producer members to perform the agricultural labor or services for which the petition was approved4 7,c7 ,petitions involving staggered entry 7i7 ,in general ,except as provided in clause 7ii71 an employer may file a petition involving employment in the same occupational classification and same area of intended employment with multiple start dates if-- 7,i7 the petition involves temporary or seasonal employment and no more than #aj start dates2 7,,ii7 the multiple start dates share a common end date that is no longer than #a year after the first start date2 7,,iii7 no more than #abj days separate the first start date and the final start date listed in the petition2 and 7,,iv7 the need for multiple start dates arises from variations in labor needs associated with the job opportunity identified in the petition4 7ii7 ,farm labor contractors ,a farm labor contractor may not file a petition described in clause 7i7 unless the farm labor contractor-- 7,i7 is filing as a joint employer with its contractees1 or is operating in a ,state in which joint employment and liability between the farm labor contractor and its contractees is otherwise established2 or 7,,ii7 has posted and is maintaining a premium surety bond as described in subsection 7l77#a74 7#b7 ,labor certification 7,a7 ,review of job order 7i7 ,in general ,the ,secretary of ,labor1 in consultation with the relevant ,state workforce agency1 shall review the job order for compliance with this section and notify the employer through the electronic platform of any deficiencies not later than #g business days from the date the employer submits the necessary information required under paragraph 7#a77;,a74 ,the employer shall be provided #e business days to respond to any such notice of deficiency4 7ii7 ,standard ,the job order must include all material terms and conditions of employment1 including the requirements of this section1 and must be otherwise consistent with the minimum standards provided under ,federal1 ,state or local law4 ,in considering the question of whether a specific qualification is appropriate in a job order1 the ,secretary shall apply the normal and accepted qualification required by non-,h-#b;,a employers in the same or comparable occupations and crops4 7iii7 ,emergency procedures ,the ,secretary of ,labor shall establish emergency procedures for the curing of deficiencies that cannot be resolved during the period described in clause 7i74 7,b7 ,approval of job order 7i7 ,in general ,upon approval of the job order1 the ,secretary of ,labor shall immediately place for public examination a copy of the job order on the online job registry1 and the ,state workforce agency serving the area of intended employment shall commence the recruitment of ,united ,states workers4 7ii7 ,referral of ,united ,states workers ,the ,department of ,labor and ,state workforce agency shall keep the job order active until the end of the period described in subsection 7c77#b7 and shall refer to the employer each ,united ,states worker who applies for the job opportunity4 7,c7 ,review of information for deficiencies ,within #g business days of the approval of the job order1 the ,secretary shall review the information necessary to make a labor certification and notify the employer through the electronic platform if such information does not meet the standards for approval4 ,such notification shall include a description of any deficiency1 and the employer shall be provided #e business days to cure such deficiency4 7,d7 ,certification and authorization of workers ,not later than #cj days before the date that labor or services are first required to be performed1 the ,secretary of ,labor shall issue the requested labor certification if-- 7i7 the employer has complied with the requirements for certification set forth in this section2 and 7ii7 the ,secretary of ,labor determines that there are not sufficient qualified1 willing1 and available ,united ,states workers to perform the agricultural labor or services as required by the terms and conditions of the job offer4 7,e7 ,expedited administrative appeals of certain determinations ,the ,secretary of ,labor shall by regulation establish a procedure for an employer to request the expedited review of a denial of a labor certification under this section1 or the revocation of such a certification4 ,such procedure shall require the ,secretary to expeditiously1 but no later than #gb hours after expedited review is requested1 issue a de novo determination on a labor certification that was denied in whole or in part because of the availability of able1 willing and qualified workers if the employer demonstrates1 consistent with subsection 7c77#c77;,b71 that such workers are not actually available at the time or place such labor or services are required4 7#c7 ,petition decision 7,a7 ,in general ,not later than #g business days after the ,secretary of ,labor issues the certification1 the ,secretary of ,homeland ,security shall issue a decision on the petition and shall transmit a notice of action to the petitioner via the electronic platform4 7,b7 ,approval ,upon approval of a petition under this section1 the ,secretary of ,homeland ,security shall ensure that such approval is noted in the electronic platform and is available to the ,secretary of ,state and ,u4,s4 ,customs and ,border ,protection1 as necessary1 to facilitate visa issuance and admission4 7,c7 ,partial approval ,a petition for multiple named beneficiaries may be partially approved with respect to eligible beneficiaries notwithstanding the ineligibility1 or potential ineligibility1 of one or more other beneficiaries4 7,d7 ,post-certification amendments ,the ,secretary of ,labor shall provide a process for amending a request for labor certification in conjunction with an ,h-#b;,a petition1 subsequent to certification by the ,secretary of ,labor1 in cases in which the requested amendment does not materially change the petition 7including the job order74 7#d7 ,roles of agricultural associations 7,a7 ,member's violation does not necessarily disqualify association or other members ,if an individual producer member of a joint employer association is determined to have committed an act that results in the denial of a petition with respect to the member1 the denial shall apply only to that member of the association unless the ,secretary of ,labor determines that the association or other member participated in1 had knowledge of1 or reason to know of1 the violation4 7,b7 ,association's violation does not necessarily disqualify members 7i7 ,if an association representing agricultural producers as a joint employer is determined to have committed an act that results in the denial of a petition with respect to the association1 the denial shall apply only to the association and does not apply to any individual producer member of the association unless the ,secretary of ,labor determines that the member participated in1 had knowledge of1 or reason to know of1 the violation4 7ii7 ,if an association of agricultural producers certified as a sole employer is determined to have committed an act that results in the denial of a petition with respect to the association1 no individual producer member of such association may be the beneficiary of the services of ,h-#b;,a workers in the commodity and occupation in which such aliens were employed by the association which was denied during the period such denial is in force1 unless such producer member employs such aliens in the commodity and occupation in question directly or through an association which is a joint employer of such workers with the producer member4 7#e7 ,special procedures ,the ,secretary of ,labor1 in consultation with the ,secretary of ,agriculture and ,secretary of ,homeland ,security1 may by regulation establish alternate procedures that reasonably modify program requirements under this section1 when the ,secretary determines that such modifications are required due to the unique nature of the work involved4 7#f7 ,construction occupations 7,a7 ,in general ,unless the employer is an agricultural producer1 an employer may not file a petition under this section on behalf of a worker when the majority of the worker's duties will fall within a construction or extraction occupational classification4 7,b7 ,clarification ,an ,h-#b;,a worker may only perform duties that fall within a construction or extraction occupational classification if such duties are agricultural labor or services4 7i7 ,non-,temporary or -,seasonal needs 7#a7 ,in general ,notwithstanding section #aja7;a77#ae77;,h77ii77a71 the ,secretary of ,homeland ,security may1 consistent with the provisions of this subsection1 approve a petition for an ,h-#b;,a worker to perform agricultural services or labor that is not of a temporary or seasonal nature4 7#b7 ,numerical limitations 7,a7 ,first #c fiscal years ,the total number of aliens who may be issued visas or otherwise provided ,h-#b;,a nonimmigrant status under paragraph 7#a7 for the first fiscal year during which the first visa is issued under such paragraph and for each of the following two fiscal years may not exceed #bj1jjj4 7,b7 ,fiscal years #d through #aj 7i7 ,in general ,the total number of aliens who may be issued visas or otherwise provided ,h-#b;,a nonimmigrant status under paragraph 7#a7 for the first fiscal year following the fiscal years referred to in subparagraph 7,a7 and for each of the following six fiscal years may not exceed a numerical limitation jointly imposed by the ,secretary of ,agriculture and ,secretary of ,labor in accordance with clause 7ii74 7ii7 ,annual adjustments ,for each fiscal year referred to in clause 7i71 the ,secretary of ,agriculture and ,secretary of ,labor1 in consultation with the ,secretary of ,homeland ,security1 shall establish a numerical limitation for purposes of clause 7i74 ,such numerical limitation may not be lower #bj1jjj and may not vary by more than #ab4e percent compared to the numerical limitation applicable to the immediately preceding fiscal year4 ,in establishing such numerical limitation1 the ,secretaries shall consider appropriate factors1 including-- 7,i7 a demonstrated shortage of agricultural workers2 7,,ii7 the level of unemployment and underemployment of agricultural workers during the preceding fiscal year2 7,,iii7 the number of ,h-#b;,a workers sought by employers during the preceding fiscal year to engage in agricultural labor or services not of a temporary or seasonal nature2 7,,iv7 the number of such ,h-#b;,a workers issued a visa in the most recent fiscal year who remain in the ,united ,states in compliance with the terms of such visa2 7,v7 the estimated number of ,united ,states workers1 including workers who obtained certified agricultural worker status under title ,i of the ,farm ,workforce ,modernization ,act of #bjai1 who worked during the preceding fiscal year in agricultural labor or services not of a temporary or seasonal nature2 7,,vi7 the number of such ,united ,states workers who accepted jobs offered by employers using the online job registry during the preceding fiscal year2 7,,vii7 any growth or contraction of the ,united ,states agricultural industry that has increased or decreased the demand for agricultural workers2 and 7,,viii7 any changes in the real wages paid to agricultural workers in the ,united ,states as an indication of a shortage or surplus of agricultural labor4 7,c7 ,subsequent fiscal years ,for each fiscal year following the fiscal years referred to in subparagraph 7,b71 the ,secretary of ,agriculture and ,secretary of ,labor shall jointly determine1 in consultation with the ,secretary of ,homeland ,security1 and after considering appropriate factors1 including those factors listed in subclauses 7,i7 through 7,,viii7 of subparagraph 7,b77ii71 whether to establish a numerical limitation for that fiscal year4 ,if a numerical limitation is so established-- 7i7 such numerical limitation may not be lower than highest number of aliens admitted under this subsection in any of the three fiscal years immediately preceding the fiscal year for which the numerical limitation is to be established2 and 7ii7 the total number of aliens who may be issued visas or otherwise provided ,h-#b;,a nonimmigrant status under paragraph 7#a7 for that fiscal year may not exceed such numerical limitation4 7,d7 ,emergency procedures ,the ,secretary of ,agriculture and ,secretary of ,labor1 in consultation with the ,secretary of ,homeland ,security1 shall jointly establish by regulation procedures for immediately adjusting a numerical limitation imposed under subparagraph 7,b7 or 7,c7 to account for significant labor shortages4 7#c7 ,allocation of visas 7,a7 ,bi-annual allocation ,the annual allocation of visas described in paragraph 7#b7 shall be evenly allocated between two halves of the fiscal year unless the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,agriculture and ,secretary of ,labor1 determines that an alternative allocation would better accommodate demand for visas4 ,any unused visas in the first half of the fiscal year shall be added to the allocation for the subsequent half of the same fiscal year4 7,b7 ,reserve for dairy labor or services 7i7 ,in general ,of the visa numbers made available in each half of the fiscal year pursuant to subparagraph 7,a71 #ej percent of such visas shall be reserved for employers filing petitions seeking ,h-#b;,a workers to engage in agricultural labor or services in the dairy industry4 7ii7 ,exception ,if1 after four months have elapsed in one half of the fiscal year1 the ,secretary of ,homeland ,security determines that application of clause 7i7 will result in visas going unused during that half of the fiscal year1 clause 7i7 shall not apply to visas under this paragraph during the remainder of such calendar half4 7#d7 ,annual round trip home 7,a7 ,in general ,in addition to the other requirements of this section1 an employer shall provide ,h-#b;,a workers employed under this subsection1 at no cost to such workers1 with annual round trip travel1 including transportation and subsistence during travel1 to their homes in their communities of origin4 ,the employer must provide such travel within #ad months of the initiation of the worker's employment1 and no more than #ad months can elapse between each required period of travel4 7,b7 ,limitation ,the cost of travel under subparagraph 7,a7 need not exceed the lesser of-- 7i7 the actual cost to the worker of the transportation and subsistence involved2 or 7ii7 the most economical and reasonable common carrier transportation charges and subsistence costs for the distance involved4 7#e7 ,family housing ,an employer seeking to employ an ,h-#b;,a worker pursuant to this subsection shall offer family housing to workers with families if such workers are engaged in agricultural employment that is not of a seasonal or temporary nature4 ,the worker may reject such an offer4 ,the employer may not charge the worker for the worker's housing1 except that if the worker accepts family housing1 a prorated rent based on the fair market value for such housing may be charged for the worker's family members4 7#f7 ,workplace safety plan for dairy employees 7,a7 ,in general ,if an employer is seeking to employ a worker in agricultural labor or services in the dairy industry pursuant to this subsection1 the employer must report incidents consistent with the requirements under section #aijd4ci of title #bi1 ,code of ,federal ,regulations1 and maintain an effective worksite safety and compliance plan to prevent workplace accidents and otherwise ensure safety4 ,such plan shall-- 7i7 be in writing in ,english and1 to the extent necessary1 any language common to a significant portion of the workers if they are not fluent in ,english2 and 7ii7 be posted at a conspicuous location at the worksite and provided to employees prior to the commencement of labor or services4 7,b7 ,contents of plan ,the ,secretary of ,labor1 in consultation with the ,secretary of ,agriculture1 shall establish by regulation the minimum requirements for the plan described in subparagraph 7,a74 ,such plan shall include measures to-- 7i7 require workers 7other than the employer's family members7 whose positions require contact with animals to complete animal care training1 including animal handling and job-specific animal care2 7ii7 protect against sexual harassment and violence1 resolve complaints involving harassment or violence1 and protect against retaliation against workers reporting harassment or violence2 and 7iii7 contain other provisions necessary for ensuring workplace safety1 as determined by the ,secretary of ,labor1 in consultation with the ,secretary of ,agriculture4 7j7 ,eligibility for ,h-#b;,a status and admission to the ,united ,states 7#a7 ,disqualification ,an alien shall be ineligible for admission to the ,united ,states as an ,h-#b;,a worker pursuant to a petition filed under this section if the alien was admitted to the ,united ,states as an ,h-#b;,a worker within the past #e years of the date the petition was filed and-- 7,a7 violated a material provision of this section1 including the requirement to promptly depart the ,united ,states when the alien's authorized period of admission has expired1 unless the alien has good cause for such failure to depart2 or 7,b7 otherwise violated a term or condition of admission into the ,united ,states as an ,h-#b;,a worker4 7#b7 ,visa validity ,a visa issued to an ,h-#b;,a worker shall be valid for three years and shall allow for multiple entries during the approved period of admission4 7#c7 ,period of authorized stay2 admission 7,a7 ,in general ,an alien admissible as an ,h-#b;,a worker shall be authorized to stay in the ,united ,states for the period of employment specified in the petition approved by the ,secretary of ,homeland ,security under this section4 ,the maximum continuous period of authorized stay for an ,h-#b;,a worker is #cf months4 7,b7 ,requirement to remain outside the ,united ,states ,in the case of an ,h-#b;,a worker whose maximum continuous period of authorized stay 7including any extensions7 has expired1 the alien may not again be eligible for such stay until the alien remains outside the ,united ,states for a cumulative period of at least #de days4 7,c7 ,exceptions ,the ,secretary of ,homeland ,security shall deduct absences from the ,united ,states that take place during an ,h-#b;,a worker's period of authorized stay from the period that the alien is required to remain outside the ,united ,states under subparagraph 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 including1 but not limited to1 arrival and departure records1 copies of tax returns1 and records of employment abroad4 7,d7 ,admission ,in addition to the maximum continuous period of authorized stay1 an ,h-#b;,a worker's authorized period of admission shall include an additional period of #aj days prior to the beginning of the period of employment for the purpose of traveling to the place of employment and #de days at the end of the period of employment for the purpose of traveling home or seeking an extension of status based on a subsequent offer of employment if the worker has not reached the maximum continuous period of authorized stay under subparagraph 7,a7 7subject to the exceptions in subparagraph 7,c774 7#d7 ,continuing ,h-#b;,a workers 7,a7 ,successive employment ,an ,h-#b;,a worker is authorized to start new or concurrent employment upon the filing of a nonfrivolous ,h-#b;,a petition1 or as of the requested start date1 whichever is later if-- 7i7 the petition to start new or concurrent employment was filed prior to the expiration of the ,h-#b;,a worker's period of admission as defined in paragraph 7#c77;,d72 and 7ii7 the ,h-#b;,a worker has not been employed without authorization in the ,united ,states from the time of last admission to the ,united ,states in ,h-#b;,a status through the filing of the petition for new employment4 7,b7 ,protection due to immigrant visa backlogs ,notwithstanding the limitations on the period of authorized stay described in paragraph 7#c71 any ,h-#b;,a worker who-- 7i7 is the beneficiary of an approved petition1 filed under section #bjd7;a77#a77;,e7 or 7,f7 for preference status under section #bjc7;b77#c77;,a77iii72 and 7ii7 is eligible to be granted such status but for the annual limitations on visas under section #bjc7;b77#c77;,a71 may apply for1 and the ,secretary of ,homeland ,security may grant1 an extension of such nonimmigrant status until the ,secretary of ,homeland ,security issues a final administrative decision on the alien's application for adjustment of status or the ,secretary of ,state issues a final decision on the alien's application for an immigrant visa4 7#e7 ,abandonment of employment 7,a7 ,in general ,except as provided in subparagraph 7,b71 an ,h-#b;,a worker who abandons the employment which was the basis for the worker's authorized stay1 without good cause1 shall be considered to have failed to maintain ,h-#b;,a status and shall depart the ,united ,states or be subject to removal under section #bcg7;a77#a77;,c77i74 7,b7 ,grace period to secure new employment ,an ,h-#b;,a worker shall not be considered to have failed to maintain ,h-#b;,a status solely on the basis of a cessation of the employment on which the alien's classification was based for a period of #de consecutive days1 or until the end of the authorized validity period1 whichever is shorter1 once during each authorized validity period4 7k7 ,required disclosures 7#a7 ,disclosure of work contract ,not later than the time the ,h-#b;,a worker applies for a visa1 the employer shall provide the worker with a copy of the work contract that includes the disclosures and rights under this section 7or in the absence of such a contract1 a copy of the job order and proof of the certification described in subparagraphs 7,b7 and 7,d7 of subsection 7h77#b774 ,an ,h-#b;,a worker moving from one ,h-#b;,a employer to a subsequent ,h-#b;,a employer shall be provided with a copy of the new employment contract no later than the time an offer of employment is made by the subsequent employer4 7#b7 ,hours and earnings statements ,the employer shall furnish to ,h-#b;,a workers1 on or before each payday1 in one or more written statements-- 7,a7 the worker's total earnings for the pay period2 7,b7 the worker's hourly rate of pay1 piece rate of pay1 or both2 7,c7 the hours of employment offered to the worker and the hours of employment actually worked2 7,d7 if piece rates of pay are used1 the units produced daily2 7,e7 an itemization of the deductions made from the worker's wages2 and 7,f7 any other information required by ,federal1 ,state or local law4 7#c7 ,notice of worker rights ,the employer must post and maintain in a conspicuous location at the place of employment1 a poster provided by the ,secretary of ,labor in ,english1 and1 to the extent necessary1 any language common to a significant portion of the workers if they are not fluent in ,english1 which sets out the rights and protections for workers employed pursuant to this section4 7l7 ,farm labor contractors2 foreign labor recruiters2 prohibition on fees 7#a7 ,farm labor contractors 7,a7 ,surety bond ,an employer that is a farm labor contractor who seeks to employ ,h-#b;,a workers shall post or maintain a surety bond in an amount required under subparagraph 7,b74 ,such bond shall be payable to the ,secretary of ,labor or pursuant to the resolution of a civil or criminal proceeding1 for the payment of wages and benefits1 including any assessment of interest1 owed to an ,h-#b;,a worker or a similarly employed ,united ,states worker1 or a ,united ,states worker who has been rejected or displaced in violation of this section4 7,b7 ,amount of bond ,the ,secretary of ,labor shall annually publish in the ,federal ,register a schedule of required bond amounts that are determined by such ,secretary to be sufficient for farm labor contractors to discharge financial obligations under this section based on the number of workers the farm labor contractor seeks to employ and the wages such workers are required to be paid4 7,c7 ,premium bond ,a farm labor contractor seeking to file a petition involving more than #a start date under subsection 7h77#a77;,c7 shall post and maintain a surety bond that is at least #ae percent higher than the applicable bond amount determined by the ,secretary under subparagraph 7,b74 7,d7 ,use of funds ,any sums paid to the ,secretary under subparagraph 7,a7 that are not paid to a worker because of the inability to do so within a period of #e years following the date of a violation giving rise to the obligation to pay shall remain available to the ,secretary without further appropriation until expended to support the enforcement of this section4 7#b7 ,foreign labor recruiting ,if the employer has retained the services of a foreign labor recruiter1 the employer shall use a foreign labor recruiter registered under section #bea of the ,farm ,workforce ,modernization ,act of #bjai4 7#c7 ,prohibition against employees paying fees ,neither the employer nor its agents shall seek or receive payment of any kind from any worker for any activity related to the ,h-#b;,a process1 including payment of the employer's attorneys' fees1 application fees1 or recruitment costs4 ,an employer and its agents may receive reimbursement for costs that are the responsibility and primarily for the benefit of the worker1 such as government-required passport fees4 7#d7 ,third-party contracts ,the contract between an employer and any farm labor contractor or any foreign labor recruiter 7or any agent of such farm labor contractor or foreign labor recruiter7 whom the employer engages shall include a term providing for the termination of such contract for cause if the contractor or recruiter1 either directly or indirectly1 in the placement or recruitment of ,h-#b;,a workers seeks or receives payments or other compensation from prospective employees4 ,upon learning that a farm labor contractor or foreign labor recruiter has sought or collected such payments1 the employer shall so terminate any contracts with such contractor or recruiter4 7m7 ,enforcement authority 7#a7 ,in general ,the ,secretary of ,labor is authorized to take such actions against employers1 including imposing appropriate penalties and seeking monetary and injunctive relief and specific performance of contractual obligations1 as may be necessary to ensure compliance with the requirements of this section and with the applicable terms and conditions of employment4 7#b7 ,complaint process 7,a7 ,process ,the ,secretary of ,labor shall establish a process for the receipt1 investigation1 and disposition of complaints alleging failure of an employer to comply with the requirements under this section and with the applicable terms and conditions of employment4 7,b7 ,filing ,a complaint referred to in subparagraph 7,a7 may be filed not later than #b years after the date of the conduct that is the subject of the complaint4 7,c7 ,complaint not exclusive ,a complaint filed under this paragraph is not an exclusive remedy and the filing of such a complaint does not waive any rights or remedies of the aggrieved party under this law or other laws4 7,d7 ,decision and remedies ,if the ,secretary of ,labor finds1 after notice and opportunity for a hearing1 that the employer failed to comply with the requirements of this section or the terms and conditions of employment1 the ,secretary of ,labor may require payment of unpaid wages1 unpaid benefits1 fees assessed in violation of this section1 damages1 and civil money penalties4 ,the ,secretary is also authorized to impose other administrative remedies1 including disqualification of the employer from utilizing the ,h-#b;,a program for a period of up to #e years in the event of willful or multiple material violations4 ,the ,secretary is authorized to permanently disqualify an employer from utilizing the ,h-#b;,a program upon a subsequent finding involving willful or multiple material violations4 7,e7 ,disposition of penalties ,civil penalties collected under this paragraph shall be deposited into the ,h-#b;,a ,labor ,certification ,fee ,account established under section #bjc of the ,farm ,workforce ,modernization ,act of #bjai4 7#c7 ,statutory construction ,nothing in this subsection may be construed as limiting the authority of the ,secretary of ,labor to conduct an investigation-- 7,a7 under any other law1 including any law affecting migrant and seasonal agricultural workers2 or 7,b7 in the absence of a complaint4 7#d7 ,retaliation prohibited ,it is a violation of this subsection for any person who has filed a petition under this section to intimidate1 threaten1 restrain1 coerce1 blacklist1 discharge1 or in any other manner discriminate against1 or to cause any person to intimidate1 threaten1 restrain1 coerce1 blacklist1 or in any manner discriminate against1 an employee1 including a former employee or an applicant for employment1 because the employee-- 7,a7 has disclosed information to the employer1 or to any other person1 that the employee reasonably believes evidences a violation under this section1 or any rule or regulation relating to this section2 7,b7 has filed a complaint concerning the employer's compliance with the requirements under this section or any rule or regulation pertaining to this section2 7,c7 cooperates or seeks to cooperate in an investigation or other proceeding concerning the employer's compliance with the requirements under this section or any rule or regulation pertaining to this section2 or 7,d7 has taken steps to exercise or assert any right or protection under the provisions of this section1 or any rule or regulation pertaining to this section1 or any other relevant ,federal1 ,state1 or local law4 7#e7 ,interagency communication ,the ,secretary of ,labor1 in consultation with the ,secretary of ,homeland ,security1 ,secretary of ,state and the ,equal ,employment ,opportunity ,commission1 shall establish mechanisms by which the agencies and their components share information1 including by public electronic means1 regarding complaints1 studies1 investigations1 findings and remedies regarding compliance by employers with the requirements of the ,h-#b;,a program and other employment-related laws and regulations4 7n7 ,definitions ,in this section3 7#a7 ,displace ,the term displace means to lay off a similarly employed ,united ,states worker1 other than for lawful job-related reasons1 in the occupation and area of intended employment for the job for which ,h-#b;,a workers are sought4 7#b7 ,h-#b;,a worker ,the term ,h-#b;,a worker means a nonimmigrant described in section #aja7;a77#ae77;,h77ii77a74 7#c7 ,job order ,the term job order means the document containing the material terms and conditions of employment relating to wages1 hours1 working conditions1 worksite and other benefits1 including obligations and assurances required under this section4 7#d7 ,online job registry ,the term online job registry means the online job registry of the ,secretary of ,labor required under section #bja7;b7 of the ,farm ,workforce ,modernization ,act of #bjai 7or similar successor registry74 7#e7 ,similarly employed ,the term similarly employed1 in the case of a worker1 means a worker in the same occupational classification as the classification or classifications for which the ,h-#b;,a worker is sought4 7#f7 ,united ,states worker ,the term ,united ,states worker means any worker who is-- 7,a7 a citizen or national of the ,united ,states2 7,b7 an alien who is lawfully admitted for permanent residence1 is admitted as a refugee under section #bjg1 is granted asylum under section #bjh1 or is an immigrant otherwise authorized to be employed in the ,united ,states2 7,c7 an alien granted certified agricultural worker status under title ,i of the ,farm ,workforce ,modernization ,act of #bjai2 or 7,d7 an individual who is not an unauthorized alien 7as defined in section #bgd;,a7h77#c77 with respect to the employment in which the worker is engaging4 7o7 ,fees2 authorization of appropriations 7#a7 ,fees 7,a7 ,in general ,the ,secretary of ,homeland ,security shall impose a fee to process petitions under this section4 ,such fee shall be set at a level that is sufficient to recover the reasonable costs of processing the petition1 including the reasonable costs of providing labor certification by the ,secretary of ,labor4 7,b7 ,distribution ,fees collected under subparagraph 7,a7 shall be deposited as offsetting receipts into the immigration examinations fee account in section #bhf7m71 except that the portion of fees assessed for the ,secretary of ,labor shall be deposited into the ,h-#b;,a ,labor ,certification ,fee ,account established pursuant to section #bjc7;c7 of the ,farm ,workforce ,modernization ,act of #bjai4 7#b7 ,appropriations ,there are authorized to be appropriated for each fiscal year such sums as necessary for the purposes of-- 7,a7 recruiting ,united ,states workers for labor or services which might otherwise be performed by ,h-#b;,a workers1 including by ensuring that ,state workforce agencies are sufficiently funded to fulfill their functions under this section2 7,b7 enabling the ,secretary of ,labor to make determinations and certifications under this section and under section #bab7;a77#e77;,a77i72 7,c7 monitoring the terms and conditions under which ,h-#b;,a workers 7and ,united ,states workers employed by the same employers7 are employed in the ,united ,states2 and 7,d7 enabling the ,secretary of ,agriculture to carry out the ,secretary of ,agriculture's duties and responsibilities under this section4 4 #bjc4 ,agency roles and responsibilities 7a7 ,responsibilities of the ,secretary of ,labor ,with respect to the administration of the ,h-#b;,a program1 the ,secretary of ,labor shall be responsible for-- 7#a7 consulting with ,state workforce agencies to-- 7,a7 review and process job orders2 7,b7 facilitate the recruitment and referral of able1 willing and qualified ,united ,states workers who will be available at the time and place needed2 7,c7 determine prevailing wages and practices2 and 7,d7 conduct timely inspections to ensure compliance with applicable ,federal1 ,state1 or local housing standards and ,federal regulations for ,h-#b;,a housing2 7#b7 determining whether the employer has met the conditions for approval of the ,h-#b;,a petition described in section #bah7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahh7;a772 7#c7 determining1 in consultation with the ,secretary of ,agriculture1 whether a job opportunity is of a seasonal or temporary nature2 7#d7 determining whether the employer has complied or will comply with the ,h-#b;,a program requirements set forth in section #bah7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahh7;b772 7#e7 processing and investigating complaints consistent with section #bah7m77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahh7m77#b772 and 7#f7 ensuring that guidance to ,state workforce agencies to conduct wage surveys is regularly updated4 7b7 ,responsibilities of the ,secretary of ,homeland ,security ,with respect to the administration of the ,h-#b;,a program1 the ,secretary of ,homeland ,security shall be responsible for-- 7#a7 adjudicating petitions for the admission of ,h-#b;,a workers1 which shall include an assessment as to whether each beneficiary will be employed in accordance with the terms and conditions of the certification and whether the named beneficiaries qualify for such employment2 7#b7 transmitting a copy of the final decision on the petition to the employer1 and in the case of approved petitions1 ensuring that the petition approval is reflected in the electronic platform to facilitate the prompt issuance of a visa by the ,department of ,state 7if required7 and the admission of the ,h-#b;,a workers to the ,united ,states2 and 7#c7 establishing a reliable and secure method through which ,h-#b;,a workers can access information about their ,h-#b;,a visa status1 including information on pending1 approved1 or denied petitions to extend such status4 7c7 ,establishment of account and use of funds 7#a7 ,establishment of account ,there is established in the general fund of the ,treasury a separate account1 which shall be known as the ,h-#b;,a ,labor ,certification ,fee ,account4 ,notwithstanding any other provisions of law1 there shall be deposited as offsetting receipts into the account all amounts-- 7,a7 collected as a civil penalty under section #bah7m77#b77;,e7 of the ,immigration and ,nationality ,act2 and 7,b7 collected as a fee under section #bah7o77#a77;,b7 of the ,immigration and ,nationality ,act4 7#b7 ,use of fees ,amounts deposited into the ,h-#b;,a ,labor ,certification ,fee ,account shall be available 7except as otherwise provided in this paragraph7 without fiscal year limitation and without the requirement for specification in appropriations acts to the ,secretary of ,labor for use1 directly or through grants1 contracts1 or other arrangements1 in such amounts as the ,secretary of ,labor determines are necessary for the costs of ,federal and ,state administration in carrying out activities in connection with labor certification under section #bah of the ,immigration and ,nationality ,act4 ,such costs may include personnel salaries and benefits1 equipment and infrastructure for adjudication and customer service processes1 the operation and maintenance of an on-line job registry1 and program integrity activities4 ,the ,secretary1 in determining what amounts to transfer to ,states for ,state administration in carrying out activities in connection with labor certification under section #bah of the ,immigration and ,nationality ,act shall consider the number of ,h-#b;,a workers employed in that ,state and shall adjust the amount transferred to that ,state accordingly4 ,in addition1 #aj percent of the amounts deposited into the ,h-#b;,a ,labor ,certification ,fee ,account shall be available to the ,office of ,inspector ,general of the ,department of ,labor to conduct audits and criminal investigations relating to such foreign labor certification programs4 7#c7 ,additional funds ,amounts available under paragraph 7#a7 shall be available in addition to any other funds appropriated or made available to the ,department of ,labor under other laws1 including section #bah7o77#b7 of the ,immigration and ,nationality ,act4 #bjd4 ,worker protection and compliance 7a7 ,equality of treatment ,h-#b;,a workers shall not be denied any right or remedy under any ,federal1 ,state1 or local labor or employment law applicable to ,united ,states workers engaged in agricultural employment4 7b7 ,applicability of other laws 7#a7 ,migrant and seasonal agricultural worker protection act ,h-#b;,a workers shall be considered migrant agricultural workers for purposes of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahja et seq474 7#b7 ,waiver of rights prohibited ,agreements by ,h-#b;,a workers to waive or modify any rights or protections under this ,act or section #bah of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahh7 shall be considered void or contrary to public policy except as provided in a collective bargaining agreement with a bona fide labor organization4 7#c7 ,mediation 7,a7 ,free mediation services ,the ,federal ,mediation and ,conciliation ,service shall be available to assist in resolving disputes arising under this section between ,h-#b;,a workers and agricultural employers without charge to the parties4 7,b7 ,complaint ,if an ,h-#b;,a worker files a civil action alleging one or more violations of section #bah of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahh71 the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq471 or the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahja et seq471 not later than #fj days after the filing of proof of service of the complaint1 a party to the action may file a request with the ,federal ,mediation and ,conciliation ,service to assist the parties in reaching a satisfactory resolution of all issues involving all parties to the dispute4 7,c7 ,notice ,upon filing a request under subparagraph 7,b7 and giving of notice to the parties1 the parties shall attempt mediation within the period specified in subparagraph 7,d71 except that nothing in this paragraph shall limit the ability of a court to order preliminary injunctive relief to protect health and safety4 7,d7 #ij-;day limit ,the ,federal ,mediation and ,conciliation ,service may conduct mediation or other nonbinding dispute resolution activities for a period not to exceed #ij days beginning on the date on which the ,federal ,mediation and ,conciliation ,service receives a request for assistance under subparagraph 7,b7 unless the parties agree to an extension of such period4 7,e7 ,authorization of appropriations 7i7 ,in general ,subject to clause 7ii71 there is authorized to be appropriated to the ,federal ,mediation and ,conciliation ,service1 #ejj1jjj for each fiscal year to carry out this subparagraph4 7ii7 ,mediation ,notwithstanding any other provision of law1 the ,director of the ,federal ,mediation and ,conciliation ,service is authorized-- 7,i7 to conduct the mediation or other dispute resolution activities from any other account containing amounts available to the ,director2 and 7,,ii7 to reimburse such account with amounts appropriated pursuant to clause 7i74 7,f7 ,private mediation ,if all parties agree1 a private mediator may be employed as an alternative to the ,federal ,mediation and ,conciliation ,service4 7c7 ,labor contractor requirements 7#a7 ,surety bonds 7,a7 ,requirement ,section #aja of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahaa71 is amended by adding at the end the following3 7e7 ,a farm labor contractor shall post and at all times maintain a surety bond in an amount determined by the ,secretary to be sufficient for ensuring the ability of the farm labor contractor to discharge its financial obligations1 including payment of wages and benefits to employees4 ,such a bond shall be available to satisfy any amounts ordered to be paid by the ,secretary or by court order for failure to comply with the obligations of this ,act4 ,the ,secretary of ,labor shall annually publish in the ,federal ,register a schedule of required bond amounts that are determined by such ,secretary to be sufficient for farm labor contractors to discharge financial obligations based on the number of workers the farm labor contractor seeks to employ and the wages such workers are required to be paid4 4 7,b7 ,registration determinations ,section #ajc7;a7 of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahac7;a771 is amended-- 7i7 in paragraph 7#d71 by striking or at the end2 7ii7 in paragraph 7#e77;,b71 by striking the period at the end and inserting 22 and 7iii7 by adding at the end the following3 7#f7 has failed to post or maintain a surety bond in compliance with section #aja7;e72 or 7#g7 has been disqualified by the ,secretary of ,labor from importing nonimmigrants described in section #aja7;a77#ae77;,h77ii7 of the ,immigration and ,nationality ,act4 4 7#b7 ,successors in interest 7,a7 ,declaration ,section #ajb of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahab71 is amended-- 7i7 in paragraph 7#d71 by striking and at the end2 7ii7 in paragraph 7#e71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7#f7 a declaration1 subscribed and sworn to by the applicant1 stating whether the applicant has a familial1 contractual1 or employment relationship with1 or shares vehicles1 facilities1 property1 or employees with1 a person who has been refused issuance or renewal of a certificate1 or has had a certificate suspended or revoked1 pursuant to section #ajc4 4 7,b7 ,rebuttable presumption ,section #ajc of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahac71 as amended by this ,act1 is further amended by inserting after subsection 7a7 the following new subsection 7and renumbering the remaining subsections accordingly73 7b7 7#a7 ,there shall be a rebuttable presumption that an applicant for issuance or renewal of a certificate is not the real party in interest in the application if the applicant-- 7,a7 is the immediate family member of any person who has been refused issuance or renewal of a certificate1 or has had a certificate suspended or revoked2 and 7,b7 identifies a vehicle1 facility1 or real property under paragraph 7#b7 or 7#c7 of section #ajb that has been previously listed by a person who has been refused issuance or renewal of a certificate1 or has had a certificate suspended or revoked4 7#b7 ,an applicant described in paragraph 7#a7 bears the burden of demonstrating to the ,secretary's satisfaction that the applicant is the real party in interest in the application4 4 #bje4 ,report on wage protections 7a7 ,not later than #c years after the date of the enactment of this ,act1 and every #c years thereafter1 the ,secretary of ,labor and ,secretary of ,agriculture shall prepare and transmit to the ,committees on the ,judiciary of the ,house of ,representatives and ,senate1 a report that addresses-- 7#a7 whether1 and the manner in which1 the employment of ,h-#b;,a workers in the ,united ,states has impacted the wages1 working conditions1 or job opportunities of ,united ,states farm workers2 7#b7 whether1 and the manner in which1 the adverse effect wage rate increases or decreases wages on ,united ,states farms1 broken down by geographic region and farm size2 7#c7 whether any potential impact of the adverse effect wage rate varies based on the percentage of workers in a geographic region that are ,h-#b;,a workers2 7#d7 the degree to which the adverse effect wage rate is affected by the inclusion in wage surveys of piece rate compensation1 bonus payments1 and other pay incentives1 and whether such forms of incentive compensation should be surveyed and reported separately from hourly base rates2 7#e7 whether1 and the manner in which1 other factors may artificially affect the adverse effect wage rate1 including factors that may be specific to a region1 ,state1 or region within a ,state2 7#f7 whether1 and the manner in which1 the ,h-#b;,a program affects the ability of ,united ,states farms to compete with agricultural commodities imported from outside the ,united ,states2 7#g7 the number and percentage of farmworkers in the ,united ,states whose incomes are below the poverty line2 7#h7 whether alternative wage standards would be sufficient to prevent wages in occupations in which ,h-#b;,a workers are employed from falling below the wage level that would have prevailed in the absence of the ,h-#b;,a program2 7#i7 whether any changes are warranted in the current methodologies for calculating the adverse effect wage rate and the prevailing wage2 and 7#aj7 recommendations for future wage protection under this section4 7b7 ,in preparing the report described in subsection 7a71 the ,secretary of ,labor and ,secretary of ,agriculture shall engage with equal numbers of representatives of agricultural employers and agricultural workers1 both locally and nationally4 #bjf4 ,portable ,h-#b;,a visa pilot program 7a7 ,establishment of pilot program 7#a7 ,in general ,not later than #ah months after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,labor and ,secretary of ,agriculture1 shall establish through regulation a #f-year pilot program to facilitate the free movement and employment of temporary or seasonal ,h-#b;,a workers to perform agricultural labor or services for agricultural employers registered with the ,secretary of ,agriculture4 ,notwithstanding the requirements of section #bah of the ,immigration and ,nationality ,act1 such regulation shall establish the requirements for the pilot program1 consistent with subsection 7b74 ,for purposes of this section1 such a worker shall be referred to as a portable ,h-#b;,a worker1 and status as such a worker shall be referred to as portable ,h-#b;,a status4 7#b7 ,online platform ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,labor and the ,secretary of ,agriculture1 shall maintain an online electronic platform to connect portable ,h-#b;,a workers with registered agricultural employers seeking workers to perform temporary or seasonal agricultural labor or services4 ,employers shall post on the platform available job opportunities1 including a description of the nature and location of the work to be performed1 the anticipated period or periods of need1 and the terms and conditions of employment4 ,such platform shall allow portable ,h-#b;,a workers to search for available job opportunities using relevant criteria1 including the types of jobs needed to be filled and the dates and locations of need4 7#c7 ,limitation ,notwithstanding the issuance of the regulation described in paragraph 7#a71 the ,secretary of ,state may not issue a visa to a portable ,h-#b;,a and the ,secretary of ,homeland ,security may not confer portable ,h-#b;,a status on any alien until the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,labor and ,secretary of ,agriculture1 has determined that a sufficient number of employers have been designated as registered agricultural employers under subsection 7b77#a7 and that such employers have sufficient job opportunities to employ a reasonable number of portable ,h-#b;,a workers to initiate the pilot program4 7b7 ,pilot program elements ,the pilot program in subsection 7a7 shall contain the following elements3 7#a7 ,registered agricultural employers 7,a7 ,designation ,agricultural employers shall be provided the ability to seek designation as registered agricultural employers4 ,reasonable fees may be assessed commensurate with the cost of processing applications for designation4 ,a designation shall be valid for a period of up to #c years unless revoked for failure to comply with program requirements4 ,registered employers that comply with program requirements may apply to renew such designation for additional periods of up to #c years for the duration of the pilot program4 7,b7 ,limitations ,registered agricultural employers may employ aliens with portable ,h-#b;,a status without filing a petition4 ,such employers shall pay such aliens at least the wage required under section #bah7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahh7;d774 7,c7 ,workers' compensation ,if a job opportunity is not covered by or is exempt from the ,state workers' compensation law1 a registered agricultural employer shall provide1 at no cost to the worker1 insurance covering injury and disease arising out of1 and in the course of1 the worker's employment1 which will provide benefits at least equal to those provided under the ,state workers' compensation law4 7#b7 ,designated workers 7,a7 ,in general ,individuals who have been previously admitted to the ,united ,states in ,h-#b;,a status1 and maintained such status during the period of admission1 shall be provided the opportunity to apply for portable ,h-#b;,a status4 ,portable ,h-#b;,a workers shall be subject to the provisions on visa validity and periods of authorized stay and admission for ,h-#b;,a workers described in section #bah7;j77#b7 and 7#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahh7;j77#b7 and 7#c774 7,b7 ,limitations on availability of portable ,h-#b;,a status 7i7 ,initial offer of employment required ,no alien may be granted portable ,h-#b;,a status without an initial valid offer of employment to perform temporary or agricultural labor or services from a registered agricultural employer4 7ii7 ,numerical limitations ,the total number of aliens who may hold valid portable ,h-#b;,a status at any one time may not exceed #aj1jjj4 ,notwithstanding such limitation1 the ,secretary of ,homeland ,security may further limit the number of aliens with valid portable ,h-#b;,a status if the ,secretary determines that there are an insufficient number of registered agricultural employers or job opportunities to support the employment of all such portable ,h-#b;,a workers4 7,c7 ,scope of employment ,during the period of admission1 a portable ,h-#b;,a worker may perform temporary or seasonal agricultural labor or services for any employer in the ,united ,states that is designated as a registered agricultural employer pursuant to paragraph 7#a74 ,an employment arrangement under this section may be terminated by either the portable ,h-#b;,a worker or the registered agricultural employer at any time4 7,d7 ,transfer to new employment ,at the cessation of employment with a registered agricultural employer1 a portable ,h-#b;,a worker shall have #fj days to secure new employment with a registered agricultural employer4 7,e7 ,maintenance of status ,a portable ,h-#b;,a worker who does not secure new employment with a registered agricultural employer within #fj days shall be considered to have failed to maintain such status and shall depart the ,united ,states or be subject to removal under section #bcg7;a77#a77;,c77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahh7;a77#a77;,c77i774 7#c7 ,enforcement ,the ,secretary of ,labor shall be responsible for conducting investigations and random audits of employers to ensure compliance with the requirements of this section1 consistent with section #bah7m7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahh7m774 ,the ,secretary of ,labor shall have the authority to collect reasonable civil penalties for violations1 which shall be utilized by the ,secretary for the administration and enforcement of the provisions of this section4 7#d7 ,eligibility for services ,section #cje of ,public ,law #ii-fjc 7#ajj ,stat4 #cdcd7 is amended by striking other employment rights as provided in the worker's specific contract under which the nonimmigrant was admitted and inserting employment-related rights4 7c7 ,report ,not later than #f months before the end of the third fiscal year of the pilot program1 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,labor and the ,secretary of ,agriculture1 shall prepare and submit to the ,committees on the ,judiciary of the ,house of ,representatives and the ,senate1 a report that provides-- 7#a7 the number of employers designated as registered agricultural employers1 broken down by geographic region1 farm size1 and the number of job opportunities offered by such employers2 7#b7 the number of employers whose designation as a registered agricultural employer was revoked2 7#c7 the number of individuals granted portable ,h-#b;,a status in each fiscal year1 along with the number of such individuals who maintained portable ,h-#b;,a status during all or a portion of the #c-year period of the pilot program2 7#d7 an assessment of the impact of the pilot program on the wages and working conditions of ,united ,states farm workers2 7#e7 the results of a survey of individuals granted portable ,h-#b;,a status1 detailing their experiences with and feedback on the pilot program2 7#f7 the results of a survey of registered agricultural employers1 detailing their experiences with and feedback on the pilot program2 7#g7 an assessment as to whether the program should be continued and if so1 any recommendations for improving the program2 and 7#h7 findings and recommendations regarding effective recruitment mechanisms1 including use of new technology to match workers with employers and ensure compliance with applicable labor and employment laws and regulations4 #bjg4 ,improving access to permanent residence 7a7 ,worldwide level ,section #bja7;d77#a77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;d77#a77;,a77 is amended by striking #adj1jjj and inserting #ahj1jjj4 7b7 ,visas for farmworkers ,section #bjc7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77 is amended-- 7#a7 in paragraph 7#a7 by striking #bh4f percent of such worldwide level and inserting #dj1jdj2 7#b7 in paragraph 7#b77;,a7 by striking #bh4f percent of such worldwide level and inserting #dj1jdj2 7#c7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a7-- 7i7 in the matter before clause 7i71 by striking #bh4f percent of such worldwide level and inserting #hj1jdj2 and 7ii7 by amending clause 7iii7 to read as follows3 7iii7 ,other workers ,other qualified immigrants who1 at the time of petitioning for classification under this paragraph-- 7,i7 are capable of performing unskilled labor1 not of a temporary or seasonal nature1 for which qualified workers are not available in the ,united ,states2 or 7,,ii7 can demonstrate employment in the ,united ,states as an ,h-#b;,a nonimmigrant worker for at least #ajj days in each of at least #aj years4 2 7,b7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,visas allocated for other workers 7i7 ,in general ,except as provided in clauses 7ii7 and 7iii71 #ej1jjj of the visas made available under this paragraph shall be reserved for qualified immigrants described in subparagraph 7,a77iii74 7ii7 ,preference for agricultural workers ,subject to clause 7iii71 not less than four-fifths of the visas described in clause 7i7 shall be reserved for-- 7,i7 qualified immigrants described in subparagraph 7,a77iii77,i7 who will be performing agricultural labor or services in the ,united ,states2 and 7,,ii7 qualified immigrants described in subparagraph 7,a77iii77,,ii74 7iii7 ,exception ,if because of the application of clause 7ii71 the total number of visas available under this paragraph for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa1 clause 7ii7 shall not apply to visas under this paragraph during the remainder of such calendar quarter4 7iv7 ,no per country limits ,visas described under clause 7ii7 shall be issued without regard to the numerical limitation under section #bjb7;a77#b74 2 and 7,c7 by amending subparagraph 7,c7 by striking ,an immigrant visa and inserting ,except for qualified immigrants petitioning for classification under subparagraph 7,a77iii77,,ii71 an immigrant visa2 7#d7 in paragraph 7#d71 by striking #g4a percent of such worldwide level and inserting #i1idj2 and 7#e7 in paragraph 7#e77;,a71 in the matter before clause 7i71 by striking #g4a percent of such worldwide level and inserting #i1idj4 7c7 ,petitioning procedure ,section #bjd7;a77#a77;,e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7;a77#a77;,e77 is amended by inserting or #bjc7;b77#c77;,a77iii77,,ii7 after #bjc7;b77#a77;,a74 7d7 ,dual 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 7ii77a7 of section #aja7;a77#ae77;,h74 ,b ,preservation and ,construction of ,farmworker ,housing #bbj4 ,short title ,this subtitle may be cited as the ,strategy and ,investment in ,rural ,housing ,preservation ,act of #bjai4 #bba4 ,permanent establishment of housing preservation and revitalization program ,title ,v of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adga et seq47 is amended by adding at the end the following new section3 #ede4 ,housing preservation and revitalization program 7a7 ,establishment ,the ,secretary shall carry out a program under this section for the preservation and revitalization of multifamily rental housing projects financed under section #eae or both sections #ead and #eaf4 7b7 ,notice of maturing loans 7#a7 ,to owners ,on an annual basis1 the ,secretary shall provide written notice to each owner of a property financed under section #eae or both sections #ead and #eaf that will mature within the #d-year period beginning upon the provision of such notice1 setting forth the options and financial incentives that are available to facilitate the extension of the loan term or the option to decouple a rental assistance contract pursuant to subsection 7f74 7#b7 ,to tenants 7,a7 ,in general ,for each property financed under section #eae or both sections #ead and #eaf1 not later than the date that is #b years before the date that such loan will mature1 the ,secretary shall provide written notice to each household residing in such property that informs them of the date of the loan maturity1 the possible actions that may happen with respect to the property upon such maturity1 and how to protect their right to reside in federally assisted housing after such maturity4 7,b7 ,language ,notice under this paragraph shall be provided in plain ,english and shall be translated to other languages in the case of any property located in an area in which a significant number of residents speak such other languages4 7c7 ,loan restructuring ,under the program under this section1 the ,secretary may restructure such existing housing loans1 as the ,secretary considers appropriate1 for the purpose of ensuring that such projects have sufficient resources to preserve the projects to provide safe and affordable housing for low-income residents and farm laborers1 by-- 7#a7 reducing or eliminating interest2 7#b7 deferring loan payments2 7#c7 subordinating1 reducing1 or reamortizing loan debt2 and 7#d7 providing other financial assistance1 including advances1 payments1 and incentives 7including the ability of owners to obtain reasonable returns on investment7 required by the ,secretary4 7d7 ,renewal of rental assistance ,when the ,secretary offers to restructure a loan pursuant to subsection 7c71 the ,secretary shall offer to renew the rental assistance contract under section #eba7;a77#b7 for a #bj-year term that is subject to annual appropriations1 provided that the owner agrees to bring the property up to such standards that will ensure its maintenance as decent1 safe1 and sanitary housing for the full term of the rental assistance contract4 7e7 ,restrictive use agreements 7#a7 ,requirement ,as part of the preservation and revitalization agreement for a project1 the ,secretary shall obtain a restrictive use agreement that obligates the owner to operate the project in accordance with this title4 7#b7 ,term 7,a7 ,no extension of rental assistance contract ,except when the ,secretary enters into a #bj-year extension of the rental assistance contract for the project1 the term of the restrictive use agreement for the project shall be consistent with the term of the restructured loan for the project4 7,b7 ,extension of rental assistance contract ,if the ,secretary enters into a #bj-year extension of the rental assistance contract for a project1 the term of the restrictive use agreement for the project shall be for #bj years4 7,c7 ,termination ,the ,secretary may terminate the #bj-year use restrictive use agreement for a project prior to the end of its term if the #bj-year rental assistance contract for the project with the owner is terminated at any time for reasons outside the owner's control4 7f7 ,decoupling of rental assistance 7#a7 ,renewal of rental assistance contract ,if the ,secretary determines that a maturing loan for a project cannot reasonably be restructured in accordance with subsection 7c7 and the project was operating with rental assistance under section #eba1 the ,secretary may renew the rental assistance contract1 notwithstanding any provision of section #eba1 for a term1 subject to annual appropriations1 of at least #aj years but not more than #bj years4 7#b7 ,rents ,any agreement to extend the term of the rental assistance contract under section #eba for a project shall obligate the owner to continue to maintain the project as decent1 safe and sanitary housing and to operate the development in accordance with this title1 except that rents shall be based on the lesser of-- 7,a7 the budget-based needs of the project2 or 7,b7 the operating cost adjustment factor as a payment standard as provided under section #ebd of the ,multifamily ,assisted ,housing ,reform and ,affordability ,act of #aiig 7#db ,u4,s4,c4 #adcg note74 7g7 ,multifamily housing transfer technical assistance ,under the program under this section1 the ,secretary may provide grants to qualified nonprofit organizations and public housing agencies to provide technical assistance1 including financial and legal services1 to borrowers under loans under this title for multifamily housing to facilitate the acquisition of such multifamily housing properties in areas where the ,secretary determines there is a risk of loss of affordable housing4 7h7 ,transfer of rental assistance ,after the loan or loans for a rental project originally financed under section #eae or both sections #ead and #eaf have matured or have been prepaid and the owner has chosen not to restructure the loan pursuant to subsection 7c71 a tenant residing in such project shall have #ah months prior to loan maturation or prepayment to transfer the rental assistance assigned to the tenant's unit to another rental project originally financed under section #eae or both sections #ead and #eaf1 and the owner of the initial project may rent the tenant's previous unit to a new tenant without income restrictions4 7i7 ,administrative expenses ,of any amounts made available for the program under this section for any fiscal year1 the ,secretary may use not more than #a1jjj1jjj for administrative expenses for carrying out such program4 7j7 ,authorization of appropriations ,there is authorized to be appropriated for the program under this section #bjj1jjj1jjj for each of fiscal years #bjbj through #bjbd4 4 #bbb4 ,eligibility for rural housing vouchers ,section #edb of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adijr7 is amended by adding at the end the following new subsection3 7c7 ,eligibility of households in sections #ead1 #eae1 and #eaf projects ,the ,secretary may provide rural housing vouchers under this section for any low-income household 7including those not receiving rental assistance7 residing1 for a term longer than the remaining term of their lease in effect just prior to prepayment1 in a property financed with a loan made or insured under section #ead or #eae 7#db ,u4,s4,c4 #adhd1 #adhe7 which has been prepaid without restrictions imposed by the ,secretary pursuant to section #ejb7;c77#e77;,g77ii77,i7 7#db ,u4,s4,c4 #adgb7;c77#e77;,g77ii77,i771 has been foreclosed1 or has matured after ,september #cj1 #bjje1 or residing in a property assisted under section #ead or #eaf that is owned by a nonprofit organization or public agency4 4 #bbc4 ,amount of voucher assistance ,notwithstanding any other provision of law1 in the case of any rural housing voucher provided pursuant to section #edb of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adijr71 the amount of the monthly assistance payment for the household on whose behalf such assistance is provided shall be determined as provided in subsection 7a7 of such section #edb4 #bbd4 ,rental assistance contract authority ,subsection 7d7 of section #eba of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adij;a7d77 is amended-- 7#a7 in paragraph 7#a71 by inserting after subparagraph 7,a7 the following new subparagraph 7and renumbering the remaining subparagraphs accordingly73 7,b7 upon request of an owner of a project financed under section #ead or #eae1 the ,secretary is authorized to enter into renewal of such agreements for a period of #bj years or the term of the loan1 whichever is shorter1 subject to amounts made available in appropriations ,acts2 2 and 7#b7 by adding at the end the following new paragraph3 7#c7 ,in the case of any rental assistance contract authority that becomes available because of the termination of assistance on behalf of an assisted family-- 7,a7 at the option of the owner of the rental project1 the ,secretary shall provide the owner a period of #f months before such assistance is made available pursuant to subparagraph 7,b7 during which the owner may use such assistance authority to provide assistance of behalf of an eligible unassisted family that-- 7i7 is residing in the same rental project that the assisted family resided in prior to such termination2 or 7ii7 newly occupies a dwelling unit in such rental project during such period2 and 7,b7 except for assistance used as provided in subparagraph 7,a71 the ,secretary shall use such remaining authority to provide such assistance on behalf of eligible families residing in other rental projects originally financed under section #eae or both sections #ead and #eaf of this ,act4 4 #bbe4 ,funding for multifamily technical improvements ,there is authorized to be appropriated to the ,secretary of ,agriculture #ej1jjj1jjj for fiscal year #bjbj for improving the technology of the ,department of ,agriculture used to process loans for multifamily housing and otherwise managing such housing4 ,such improvements shall be made within the #e-year period beginning upon the appropriation of such amounts and such amount shall remain available until the expiration of such #e-year period4 #bbf4 ,plan for preserving affordability of rental projects 7a7 ,plan ,the ,secretary of ,agriculture 7in this section referred to as the ,secretary7 shall submit a written plan to the ,congress1 not later than the expiration of the #f-month period beginning on the date of the enactment of this ,act1 for preserving the affordability for low-income families of rental projects for which loans were made under section #eae or made to nonprofit or public agencies under section #ead and avoiding the displacement of tenant households1 which shall-- 7#a7 set forth specific performance goals and measures2 7#b7 set forth the specific actions and mechanisms by which such goals will be achieved2 7#c7 set forth specific measurements by which progress towards achievement of each goal can be measured2 7#d7 provide for detailed reporting on outcomes2 and 7#e7 include any legislative recommendations to assist in achievement of the goals under the plan4 7b7 ,advisory committee 7#a7 ,establishment2 purpose ,the ,secretary shall establish an advisory committee whose purpose shall be to assist the ,secretary in preserving section #eae properties and section #ead properties owned by nonprofit or public agencies through the multifamily housing preservation and revitalization program under section #ede and in implementing the plan required under subsection 7a74 7#b7 ,member ,the advisory committee shall consist of #af members1 appointed by the ,secretary1 as follows3 7,a7 ,a ,state ,director of ,rural ,development for the ,department of ,agriculture4 7,b7 ,the ,administrator for ,rural ,housing ,service of the ,department of ,agriculture4 7,c7 ,two representatives of for-profit developers or owners of multifamily rural rental housing4 7,d7 ,two representatives of nonprofit developers or owners of multifamily rural rental housing4 7,e7 ,two representatives of ,state housing finance agencies4 7,f7 ,two representatives of tenants of multifamily rural rental housing4 7,g7 ,one representative of a community development financial institution that is involved in preserving the affordability of housing assisted under sections #ead1 #eae1 and #eaf of the ,housing ,act of #aidi4 7,h7 ,one representative of a nonprofit organization that operates nationally and has actively participated in the preservation of housing assisted by the ,rural ,housing ,service by conducting research regarding1 and providing financing and technical assistance for1 preserving the affordability of such housing4 7,i7 ,one representative of low-income housing tax credit investors4 7,j7 ,one representative of regulated financial institutions that finance affordable multifamily rural rental housing developments4 7,k7 ,two representatives from nonprofit organizations representing farmworkers1 including one organization representing farmworker women4 7#c7 ,meetings ,the advisory committee shall meet not less often than once each calendar quarter4 7#d7 ,functions ,in providing assistance to the ,secretary to carry out its purpose1 the advisory committee shall carry out the following functions3 7,a7 ,assisting the ,rural ,housing ,service of the ,department of ,agriculture to improve estimates of the size1 scope1 and condition of rental housing portfolio of the ,service1 including the time frames for maturity of mortgages and costs for preserving the portfolio as affordable housing4 7,b7 ,reviewing current policies and procedures of the ,rural ,housing ,service regarding preservation of affordable rental housing financed under sections #ead1 #eae1 #eaf1 and #ech of the ,housing ,act of #aidi1 the ,multifamily ,preservation and ,revitalization ,demonstration program 7,,mpr71 and the rental assistance program and making recommendations regarding improvements and modifications to such policies and procedures4 7,c7 ,providing ongoing review of ,rural ,housing ,service program results4 7,d7 ,providing reports to the ,congress and the public on meetings1 recommendations1 and other findings of the advisory committee4 7#e7 ,travel costs ,any amounts made available for administrative costs of the ,department of ,agriculture may be used for costs of travel by members of the advisory committee to meetings of the committee4 #bbg4 ,covered housing programs ,paragraph 7#c7 of section #dadaa7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abdia7;a77#c77 is amended-- 7#a7 in subparagraph 7,i71 by striking and at the end2 7#b7 by redesignating subparagraph 7,j7 as subparagraph 7,k72 and 7#c7 by inserting after subparagraph 7,i7 the following new subparagraph3 7,j7 rural development housing voucher assistance provided by the ,secretary of ,agriculture pursuant to section #edb of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adijr71 without regard to subsection 7b7 of such section1 and applicable appropriation ,acts2 and 4 #bbh4 ,new farmworker housing ,section #eac of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adhc7 is amended by adding at the end the following new subsection3 7f7 ,funding for farmworker housing 7#a7 ,section #ead farmworker housing loans 7,a7 ,insurance authority ,the ,secretary of ,agriculture may1 to the extent approved in appropriation ,acts1 insure loans under section #ead 7#db ,u4,s4,c4 #adhd7 during each of fiscal years #bjbj through #bjbi in an aggregate amount not to exceed #bjj1jjj1jjj4 7,b7 ,authorization of appropriations for costs ,there is authorized to be appropriated #ge1jjj1jjj for each of fiscal years #bjbj through #bjbi for costs 7as such term is defined in section #ejb of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #ffa;a77 of loans insured pursuant the authority under subparagraph 7,a74 7#b7 ,section #eaf grants for farmworker housing ,there is authorized to be appropriated #cj1jjj1jjj for each of fiscal years #bjbj through #bjbi for financial assistance under section #eaf 7#db ,u4,s4,c4 #adhf74 7#c7 ,section #eba housing assistance ,there is authorized to be appropriated #b1gjj1jjj1jjj for each of fiscal years #bjbj through #bjbi for rental assistance agreements entered into or renewed pursuant to section #eba7;a77#b7 7#db ,u4,s4,c4 #adij;a7a77#b77 or agreements entered into in lieu of debt forgiveness or payments for eligible households as authorized by section #ejb7;c77#e77;,d74 4 #bbi4 ,loan and grant limitations ,subsection 7j7 of section #ead of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adhd7;j77 shall be amended to read as follows3 7j7 ,per project limitations on assistance ,if the ,secretary1 in making available assistance in any area under this section or section #eaf 7#db ,u4,s4,c4 #adhf71 establishes a limitation on the amount of assistance available per project1 the limitation on a grant or loan award per project shall not be less than #e million4 4 #bcj4 ,operating assistance subsidies ,subsection 7a77#e7 of section #eba of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adij;a7a77#e77 is amended-- 7#a7 in subparagraph 7,a7 by inserting or domestic farm labor legally admitted to the ,united ,states and authorized to work in agriculture after migrant farmworkers2 7#b7 in subparagraph 7,b7-- 7,a7 by striking ,amount4--,in any fiscal year and inserting ,amount4-- 7i7 ,housing for migrant farmworkers ,in any fiscal year 2 7,b7 by inserting providing housing for migrant farmworkers after any project2 and 7,c7 by inserting at the end the following3 7ii7 ,housing for other farm labor ,in any fiscal year1 the assistance provided under this paragraph for any project providing housing for domestic farm labor legally admitted to the ,united ,states and authorized to work in agriculture shall not exceed an amount equal to #ej percent of the operating costs for the project for the year1 as determined by the ,secretary4 ,the owner of such project shall not qualify for operating assistance unless the ,secretary certifies that the project was unoccupied or underutilized before making units available to such farm labor1 and that a grant under this section will not displace any farm worker who is a ,united ,states worker4 2 and 7#c7 in subparagraph 7,d71 by adding at the end the following3 7iii7 ,the term domestic farm labor has the same meaning given such term in section #ead7;f77#c7 7#db ,u4,s4,c4 #adhd7;f77#c771 except that subparagraph 7,a7 of such section shall not apply for purposes this section4 4 #bca4 ,eligibility of certified workers ,subsection 7a7 of section #bad of the ,housing and ,community ,development ,act of #aihj 7#db ,u4,s4,c4 #adcf;a7 is amended-- 7#a7 in paragraph 7#f71 by striking or at the end2 7#b7 by redesignating paragraph 7#g7 as paragraph 7#h72 and 7#c7 by inserting after paragraph 7#f7 the following3 7#g7 an alien granted certified agricultural worker or certified agricultural dependent status under title ,i of the ,farm ,workforce ,modernization ,act of #bjai1 but solely for financial assistance made available pursuant to section #eba or #edb of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adij;a1 #adijr72 or 4 ,c ,foreign ,labor ,recruiter ,accountability #bea4 ,registration of foreign labor recruiters 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,labor1 in consultation with the ,secretary of ,state and the ,secretary of ,homeland ,security1 shall establish procedures for the electronic registration of foreign labor recruiters engaged in the recruitment of nonimmigrant workers described in section #aja7;a77#ae77;,h77ii77a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77a77 to perform agricultural labor or services in the ,united ,states4 7b7 ,procedural requirements ,the procedures described in subsection 7a7 shall-- 7#a7 require the applicant to submit a sworn declaration-- 7,a7 stating the applicant's permanent place of residence or principal place of business1 as applicable2 7,b7 describing the foreign labor recruiting activities in which the applicant is engaged2 and 7,c7 including such other relevant information as the ,secretary of ,labor and the ,secretary of ,state may require2 7#b7 include an expeditious means to update and renew registrations2 7#c7 include a process1 which shall include the placement of personnel at each ,united ,states diplomatic mission in accordance with subsection 7g77#b71 to receive information from the public regarding foreign labor recruiters who have allegedly engaged in a foreign labor recruiting activity that is prohibited under this subtitle2 7#d7 include procedures for the receipt and processing of complaints against foreign labor recruiters and for remedies1 including the revocation of a registration or the assessment of fines upon a determination by the ,secretary of ,labor that the foreign labor recruiter has violated the requirements of this subtitle2 7#e7 require the applicant to post a bond in an amount sufficient to ensure the ability of the applicant to discharge its responsibilities and ensure protection of workers1 including payment of wages2 and 7#f7 allow the ,secretary of ,labor and the ,secretary of ,state to consult with other appropriate ,federal agencies to determine whether any reason exists to deny registration to a foreign labor recruiter or revoke such registration4 7c7 ,attestations ,foreign labor recruiters registering under this subtitle shall attest and agree to abide by the following requirements3 7#a7 ,prohibited fees ,the foreign labor recruiter1 including any agent or employee of such foreign labor recruiter1 shall not assess any recruitment fees on a worker for any foreign labor recruiting activity4 7#b7 ,prohibition on false and misleading information ,the foreign labor recruiter shall not knowingly provide materially false or misleading information to any worker concerning any matter required to be disclosed under this subtitle4 7#c7 ,required disclosures ,the foreign labor recruiter shall ascertain and disclose to the worker in writing in ,english and in the primary language of the worker at the time of the worker's recruitment1 the following information3 7,a7 ,the identity and address of the employer and the identity and address of the person conducting the recruiting on behalf of the employer1 including each subcontractor or agent involved in such recruiting4 7,b7 ,a copy of the approved job order or work contract under section #bah of the ,immigration and ,nationality ,act1 including all assurances and terms and conditions of employment4 7,c7 ,a statement1 in a form specified by the ,secretary-- 7i7 describing the general terms and conditions associated with obtaining an ,h-#b;,a visa and maintaining ,h-#b;,a status2 7ii7 affirming the prohibition on the assessment of fees described in paragraph 7#a71 and explaining that such fees1 if paid by the employer1 may not be passed on to the worker2 7iii7 describing the protections afforded the worker under this subtitle1 including procedures for reporting violations to the ,secretary of ,state1 filing a complaint with the ,secretary of ,labor1 or filing a civil action2 and 7iv7 describing the protections afforded the worker by section #bjb of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #acge;b71 including the telephone number for the national human trafficking resource center hotline number4 7#d7 ,bond ,the foreign labor recruiter shall agree to post a bond sufficient to ensure the ability of the foreign labor recruiter to discharge its responsibilities and ensure protection of workers1 and to forfeit such bond in an amount determined by the ,secretary under subsections 7b77#a77;,c77ii7 or 7c77#b77;,c7 of section #beb for failure to comply with the provisions of this subtitle4 7#e7 ,cooperation in investigation ,the foreign labor recruiter shall agree to cooperate in any investigation under section #beb of this subtitle by the ,secretary or other appropriate authorities4 7#f7 ,no retaliation ,the foreign labor recruiter shall agree to refrain from intimidating1 threatening1 restraining1 coercing1 discharging1 blacklisting or in any other manner discriminating or retaliating against any worker or their family members 7including a former worker or an applicant for employment7 because such worker disclosed information to any person based on a reason to believe that the foreign labor recruiter1 or any agent or subcontractee of such foreign labor recruiter1 is engaging or has engaged in a foreign labor recruiting activity that does not comply with this subtitle4 7#g7 ,employees1 agents1 and subcontractees ,the foreign labor recruiter shall consent to be liable for the conduct of any agents or subcontractees of any level in relation to the foreign labor recruiting activity of the agent or subcontractee to the same extent as if the foreign labor recruiter had engaged in such conduct4 7#h7 ,enforcement ,if the foreign labor recruiter is conducting foreign labor recruiting activity wholly outside the ,united ,states1 such foreign labor recruiter shall establish a registered agent in the ,united ,states who is authorized to accept service of process on behalf of the foreign labor recruiter for the purpose of any administrative proceeding under this title or any ,federal court civil action1 if such service is made in accordance with the appropriate ,federal rules for service of process4 7d7 ,term of registration ,unless suspended or revoked1 a registration under this section shall be valid for #b years4 7e7 ,application fee ,the ,secretary shall require a foreign labor recruiter that submits an application for registration under this section to pay a reasonable fee1 sufficient to cover the full costs of carrying out the registration activities under this subtitle4 7f7 ,notification 7#a7 ,employer notification 7,a7 ,in general ,not less frequently than once every year1 an employer of ,h-#b;,a workers shall provide the ,secretary with the names and addresses of all foreign labor recruiters engaged to perform foreign labor recruiting activity on behalf of the employer1 whether the foreign labor recruiter is to receive any economic compensation for such services1 and1 if so1 the identity of the person or entity who is paying for the services4 7,b7 ,agreement to cooperate ,in addition to the requirements of subparagraph 7,a71 the employer shall-- 7i7 provide to the ,secretary the identity of any foreign labor recruiter whom the employer has reason to believe is engaging in foreign labor recruiting activities that do not comply with this subtitle2 and 7ii7 promptly respond to any request by the ,secretary for information regarding the identity of a foreign labor recruiter with whom the employer has a contract or other agreement4 7#b7 ,foreign labor recruiter notification ,a registered foreign labor recruiter shall notify the ,secretary1 not less frequently than once every year1 of the identity of any subcontractee1 agent1 or foreign labor recruiter employee involved in any foreign labor recruiting activity for1 or on behalf of1 the foreign labor recruiter4 7g7 ,additional responsibilities of the ,secretary of ,state 7#a7 ,lists ,the ,secretary of ,state1 in consultation with the ,secretary of ,labor shall maintain and make publicly available in written form and on the websites of ,united ,states embassies in the official language of that country1 and on websites maintained by the ,secretary of ,labor1 regularly updated lists-- 7,a7 of foreign labor recruiters who hold valid registrations under this section1 including-- 7i7 the name and address of the foreign labor recruiter2 7ii7 the countries in which such recruiters conduct recruitment2 7iii7 the employers for whom recruiting is conducted2 7iv7 the occupations that are the subject of recruitment2 7v7 the ,states where recruited workers are employed2 and 7vi7 the name and address of the registered agent in the ,united ,states who is authorized to accept service of process on behalf of the foreign labor recruiter2 and 7,b7 of foreign labor recruiters whose registration the ,secretary has revoked4 7#b7 ,personnel ,the ,secretary of ,state shall ensure that each ,united ,states diplomatic mission is staffed with a person who shall be responsible for receiving information from members of the public regarding potential violations of the requirements applicable to registered foreign labor recruiters and ensuring that such information is conveyed to the ,secretary of ,labor for evaluation and initiation of an enforcement action1 if appropriate4 7#c7 ,visa application procedures ,the ,secretary shall ensure that consular officers issuing visas to nonimmigrants under section #aja7;a77#a77;,h77ii77a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aajja7;a77#a77;,h77ii77a77-- 7,a7 provide to and review with the applicant1 in the applicant's language 7or a language the applicant understands71 a copy of the information and resources pamphlet required by section #bjb of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #acge;b72 7,b7 ensure that the applicant has a copy of the approved job offer or work contract2 7,c7 note in the visa application file whether the foreign labor recruiter has a valid registration under this section2 and 7,d7 if the foreign labor recruiter holds a valid registration1 review and include in the visa application file1 the foreign labor recruiter's disclosures required by subsection 7c77#c74 7#d7 ,data ,the ,secretary of ,state shall make publicly available online1 on an annual basis1 data disclosing the gender1 country of origin 7and ,state1 county1 or province1 if available71 age1 wage1 level of training1 and occupational classification1 disaggregated by ,state1 of nonimmigrant workers described in section #aja7;a77#ae77;,h77ii77a7 of the ,immigration and ,nationality ,act4 #beb4 ,enforcement 7a7 ,denial or revocation of registration 7#a7 ,grounds for denial or revocation ,the ,secretary shall deny an application for registration1 or revoke a registration1 if the ,secretary determines that the foreign labor recruiter1 or any agent or subcontractee of such foreign labor recruiter-- 7,a7 knowingly made a material misrepresentation in the registration application2 7,b7 materially failed to comply with one or more of the attestations provided under section #bea7;c72 or 7,c7 is not the real party in interest4 7#b7 ,notice ,prior to denying an application for registration or revoking a registration under this subsection1 the ,secretary shall provide written notice of the intent to deny or revoke the registration to the foreign labor recruiter4 ,such notice shall-- 7,a7 articulate with specificity all grounds for denial or revocation2 and 7,b7 provide the foreign labor recruiter with not less than #fj days to respond4 7#c7 ,re-registration ,a foreign labor recruiter whose registration was revoked under subsection 7a7 may re-register if the foreign labor recruiter demonstrates to the ,secretary's satisfaction that the foreign labor recruiter has not violated this subtitle in the #e years preceding the date an application for registration is filed and has taken sufficient steps to prevent future violations of this subtitle4 7b7 ,administrative enforcement 7#a7 ,complaint process 7,a7 ,filing ,a complaint may be filed with the ,secretary of ,labor1 in accordance with the procedures established under section #bea7;b77#d7 not later than #b years after the earlier of-- 7i7 the date of the last action which constituted the conduct that is the subject of the complaint took place2 or 7ii7 the date on which the aggrieved party had actual knowledge of such conduct4 7,b7 ,decision and penalties ,if the ,secretary of ,labor finds1 after notice and an opportunity for a hearing1 that a foreign labor recruiter failed to comply with any of the requirements of this subtitle1 the ,secretary of ,labor may-- 7i7 levy a fine against the foreign labor recruiter in an amount not more than-- 7,i7 #aj1jjj per violation2 and 7,,ii7 #be1jjj per violation1 upon the third violation2 7ii7 order the forfeiture of bond and release of as much of the bond as the ,secretary determines is necessary for the worker to recover prohibited recruitment fees2 7iii7 refuse to issue or renew a registration1 or revoke a registration2 or 7iv7 disqualify the foreign labor recruiter from registration for a period of up to #e years1 or in the case of a subsequent finding involving willful or multiple material violations1 permanently disqualify the foreign labor recruiter from registration4 7#b7 ,authority to ensure compliance ,the ,secretary of ,labor is authorized to take other such actions1 including issuing subpoenas and seeking appropriate injunctive relief1 as may be necessary to assure compliance with the terms and conditions of this subtitle4 7#c7 ,statutory construction ,nothing in this subsection may be construed as limiting the authority of the ,secretary of ,labor to conduct an investigation-- 7,a7 under any other law1 including any law affecting migrant and seasonal agricultural workers2 or 7,b7 in the absence of a complaint4 7c7 ,civil action 7#a7 ,in general ,the ,secretary of ,labor or any person aggrieved by a violation of this subtitle may bring a civil action against any foreign labor recruiter1 or any employer that does not meet the requirements under subsection 7d77#a71 in any court of competent jurisdiction-- 7,a7 to seek remedial action1 including injunctive relief2 and 7,b7 for damages in accordance with the provisions of this subsection4 7#b7 ,award for civil action filed by an individual 7,a7 ,in general ,if the court finds in a civil action filed by an individual under this section that the defendant has violated any provision of this subtitle1 the court may award-- 7i7 damages1 up to and including an amount equal to the amount of actual damages1 and statutory damages of up to #a1jjj per plaintiff per violation1 or other equitable relief1 except that with respect to statutory damages-- 7,i7 multiple infractions of a single provision of this subtitle 7or of a regulation under this subtitle7 shall constitute only #a violation for purposes of this subsection to determine the amount of statutory damages due a plaintiff2 and 7,,ii7 if such complaint is certified as a class action the court may award-- 7aa7 damages up to an amount equal to the amount of actual damages2 and 7bb7 statutory damages of not more than the lesser of up to #a1jjj per class member per violation1 or up to #ejj1jjj2 and other equitable relief2 7ii7 reasonable attorneys' fees and costs2 and 7iii7 such other and further relief as necessary to effectuate the purposes of this subtitle4 7,b7 ,criteria ,in determining the amount of statutory damages to be awarded under subparagraph 7,a71 the court is authorized to consider whether an attempt was made to resolve the issues in dispute before the resort to litigation4 7,c7 ,bond ,to satisfy the damages1 fees1 and costs found owing under this paragraph1 the ,secretary shall release as much of the bond held pursuant to section #bea7;c77#d7 as necessary4 7#c7 ,sums recovered in actions by the secretary of labor 7,a7 ,establishment of account ,there is established in the general fund of the ,treasury a separate account1 which shall be known as the ,h-#b;,a ,foreign ,labor ,recruiter ,compensation ,account4 ,notwithstanding any other provisions of law1 there shall be deposited as offsetting receipts into the account1 all sums recovered in an action by the ,secretary of ,labor under this subsection4 7,b7 ,use of funds ,amounts deposited into the ,h-#b;,a ,foreign ,labor ,recruiter ,compensation ,account and shall be paid directly to each worker affected4 ,any such sums not paid to a worker because of inability to do so within a period of #e years following the date such funds are deposited into the account shall remain available to the ,secretary until expended4 ,the ,secretary may transfer all or a portion of such remaining sums to appropriate agencies to support the enforcement of the laws prohibiting the trafficking and exploitation of persons or programs that aid trafficking victims4 7d7 ,employer safe harbor 7#a7 ,in general ,an employer that hires workers referred by a foreign labor recruiter with a valid registration at the time of hiring shall not be held jointly liable for a violation committed solely by a foreign labor recruiter under this subtitle-- 7,a7 in any administrative action initiated by the ,secretary concerning such violation2 or 7,b7 in any ,federal or ,state civil court action filed against the foreign labor recruiter by or on behalf of such workers or other aggrieved party under this subtitle4 7#b7 ,clarification ,nothing in this subtitle shall be construed to prohibit an aggrieved party or parties from bringing a civil action for violations of this subtitle or any other ,federal or ,state law against any employer who hired workers referred by a foreign labor recruiter-- 7,a7 without a valid registration at the time of hire2 or 7,b7 with a valid registration if the employer knew or learned of the violation and failed to report such violation to the ,secretary4 7e7 ,parole ,to pursue relief ,if other immigration relief is not available1 the ,secretary of ,homeland ,security may grant parole to permit an individual to remain legally in the ,united ,states for time sufficient to fully and effectively participate in all legal proceedings related to any action taken pursuant to subsection 7b7 or 7c74 7f7 ,waiver of rights ,agreements by employees purporting to waive or to modify their rights under this subtitle shall be void as contrary to public policy4 7g7 ,liability for agents ,foreign labor recruiters shall be subject to the provisions of this section for violations committed by the foreign labor recruiter's agents or subcontractees of any level in relation to their foreign labor recruiting activity to the same extent as if the foreign labor recruiter had committed the violation4 #bec4 ,appropriations ,there is authorized to be appropriated such sums as may be necessary for the ,secretary of ,labor and ,secretary of ,state to carry out the provisions of this subtitle4 #bed4 ,definitions ,for purposes of this subtitle3 7#a7 ,foreign labor recruiter ,the term foreign labor recruiter means any person who performs foreign labor recruiting activity in exchange for money or other valuable consideration paid or promised to be paid1 to recruit individuals to work as nonimmigrant workers described in section #aja7;a77#ae77;,h77ii77a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77a771 including any person who performs foreign labor recruiting activity wholly outside of the ,united ,states4 ,such term does not include any entity of the ,united ,states ,government or an employer1 or employee of an employer1 who engages in foreign labor recruiting activity solely to find employees for that employer's own use1 and without the participation of any other foreign labor recruiter4 7#b7 ,foreign labor recruiting activity ,the term foreign labor recruiting activity means recruiting1 soliciting1 or related activities with respect to an individual who resides outside of the ,united ,states in furtherance of employment in the ,united ,states1 including when such activity occurs wholly outside of the ,united ,states4 7#c7 ,recruitment fees ,the term recruitment fees has the meaning given to such term under section #bb4agjb of title #bb of the ,code of ,federal ,regulations1 as in effect on the date of enactment of this ,act4 7#d7 ,person ,the term person means any natural person or any corporation1 company1 firm1 partnership1 joint stock company or association or other organization or entity 7whether organized under law or not71 including municipal corporations4 ,,iii ,electronic ,verification of ,employment ,eligibility #cja4 ,electronic employment eligibility verification system 7a7 ,in general ,chapter #h of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acba et seq47 is amended by inserting after section #bgd;,d the following3 #bgd;,e4 ,requirements for the electronic verification of employment eligibility 7a7 ,employment eligibility verification system 7#a7 ,in general ,the ,secretary of ,homeland ,security 7referred to in this section as the ,secretary7 shall establish and administer an electronic verification system 7referred to in this section as the ,system71 patterned on 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 7as in effect on the day before the effective date described in section #cjc7;a77#d7 of the ,farm ,workforce ,modernization ,act of #bjai71 and using the employment eligibility confirmation system established under section #djd of such ,act 7#h ,u4,s4,c4 #acbd;a note7 7as so in effect7 as a foundation1 through which the ,secretary shall-- 7,a7 respond to inquiries made by persons or entities seeking to verify the identify and employment authorization of individuals that such persons or entities seek to hire1 or to recruit or refer for a fee1 for employment in the ,united ,states2 and 7,b7 maintain records of the inquiries that were made1 and of verifications provided 7or not provided7 to such persons or entities as evidence of compliance with the requirements of this section4 7#b7 ,initial response deadline ,the ,system shall provide confirmation or a tentative nonconfirmation of an individual's identity and employment authorization as soon as practicable1 but not later than #c calendar days after the initial inquiry4 7#c7 ,general design and operation of system ,the ,secretary shall design and operate the ,system-- 7,a7 using responsive web design and other technologies to maximize its ease of use and accessibility for users on a variety of electronic devices and screen sizes1 and in remote locations2 7,b7 to maximize the accuracy of responses to inquiries submitted by persons or entities2 7,c7 to maximize the reliability of the ,system and to register each instance when the ,system is unable to receive inquiries2 7,d7 to protect the privacy and security of the personally identifiable information maintained by or submitted to the ,system2 7,e7 to provide direct notification of an inquiry to an individual with respect to whom the inquiry is made1 including the results of such inquiry1 and information related to the process for challenging the results2 and 7,f7 to maintain appropriate administrative1 technical1 and physical safeguards to prevent misuse of the ,system and unfair immigration-related employment practices4 7#d7 ,measures to prevent identity theft and other forms of fraud ,to prevent identity theft and other forms of fraud1 the ,secretary shall design and operate the ,system with the following attributes3 7,a7 ,photo matching tool ,the ,system shall display the digital photograph of the individual1 if any1 that corresponds to the document presented by an individual to establish identity and employment authorization so that the person or entity that makes an inquiry can compare the photograph displayed by the ,system to the photograph on the document presented by the individual4 7,b7 ,individual monitoring and suspension of identifying information ,the ,system shall enable individuals to establish user accounts1 after authentication of an individual's identity1 that would allow an individual to-- 7i7 confirm the individual's own employment authorization2 7ii7 receive electronic notification when the individual's social security account number or other personally identifying information has been submitted to the ,system2 7iii7 monitor the use history of the individual's personally identifying information in the ,system1 including the identities of all persons or entities that have submitted such identifying information to the ,system1 the date of each query run1 and the ,system response for each query run2 7iv7 suspend or limit the use of the individual's social security account number or other personally identifying information for purposes of the ,system2 and 7v7 provide notice to the ,department of ,homeland ,security of any suspected identity fraud or other improper use of personally identifying information4 7,c7 ,blocking misused ,social ,security account numbers 7i7 ,in general ,the ,secretary1 in consultation with the ,commissioner of ,social ,security 7referred to in this section as the ,commissioner71 shall develop1 after publication in the ,federal ,register and an opportunity for public comment1 a process in which social security account numbers that have been identified to be subject to unusual multiple use in the ,system or that are otherwise suspected or determined to have been compromised by identity fraud or other misuse1 shall be blocked from use in the ,system unless the individual using such number is able to establish1 through secure and fair procedures1 that the individual is the legitimate holder of the number4 7ii7 ,notice ,if the ,secretary blocks or suspends a social security account number under this subparagraph1 the ,secretary shall provide notice to the persons or entities that have made inquiries to the ,system using such account number that the identity and employment authorization of the individual who provided such account number must be re-verified4 7,d7 ,additional identity authentication tool ,the ,secretary shall develop1 after publication in the ,federal ,register and an opportunity for public comment1 additional security measures to adequately verify the identity of an individual whose identity may not be verified using the photo tool described in subparagraph 7,a74 ,such additional security measures-- 7i7 shall be kept up-to-date with technological advances2 and 7ii7 shall be designed to provide a high level of certainty with respect to identity authentication4 7,e7 ,child-lock pilot program ,the ,secretary1 in consultation with the ,commissioner1 shall establish a reliable1 secure program through which parents or legal guardians may suspend or limit the use of the social security account number or other personally identifying information of a minor under their care for purposes of the ,system4 ,the ,secretary may implement the program on a limited pilot basis before making it fully available to all individuals4 7#e7 ,responsibilities of the ,commissioner of ,social ,security ,the ,commissioner1 in consultation with the ,secretary1 shall establish a reliable1 secure method1 which1 within the time periods specified in paragraph 7#b7 and subsection 7b77#d77;,d77i77,,ii71 compares the name and social security account number provided in an inquiry against such information maintained by the ,commissioner in order to validate 7or not validate7 the information provided by the person or entity with respect to an individual whose identity and employment authorization the person or entity seeks to confirm1 the correspondence of the name and number1 and whether the individual has presented a social security account number that is not valid for employment4 ,the ,commissioner shall not disclose or release social security information 7other than such confirmation or nonconfirmation7 under the ,system except as provided under this section or section #bje7;c77#b77;,i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje74 7#f7 ,responsibilities of the ,secretary of ,homeland ,security 7,a7 ,in general ,the ,secretary of ,homeland ,security shall establish a reliable1 secure method1 which1 within the time periods specified in paragraph 7#b7 and subsection 7b77#d77;,d77i77,,ii71 compares the name and identification or other authorization number 7or any other information determined relevant by the ,secretary7 which are provided in an inquiry against such information maintained or accessed by the ,secretary in order to validate 7or not validate7 the information provided1 the correspondence of the name and number1 and whether the individual is authorized to be employed in the ,united ,states4 7,b7 ,training ,the ,secretary shall provide and regularly update training materials on the use of the ,system for persons and entities making inquiries4 7,c7 ,audit ,the ,secretary shall provide for periodic auditing of the ,system to detect and prevent misuse1 discrimination1 fraud1 and identity theft1 to protect privacy and assess ,system accuracy1 and to preserve the integrity and security of the information in the ,system4 7,d7 ,notice of ,system changes ,the ,secretary shall provide appropriate notification to persons and entities registered in the ,system of any change made by the ,secretary or the ,commissioner related to permitted and prohibited documents1 and use of the ,system4 7#g7 ,responsibilities of the ,secretary of ,state ,as part of the ,system1 the ,secretary of ,state shall provide to the ,secretary of ,homeland ,security access to passport and visa information as needed to confirm that a passport or passport card presented under subsection 7b77#c77;,a77i7 confirms the employment authorization and identity of the individual presenting such document1 and that a passport1 passport card1 or visa photograph matches the ,secretary of ,state's records1 and shall provide such assistance as the ,secretary of ,homeland ,security may request in order to resolve tentative nonconfirmations or final nonconfirmations relating to such information4 7#h7 ,updating information ,the ,commissioner1 the ,secretary of ,homeland ,security1 and the ,secretary of ,state shall update records in their custody in a manner that promotes maximum accuracy of the ,system and shall provide a process for the prompt correction of erroneous information1 including instances in which it is brought to their attention through the secondary verification process under subsection 7b77#d77;,d74 7#i7 ,mandatory and voluntary ,system uses 7,a7 ,mandatory users ,except as otherwise provided under ,federal or ,state law1 such as sections #cjb and #cjc of the ,farm ,workforce ,modernization ,act of #bjai1 nothing in this section shall be construed as requiring the use of the ,system by any person or entity hiring1 recruiting1 or referring for a fee1 an individual for employment in the ,united ,states4 7,b7 ,voluntary users ,beginning after the date that is #cj days after the date on which final rules are published under section #cji7;a7 of the ,farm ,workforce ,modernization ,act of #bjai1 a person or entity may use the ,system on a voluntary basis to seek verification of the identity and employment authorization of individuals the person or entity is hiring1 recruiting1 or referring for a fee for employment in the ,united ,states4 7,c7 ,process for non-users ,the employment verification process for any person or entity hiring1 recruiting1 or referring for a fee1 an individual for employment in the ,united ,states shall be governed by section #bgd;,a7b7 unless the person or entity-- 7i7 is required by ,federal or ,state law to use the ,system2 or 7ii7 has opted to use the ,system voluntarily in accordance with subparagraph 7,b74 7#aj7 ,no fee for use ,the ,secretary may not charge a fee to an individual1 person1 or entity related to the use of the ,system4 7b7 ,new hires1 recruitment1 and referral ,notwithstanding section #bgd;,a7b71 the requirements referred to in paragraphs 7#a77;,b7 and 7#c7 of section #bgd;,a7a7 are1 in the case of a person or entity that uses the ,system for the hiring1 recruiting1 or referring for a fee1 an individual for employment in the ,united ,states1 the following3 7#a7 ,individual attestation of employment authorization ,during the period beginning on the date on which an offer of employment is accepted and ending on the date of hire1 the individual shall attest1 under penalty of perjury on a form designated by the ,secretary1 that the individual is authorized to be employed in the ,united ,states by providing on such form-- 7,a7 the individual's name and date of birth2 7,b7 the individual's social security account number 7unless the individual has applied for and not yet been issued such a number72 7,c7 whether the individual is-- 7i7 a citizen or national of the ,united ,states2 7ii7 an alien lawfully admitted for permanent residence2 or 7iii7 an alien who is otherwise authorized by the ,secretary to be hired1 recruited1 or referred for employment in the ,united ,states2 and 7,d7 if the individual does not attest to ,united ,states citizenship or nationality1 such identification or other authorization number established by the ,department of ,homeland ,security for the alien as the ,secretary may specify4 7#b7 ,employer attestation after examination of documents 7,a7 ,attestation ,not later than #c business days after the date of hire1 the person or entity shall attest1 under penalty of perjury on the form designated by the ,secretary for purposes of paragraph 7#a71 that it has verified that the individual is not an unauthorized alien by-- 7i7 obtaining from the individual the information described in paragraph 7#a7 and recording such information on the form2 7ii7 examining-- 7,i7 a document described in paragraph 7#c77;,a72 or 7,,ii7 a document described in paragraph 7#c77;,b7 and a document described in paragraph 7#c77;,c72 and 7iii7 attesting that the information recorded on the form is consistent with the documents examined4 7#c7 ,acceptable documents 7,a7 ,documents establishing employment authorization and identity ,a document described in this subparagraph is an individual's-- 7i7 ,united ,states passport or passport card2 7ii7 permanent resident card that contains a photograph2 7iii7 foreign passport containing temporary evidence of lawful permanent residence in the form of an official ,i-#eea 7or successor7 stamp from the ,department of ,homeland ,security or a printed notation on a machine-readable immigrant visa2 7iv7 unexpired employment authorization card that contains a photograph2 7v7 in the case of a nonimmigrant alien authorized to engage in employment for a specific employer incident to status1 a foreign passport with ,form ,i-#id1 ,form ,i-#id;,a1 or other documentation as designated by the ,secretary specifying the alien's nonimmigrant status as long as such status has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified in the documentation2 7vi7 passport from the ,federated ,states of ,micronesia or the ,republic of the ,marshall ,islands with ,form ,i-#id1 ,form ,i-#id;,a1 or other documentation as designated by the ,secretary1 indicating nonimmigrant admission under the ,compact of ,free ,association ,between the ,united ,states and the ,federated ,states of ,micronesia or the ,republic of the ,marshall ,islands2 or 7vii7 other document designated by the ,secretary1 by notice published in the ,federal ,register1 if the document-- 7,i7 contains a photograph of the individual1 biometric identification data1 and other personal identifying information relating to the individual2 7,,ii7 is evidence of authorization for employment in the ,united ,states2 and 7,,iii7 contains security features to make it resistant to tampering1 counterfeiting1 and fraudulent use4 7,b7 ,documents establishing employment authorization ,a document described in this subparagraph is-- 7i7 an individual's social security account number card 7other than such a card which specifies on the face that the issuance of the card does not authorize employment in the ,united ,states72 or 7ii7 a document establishing employment authorization that the ,secretary determines1 by notice published in the ,federal ,register1 to be acceptable for purposes of this subparagraph1 provided that such documentation contains security features to make it resistant to tampering1 counterfeiting1 and fraudulent use4 7,c7 ,documents establishing identity ,a document described in this subparagraph is-- 7i7 an individual's driver's license or identification card if it was issued by a ,state or one of the outlying possessions of the ,united ,states and contains a photograph and personal identifying information relating to the individual2 7ii7 an individual's unexpired ,united ,states military identification card2 7iii7 an individual's unexpired ,native ,american tribal identification document issued by a tribal entity recognized by the ,bureau of ,indian ,affairs2 7iv7 in the case of an individual under #ah years of age1 a parent or legal guardian's attestation under penalty of law as to the identity and age of the individual2 or 7v7 a document establishing identity that the ,secretary determines1 by notice published in the ,federal ,register1 to be acceptable for purposes of this subparagraph1 if such documentation contains a photograph of the individual1 biometric identification data1 and other personal identifying information relating to the individual1 and security features to make it resistant to tampering1 counterfeiting1 and fraudulent use4 7,d7 ,authority to prohibit use of certain documents ,if the ,secretary finds that any document or class of documents described in subparagraph 7,a71 7,b71 or 7,c7 does not reliably establish identity or employment authorization or is being used fraudulently to an unacceptable degree1 the ,secretary may1 by notice published in the ,federal ,register1 prohibit or place conditions on the use of such document or class of documents for purposes of this section4 7#d7 ,use of the ,system to screen identity and employment authorization 7,a7 ,in general ,in the case of a person or entity that uses the ,system for the hiring1 recruiting1 or referring for a fee an individual for employment in the ,united ,states1 during the period described in subparagraph 7,b71 the person or entity shall submit an inquiry through the ,system described in subsection 7a7 to seek verification of the identity and employment authorization of the individual4 7,b7 ,verification period 7i7 ,in general ,except as provided in clause 7ii71 and subject to subsection 7d71 the verification period shall begin on the date of hire and end on the date that is #c business days after the date of hire1 or such other reasonable period as the ,secretary may prescribe4 7ii7 ,special rule ,in the case of an alien who is authorized to be employed in the ,united ,states and who provides evidence from the ,social ,security ,administration that the alien has applied for a social security account number1 the verification period shall end #c business days after the alien receives the social security account number4 7,c7 ,confirmation ,if a person or entity receives confirmation of an individual's identity and employment authorization1 the person or entity shall record such confirmation on the form designated by the ,secretary for purposes of paragraph 7#a74 7,d7 ,tentative nonconfirmation 7i7 ,in general ,in cases of tentative nonconfirmation1 the ,secretary shall provide1 in consultation with the ,commissioner1 a process for-- 7,i7 an individual to contest the tentative nonconfirmation not later than #aj business days after the date of the receipt of the notice described in clause 7ii72 and 7,,ii7 the ,secretary to issue a confirmation or final nonconfirmation of an individual's identity and employment authorization not later than #cj calendar days after the ,secretary receives notice from the individual contesting a tentative nonconfirmation4 7ii7 ,notice ,if a person or entity receives a tentative nonconfirmation of an individual's identity or employment authorization1 the person or entity shall1 not later than #c business days after receipt1 notify such individual in writing in a language understood by the individual and on a form designated by the ,secretary1 that shall include a description of the individual's right to contest the tentative nonconfirmation4 ,the person or entity shall attest1 under penalty of perjury1 that the person or entity provided 7or attempted to provide7 such notice to the individual1 and the individual shall acknowledge receipt of such notice in a manner specified by the ,secretary4 7iii7 ,no contest 7,i7 ,in general ,a tentative nonconfirmation shall become final if1 upon receiving the notice described in clause 7ii71 the individual-- 7aa7 refuses to acknowledge receipt of such notice2 7bb7 acknowledges in writing1 in a manner specified by the ,secretary1 that the individual will not contest the tentative nonconfirmation2 or 7cc7 fails to contest the tentative nonconfirmation within the #aj-;business-day period beginning on the date the individual received such notice4 7,,ii7 ,record of no contest ,the person or entity shall indicate in the ,system that the individual did not contest the tentative nonconfirmation and shall specify the reason the tentative nonconfirmation became final under subclause 7,i74 7,,iii7 ,effect of failure to contest ,an individual's failure to contest a tentative nonconfirmation shall not be considered an admission of any fact with respect to any violation of this ,act or any other provision of law4 7iv7 ,contest 7,i7 ,in general ,an individual may contest a tentative nonconfirmation by using the process for secondary verification under clause 7i71 not later than #aj business days after receiving the notice described in clause 7ii74 ,except as provided in clause 7iii71 the nonconfirmation shall remain tentative until a confirmation or final nonconfirmation is provided by the ,system4 7,,ii7 ,prohibition on termination ,in no case shall a person or entity terminate employment or take any adverse employment action against an individual for failure to obtain confirmation of the individual's identity and employment authorization until the person or entity receives a notice of final nonconfirmation from the ,system4 ,nothing in this subclause shall prohibit an employer from terminating the employment of the individual for any other lawful reason4 7,,iii7 ,confirmation or final nonconfirmation ,the ,secretary1 in consultation with the ,commissioner1 shall issue notice of a confirmation or final nonconfirmation of the individual's identity and employment authorization not later than #cj calendar days after the date the ,secretary receives notice from the individual contesting the tentative nonconfirmation4 7,e7 ,final nonconfirmation 7i7 ,notice ,if a person or entity receives a final nonconfirmation of an individual's identity or employment authorization1 the person or entity shall1 not later than #c business days after receipt1 notify such individual of the final nonconfirmation in writing1 on a form designated by the ,secretary1 which shall include information regarding the individual's right to appeal the final nonconfirmation as provided under subparagraph 7,f74 ,the person or entity shall attest1 under penalty of perjury1 that the person or entity provided 7or attempted to provide7 the notice to the individual1 and the individual shall acknowledge receipt of such notice in a manner designated by the ,secretary4 7ii7 ,termination or notification of continued employment ,if a person or entity receives a final nonconfirmation regarding an individual1 the person or entity may terminate employment of the individual4 ,if the person or entity does not terminate such employment pending appeal of the final nonconfirmation1 the person or entity shall notify the ,secretary of such fact through the ,system4 ,failure to notify the ,secretary in accordance with this clause shall be deemed a violation of section #bgd;,a7a77#a77;,a74 7iii7 ,presumption of violation for continued employment ,if a person or entity continues to employ an individual after receipt of a final nonconfirmation1 there shall be a rebuttable presumption that the person or entity has violated paragraphs 7#a77;,a7 and 7a77#b7 of section #bgd;,a7a74 7,f7 ,appeal of final nonconfirmation 7i7 ,administrative appeal ,the ,secretary1 in consultation with the ,commissioner1 shall develop a process by which an individual may seek administrative review of a final nonconfirmation4 ,such process shall-- 7,i7 permit the individual to submit additional evidence establishing identity or employment authorization2 7,,ii7 ensure prompt resolution of an appeal 7but in no event shall there be a failure to respond to an appeal within #cj days72 and 7,,iii7 permit the ,secretary to impose a civil money penalty 7not to exceed #ejj7 on an individual upon finding that an appeal was frivolous or filed for purposes of delay4 7ii7 ,compensation for lost wages resulting from government error or omission 7,i7 ,in general ,if1 upon consideration of an appeal of a final nonconfirmation1 the ,secretary determines that the final nonconfirmation was issued in error1 the ,secretary shall further determine whether the final nonconfirmation was the result of government error or omission4 ,if the ,secretary determines that the final nonconfirmation was solely the result of government error or omission and the individual was terminated from employment1 the ,secretary shall compensate the individual for lost wages4 7,,ii7 ,calculation of lost wages ,lost wages shall be calculated based on the wage rate and work schedule that were in effect prior to the individual's termination4 ,the individual shall be compensated for lost wages beginning on the first scheduled work day after employment was terminated and ending #ij days after completion of the administrative review process described in this subparagraph or the day the individual is reinstated or obtains other employment1 whichever occurs first4 7,,iii7 ,limitation on compensation ,no compensation for lost wages shall be awarded for any period during which the individual was not authorized for employment in the ,united ,states4 7,,iv7 ,source of funds ,there is established in the general fund of the ,treasury1 a separate account which shall be known as the ,electronic ,verification ,compensation ,account4 ,fees collected under subsections 7f7 and 7g7 shall be deposited in the ,electronic ,verification ,compensation ,account and shall remain available for purposes of providing compensation for lost wages under this subclause4 7iii7 ,judicial review ,not later than #cj days after the dismissal of an appeal under this subparagraph1 an individual may seek judicial review of such dismissal in the ,united ,states ,district ,court in the jurisdiction in which the employer resides or conducts business4 7#e7 ,retention of verification records 7,a7 ,in general ,after completing the form designated by the ,secretary in accordance with paragraphs 7#a7 and 7#b71 the person or entity shall retain the form in paper1 microfiche1 microfilm1 electronic1 or other format deemed acceptable by the ,secretary1 and make it available for inspection by officers of the ,department of ,homeland ,security1 the ,department of ,justice1 or the ,department of ,labor during the period beginning on the date the verification is completed and ending on the later of-- 7i7 the date that is #c years after the date of hire2 or 7ii7 the date that is #a year after the date on which the individual's employment is terminated4 7,b7 ,copying of documentation permitted ,notwithstanding any other provision of law1 a person or entity may copy a document presented by an individual pursuant to this section and may retain the copy1 but only for the purpose of complying with the requirements of this section4 7c7 ,reverification of previously hired individuals 7#a7 ,mandatory reverification ,in the case of a person or entity that uses the ,system for the hiring1 recruiting1 or referring for a fee an individual for employment in the ,united ,states1 the person or entity shall submit an inquiry using the ,system to verify the identity and employment authorization of-- 7,a7 an individual with a limited period of employment authorization1 within #c business days before the date on which such employment authorization expires2 and 7,b7 an individual1 not later than #aj days after receiving a notification from the ,secretary requiring the verification of such individual pursuant to subsection 7a77#d77;,c74 7#b7 ,reverification procedures ,the verification procedures under subsection 7b7 shall apply to reverifications under this subsection1 except that employers shall-- 7,a7 use a form designated by the ,secretary for purposes of this paragraph2 and 7,b7 retain the form in paper1 microfiche1 microfilm1 electronic1 or other format deemed acceptable by the ,secretary1 and make it available for inspection by officers of the ,department of ,homeland ,security1 the ,department of ,justice1 or the ,department of ,labor during the period beginning on the date the reverification commences and ending on the later of-- 7i7 the date that is #c years after the date of reverification2 or 7ii7 the date that is #a year after the date on which the individual's employment is terminated4 7#c7 ,limitation on reverification ,except as provided in paragraph 7#a71 a person or entity may not otherwise reverify the identity and employment authorization of a current employee1 including an employee continuing in employment4 7d7 ,good faith compliance 7#a7 ,in general ,except as otherwise provided in this subsection1 a person or entity that uses the ,system is considered to have complied with the requirements of this section notwithstanding a technical failure of the ,system1 or other technical or procedural failure to meet such requirement if there was a good faith attempt to comply with the requirement4 7#b7 ,exception for failure to correct after notice ,paragraph 7#a7 shall not apply if-- 7,a7 the failure is not de minimis2 7,b7 the ,secretary has provided notice to the person or entity of the failure1 including an explanation as to why it is not de minimis2 7,c7 the person or entity has been provided a period of not less than #cj days 7beginning after the date of the notice7 to correct the failure2 and 7,d7 the person or entity has not corrected the failure voluntarily within such period4 7#c7 ,exception for pattern or practice violators ,paragraph 7#a7 shall not apply to a person or entity that has engaged or is engaging in a pattern or practice of violations of paragraph 7#a77;,a7 or 7#b7 of section #bgd;,a7a74 7#d7 ,defense ,in the case of a person or entity that uses the ,system for the hiring1 recruiting1 or referring for a fee an individual for employment in the ,united ,states1 the person or entity shall not be liable to a job applicant1 an employee1 the ,federal ,government1 or a ,state or local government1 under ,federal1 ,state1 or local criminal or civil law1 for any employment-related action taken with respect to an employee in good-faith reliance on information provided by the ,system4 ,such person or entity shall be deemed to have established compliance with its obligations under this section1 absent a showing by the ,secretary1 by clear and convincing evidence1 that the employer had knowledge that an employee is an unauthorized alien4 7e7 ,limitations 7#a7 ,no national identification card ,nothing in this section shall be construed to authorize1 directly or indirectly1 the issuance or use of national identification cards or the establishment of a national identification card4 7#b7 ,use of records ,notwithstanding any other provision of law1 nothing in this section shall be construed to permit or allow any department1 bureau1 or other agency of the ,united ,states ,government to utilize any information1 database1 or other records assembled under this section for any purpose other than the verification of identity and employment authorization of an individual or to ensure the secure1 appropriate1 and non-discriminatory use of the ,system4 7f7 ,penalties 7#a7 ,in general ,except as provided in this subsection1 the provisions of subsections 7e7 through 7g7 of section #bgd;,a shall apply with respect to compliance with the provisions of this section and penalties for non-compliance for persons or entitles that use the ,system4 7#b7 ,cease and desist order with civil money penalties for hiring1 recruiting1 and referral violations ,notwithstanding the civil money penalties set forth in section #bgd;,a7e77#d71 with respect to a violation of paragraph 7#a77;,a7 or 7#b7 of section #bgd;,a7a7 by a person or entity that has hired1 recruited1 or referred for a fee1 an individual for employment in the ,united ,states1 a cease and desist order-- 7,a7 shall require the person or entity to pay a civil penalty in an amount1 subject to subsection 7d71 of-- 7i7 not less than #b1ejj and not more than #e1jjj for each unauthorized alien with respect to whom a violation of either such subsection occurred2 7ii7 not less than #e1jjj and not more than #aj1jjj for each such alien in the case of a person or entity previously subject to one order under this paragraph2 or 7iii7 not less than #aj1jjj and not more than #be1jjj for each such alien in the case of a person or entity previously subject to more than one order under this paragraph2 and 7,b7 may require the person or entity to take such other remedial action as appropriate4 7#c7 ,order for civil money penalty for violations ,with respect to a violation of section #bgd;,a7a77#a77;,b71 the order under this paragraph shall require the person or entity to pay a civil penalty in an amount1 subject to paragraphs 7#d71 7#e71 and 7#f71 of not less than #a1jjj and not more than #be1jjj for each individual with respect to whom such violation occurred4 ,failure by a person or entity to utilize the ,system as required by law or providing information to the ,system that the person or entity knows or reasonably believes to be false1 shall be treated as a violation of section #bgd;,a7a77#a77;,a74 7#d7 ,exemption from penalty for good faith violation 7,a7 ,in general ,a person or entity that uses the ,system is presumed to have acted with knowledge for purposes of paragraphs 7#a77;,a7 and 7#b7 of section #bgd;,a7a7 if the person or entity fails to make an inquiry to verify the identity and employment authorization of the individual through the ,system4 7,b7 ,good faith exemption ,in the case of imposition of a civil penalty under paragraph 7#b77;,a7 with respect to a violation of paragraph 7#a77;,a7 or 7#b7 of section #bgd;,a7a7 for hiring or continuation of employment or recruitment or referral by a person or entity1 and in the case of imposition of a civil penalty under paragraph 7#c7 for a violation of section #bgd;,a7a77#a77;,b7 for hiring or recruitment or referral by a person or entity1 the penalty otherwise imposed may be waived or reduced if the person or entity establishes that the person or entity acted in good faith4 7#e7 ,mitigation elements ,for purposes of paragraphs 7#b77;,a7 and 7#c71 when assessing the level of civil money penalties1 in addition to the good faith of the person or entity being charged1 due consideration shall be given to the size of the business1 the seriousness of the violation1 whether or not the individual was an unauthorized alien1 and the history of previous violations4 7#f7 ,criminal penalty ,notwithstanding section #bgd;,a7f77#a7 and the provisions of any other ,federal law relating to fine levels1 any person or entity that is required to comply with the provisions of this section and that engages in a pattern or practice of violations of paragraph 7#a7 or 7#b7 of section #bgd;,a7a71 shall be fined not more than #e1jjj for each unauthorized alien with respect to whom such a violation occurs1 imprisoned for not more than #ah months1 or both4 7#g7 ,electronic ,verification ,compensation ,account ,civil money penalties collected under this subsection shall be deposited in the ,electronic ,verification ,compensation ,account for the purpose of compensating individuals for lost wages as a result of a final nonconfirmation issued by the ,system that was based on government or employer error or omission1 as set forth in subsection 7b77#d77;,f77ii77,,iv74 7#h7 ,debarment 7,a7 ,in general ,if a person or entity is determined by the ,secretary to be a repeat violator of paragraph 7#a77;,a7 or 7#b7 of section #bgd;,a7a7 or is convicted of a crime under section #bgd;,a1 such person or entity may be considered for debarment from the receipt of ,federal contracts1 grants1 or cooperative agreements in accordance with the debarment standards and pursuant to the debarment procedures set forth in the ,federal ,acquisition ,regulation4 7,b7 ,no contract1 grant1 agreement ,if the ,secretary or the ,attorney ,general wishes to have a person or entity considered for debarment in accordance with this paragraph1 and such a person or entity does not hold a ,federal contract1 grant or cooperative agreement1 the ,secretary or ,attorney ,general shall refer the matter to the ,administrator of ,general ,services to determine whether to list the person or entity on the ,list of ,parties ,excluded from ,federal ,procurement1 and if so1 for what duration and under what scope4 7,c7 ,contract1 grant1 agreement ,if the ,secretary or the ,attorney ,general wishes to have a person or entity considered for debarment in accordance with this paragraph1 and such person or entity holds a ,federal contract1 grant1 or cooperative agreement1 the ,secretary or ,attorney ,general shall advise all agencies or departments holding a contract1 grant1 or cooperative agreement with the person or entity of the ,government's interest in having the person or entity considered for debarment1 and after soliciting and considering the views of all such agencies and departments1 the ,secretary or ,attorney ,general may refer the matter to the appropriate lead agency to determine whether to list the person or entity on the ,list of ,parties ,excluded from ,federal ,procurement1 and if so1 for what duration and under what scope4 7,d7 ,review ,any decision to debar a person or entity in accordance with this subsection shall be reviewable pursuant to part #i4d of the ,federal ,acquisition ,regulation4 7#i7 ,preemption ,the provisions of this section preempt any ,state or local law1 ordinance1 policy1 or rule1 including any criminal or civil fine or penalty structure1 relating to the hiring1 continued employment1 or status verification for employment eligibility purposes1 of unauthorized aliens1 except that a ,state1 locality1 municipality1 or political subdivision may exercise its authority over business licensing and similar laws as a penalty for failure to use the ,system as required under this section4 7g7 ,unfair immigration-,related employment practices and the ,system 7#a7 ,in general ,in addition to the prohibitions on discrimination set forth in section #bgd;,b1 it is an unfair immigration-related employment practice for a person or entity1 in the course of utilizing the ,system-- 7,a7 to use the ,system for screening an applicant prior to the date of hire2 7,b7 to terminate the employment of an individual or take any adverse employment action with respect to that individual due to a tentative nonconfirmation issued by the ,system2 7,c7 to use the ,system to screen any individual for any purpose other than confirmation of identity and employment authorization as provided in this section2 7,d7 to use the ,system to verify the identity and employment authorization of a current employee1 including an employee continuing in employment1 other than reverification authorized under subsection 7c72 7,e7 to use the ,system to discriminate based on national origin or citizenship status2 7,f7 to willfully fail to provide an individual with any notice required under this title2 7,g7 to require an individual to make an inquiry under the self-verification procedures described in subsection 7a77#d77;,b7 or to provide the results of such an inquiry as a condition of employment1 or hiring1 recruiting1 or referring2 or 7,h7 to terminate the employment of an individual or take any adverse employment action with respect to that individual based upon the need to verify the identity and employment authorization of the individual as required by subsection 7b74 7#b7 ,preemployment screening and background check ,nothing in paragraph 7#a77;,a7 shall be construed to preclude a preemployment screening or background check that is required or permitted under any other provision of law4 7#c7 ,civil money penalties for discriminatory conduct ,notwithstanding section #bgd;,b7g77#b77;,b77iv71 the penalties that may be imposed by an administrative law judge with respect to a finding that a person or entity has engaged in an unfair immigration-related employment practice described in paragraph 7#a7 are-- 7,a7 not less than #a1jjj and not more than #d1jjj for each individual discriminated against2 7,b7 in the case of a person or entity previously subject to a single order under this paragraph1 not less than #d1jjj and not more than #aj1jjj for each individual discriminated against2 and 7,c7 in the case of a person or entity previously subject to more than one order under this paragraph1 not less than #f1jjj and not more than #bj1jjj for each individual discriminated against4 7#d7 ,electronic ,verification ,compensation ,account ,civil money penalties collected under this subsection shall be deposited in the ,electronic ,verification ,compensation ,account for the purpose of compensating individuals for lost wages as a result of a final nonconfirmation issued by the ,system that was based on government error or omission1 as set forth in subsection 7b77#d77;,f77ii77,,iv74 7h7 ,clarification ,all rights and remedies provided under any ,federal1 ,state1 or local law relating to workplace rights1 including but not limited to back pay1 are available to an employee despite-- 7#a7 the employee's status as an unauthorized alien during or after the period of employment2 or 7#b7 the employer's or employee's failure to comply with the requirements of this section4 7i7 ,definition ,in this section1 the term date of hire means the date on which employment for pay or other remuneration commences4 4 7b7 ,conforming amendment ,the table of contents for the ,immigration and ,nationality ,act is amended by inserting after the item relating to section #bgd;,d the following3 ,sec4 #bgd;,e4 ,requirements for the electronic verification of employment eligibility4 4 #cjb4 ,mandatory electronic verification for the agricultural industry 7a7 ,in general ,the requirements for the electronic verification of identity and employment authorization described in section #bgd;,e of the ,immigration and ,nationality ,act1 as inserted by section #cja of this ,act1 shall apply to a person or entity hiring1 recruiting1 or referring for a fee an individual for agricultural employment in the ,united ,states in accordance with the effective dates set forth in subsection 7b74 7b7 ,effective dates 7#a7 ,hiring ,subsection 7a7 shall apply to a person or entity hiring an individual for agricultural employment in the ,united ,states as follows3 7,a7 ,with respect to employers having #ejj or more employees in the ,united ,states on the date of the enactment of this ,act1 on the date that is #f months after completion of the application period described in section #aja7;c74 7,b7 ,with respect to employers having #ajj or more employees in the ,united ,states 7but less than #ejj such employees7 on the date of the enactment of this ,act1 on the date that is #i months after completion of the application period described in section #aja7;c74 7,c7 ,with respect to employers having #bj or more employees in the ,united ,states 7but less than #ajj such employees7 on the date of the enactment of this ,act1 on the date that is #ab months after completion of the application period described in section #aja7;c74 7,d7 ,with respect to employers having one or more employees in the ,united ,states 7but less than #bj such employees71 on the date of the enactment of this ,act1 on the date that is #ae months after completion of the application period described in section #aja7;c74 7#b7 ,recruiting and referring ,subsection 7a7 shall apply to a person or entity recruiting or referring an individual for agricultural employment in the ,united ,states on the date that is #ab months after completion of the application period described in section #aja7;c74 7#c7 ,transition rule ,except as required under subtitle ,a of title ,,iv of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note7 7as in effect on the day before the effective date described in section #cjc7;a77#d771 ,executive ,order #acdfe 7#h ,u4,s4,c4 #acbd;a note2 relating to ,government procurement71 or any ,state law requiring persons or entities to use 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 7as in effect on the day before the effective date described in section #cjc7;a77#d771 sections #bgd;,a and #bgd;,b of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a and #acbd;b7 shall apply to a person or entity hiring1 recruiting1 or referring an individual for employment in the ,united ,states until the applicable effective date under this subsection4 7#d7 ,e-,verify voluntary users and others desiring early compliance ,nothing in this subsection shall be construed to prohibit persons or entities1 including persons or entities that have voluntarily elected to participate 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 7as in effect on the day before the effective date described in section #cjc7;a77#d771 from seeking early compliance on a voluntary basis4 7c7 ,rural access to secondary review process 7#a7 ,in general ,the ,secretary of ,homeland ,security and the ,commissioner of ,social ,security shall coordinate with the ,secretary of ,agriculture to create an alternate process for an individual to contest a tentative nonconfirmation as described in section #bgd;,e7b77#d77;,d7 of the ,immigration and ,nationality ,act1 as inserted by section #cja of this ,act1 by appearing in-person at a local office or service center of the ,u4,s4 ,department of ,agriculture or at a local office of the ,u4,s4 ,social ,security ,administration4 7#b7 ,staffing and resources ,the ,secretary of ,agriculture and ,commissioner of ,social ,security shall ensure that local offices and service centers of the ,u4,s4 ,department of ,agriculture and local offices of the ,u4,s4 ,social ,security ,administration are staffed appropriately and have the resources necessary to receive in-person requests for secondary review of a tentative nonconfirmation under paragraph 7#a7 from individuals and to facilitate the secondary review process by serving as a single point of contact between the individual and the ,department of ,homeland ,security and the ,social ,security ,administration4 7d7 ,document establishing employment authorization and identity ,in accordance with section #bgd;,e7b77#c77;,a77vii7 of the ,immigration and ,nationality ,act1 as inserted by section #cja of this ,act1 and not later than #ab months after the completion of the application period described in section #aja7;c7 of this ,act1 the ,secretary of ,homeland ,security shall recognize documentary evidence of certified agricultural worker status described in section #ajb7;a77#b7 of this ,act as valid proof of employment authorization and identity for purposes of section #bgd;,e7b77#c77;,a7 of the ,immigration and ,nationality ,act1 as inserted by section #cja of this ,act4 7e7 ,agricultural employment ,for purposes of this section1 the term agricultural employment means agricultural labor or services1 as defined by section #aja7;a77#ae77;,h77ii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii771 as amended by this ,act4 #cjc4 ,coordination with ,e-,verify ,program 7a7 ,repeal 7#a7 ,in general ,subtitle ,a of title ,,iv of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note7 is repealed4 7#b7 ,clerical amendment ,the table of sections1 in section #a7;d7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif1 is amended by striking the items relating to subtitle ,a of title ,,iv4 7#c7 ,references ,any reference in any ,federal1 ,state1 or local law1 ,executive order1 rule1 regulation1 or delegation of authority1 or any document of1 or pertaining to1 the ,department of ,homeland ,security1 ,department of ,justice1 or the ,social ,security ,administration1 to 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 note71 or to the employment eligibility confirmation system established under section #djd of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note71 is deemed to refer to the employment eligibility confirmation system established under section #bgd;,e of the ,immigration and ,nationality ,act1 as inserted by section #cja of this ,act4 7#d7 ,effective date ,this subsection1 and the amendments made by this subsection1 shall take effect on the date that is #cj days after the date on which final rules are published under section #cji7;a74 7b7 ,former ,e-,verify mandatory users1 including ,federal contractors ,beginning on the effective date in subsection 7a77#d71 the ,secretary of ,homeland ,security shall require employers required to participate 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 by reason of any ,federal1 ,state1 or local law1 ,executive order1 rule1 regulation1 or delegation of authority1 including employers required to participate in such program by reason of ,federal acquisition laws 7and regulations promulgated under those laws1 including the ,federal ,acquisition ,regulation71 to comply with the requirements of section #bgd;,e of the ,immigration and ,nationality ,act1 as inserted by section #cja of this ,act 7and any additional requirements of such ,federal acquisition laws and regulation7 in lieu of any requirement to participate in the ,e-,verify ,program4 7c7 ,former ,e-,verify voluntary users ,beginning on the effective date in subsection 7a77#d71 the ,secretary of ,homeland ,security shall provide for the voluntary compliance with the requirements of section #bgd;,e of the ,immigration and ,nationality ,act1 as inserted by section #cja of this ,act1 by employers voluntarily electing to participate 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 before such date4 #cjd4 ,fraud and misuse of documents ,section #aedf7;b7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking identification document1 and inserting identification document or document meant to establish employment authorization12 7#b7 in paragraph 7#b71 by striking identification document and inserting identification document or document meant to establish employment authorization12 and 7#c7 in the matter following paragraph 7#c7 by inserting or section #bgd;,e7b7 after section #bgd;,a7b74 #cje4 ,technical and conforming amendments 7a7 ,unlawful employment of aliens ,section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7 is amended-- 7#a7 in paragraph 7#a77;,b77ii7 of subsection 7a71 by striking subsection 7b74 and inserting section #bgd;,b2 and 7#b7 in the matter preceding paragraph 7#a7 of subsection 7b71 by striking ,the requirements referred and inserting ,except as provided in section #bgd;,e1 the requirements referred4 7b7 ,unfair immigration-,related employment practices ,section #bgd;,b7a77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;b7a77#a77 is amended in the matter preceding subparagraph 7,a71 by inserting including misuse of the verification system as described in section #bgd;,e7g7 after referral for a fee14 #cjf4 ,protection of ,social ,security ,administration programs 7a7 ,funding under agreement ,effective for fiscal years beginning on or after ,october #a1 #bjbj1 the ,commissioner and the ,secretary shall enter into and maintain an agreement which shall-- 7#a7 provide funds to the ,commissioner for the full costs of the responsibilities of the ,commissioner under section #bgd;,e7a77#e7 of the ,immigration and ,nationality ,act1 as inserted by section #cja of this ,act1 including-- 7,a7 acquiring1 installing1 and maintaining technological equipment and systems necessary for the fulfillment of the responsibilities of the ,commissioner under such section1 but only that portion of such costs that are attributable exclusively to such responsibilities2 and 7,b7 responding to individuals who contest a tentative nonconfirmation or administratively appeal a final nonconfirmation provided by the electronic employment eligibility verification system established under such section2 7#b7 provide such funds annually in advance of the applicable quarter based on an estimating methodology agreed to by the ,commissioner and the ,secretary 7except in such instances where the delayed enactment of an annual appropriation may preclude such quarterly payments72 and 7#c7 require an annual accounting and reconciliation of the actual costs incurred and the funds provided under the agreement1 which shall be reviewed by the ,inspectors ,general of the ,social ,security ,administration and the ,department of ,homeland ,security4 7b7 ,continuation of employment verification in absence of timely agreement ,in any case in which the agreement required under subsection 7a7 for any fiscal year beginning on or after ,october #a1 #bjbj1 has not been reached as of ,october #a of such fiscal year1 the latest agreement between the ,commissioner and the ,secretary providing for funding to cover the costs of the responsibilities of the ,commissioner under section #bgd;,e7a77#e7 of the ,immigration and ,nationality ,act1 as inserted by section #cja of this ,act1 shall be deemed in effect on an interim basis for such fiscal year until such time as an agreement required under subsection 7a7 is subsequently reached1 except that the terms of such interim agreement shall be modified by the ,director of the ,office of ,management and ,budget to adjust for inflation and any increase or decrease in the volume of requests under the employment eligibility verification system4 ,in any case in which an interim agreement applies for any fiscal year under this subsection1 the ,commissioner and the ,secretary shall1 not later than ,october #a of such fiscal year1 notify the ,committee on ,ways and ,means1 the ,committee on the ,judiciary1 and the ,committee on ,appropriations of the ,house of ,representatives and the ,committee on ,finance1 the ,committee on the ,judiciary1 and the ,committee on ,appropriations of the ,senate of the failure to reach the agreement required under subsection 7a7 for such fiscal year4 ,until such time as the agreement required under subsection 7a7 has been reached for such fiscal year1 the ,commissioner and the ,secretary shall1 not later than the end of each #ij-;day period after ,october #a of such fiscal year1 notify such ,committees of the status of negotiations between the ,commissioner and the ,secretary in order to reach such an agreement4 #cjg4 ,report on the implementation of the electronic employment verification system ,not later than #bd months after the date on which final rules are published under section #cji7;a71 and annually thereafter1 the ,secretary shall submit to ,congress a report that includes3 7#a7 ,an assessment of the accuracy rates of the responses of the electronic employment verification system established under section #bgd;,e of the ,immigration and ,nationality ,act1 as inserted by section #cja of this ,act 7referred to in this section as the ,system71 including tentative and final nonconfirmation notices issued to employment-authorized individuals and confirmation notices issued to individuals who are not employment-authorized4 7#b7 ,an assessment of any challenges faced by persons or entities 7including small employers7 in utilizing the ,system4 7#c7 ,an assessment of any challenges faced by employment-authorized individuals who are issued tentative or final nonconfirmation notices4 7#d7 ,an assessment of the incidence of unfair immigration-related employment practices1 as described in section #bgd;,e7g7 of the ,immigration and ,nationality ,act1 as inserted by section #cja of this ,act1 related to the use of the ,system4 7#e7 ,an assessment of the photo matching and other identity authentication tools1 as described in section #bgd;,e7a77#d7 of the ,immigration and ,nationality ,act1 as inserted by section #cja of this ,act1 including-- 7,a7 an assessment of the accuracy rates of such tools2 7,b7 an assessment of the effectiveness of such tools at preventing identity fraud and other misuse of identifying information2 7,c7 an assessment of any challenges faced by persons1 entities1 or individuals utilizing such tools2 and 7,d7 an assessment of operation and maintenance costs associated with such tools4 7#f7 ,a summary of the activities and findings of the ,u4,s4 ,citizenship and ,immigrations ,services ,e-,verify ,monitoring and ,compliance ,branch1 or any successor office1 including-- 7,a7 the number1 types and outcomes of audits1 investigations1 and other compliance activities initiated by the ,branch in the previous year2 7,b7 the capacity of the ,branch to detect and prevent violations of section #bgd;,e7g7 of the ,immigration and ,nationality ,act1 as inserted by this ,act2 and 7,c7 an assessment of the degree to which persons and entities misuse the ,system1 including-- 7i7 use of the ,system before an individual's date of hire2 7ii7 failure to provide required notifications to individuals2 7iii7 use of the ,system to interfere with or otherwise impede individuals' assertions of their rights under other laws2 and 7iv7 use of the ,system for unauthorized purposes4 7#g7 ,an assessment of the impact of implementation of the ,system in the agricultural industry and the use of the verification system in agricultural industry hiring and business practices4 #cjh4 ,modernizing and streamlining the employment eligibility verification process ,not later than #ab months after the date of the enactment of this ,act1 the ,secretary1 in consultation with the ,commissioner1 shall submit to ,congress a plan to modernize and streamline the employment eligibility verification process that shall include-- 7#a7 procedures to allow persons and entities to verify the identity and employment authorization of newly hired individuals where the in-person1 physical examination of identity and employment authorization documents is not practicable2 7#b7 a proposal to create a simplified employment verification process that allows employers that utilize the employment eligibility verification system established under section #bgd;,e of the ,immigration and ,nationality ,act1 as inserted by section #cja of this ,act1 to verify the identity and employment authorization of individuals without also having to complete and retain ,form ,i-#i1 ,employment ,eligibility ,verification1 or any subsequent replacement form2 and 7#c7 any other proposal that the ,secretary determines would simplify the employment eligibility verification process without compromising the integrity or security of the system4 #cji4 ,rulemaking and ,paperwork ,reduction ,act 7a7 ,in general ,not later than #ahj days prior to the end of the application period defined in section #aja7;c7 of this ,act1 the ,secretary shall publish in the ,federal ,register proposed rules implementing this title and the amendments made by this title4 ,the ,secretary shall finalize such rules not later than #ahj days after the date of publication4 7b7 ,paperwork ,reduction ,act 7#a7 ,in general ,the requirements under chapter #ce of title #dd1 ,united ,states ,code 7commonly known as the ,paperwork ,reduction ,act71 shall apply to any action to implement this title or the amendments made by this title4 7#b7 ,electronic forms ,all forms designated or established by the ,secretary that are necessary to implement this title and the amendments made by this title shall be made available in paper and electronic formats1 and shall be designed in such a manner to facilitate electronic completion1 storage1 and transmittal4 7#c7 ,limitation on use of forms ,all forms designated or established by the ,secretary that are necessary to implement this title1 and the amendments made by this title1 and any information contained in or appended to such forms1 may not be used for purposes other than for enforcement of this ,act and any other provision of ,federal criminal law4