,i #aafth ,,congress #ast ,session ,h4 ,r4 #fj ,,in ,,the ,,house ,,of ,,representatives ,january #c1 #bjai,mr4 ,allen introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to reform the ,h-#b;,a program for nonimmigrant agricultural workers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as-- 7#a7 the ,better ,agriculture ,resources ,now ,act2 or 7#b7 the ,,barn ,act4 #b4 ,h-#b;,a program reforms 7a7 ,definition of agricultural labor or services ,section #aja7;a77#ae77;,h77ii77a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77a77 is amended-- 7#a7 by striking ,secretary of ,labor and inserting ,secretary of ,agriculture2 7#b7 by striking and the pressing and inserting the pressing2 and 7#c7 by striking of a temporary and all that follows through the end and inserting 1 and the handling1 planting1 drying1 packing1 packaging1 processing1 freezing1 grading1 storing1 or delivering to storage or to market or to a carrier for transportation to market1 in its unmanufactured state1 any agricultural or horticultural commodity1 or4 7b7 ,administering official ,section #bah of such ,act 7#h ,u4,s4,c4 #aahh7 is amended by striking ,secretary of ,labor each place such term appears and inserting ,secretary of ,agriculture4 7c7 ,deemed approval ,section #bah7;c77#c77;,a7 of such ,act 7#h ,u4,s4,c4 #aahh7;c77#c77;,a77 is amended by inserting before ,in considering the following3 ,the ,secretary of ,agriculture shall review such application and shall provide a determination on the application within #ae days of the date of the filing of the application4 ,if the ,secretary does not comply with the deadline in the preceding sentence1 the application shall be deemed approved44 7d7 ,experience requirement ,section #bah7;c77#c77;,a7 of such ,act 7#h ,u4,s4,c4 #aahh7;c77#c77;,a771 as amended by subsection 7c71 is further amended by adding at the end the following3 ,a job offer may contain an experience requirement as long as work performed in an illegal status may not be counted towards such requirement44 7e7 ,elimination of #ej-,percent rule ,section #bah7;c77#c7 of such ,act 7#h ,u4,s4,c4 #aahh7;c77#c77 is amended-- 7#a7 by striking 7,a72 7#b7 by striking subparagraph 7,b72 and 7#c7 by redesignating clauses 7i7 and 7ii7 as subparagraphs 7,a7 and 7,b74 7f7 ,wage rate ,section #bah7;a77#a77;,b7 of such ,act 7#h ,u4,s4,c4 #aahh7;a77#a77;,b77 is amended by striking the period at the end and inserting 1 except that no employer shall be required to pay a wage rate greater than #aae percent of the greatest of the ,federal and ,state minimum wage rates44 7g7 ,deadline for filing applications ,section #bah7;c77#a7 of such ,act 7#h ,u4,s4,c4 #aahh7;c77#a77 is amended by striking #de and inserting #cj4 7h7 ,period of authorized nonimmigrant status ,section #bah7;h7 of such ,act 7#h ,u4,s4,c4 #aahh7;h77 is amended by adding at the end the following3 7#c7 ,the initial period of authorized status as a nonimmigrant described in section #aja7;a77#ae77;,h77ii77a7 shall not exceed #a year4 ,such period may be extended once by the ,secretary of ,homeland ,security for a period of up to #a year1 except that such extension may be granted only if the ,secretary of ,agriculture determines that the employer has engaged in the positive recruitment efforts described in subsection 7b77#d7 7including the obligation to circulate the employer's job offer through the interstate employment service system74 ,in the case of a nonimmigrant who has remained in the ,united ,states for the full #b-year period1 the nonimmigrant shall be obliged to depart the ,united ,states and shall not be eligible to re-apply for a visa to re-enter the ,united ,states as such a nonimmigrant for a period of #b months4 ,if at any time during a period of authorized admission the alien has a work lapse period of #fj days or more1 the visa of the alien shall be deemed revoked and the alien shall be required to depart from the ,united ,states1 except that if an employer has applied for a certification under subsection 7a77#a7 with respect to an alien who has a work lapse of #fj days or less1 such period shall not begin until after the ,secretary has made a determination on the application consistent with subsection 7c74 4 7i7 ,housing ,section #bah7;c77#d7 of such ,act 7#h ,u4,s4,c4 #aahh7;c77#d77 is amended to read as follows3 7#d7 ,housing requirement 7,a7 ,in general ,except as provided under subparagraph 7,f71 each employer applying for workers under subsection 7b7 shall offer to provide housing at no cost to-- 7i7 all workers in job opportunities for which the employer has applied2 and 7ii7 all other workers in the same occupation at the same place of employment whose place of residence is beyond normal commuting distance4 7,b7 ,compliance ,an employer meets the requirement under subparagraph 7,a7 if the employer-- 7i7 provides the workers with housing that meets applicable ,federal standards for temporary labor camps2 or 7ii7 secures housing for the workers that-- 7,i7 meets applicable local standards for rental or public accommodation housing1 or other substantially similar class of habitation2 or 7,,ii7 in the absence of applicable local standards1 meets ,state standards for rental or public accommodation housing or other substantially similar class of habitation4 7,c7 ,inspection 7i7 ,request ,at the time an employer that plans to provide housing described in subparagraph 7,b7 to ,h-#b;,a workers files an application for ,h-#b;,a workers with the ,secretary of ,agriculture1 the employer shall request a certificate of inspection by an approved ,federal or ,state agency4 7ii7 ,inspection2 followup ,not later than #bh days after the receipt of a request under clause 7i71 the ,secretary of ,agriculture shall ensure that-- 7,i7 such an inspection has been conducted2 and 7,,ii7 any necessary followup has been scheduled to ensure compliance with the requirements under this paragraph4 7iii7 ,delay prohibited ,the ,secretary of ,agriculture may not delay the approval of an application for failing to comply with the deadlines set forth in clause 7ii74 7,d7 ,rulemaking ,the ,secretary of ,agriculture shall issue regulations that address the specific requirements for the provision of housing to workers engaged in the range production of livestock4 7,e7 ,housing allowance 7i7 ,authority ,if the ,governor of a ,state certifies to the ,secretary of ,agriculture that there is adequate housing available in the area of intended employment for migrant farm workers and ,h-#b;,a workers who are seeking temporary housing while employed in agricultural work1 an employer in such ,state may provide a reasonable housing allowance instead of offering housing pursuant to subparagraph 7,a74 ,an employer who provides a housing allowance to a worker shall not be required to reserve housing accommodations for the worker4 7ii7 ,assistance in locating housing ,upon the request of a worker seeking assistance in locating housing1 an employer providing a housing allowance under clause 7i7 shall make a good faith effort to assist the worker in identifying and locating housing in the area of intended employment4 7iii7 ,limitation ,a housing allowance may not be used for housing that is owned or controlled by the employer4 ,an employer who offers a housing allowance to a worker1 or assists a worker in locating housing which the worker occupies under this subparagraph shall not be deemed a housing provider under section #bjc of the ,migrant and ,seasonal ,agricultural ,worker ,protect ,act 7#bi ,u4,s4,c4 #ahbc7 solely by virtue of providing such housing allowance4 7iv7 ,other requirements 7,i7 ,nonmetropolitan county ,if the place of employment of the workers provided an allowance under this subparagraph is a nonmetropolitan county1 the amount of the housing allowance under this subparagraph shall be equal to the statewide average fair market rental for existing housing for nonmetropolitan counties for the ,state1 as established by the ,secretary of ,housing and ,urban ,development pursuant to section #h7;c7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7c771 based on a #b-;bedroom dwelling unit and an assumption of #b persons per bedroom4 7,,ii7 ,metropolitan county ,if the place of employment of the workers provided an allowance under this subparagraph is in a metropolitan county1 the amount of the housing allowance under this subparagraph shall be equal to the statewide average fair market rental for existing housing for metropolitan counties for the ,state1 as established by the ,secretary of ,housing and ,urban ,development pursuant to section #h7;c7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7c771 based on a #b-;bedroom dwelling unit and an assumption of #b persons per bedroom4 7v7 ,information ,if the employer provides a housing allowance to ,h-#b;,a employees1 the employer shall provide a list of the names and local addresses of such workers to the ,secretary of ,agriculture and the ,secretary of ,homeland ,security once per contract period4 4 7j7 ,legal assistance from the ,legal ,services ,corporation ,section #bah7;h7 of such ,act 7#h ,u4,s4,c4 #aahh7;h771 as amended by subsection 7h7 of this ,act1 is further amended by adding at the end the following3 7#d7 7,a7 ,the ,legal ,services ,corporation may not provide legal assistance for1 or on behalf of1 any alien1 and may not provide financial assistance to any person or entity that provides legal assistance for1 or on behalf of1 any alien1 unless-- 7i7 the alien is present in the ,united ,states at the time the legal assistance is provided2 and 7ii7 the parties to the dispute have attempted1 in good faith1 mediation or other non-binding dispute resolution of all issues involving all such parties4 7,b7 ,if an employer and a nonimmigrant having status under section #aja7;a77#ae77;,h77ii77a7 have an arbitration arrangement1 the ,legal ,services ,corporation shall respect the arbitration process and outcome4 7,c7 ,no employer of a nonimmigrant having status under section #aja7;a77#ae77;,h77ii77a7 shall be required to permit any recipient of a grant or contract under section #ajjg of the ,legal ,services ,corporation ,act 7#db ,u4,s4,c4 #biif;f71 or any employee of such a recipient1 to enter upon the employer's property1 unless such recipient or employee has a pre-arranged appointment with a specific nonimmigrant having such status4 4 7k7 ,effect of violations while in ,united ,states ,section #bah7;f7 of such ,act 7#h ,u4,s4,c4 #aahh7;f77 is amended to read as follows3 7f7 ,effect of violations 7#a7 ,overstays ,an alien may not be admitted to the ,united ,states as a nonimmigrant having status under section #aja7;a77#ae77;,h77ii77a7 if the alien was admitted to the ,united ,states as such a nonimmigrant within the previous #e-year period and the alien remained after the alien's period of authorized admission expired or otherwise violated a term or condition of such previous admission4 7#b7 ,fraud ,an alien may not be admitted to the ,united ,states as a nonimmigrant having status under section #aja7;a77#ae77;,h77ii77a7 if the alien was admitted to the ,united ,states as such a nonimmigrant on the basis of fraud4 7#c7 ,other crimes ,an alien may not be admitted to the ,united ,states as a nonimmigrant having status under section #aja7;a77#ae77;,h77ii77a7 if the alien was admitted to the ,united ,states as such a nonimmigrant and committed an offense that rendered the alien deportable while in the ,united ,states pursuant to such admission4 7#d7 ,employer bar ,the ,secretary of ,agriculture may not issue a certification under subsection 7a7 with respect to an employer if the ,secretary finds1 after notice and an opportunity for a hearing1 that the employer knowingly hired an ,h-#b;,a worker whose period of authorized admission had expired or that the employer otherwise engaged in fraud or misrepresentation with respect to the program for the admission of such workers into the ,united ,states4 ,the ,secretary of ,homeland ,security shall not thereafter approve petitions filed by such employer under section #bad7;c74 ,an employer that establishes that it has complied in good faith with the requirements of this ,act has established an affirmative defense in an action brought under this paragraph4 4