,i  #aaith ,,congress  #ast ,session    
,h4 ,r4 #dcfg  ,,in ,,the ,,house ,,of  
,,representatives  ,july #ad1 #bjbe,ms4 
,de ,la ,cruz introduced the following  
bill2 which was referred to the         
,committee on the ,judiciary  ,a ,,bill 
,to reform the ,h-#b;,a worker program1 
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the    
,bracero ,program #b4j ,act4  #b4       
,reforms to employer processes under    
,h-#b;,a program  7a7 ,establishment of 
portal ,not later than #ah months after 
the date of enactment of this ,act1 the 
,secretary of ,homeland ,security1 in   
consultation with the ,secretary of     
,labor1 shall establish and implement an
 online portal for use by employers to--
 7#a7 file a petition to import an alien
 as an ,h-#b;,a worker 7as such term is 
defined in section #bah of the          
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aahh772 and  7#b7 post a job 
on an electronic job registry1 which    
posting shall satisfy any requirement to

 advertise a job4  7b7 ,portal          
requirements for petitions ,the         
,secretary of ,homeland ,security shall 
ensure that a petition filed using the  
portal established under this           
subsection-- 7#a7 may be processed      
simultaneously by the ,secretary1 the   
,secretary of ,labor1 and a ,state      
,workforce ,agency2 and  7#b7 may       
reflect staggered labor needs and       
staggered date of entry needs of the    
employer in a single petition4  #c4     
,h-#b;,a wage reform2 period of         
authorized admission ,section #bah of   
the ,immigration and ,nationality ,act  
is amended-- 7#a7 by redesignating      
subsections 7g7 through 7i7 as          
subsections 7j7 through 7l71            
respectively2 and  7#b7 by inserting    
after subsection 7f7 the following3  7g7
 ,wage rate ,for purposes of this       
section1 a wage rate for an ,h-#b;,a    
worker that is equal to the applicable  
minimum wage of the ,state in which the 
labor or services will be performed plus

 #b4jj per hour shall be considered to  
not adversely affect the wages of       
workers in the ,united ,states similarly
 employed4  7h7 ,period of authorized   
admission ,the period of authorized     
admission for an ,h-#b;,a worker shall  
be one year4  7i7 ,expedited review of  
returning workers ,an alien seeking     
admission to the ,united ,states as an  
,h-#b;,a worker who has previously been 
admitted as an ,h-#b;,a worker and who  
the ,secretary of ,homeland ,security   
determines pursuant to security and law 
enforcement background checks does not  
pose a criminal or national security    
threat to the ,united ,states shall not 
be required to undergo an in-person     
interview4  4  #d4 ,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 the ,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 ,agriculture within the ,state in   
which the worker is initially admitted  
to be employed4 ,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 portable ,h-#b;,a visa 
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 the ,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 #bah of the      
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aahh74  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 period  
of authorized admission for ,h-#b;,a    
workers described in section #bah of the
 ,immigration and ,nationality ,act 7#h 
,u4,s4,c4 #aahh74  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#a7 that is located in the   
,state of the alien's initial offer of  
employment under subparagraph 7,b77i74  
,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 
employment-related requirements of this 
section4 ,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  #e4 ,greenhouse and      
indoor farm workers eligible for h-#b;a 
nonimmigrant status                     
#aja7;a77#ae77;,h77ii77a7 of the        

,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aaja7;a77#ae77;,h77ii77a77 is
 amended by inserting after of a        
temporary or seasonal nature1 the       
following3 1 and including work in a    
greenhouse or indoor farm 7whether or   
not of a temporary or seasonal nature74 
#f4 ,,gao ,report on ,h-#b;,a ,program  
,integrity ,not later than one year     
after the date of enactment of this     
,act1 the ,comptroller ,general of the  
,united ,states shall submit to         
,congress a report on this ,act and the 
amendments made by this ,act that       
includes the following3 7#a7 ,whether   
,united ,states employers are           
increasingly reliant on ,h-#b;,a        
workers4  7#b7 ,any challenges for      
employers in securing adequate and      
affordable housing for ,h-#b;,a workers 
and potential effects on hiring4  7#c7  
,compliance of employers with the       
employment conditions of the ,h-#b;,a   
worker program4  7#d7 ,the effects of   
wage rate requirement under subsection  

7g7 of section #bah of the ,immigration 
and ,nationality ,act 7#h ,u4,s4,c4     
#aahh74  7#e7 ,how the admission of     
,h-#b;,a workers may be affecting       
working conditions for the ,united      
,states4  7#f7 ,whether staffing at the 
,department of ,labor and the           
,department of ,homeland ,security is   
sufficient to administer the ,h-#b;,a   
worker program effectively and          
efficiently4  #g4 ,,gao ,report on      
,h-#b;,a ,worker ,protections and       
,enforcement ,not later than #b years   
after the date of enactment of this     
,act1 and every #b years thereafter1 the
 ,comptroller ,general of the ,united   
,states shall submit to ,congress a     
report that describes1 for each ,state  
in which ,h-#b;,a workers are employed1 
the following3 7#a7 ,the mechanisms for 
,h-#b;,a workers to report workplace    
violations1 including unsafe working    
conditions1 crimes1 unsafe living       
conditions1 and underpayment of wages4  
7#b7 ,how ,h-#b;,a workers are made     

aware of such mechanisms4  7#c7 ,the    
daily accessibility of such mechanisms4 
7#d7 ,how ,h-#b;,a workers are educated 
about their rights4  7#e7 ,any barriers 
,h-#b;,a workers face when attempting to
 use such mechanisms4  7#f7 ,the        
processes in place after an ,h-#b;,a    
worker reports a workplace violation4