,i #aaith ,,congress #b;d ,session ,h4 ,r4 #iece ,,in ,,the ,,house ,,of ,,representatives ,june #cj1 #bjbf,mr4 ,thompson of ,pennsylvania 7for himself1 ,mr4 ,davis of ,north ,carolina1 ,mr4 ,newhouse1 ,mr4 ,riley of ,new ,york1 ,mr4 ,simpson1 ,mr4 ,vicente ,gonzalez of ,texas1 ,mr4 ,feenstra1 ,mr4 ,rouzer1 ,mr4 ,kelly of ,mississippi1 ,ms4 ,de ,la ,cruz1 ,ms4 ,maloy1 ,mr4 ,zinke1 ,mr4 ,langworthy1 ,mr4 ,baird1 ,mr4 ,smucker1 ,mr4 ,sessions1 ,mrs4 ,fedorchak1 ,ms4 ,tenney1 ,mr4 ,rogers of ,alabama1 ,mr4 ,kelly of ,pennsylvania1 ,mr4 ,meuser1 ,mr4 ,moolenaar1 ,mr4 ,evans of ,colorado1 ,mr4 ,wilson of ,south ,carolina1 ,mr4 ,wittman1 ,mr4 ,kustoff1 ,mr4 ,edwards1 ,ms4 ,lee of ,florida1 ,mr4 ,taylor1 ,mr4 ,allen1 ,mrs4 ,fischbach1 ,mr4 ,huizenga1 ,mr4 ,guthrie1 ,mr4 ,van ,orden1 ,mr4 ,bacon1 ,mr4 ,flood1 ,mr4 ,austin ,scott of ,georgia1 ,mr4 ,finstad1 ,ms4 ,salazar1 ,mr4 ,bentz1 ,mr4 ,valadao1 ,mr4 ,mc,caul1 ,mr4 ,bost1 ,mr4 ,messmer1 ,mr4 ,downing1 ,mrs4 ,miller-,meeks1 ,mr4 ,jack1 ,mr4 ,la,hood1 ,mr4 ,moore of ,north ,carolina1 and ,ms4 ,goodlander7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to modernize the process for the admission of ,h-#b;,a workers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,securing ,agriculture's ,workforce ,act of #bjbf4 #b4 ,modernizing the h-#b;a visa program for non-immigrant agricultural labor ,section #bah of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahh7 is amended-- 7#a7 by striking ,attorney ,general each place it appears and inserting ,secretary of ,homeland ,security2 7#b7 in subsection 7a7-- 7,a7 by striking 7#a7 ,a petition and inserting ,a petition2 7,b7 by striking paragraph 7#b72 and 7,c7 by redesignating subparagraphs 7,a7 and 7,b7 as paragraphs 7#a7 and 7#b71 respectively2 7#c7 in subsection 7b77#d7-- 7,a7 by striking within a multi-state region of traditional or expected labor supply where the ,secretary finds and inserting and2 7,b7 by striking the second sentence2 and 7,c7 by striking terminate on the date the ,h-#b;,a workers depart for the employer's place of employment and inserting begin on the date the job opportunity is posted on the electronic job registry maintained by the ,secretary under this section and terminate on the date on which the final ,h-#b;,a worker whose position is covered by a petition approved in connection with a labor certification departs for the employer's place of employment2 7#d7 in subsection 7c7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking in writing2 and 7ii7 in subparagraph 7,b71 by striking for the prompt resubmission of a modified application and inserting to submit a modified application within #g days of the date of receipt of such notice2 7,b7 by amending paragraph 7#c7 to read as follows3 7#c7 ,issuance of certification 7,a7 ,in general ,the ,secretary of ,labor shall make1 not later than #cj days before the date such labor or services are first required to be performed1 the certification described in subsection 7a77#a7 if-- 7i7 the employer has complied with the criteria for certification 7including criteria for the recruitment of eligible individuals as prescribed by the ,secretary72 and 7ii7 the employer does not actually have1 or has not been provided with referrals of1 a sufficient number of qualified eligible individuals who have indicated their availability to perform such labor or services on the terms and conditions of a job offer which meets the requirements of the ,secretary4 7,b7 ,job qualifications ,an employer may establish specific qualifications in a job offer that are normal and accepted qualifications required by non-,h-#b;,a-employers in the same or comparable occupations and crops4 7,c7 ,duration ,the ,secretary of ,labor may issue labor certifications under this paragraph that are valid for up to three consecutive years from the date of certification4 2 7,c7 by amending paragraph 7#d7 to read as follows3 7#d7 ,housing 7,a7 ,in general ,an employer employing ,h-#b;,a workers under this section shall provide housing to such workers in accordance with this paragraph4 7,b7 ,rulemaking ,the ,secretary of ,labor shall make rules to ensure that housing provided under this paragraph meets applicable local standards 7or the applicable alternate standards under subparagraph 7,d77 for rental1 public accommodations1 or other substantially similar class of habitation1 related to essential health and safety4 7,c7 ,duration ,the ,secretary of ,labor shall inspect and certify housing provided to workers under this section1 which may be valid for a period of up to #c years after the date of certification4 ,the ,secretary of ,labor may delegate authority to conduct housing inspection to appropriate ,state agencies4 7,d7 ,alternate standards 7i7 ,absence of local standards ,if no local standards described in subparagraph 7,b7 exist1 the ,secretary shall ensure such housing meets applicable ,state standards related to essential health and safety4 7ii7 ,absence of ,state standards ,if no such ,state standards exist1 the ,secretary shall ensure that such housing meets applicable ,federal standards related to essential health and safety4 7,e7 ,provision expense 7i7 ,in general ,the ,secretary of ,labor shall establish a maximum daily charge an employer may deduct from the wages of a worker for the provision of housing4 7ii7 ,calculation ,the maximum daily charge established under clause 7i7 shall be calculated by dividing-- 7,i7 the ,statewide average of fair market rent for a #d-;bedroom housing unit weighted by population1 as determined by the ,secretary of ,labor1 using data reported by the ,department of ,housing and ,urban ,development2 by 7,,ii7 #bdj4 7iii7 ,disclosure ,a job offer submitted in connection with a petition under subsection 7a7 shall clearly state the daily charge1 if any1 that will be applied to the wages of the ,h-#b;,a worker for the provision of housing4 2 and 7,d7 by adding at the end the following3 7#e7 ,staggered entry and exit of workers ,the ,secretary of ,homeland ,security shall authorize an employer to stagger the entry and exit of ,h-#b;,a workers for a job offer submitted in connection with a petition under subsection 7a7 with multiple start or end dates1 if-- 7,a7 the employment is in the same occupational classification1 as determined by the ,secretary of ,labor2 7,b7 no more than #ahj days separate the first start date and the final start date or the first end date and last end date1 listed in the job offer2 7,c7 the need for multiple dates arises from variations in labor needs associated with the job offer identified in the petition2 and 7,d7 the employer will continue to accept referrals of all eligible ,united ,states workers who apply until the final ,h-#b;,a worker whose position is covered by the petition departs for the employer's place of employment4 7#f7 ,subsequent employment of workers 7,a7 ,in general ,beginning not earlier than #ij days before the end of the authorized period of employment for ,h-#b;,a workers1 an employer seeking a subsequent period of employment for such workers shall post the job opportunity on the online job registry created under this section1 and may submit a petition to the ,secretary of ,homeland ,security for such subsequent period of employment for such workers4 7,b7 ,approval ,the ,secretary of ,homeland ,security shall approve a petition submitted under subparagraph 7,a7 unless-- 7i7 the employer makes a substantial change to the petition that was approved2 7ii7 the requirements of this section are no longer met2 7iii7 a condition in subsection 7b7 is met2 or 7iv7 the employer is found to be in substantial violation of this section4 7,c7 ,recruitment ,the ,secretary of ,labor shall prescribe criteria for recruitment of eligible individuals for employers seeking a subsequent period of employment of ,h-#b;,a workers under this paragraph4 2 7#e7 in subsection 7d7-- 7,a7 by amending the heading to read as follows3 ,roles of agricultural associations and joint employers2 7,b7 in paragraph 7#a7-- 7i7 by amending the heading to read as follows ,permitted filing2 and 7ii7 by striking may be filed by and all that follows and inserting the following3 may be filed by-- 7,a7 an association 7including a cooperative association7 of agricultural producers which use agricultural labor or services2 7,b7 two or more employers that use agricultural labor or services and that submit a joint application for a labor certification2 or 7,c7 other entities that use agricultural labor or services and that submit a joint application for a labor certification1 as determined appropriate by the ,secretary of ,labor1 in consultation with the ,secretary of ,homeland ,security4 2 7,c7 in paragraph 7#b7-- 7i7 in the heading1 by striking associations and inserting permitted filers2 7ii7 by striking ,if an association and inserting ,if a permitted filer under paragraph 7#a72 7iii7 by striking the association and inserting such filer2 7iv7 by striking producer each place it appears2 and 7v7 by striking of a temporary or seasonal nature and inserting of a temporary nature2 7,d7 in paragraph 7#c7-- 7i7 in subparagraph 7,a7-- 7,i7 by amending the heading to read as follows3 ,individual violations2 7,,ii7 by striking producer member of a joint employer association and inserting member of a permitted filer2 and 7,,iii7 by striking of the association unless the ,secretary determines that the association and inserting unless the ,secretary of ,labor determines that the permitted filer2 and 7ii7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,permitted filer's violations ,if a permitted filer is determined to have committed an act that under subsection 7b77#b7 results in the denial of certification with respect to the permitted filer1 the denial shall apply only to the permitted filer and does not apply to any individual member of the permitted filer unless the ,secretary of ,labor determines that the member participated in1 had knowledge of1 or reason to know of1 the violation4 2 and 7,e7 by adding at the end the following3 7#d7 ,minimum and maximum hours ,in the case of a permitted filer under subparagraph 7,b7 or 7,c7 of paragraph 7#a7 there shall be no weekly minimum or maximum hours required for each employer to employ an ,h-#b;,a worker1 except that each employer shall employ such worker for at least one hour during every #cj-;day period4 2 7#f7 in subsection 7h71 by adding at the end the following3 7#c7 ,special procedures ,the ,secretary of ,labor1 in consultation with the ,secretary of ,agriculture and the ,secretary of ,homeland ,security1 may establish1 by regulation1 alternate procedures that modify the requirements under this section 7including the requirements under subsection 7c77#d7 7related to housing77 when the ,secretary of ,labor determines that such a modification is necessary due to the unique nature of the work involved1 which may include herding1 care1 or production of livestock on the range1 commercial beekeeping1 and itinerant custom harvesting4 7#d7 ,heat illness prevention plan 7,a7 ,in general ,an employer that employs ,h-#b;,a workers under this section shall maintain a plan to prevent heat illness for workers of that employer1 which plan shall include-- 7i7 prevention measures that are at least as protective as the applicable ,federal and ,state requirements2 7ii7 training for workers2 and 7iii7 protocols for-- 7,i7 workers' access to water and shade2 7,,ii7 the provision of breaks2 and 7,,iii7 emergency response4 7,b7 ,posting requirement ,an employer that employs ,h-#b;,a workers under this section shall make the plan required under this paragraph available to employees in ,english and1 if a significant portion of such workers are not fluent in ,english1 in a language that such workers understand1 by-- 7i7 posting the plan in a conspicuous location at the worksite2 and 7ii7 making the plan available to such workers prior to the date on which they start work4 7#e7 ,force majeure termination 7,a7 ,in general ,if1 before the expiration of the period of employment specified in a work contract for ,h-#b;,a workers1 the services of the workers are no longer required due to any form of natural disaster1 including flood1 hurricane1 freeze1 earthquake1 fire1 drought1 plant or animal disease1 pest infestation1 or any other reason that the ,secretary of ,labor1 in consultation with the ,secretary of ,agriculture1 determines is beyond the control of the employer1 the employer may terminate the workers' employment4 7,b7 ,requirements ,if a worker's employment is terminated under subparagraph 7,a71 the employer shall-- 7i7 make efforts to transfer the worker to other comparable employment permitted by the ,secretary of ,labor and acceptable to the worker2 and 7ii7 no later than #gb hours after termination1 notify the ,secretary of ,labor and ,secretary of ,agriculture of such termination and state the nature of the contract impossibility4 7#f7 ,transfer of h-#b;a workers 7,a7 ,in general ,an ,h-#b;,a worker may begin employment with a new employer on the date that the employer files a non-frivolous petition with the ,secretary of ,homeland ,security on behalf of such worker4 7,b7 ,eligible employer ,a transfer of an ,h-#b;,a worker under this paragraph may only occur between agricultural employers that possess a valid labor certification approved by the ,secretary of ,labor under this section4 7,c7 ,timing ,the ,h-#b;,a worker shall be considered authorized to be employed by the petitioning employer until the earlier of the end date of the employment contract pursuant to which the ,h-#b;,a worker was working prior to the transfer under this paragraph or the receipt of a notice of denial for the petition4 7,d7 ,petition denial or withdrawal ,if the petition under subparagraph 7,a7 is denied or withdrawn the ,h-#b;,a worker's employment authorization shall be terminated and such worker shall voluntarily depart the ,united ,states within #cj days after the date of denial or withdrawal1 unless such worker is employed by an ,h-#b;,a employer prior to that date4 7#g7 ,waiver 7,a7 ,in general ,subject to the limitation in this paragraph1 the grounds of inadmissibility under paragraphs 7#e77;,a71 7#f77;,a71 7#f77;,c71 7#g71 and 7#i77;,b7 of section #bab7;a71 and the grounds of deportability under paragraphs 7#a77;,a7 7with respect to the grounds of inadmissibility waived under this paragraph71 7#a77;,b71 7#a77;,c77i71 and 7#c77;,a7 of section #bcg7;a7 shall be waived with respect to conduct that occurred prior to the alien first receiving status as an ,h-#b;,a worker1 for the purpose of providing the alien with such status if the alien is otherwise eligible4 7,b7 ,limitations 7i7 ,alien ,an alien described in this paragraph is an alien who-- 7,i7 has voluntarily departed the country2 or 7,,ii7 7aa7 was unlawfully present in the ,united ,states on ,may #ca1 #bjbf2 and 7bb7 performed agricultural labor or services in the ,united ,states for at least #e4ge hours during each of at least #ahj days during the #b-year period ending on the date of enactment of ,securing ,agriculture's ,workforce ,act of #bjbf4 7ii7 ,conduct ,a waiver provided under this paragraph shall-- 7,i7 only apply to unlawful conduct that occurred in relation to obtaining employment performing agricultural labor or services1 in the ,united ,states2 and 7,,ii7 not extend to conduct that occurred in pursuit of obtaining public benefits1 as determined by the ,secretary of ,homeland ,security4 7#h7 ,employer responsibilities and protections 7,a7 ,record of employment ,an employer of an alien seeking to establish their qualifications under clause 7ii7 of paragraph 7#g77;,b7 and receive status as an ,h-#b;,a worker shall provide such alien with a written record of employment upon the alien's request4 7,b7 ,continuing employment ,it shall not be a violation of section #bgd;,a7a77#b7 for an employer to continue to employ an alien described in paragraph 7#g77;,b77i77,,ii7 knowing that the alien intends to apply for status as an ,h-#b;,a worker for the duration of the period during which the alien's application is pending final determination4 7,c7 ,employment records ,any employment record or other evidence of employment provided by an alien or by an alien's employer in support of an alien's application for status as an ,h-#b;,a worker under this section may not be used in a civil or criminal prosecution or investigation of that employer under section #bgd;,a or the ,internal ,revenue ,code of #aihf for the prior unlawful employment of that alien regardless of the outcome of such application4 7,d7 ,additional protections 7i7 ,in general ,an employer that provides a record in accordance with subparagraph 7,a7 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 section may not be used for any purpose other than establishing such eligibility4 7ii7 ,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 7#i7 ,essential functions ,in the case of a lapse of government appropriations1 all functions necessary for the processing1 certification1 and admission of ,h-#b;,a workers shall be deemed essential to the protection of life and property and such functions shall continue uninterrupted for the duration of such lapse4 2 7#g7 by redesignating subsection 7i7 as subsection 7m72 7#h7 by inserting after subsection 7h7 the following3 7i7 ,roles of ,federal agencies and states in the ,h-#b;,a program 7#a7 ,department of homeland security 7,a7 ,in general ,the authority of the ,secretary of ,homeland ,security under this section does not include the authority that is specifically reserved for the head of another ,federal agency under this subsection4 7,b7 ,fees ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,labor1 may require by regulation1 as a condition of issuing a certification under subsection 7a77#a71 the payment of a fee to recover the reasonable costs of processing applications and certifications by the ,department of ,homeland ,security and ,department of ,labor with respect to ,h-#b;,a workers1 and shall not include any costs of processing other visa categories1 asylum or refugee processing1 or any other functions of the ,department of ,homeland ,security or ,department of ,labor other than those which are applicable to the admission of ,h-#b;,a workers4 7,c7 ,prioritization ,not later than #ae days after receiving a petition for an ,h-#b;,a worker1 the ,secretary of ,homeland ,security shall approve1 deny1 or request additional information from the employer4 7#b7 ,department of labor 7,a7 ,in general ,the ,secretary of ,labor shall-- 7i7 establish standards for the recruitment of ,united ,states workers1 that are reasonable and cost effective2 7ii7 ensure employer compliance with the requirements under this section2 and 7iii7 determine the labor needs of agricultural employers in the ,united ,states4 7,b7 ,post certification amendments ,the ,secretary of ,labor shall create an expedited process to allow an employer to file an amendment to a labor certification that has been approved1 including an amendment to-- 7i7 the dates of employment2 7ii7 the places of employment1 due to unforeseen circumstances2 7iii7 the housing provided1 due to unforeseen circumstances2 7iv7 the modes of daily transportation2 and 7v7 the agricultural activities that will be performed by an ,h-#b;,a worker1 if such activities are substantially similar to the activities included in the approved labor certification4 7,c7 ,housing ,the ,secretary of ,labor shall make rules under subsection 7c77#d74 7,d7 ,online job registry ,the ,secretary of ,labor shall maintain a national1 publicly accessible online job registry and database of all job offers submitted by employers seeking a labor certification required to employ ,h-#b;,a workers under this section4 7#c7 ,department of state 7,a7 ,in general ,the ,secretary of ,state shall prioritize the adjudication of visa issuance for ,h-#b;,a workers and shall ensure sufficient and trained staffing at consulates through which a significant number of applications by ,h-#b;,a workers originate during periods of increased ,h-#b;,a visa applications4 7,b7 ,returning workers ,the ,secretary of ,state may waive the interview requirement under section #bbb7;h77#a7 for an alien seeking admission to the ,united ,states as an ,h-#b;,a worker if the alien has been previously admitted to the ,united ,states as an ,h-#b;,a worker1 and appears to be eligible for such status4 7#d7 ,department of agriculture ,the ,secretary of ,agriculture shall-- 7,a7 provide input and comment to the ,secretary of ,homeland ,security and the ,secretary of ,labor regarding the implementation of the requirements under this section2 and 7,b7 make rules to define the term agricultural labor or services under section #aja4 7j7 ,applicable wage 7#a7 ,in general ,an employer shall offer at minimum a contract wage to an ,h-#b;,a worker that is the highest of-- 7,a7 the agreed-upon collective bargaining wage2 7,b7 the ,federal1 ,state1 or local minimum wage applicable to all agricultural workers2 or 7,c7 the adverse effect wage rate determined under subsection 7k71 if applicable4 7#b7 ,limitation on mid-contract wage changes ,the applicable wage under paragraph 7#a71 as determined on the date the job opportunity is posted on the electronic job registry maintained by the ,secretary1 shall remain in effect for the duration of the contract period and shall not be modified based on any subsequent adjustment to the adverse effect wage rate determined and published pursuant to subsection 7k74 7#c7 ,use of ,federal survey data ,to calculate an adverse effect wage rate1 the ,secretary of ,labor shall use data that is available pursuant to a ,federal ,government survey of base wages paid to domestic workers in the occupational classification and may not consider in the calculation additional forms of compensation1 such as shift differential pay1 on-call pay1 special assignments1 overtime1 bonuses1 incentive-based pay1 or piece rates4 7k7 ,determination of adverse effect on wages 7#a7 ,in general ,the ,secretary of ,labor shall make an annual determination as to whether the employment of ,h-#b;,a workers from the prior year adversely affected the wages and working conditions of workers in the ,united ,states similarly employed4 ,such determination shall be subject to review under chapter #g of title #e1 ,united ,states ,code4 7#b7 ,contracting authority ,the ,secretary of ,labor may enter into a contract with an independent entity to assist in making the determination under paragraph 7#a74 7#c7 ,publication of rate ,the ,secretary of ,labor1 on making a determination under paragraph 7#a7 that an adverse effect existed from the prior year1 shall calculate and publish in the ,federal ,register1 an adverse effect wage rate1 in accordance with this subsection4 7#d7 ,calculation ,the ,secretary shall calculate an adverse effect wage rate as follows3 7,a7 ,entry-level occupations ,for occupations that the ,secretary of ,labor determines the qualifications of the job offer are entry-level 7including field and livestock worker occupations combined71 as compared to the qualifications possessed by an average worker in such occupation1 the adverse effect wage rate shall be equal to-- 7i7 if a statewide annual hourly gross wage in the ,state for the occupation described in the job offer is reported in the ,occupational ,employment and ,wage ,statistics survey1 the required minimum hourly wage for entry-level qualifications shall be the #agth percentile of the wage distribution for the occupation in that ,state2 or 7ii7 if a statewide annual hourly gross wage in the ,state for the occupation described in the job offer is not reported in the ,occupational ,employment and ,wage ,statistics survey1 the required minimum hourly wage for entry-level qualifications shall be the #agth percentile of the wage distribution for the occupation on a nationwide basis1 as reported in such survey4 7,b7 ,experience-level occupations ,for any other occupation that the ,secretary of ,labor determines the qualifications of the job offer are representative of the qualifications possessed by an average worker in such occupation 7including field and livestock worker occupations combined71 the adverse effect wage rate shall be equal to-- 7i7 if a statewide annual hourly gross wage in the ,state for experience-level qualifications for the occupation described in the job offer is reported in the ,occupational ,employment and ,wage ,statistics survey1 the required minimum hourly wage for experience-level qualifications shall be the #ejth percentile of the wage distribution for the occupation for that ,state described in the job offer1 as reported in such survey2 or 7ii7 if a statewide annual hourly gross wage in the ,state for experience-level qualifications for the occupation described in the job offer is not reported in such survey1 the required minimum hourly wage shall be the #ejth percentile of the national wage distribution for the occupation1 as reported in such survey4 7,c7 ,limitations on fluctuations ,the adverse effect wage rate calculated under this paragraph may not-- 7i7 be more than #a4e percent lower than the wage in effect for the immediately preceding calendar year2 and 7ii7 be more than #c4be percent higher than the wage in effect for the preceding calendar year4 7#e7 ,job classification 7,a7 ,in general ,if the ,secretary of ,labor establishes an adverse effect wage rate under this subsection1 the ,secretary may aggregate occupational classifications for purposes of establishing such rate4 7,b7 ,primary duty ,when determining the occupation in which to classify an ,h-#b;,a worker1 the ,secretary shall classify the worker in an occupation that reflects the duties and work tasks described in the employment contract that will constitute the greatest percentage of the worker's working hours4 2 and 7#i7 in subsection 7m71 as so redesignated1 by adding at the end the following3 7#c7 ,the term employer means a person or entity who hires workers to perform agricultural labor or services and includes-- 7,a7 a single employer2 7,b7 an association or farm labor contractor2 7,c7 an agricultural cooperative association1 as such term is defined in section #ae of the ,agricultural ,marketing ,act 7#ab ,u4,s4,c4 #aada;j72 and 7,d7 other persons or entities as determined by the ,secretary of ,labor4 4 #c4 ,definitions ,section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77 is amended-- 7#a7 in paragraph 7#ae77;,h77ii77a7 by striking 1 as defined by the ,secretary of ,labor in regulations and including agricultural labor defined in section #caba7;g7 of the ,internal ,revenue ,code of #aihf1 agriculture as defined in section #c7;f7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;f771 and the pressing of apples for cider on a farm1 of a temporary or seasonal nature1 and inserting of a temporary nature2 and 7#b7 by adding at the end the following3 7#ec7 ,the term #8agricultural labor or services' has the meaning given such term by the ,secretary of ,agriculture in regulations and includes-- 7,a7 agricultural labor 7as such term is defined in section #caba7;g7 of the ,internal ,revenue ,code of #aihf1 notwithstanding the limitations set forth in paragraphs 7#d77;,a7 or 7#d77;,b7 of such section72 7,b7 agriculture 7as such term is defined in section #c7;f7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;f7772 7,c7 the handling1 planting1 drying1 packing1 packaging1 processing1 freezing1 or grading of any agricultural or horticultural commodity in its unmanufactured state1 without regard to the ownership or location of such facilities or activities2 7,d7 the transportation and preparation for transportation of any agricultural or horticultural commodity1 in its unmanufactured state from the farm to the place of storage1 first processing or first marketing2 7,e7 pine straw gathering and reforestation activities2 7,f7 aquaculture activities1 including the primary processing of seafood2 7,g7 activities related to the management and training of equines2 7,h7 the pressing of apples for cider on a farm1 or logging employment2 7,i7 the installation of horticulture commodities2 and 7,j7 the harvest and processing of meat and poultry1 which shall only include the slaughter of animals and the breakdown of carcasses4 7#ed7 ,the term temporary means1 for the purposes of paragraph 7#ae77;,h77ii77a71 work performed pursuant to a contract with a term of less than #cej days1 without regard to the approved employer's underlying need or nature of the job4 4 #d4 ,streamlined online h-#b;a platform ,section #bah of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahh71 as amended by this ,act1 is further amended by inserting after subsection 7k7 the following3 7l7 ,streamlined online ,h-#b;,a platform 7#a7 ,in general ,not later than one year 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 the ,administrator of the ,department of ,government ,efficiency1 shall establish an online platform which shall serve as a single point of access-- 7,a7 for an employer to input all information and supporting documentation required for-- 7i7 obtaining a labor certification from the ,secretary of ,labor2 and 7ii7 the adjudication of a petition for the admission of an ,h-#b;,a worker4 7,b7 for the ,secretary of ,homeland ,security1 the ,secretary of ,labor1 and ,state workforce agencies to concurrently perform their respective review and adjudicatory responsibilities related to the admission of ,h-#b;,a workers2 and 7,c7 to 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 necessary approvals2 7iii7 receive notices of approval and denial2 7iv7 request reconsideration or appeal of agency decisions2 7v7 provide information to the ,secretary of ,state and ,u4,s4 ,customs and ,border ,protection necessary for the efficient and secure processing of visas and applications for admission of ,h-#b;,a workers2 7vi7 receive and request documents1 such as the ,i-#id1 ,i-#gig;,a1 ,i-#gig;,b 7or successor forms7 of the ,h-#b;,a worker1 and any other form required for the admission of ,h-#b;,a workers2 7vii7 request updates on the status of the processing of applications for labor certifications1 petitions1 and applications for the admission of ,h-#b;,a workers2 7viii7 pay all fees associated with the admission and employment of ,h-#b;,a workers1 including fees imposed by the ,secretary of ,homeland ,security1 the ,secretary of ,state1 and the ,secretary of ,labor2 and 7ix7 file1 or have filed on their behalf1 ,form ,g-#bh1 or any successor form1 from non-attorney agents to indicate representation of their clients1 which shall send notice to non-attorney agents with respect to processing as would any other ,form ,g-#bh1 or any successor form1 regarding said representation4 7#b7 ,objectives ,in developing the platform described in subsection 7a71 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,labor1 the ,secretary of ,agriculture1 the ,secretary of ,state1 and the ,administrator of the ,department of ,government ,efficiency1 shall streamline and improve the process for the admission of ,h-#b;,a workers1 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 petitions for ,h-#b;,a workers2 and 7,d7 ensuring compliance with the requirements for the admission of ,h-#b;,a workers and the protection of the wages and working conditions of workers4 4 #e4 ,government accountability office reviews ,not later than #b years after the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,agriculture1 the ,committee on ,education and ,workforce1 and the ,committee on the ,judiciary of the ,house of ,representatives1 and to the ,committee on ,agriculture1 ,nutrition1 and ,forestry1 the ,committee on ,health1 ,education1 ,labor and ,pensions1 and the ,committee on the ,judiciary of the ,senate1 a report on the following3 7#a7 ,an evaluation of information related to the availability and affordability of housing that complies with the requirements under section #bah7;c77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahh7;c77#d77 related to housing for ,h-#b;,a workers4 7#b7 ,challenges faced by employers in securing and maintaining adequate and affordable housing for ,h-#b;,a workers4 7#c7 ,the measures undertaken by the ,secretary of ,labor to monitor and enforce employer compliance with the requirements under such section #bah7;c77#d71 including the conduct of inspections1 investigations1 and other enforcement actions4 7#d7 ,the availability of ,federal programs to assist employers in providing housing that complies such requirements and the extent to which those ,federal programs are being used by employers4 #f4 ,effective date ,the amendments made by this ,act shall take effect on the date that is one year after the date of enactment of this ,act4 ,any rule to carry out the amendments made by this ,act may be made as an interim final rule on the date that the amendments made by this ,act take effect4