Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

116th Congress }                                      { Rept. 116-328
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                      { Part 1

======================================================================



 
                FARM WORKFORCE MODERNIZATION ACT OF 2019

                                _______
                                

December 9, 2019.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Nadler, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 5038]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 5038) to amend the Immigration and Nationality Act 
to provide for terms and conditions for nonimmigrant workers 
performing agricultural labor or services, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................    56
Background and Need for the Legislation..........................    57
Hearings.........................................................    65
Committee Consideration..........................................    65
Committee Votes..................................................    66
Committee Oversight Findings.....................................    78
New Budget Authority and Tax Expenditures and Congressional 
  Budget Office Cost Estimate....................................    78
Duplication of Federal Programs..................................    78
Performance Goals and Objectives.................................    78
Advisory on Earmarks.............................................    78
Section-by-Section Analysis......................................    79
Changes in Existing Law Made by the Bill, as Reported............   105
Dissenting Views.................................................   256

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Farm Workforce 
Modernization Act of 2019''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

         TITLE I--SECURING THE DOMESTIC AGRICULTURAL WORKFORCE

    Subtitle A--Temporary Status for Certified Agricultural Workers

Sec. 101. Certified agricultural worker status.
Sec. 102. Terms and conditions of certified status.
Sec. 103. Extensions of certified status.
Sec. 104. Determination of continuous presence.
Sec. 105. Employer obligations.
Sec. 106. Administrative and judicial review.

      Subtitle B--Optional Earned Residence for Long-term Workers

Sec. 111. Optional adjustment of status for long-term agricultural 
workers.
Sec. 112. Payment of taxes.
Sec. 113. Adjudication and decision; review.

                     Subtitle C--General Provisions

Sec. 121. Definitions.
Sec. 122. Rulemaking; Fees.
Sec. 123. Background checks.
Sec. 124. Protection for children.
Sec. 125. Limitation on removal.
Sec. 126. Documentation of agricultural work history.
Sec. 127. Employer protections.
Sec. 128. Correction of social security records.
Sec. 129. Disclosures and privacy.
Sec. 130. Penalties for false statements in applications.
Sec. 131. Dissemination of information.
Sec. 132. Exemption from numerical limitations.
Sec. 133. Reports to Congress.
Sec. 134. Grant program to assist eligible applicants.
Sec. 135. Authorization of appropriations.

      TITLE II--ENSURING AN AGRICULTURAL WORKFORCE FOR THE FUTURE

        Subtitle A--Reforming the H-2A Temporary Worker Program

Sec. 201. Comprehensive and streamlined electronic h-2a platform.
Sec. 202. H-2a program requirements.
Sec. 203. Agency roles and responsibilities.
Sec. 204. Worker protection and compliance.
Sec. 205. Report on wage protections.
Sec. 206. Portable h-2a visa pilot program.
Sec. 207. Improving access to permanent residence.

    Subtitle B--Preservation and Construction of Farmworker Housing

Sec. 220. Short title.
Sec. 221. Permanent establishment of housing preservation and 
revitalization program.
Sec. 222. Eligibility for rural housing vouchers.
Sec. 223. Amount of voucher assistance.
Sec. 224. Rental assistance contract authority.
Sec. 225. Funding for multifamily technical improvements.
Sec. 226. Plan for preserving affordability of rental projects.
Sec. 227. Covered housing programs.
Sec. 228. New farmworker housing.
Sec. 229. Loan and grant limitations.
Sec. 230. Operating assistance subsidies.
Sec. 231. Eligibility of certified workers.

           Subtitle C--Foreign Labor Recruiter Accountability

Sec. 251. Registration of foreign labor recruiters.
Sec. 252. Enforcement.
Sec. 253. Appropriations.
Sec. 254. Definitions.

      TITLE III--ELECTRONIC VERIFICATION OF EMPLOYMENT ELIGIBILITY

Sec. 301. Electronic employment eligibility verification system.
Sec. 302. Mandatory electronic verification for the agricultural 
industry.
Sec. 303. Coordination with E-Verify Program.
Sec. 304. Fraud and misuse of documents.
Sec. 305. Technical and conforming amendments.
Sec. 306. Protection of Social Security Administration programs.
Sec. 307. Report on the implementation of the electronic employment 
verification system.
Sec. 308. Modernizing and streamlining the employment eligibility 
verification process.
Sec. 309. Rulemaking and Paperwork Reduction Act.

         TITLE I--SECURING THE DOMESTIC AGRICULTURAL WORKFORCE

    Subtitle A--Temporary Status for Certified Agricultural Workers

SEC. 101. CERTIFIED AGRICULTURAL WORKER STATUS.

  (a) Requirements for Certified Agricultural Worker Status.--
          (1) Principal aliens.--The Secretary may grant certified 
        agricultural worker status to an alien who submits a completed 
        application, including the required processing fees, before the 
        end of the period set forth in subsection (c) and who--
                  (A) performed agricultural labor or services in the 
                United States for at least 1,035 hours (or 180 work 
                days) during the 2-year period preceding the date of 
                the introduction of this Act;
                  (B) is inadmissible or deportable from the United 
                States on the date of the introduction of this Act;
                  (C) subject to section 104, 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 
                status; and
                  (D) is not otherwise ineligible for certified 
                agricultural worker status as provided in subsection 
                (b).
          (2) 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 (1) if the spouse or child is not ineligible for 
        certified agricultural dependent status as provided in 
        subsection (b).
  (b) Grounds for Ineligibility.--
          (1) Grounds of inadmissibility.--Except as provided in 
        paragraph (3), an alien is ineligible for certified 
        agricultural worker or certified agricultural dependent status 
        if the Secretary determines that the alien is inadmissible 
        under section 212(a) of the Immigration and Nationality Act (8 
        U.S.C. 1182(a)), except that in determining inadmissibility--
                  (A) paragraphs (4), (5), (7), and (9)(B) of such 
                section shall not apply;
                  (B) subparagraphs (A), (C), (D), (F), and (G) of such 
                section 212(a)(6) and paragraphs (9)(C) and (10)(B) of 
                such section 212(a) shall not apply unless based on the 
                act of unlawfully entering the United States after the 
                date of introduction of this Act; and
                  (C) paragraphs (6)(B) and (9)(A) of such section 
                212(a) shall not apply unless the relevant conduct 
                began on or after the date of filing of the application 
                for certified agricultural worker status.
          (2) Additional criminal bars.--Except as provided in 
        paragraph (3), an alien is ineligible for certified 
        agricultural worker or certified agricultural dependent status 
        if the Secretary determines that, excluding any offense under 
        State law for which an essential element is the alien's 
        immigration status and any minor traffic offense, the alien has 
        been convicted of--
                  (A) any felony offense;
                  (B) an aggravated felony (as defined in section 
                101(a)(43) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(43)) at the time of the conviction);
                  (C) two misdemeanor offenses involving moral 
                turpitude, as described in section 212(a)(2)(A)(i)(I) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1182(a)(2)(A)(i)(I)), unless an offense is waived by 
                the Secretary under paragraph (3)(B); or
                  (D) three or more misdemeanor offenses not occurring 
                on the same date, and not arising out of the same act, 
                omission, or scheme of misconduct.
          (3) Waivers for certain grounds of inadmissibility.--For 
        humanitarian purposes, family unity, or if otherwise in the 
        public interest, the Secretary may waive the grounds of 
        inadmissibility under--
                  (A) paragraph (1), (6)(E), or (10)(D) of section 
                212(a) of the Immigration and Nationality Act (8 U.S.C. 
                1182(a)); or
                  (B) subparagraphs (A) and (D) of section 212(a)(2) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1182(a)(2)), unless inadmissibility is based on a 
                conviction that would otherwise render the alien 
                ineligible under subparagraph (A), (B), or (D) of 
                paragraph (2).
  (c) Application.--
          (1) Application period.--Except as provided in paragraph (2), 
        the Secretary shall accept initial applications for certified 
        agricultural worker status during the 18-month period beginning 
        on the date on which the interim final rule is published in the 
        Federal Register pursuant to section 122(a).
          (2) Extension.--If the Secretary determines, during the 
        initial period described in paragraph (1), that additional time 
        is required to process initial applications for certified 
        agricultural worker status or for other good cause, the 
        Secretary may extend the period for accepting applications for 
        up to an additional 12 months.
          (3) Submission of applications.--
                  (A) In general.--An alien may file an application 
                with the Secretary under this section with the 
                assistance of an attorney or a nonprofit religious, 
                charitable, social service, or similar organization 
                recognized by the Board of Immigration Appeals under 
                section 292.2 of title 8, Code of Federal Regulations. 
                The Secretary shall also create a procedure for 
                accepting applications filed by qualified designated 
                entities with the consent of the applicant.
                  (B) Farm service agency offices.--The Secretary, in 
                consultation with the Secretary of Agriculture, shall 
                establish a process for the filing of applications 
                under this section at Farm Service Agency offices 
                throughout the United States.
          (4) Evidence of application filing.--As soon as practicable 
        after receiving an application for certified agricultural 
        worker status, the Secretary shall provide the applicant with a 
        document acknowledging the receipt of such application. 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 274A(b)(1)(C) of the Immigration 
        and Nationality Act (8 U.S.C. 1324a(b)(1)(C)), pending a final 
        administrative decision on the application.
          (5) Effect of pending application.--During the period 
        beginning on the date on which an alien applies for certified 
        agricultural worker status under this subtitle, and ending on 
        the date on which the Secretary makes a final administrative 
        decision regarding such application, the alien and any 
        dependents included in the application--
                  (A) may apply for advance parole, which shall be 
                granted upon demonstrating a legitimate need to travel 
                outside the United States for a temporary purpose;
                  (B) may not be detained by the Secretary or removed 
                from the United States unless the Secretary makes a 
                prima facie determination that such alien is, or has 
                become, ineligible for certified agricultural worker 
                status;
                  (C) may not be considered unlawfully present under 
                section 212(a)(9)(B) of the Immigration and Nationality 
                Act (8 U.S.C. 1182(a)(9)(B)); and
                  (D) may not be considered an unauthorized alien (as 
                defined in section 274A(h)(3) of the Immigration and 
                Nationality Act (8 U.S.C. 1324a(h)(3))).
          (6) Withdrawal of application.--The Secretary shall, upon 
        receipt of a request from the applicant to withdraw an 
        application for certified agricultural worker status under this 
        subtitle, cease processing of the application, and close the 
        case. 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 (8 U.S.C. 1101 et seq.).
  (d) Adjudication and Decision.--
          (1) In general.--Subject to section 123, the Secretary shall 
        render a decision on an application for certified agricultural 
        worker status not later than 180 days after the date the 
        application is filed.
          (2) Notice.--Prior to denying an application for certified 
        agricultural worker status, the Secretary shall provide the 
        alien with--
                  (A) written notice that describes the basis for 
                ineligibility or the deficiencies in the evidence 
                submitted; and
                  (B) at least 90 days to contest ineligibility or 
                submit additional evidence.
          (3) 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 (c) and contains 
        all the required information and fees that were missing from 
        the initial application.
  (e) Alternative h-2a Status.--An alien who has not met the required 
period of agricultural labor or services under subsection (a)(1)(A), 
but is otherwise eligible for certified agricultural worker status 
under such subsection, shall be eligible for classification as a 
nonimmigrant described in section 101(a)(15)(H)(ii)(a) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) upon 
approval of a petition submitted by a sponsoring employer, if the alien 
has performed at least 575 hours (or 100 work days) of agricultural 
labor or services during the 3-year period preceding the date of the 
introduction of this Act. The Secretary shall create a procedure to 
provide for such classification without requiring the alien to depart 
the United States and obtain a visa abroad.

SEC. 102. TERMS AND CONDITIONS OF CERTIFIED STATUS.

  (a) In General.--
          (1) Approval.--Upon approval of an application for certified 
        agricultural worker status, or an extension of such status 
        pursuant to section 103, the Secretary shall issue--
                  (A) documentary evidence of such status to the 
                applicant; and
                  (B) documentary evidence of certified agricultural 
                dependent status to any qualified dependent included on 
                such application.
          (2) Documentary evidence.--In addition to any other features 
        and information as the Secretary may prescribe, the documentary 
        evidence described in paragraph (1)--
                  (A) shall be machine-readable and tamper-resistant;
                  (B) shall contain a digitized photograph;
                  (C) shall serve as a valid travel and entry document 
                for purposes of applying for admission to the United 
                States; and
                  (D) shall be accepted during the period of its 
                validity by an employer as evidence of employment 
                authorization and identity under section 274A(b)(1)(B) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1324a(b)(1)(B)).
          (3) Validity period.--Certified agricultural worker and 
        certified agricultural dependent status shall be valid for five 
        and one-half years beginning on the date of approval.
          (4) Travel authorization.--An alien with certified 
        agricultural worker or certified agricultural dependent status 
        may--
                  (A) travel within and outside of the United States, 
                including commuting to the United States from a 
                residence in a foreign country; and
                  (B) be admitted to the United States upon return from 
                travel abroad without first obtaining a visa if the 
                alien is in possession of--
                          (i) valid, unexpired documentary evidence of 
                        certified agricultural worker or certified 
                        agricultural worker dependent status as 
                        described in subsection (a); or
                          (ii) a travel document that has been approved 
                        by the Secretary and was issued to the alien 
                        after the alien's original documentary evidence 
                        was lost, stolen, or destroyed.
  (b) Ability to Change Status.--
          (1) Change to certified agricultural worker status.--
        Notwithstanding section 101(a), an alien with valid certified 
        agricultural dependent status may apply to change to certified 
        agricultural worker status, at any time, if the alien--
                  (A) submits a completed application, including the 
                required processing fees; and
                  (B) is not ineligible for certified agricultural 
                worker status under section 101(b).
          (2) 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 eligible.
  (c) Prohibition on Public Benefits, Tax Benefits, 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 status, 
except that such aliens--
          (1) shall be ineligible for Federal means-tested public 
        benefits to the same extent as other individuals who are not 
        qualified aliens under section 431 of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1641);
          (2) are not entitled to the premium assistance tax credit 
        authorized under section 36B of the Internal Revenue Code of 
        1986 (26 U.S.C. 36B), and shall be subject to the rules 
        applicable to individuals who are not lawfully present set 
        forth in subsection (e) of such section;
          (3) shall be subject to the rules applicable to individuals 
        who are not lawfully present set forth in section 1402(e) of 
        the Patient Protection and Affordable Care Act (42 U.S.C. 
        18071(e)); and
          (4) shall be subject to the rules applicable to individuals 
        not lawfully present set forth in section 5000A(d)(3) of the 
        Internal Revenue Code of 1986 (26 U.S.C. 5000A(d)(3)).
  (d) Revocation of Status.--
          (1) In general.--The Secretary may revoke certified 
        agricultural worker or certified agricultural dependent status 
        if, after providing notice to the alien and the opportunity to 
        provide evidence to contest the proposed revocation, the 
        Secretary determines that the alien no longer meets the 
        eligibility requirements for such status under section 101(b).
          (2) Invalidation of documentation.--Upon the Secretary's 
        final determination to revoke an alien's certified agricultural 
        worker or certified agricultural dependent status, any 
        documentation issued by the Secretary to such alien under 
        subsection (a) shall automatically be rendered invalid for any 
        purpose except for departure from the United States.

SEC. 103. EXTENSIONS OF CERTIFIED STATUS.

  (a) Requirements for Extensions of Status.--
          (1) 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 application, 
        including the required processing fees, within the 120-day 
        period beginning 60 days before the expiration of the fifth 
        year of the immediately preceding grant of certified 
        agricultural worker status, if the alien--
                  (A) except as provided in subsection (b), has 
                performed agricultural labor or services in the United 
                States for at least 575 hours (or 100 work days) for 
                each of the prior five years in which the alien held 
                certified agricultural worker status; and
                  (B) has not become ineligible for certified 
                agricultural worker status under section 101(b).
          (2) 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 (1) if the spouse or 
        child is not ineligible for certified agricultural dependent 
        status under section 101(b).
          (3) Waiver for late filings.--The Secretary may waive an 
        alien's failure to timely file before the expiration of the 
        120-day period described in paragraph (1) if the alien 
        demonstrates that the delay was due to extraordinary 
        circumstances beyond the alien's control or for other good 
        cause.
  (b) Status for Workers With Pending Applications.--
          (1) In general.--Certified agricultural worker status of an 
        alien who timely files an application to extend such status 
        under subsection (a) (and the status of the alien's dependents) 
        shall be automatically extended through the date on which the 
        Secretary makes a final administrative decision regarding such 
        application.
          (2) Documentation of employment authorization.--As soon as 
        practicable after receipt of an application to extend certified 
        agricultural worker status under subsection (a), the Secretary 
        shall issue a document to the alien acknowledging the receipt 
        of such application. An employer of the worker may not refuse 
        to accept such document as evidence of employment authorization 
        under section 274A(b)(1)(C) of the Immigration and Nationality 
        Act (8 U.S.C. 1324a(b)(1)(C)), pending a final administrative 
        decision on the application.
  (c) Notice.--Prior to denying an application to extend certified 
agricultural worker status, the Secretary shall provide the alien 
with--
          (1) written notice that describes the basis for ineligibility 
        or the deficiencies of the evidence submitted; and
          (2) at least 90 days to contest ineligibility or submit 
        additional evidence.

SEC. 104. DETERMINATION OF CONTINUOUS PRESENCE.

  (a) Effect of Notice to Appear.--The continuous presence in the 
United States of an applicant for certified agricultural worker status 
under section 101 shall not terminate when the alien is served a notice 
to appear under section 239(a) of the Immigration and Nationality Act 
(8 U.S.C. 1229(a)).
  (b) Treatment of Certain Breaks in Presence.--
          (1) In general.--Except as provided in paragraphs (2) and 
        (3), 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 
        90 days, or for any periods, in the aggregate, exceeding 180 
        days.
          (2) Extensions for extenuating circumstances.--The Secretary 
        may extend the time periods described in paragraph (1) for an 
        alien who demonstrates that the failure to timely return to the 
        United States was due to extenuating circumstances beyond the 
        alien's control, including the serious illness of the alien, or 
        death or serious illness of a spouse, parent, son or daughter, 
        grandparent, or sibling of the alien.
          (3) 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 (1).

SEC. 105. EMPLOYER OBLIGATIONS.

  (a) 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 worker.
  (b) Civil Penalties.--
          (1) In general.--If the Secretary determines, after notice 
        and an opportunity for a hearing, that an employer of an alien 
        with certified agricultural worker status has knowingly failed 
        to provide the record of employment required under subsection 
        (a), or has provided a false statement of material fact in such 
        a record, the employer shall be subject to a civil penalty in 
        an amount not to exceed $500 per violation.
          (2) Limitation.--The penalty under paragraph (1) for failure 
        to provide employment records shall not apply unless the alien 
        has provided the employer with evidence of employment 
        authorization described in section 102 or 103.
          (3) Deposit of civil penalties.--Civil penalties collected 
        under this paragraph shall be deposited into the Immigration 
        Examinations Fee Account under section 286(m) of the 
        Immigration and Nationality Act (8 U.S.C. 1356(m)).

SEC. 106. ADMINISTRATIVE AND JUDICIAL REVIEW.

  (a) 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 
subtitle, an application to extend such status, or a revocation of such 
status.
  (b) Admissibility in Immigration Court.--Each record of an alien's 
application for certified agricultural worker status under this 
subtitle, application to extend such status, revocation of such status, 
and each record created pursuant to the administrative review process 
under subsection (a) is admissible in immigration court, and shall be 
included in the administrative record.
  (c) Judicial Review.--Notwithstanding any other provision of law, 
judicial review of the Secretary's decision to deny an application for 
certified agricultural worker status, an application to extend such 
status, or the decision to revoke such status, shall be limited to the 
review of an order of removal under section 242 of the Immigration and 
Nationality Act (8 U.S.C. 1252).

      Subtitle B--Optional Earned Residence for Long-term Workers

SEC. 111. OPTIONAL ADJUSTMENT OF STATUS FOR LONG-TERM AGRICULTURAL 
                    WORKERS.

  (a) Requirements for Adjustment of Status.--
          (1) 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 
        application, including the required processing and penalty 
        fees, and the Secretary determines that--
                  (A) except as provided in section 126(c), the alien 
                performed agricultural labor or services for not less 
                than 575 hours (or 100 work days) each year--
                          (i) for at least 10 years prior to the date 
                        of the enactment of this Act and for at least 4 
                        years in certified agricultural worker status; 
                        or
                          (ii) for fewer than 10 years prior to the 
                        date of the enactment of this Act and for at 
                        least 8 years in certified agricultural worker 
                        status; and
                  (B) the alien has not become ineligible for certified 
                agricultural worker status under section 101(b).
          (2) Dependent aliens.--
                  (A) In general.--The spouse and each child of an 
                alien described in paragraph (1) whose status has been 
                adjusted to that of a lawful permanent resident may be 
                granted lawful permanent residence under this subtitle 
                if--
                          (i) the qualifying relationship to the 
                        principal alien existed on the date on which 
                        such alien was granted adjustment of status 
                        under this subtitle; and
                          (ii) the spouse or child is not ineligible 
                        for certified agricultural worker dependent 
                        status under section 101(b).
                  (B) 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--
                          (i) the death of the certified agricultural 
                        worker, so long as the spouse or child submits 
                        a petition not later than 2 years after the 
                        date of the worker's death; or
                          (ii) the spouse or a child being battered or 
                        subjected to extreme cruelty by the certified 
                        agricultural worker.
          (3) 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 status.
  (b) Penalty Fee.--In addition to any processing fee that the 
Secretary may assess in accordance with section 122(b), a principal 
alien seeking adjustment of status under this subtitle shall pay a 
$1,000 penalty fee, which shall be deposited into the Immigration 
Examinations Fee Account pursuant to section 286(m) of the Immigration 
and Nationality Act (8 U.S.C.1356(m)).
  (c) Effect of Pending Application.--During the period beginning on 
the date on which an alien applies for adjustment of status under this 
subtitle, and ending on the date on which the Secretary makes a final 
administrative decision regarding such application, the alien and any 
dependents included on the application--
          (1) may apply for advance parole, which shall be granted upon 
        demonstrating a legitimate need to travel outside the United 
        States for a temporary purpose;
          (2) may not be detained by the Secretary or removed from the 
        United States unless the Secretary makes a prima facie 
        determination that such alien is, or has become, ineligible for 
        adjustment of status under subsection (a);
          (3) may not be considered unlawfully present under section 
        212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C. 
        1182(a)(9)(B)); and
          (4) may not be considered an unauthorized alien (as defined 
        in section 274A(h)(3) of the Immigration and Nationality Act (8 
        U.S.C. 1324a(h)(3))).
  (d) Evidence of Application Filing.--As soon as practicable after 
receiving an application for adjustment of status under this subtitle, 
the Secretary shall provide the applicant with a document acknowledging 
the receipt of such application. 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 274A(b)(1)(C) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(b)(1)(C)), pending a final 
administrative decision on the application.
  (e) Withdrawal of Application.--The Secretary shall, upon receipt of 
a request to withdraw an application for adjustment of status under 
this subtitle, cease processing of the application, and close the case. 
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 (8 U.S.C. 1101 et 
seq.).

SEC. 112. PAYMENT OF TAXES.

  (a) In General.--An alien may not be granted adjustment of status 
under this subtitle unless the applicant has satisfied any applicable 
Federal tax liability.
  (b) Compliance.--An alien may demonstrate compliance with subsection 
(a) by submitting such documentation as the Secretary, in consultation 
with the Secretary of the Treasury, may require by regulation.

SEC. 113. ADJUDICATION AND DECISION; REVIEW.

  (a) In General.--Subject to the requirements of section 123, the 
Secretary shall render a decision on an application for adjustment of 
status under this subtitle not later than 180 days after the date on 
which the application is filed.
  (b) Notice.--Prior to denying an application for adjustment of status 
under this subtitle, the Secretary shall provide the alien with--
          (1) written notice that describes the basis for ineligibility 
        or the deficiencies of the evidence submitted; and
          (2) at least 90 days to contest ineligibility or submit 
        additional evidence.
  (c) 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 subtitle.
  (d) Judicial Review.--Notwithstanding any other provision of law, 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 court.

                     Subtitle C--General Provisions

SEC. 121. DEFINITIONS.

  In this title:
          (1) In general.--Except as otherwise provided, any term used 
        in this title that is used in the immigration laws shall have 
        the meaning given such term in the immigration laws (as such 
        term is defined in section 101 of the Immigration and 
        Nationality Act (8 U.S.C. 1101)).
          (2) Agricultural labor or services.--The term ``agricultural 
        labor or services'' means--
                  (A) agricultural labor or services as such term is 
                used in section 101(a)(15)(H)(ii) of the Immigration 
                and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)), 
                without regard to whether the labor or services are of 
                a seasonal or temporary nature; and
                  (B) agricultural employment as such term is defined 
                in section 3 of the Migrant and Seasonal Agricultural 
                Worker Protection Act (29 U.S.C. 1802), without regard 
                to whether the specific service or activity is 
                temporary or seasonal.
          (3) Applicable federal tax liability.--The term ``applicable 
        Federal tax liability'' means all Federal income taxes assessed 
        in accordance with section 6203 of the Internal Revenue Code of 
        1986 beginning on the date on which the applicant was 
        authorized to work in the United States as a certified 
        agricultural worker.
          (4) 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 residence.
          (5) Child.--The term ``child'' has the meaning given such 
        term in section 101(b)(1) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(b)(1)).
          (6) Convicted or conviction.--The term ``convicted'' or 
        ``conviction'' does not include a judgment that has been 
        expunged or set aside, that resulted in a rehabilitative 
        disposition, or the equivalent.
          (7) Employer.--The term ``employer'' means any person or 
        entity, including any labor contractor or any agricultural 
        association, that employs workers in agricultural labor or 
        services.
          (8) Qualified designated entity.--The term ``qualified 
        designated entity'' means--
                  (A) a qualified farm labor organization or an 
                association of employers designated by the Secretary; 
                or
                  (B) any other entity that the Secretary designates as 
                having substantial experience, demonstrated competence, 
                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 (8 U.S.C. 1151 et seq.).
          (9) Secretary.--The term ``Secretary'' means the Secretary of 
        Homeland Security.
          (10) Work day.--The term ``work day'' means any day in which 
        the individual is employed 5.75 or more hours in agricultural 
        labor or services.

SEC. 122. RULEMAKING; FEES.

  (a) Rulemaking.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall publish in the Federal 
Register, an interim final rule implementing this title. 
Notwithstanding section 553 of title 5, United States Code, the rule 
shall be effective, on an interim basis, immediately upon publication, 
but may be subject to change and revision after public notice and 
opportunity for comment. The Secretary shall finalize such rule not 
later than 1 year after the date of the enactment of this Act.
  (b) Fees.--
          (1) 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 application.
          (2) Fee waiver; installments.--
                  (A) In general.--The Secretary shall establish 
                procedures to allow an alien to--
                          (i) request a waiver of any fee that the 
                        Secretary may assess under this title if the 
                        alien demonstrates to the satisfaction of the 
                        Secretary that the alien is unable to pay the 
                        prescribed fee; or
                          (ii) pay any fee or penalty that the 
                        Secretary may assess under this title in 
                        installments.
                  (B) 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 
                children.

SEC. 123. BACKGROUND CHECKS.

  (a) Submission of Biometric and Biographic Data.--The Secretary may 
not grant or extend certified agricultural worker or certified 
agricultural dependent status under subtitle A, or grant adjustment of 
status to that of a lawful permanent resident under subtitle B, unless 
the alien submits biometric and biographic data, in accordance with 
procedures established by the Secretary. The Secretary shall provide an 
alternative procedure for aliens who cannot provide all required 
biometric or biographic data because of a physical impairment.
  (b) Background Checks.--The Secretary shall use biometric, 
biographic, and other data that the Secretary determines appropriate to 
conduct security and law enforcement background checks and to determine 
whether there is any criminal, national security, or other factor that 
would render the alien ineligible for status under this title. 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 Secretary.

SEC. 124. PROTECTION FOR CHILDREN.

  (a) In General.--Except as provided in subsection (b), for purposes 
of eligibility for certified agricultural dependent status or lawful 
permanent resident status under this title, 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 Security.
  (b) Limitation.--Subsection (a) shall apply for no more than 10 years 
after the date on which the initial application for certified 
agricultural worker status is filed with the Secretary of Homeland 
Security.

SEC. 125. LIMITATION ON REMOVAL.

  (a) 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 rendered.
  (b) Aliens in Removal Proceedings.--Notwithstanding any other 
provision of the law, the Attorney General shall (upon motion by the 
Secretary with the consent of the alien, or motion by the alien) 
terminate removal proceedings, without prejudice, against an alien who 
appears to be prima facie eligible for status under this title, and 
provide such alien a reasonable opportunity to apply for such status.
  (c) 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 may, notwithstanding such order or permission to 
depart, apply for status under this title. Such alien shall not be 
required to file a separate motion to reopen, reconsider, or vacate the 
order of removal. If the Secretary approves the application, the 
Secretary shall notify the Attorney General of such approval, and the 
Attorney General shall cancel the order of removal. If the Secretary 
renders a final administrative decision to deny the application, the 
order of removal or permission to depart shall be effective and 
enforceable to the same extent as if the application had not been made, 
only after all available administrative and judicial remedies have been 
exhausted.
  (d) Effect of Departure.--Section 101(g) of the Immigration and 
Nationality Act (8 U.S.C. 1101(g)) shall not apply to an alien who 
departs the United States--
          (1) with advance permission to return to the United States 
        granted by the Secretary under this title; or
          (2) after having been granted certified agricultural worker 
        status or lawful permanent resident status under this title.

SEC. 126. DOCUMENTATION OF AGRICULTURAL WORK HISTORY.

  (a) 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 101, 103, or 111, as 
applicable. The Secretary shall establish special procedures to 
properly credit work in cases in which an alien was employed under an 
assumed name.
  (b) Evidence.--An alien may meet the burden of proof under subsection 
(a) by producing sufficient evidence to show the extent of such 
employment as a matter of just and reasonable inference. Such evidence 
may include--
          (1) an annual record of certified agricultural worker 
        employment as described in section 105(a), or other employment 
        records from employers;
          (2) employment records maintained by collective bargaining 
        associations;
          (3) tax records or other government records;
          (4) sworn affidavits from individuals who have direct 
        knowledge of the alien's work history; or
          (5) any other documentation designated by the Secretary for 
        such purpose.
  (c) Exception for Extraordinary Circumstances.--
          (1) In general.--In determining whether an alien has met the 
        requirement under section 103(a)(1)(A) or 111(a)(1)(A), the 
        Secretary may credit the alien with not more than 575 hours (or 
        100 work days) of agricultural labor or services in the United 
        States if the alien was unable to perform the required 
        agricultural labor or services due to--
                  (A) pregnancy, illness, disease, disabling injury, or 
                physical limitation of the alien;
                  (B) injury, illness, disease, or other special needs 
                of the alien's child or spouse;
                  (C) severe weather conditions that prevented the 
                alien from engaging in agricultural labor or services; 
                or
                  (D) termination from agricultural employment, if the 
                Secretary determines that--
                          (i) the termination was without just cause; 
                        and
                          (ii) the alien was unable to find alternative 
                        agricultural employment after a reasonable job 
                        search.
          (2) Effect of determination.--A determination under paragraph 
        (1)(D) shall not be conclusive, binding, 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 party.

SEC. 127. EMPLOYER PROTECTIONS.

  (a) 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 
274A(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1324a(a)(2)) by continuing to employ the alien for the duration of the 
application period under section 101(c), and with respect to an alien 
who applies for certified agricultural status, for the duration of the 
period during which the alien's application is pending final 
determination.
  (b) 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 
274A of the Immigration and Nationality Act (8 U.S.C. 1324a) or the 
Internal Revenue Code of 1986 for the prior unlawful employment of that 
alien regardless of the outcome of such application.
  (c) 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 274A 
for employing such unauthorized aliens. 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 
eligibility.
  (d) 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 fraudulent.

SEC. 128. CORRECTION OF SOCIAL SECURITY RECORDS.

  (a) In General.--Section 208(e)(1) of the Social Security Act (42 
U.S.C. 408(e)(1)) is amended--
          (1) in subparagraph (B)(ii), by striking ``or'' at the end;
          (2) in subparagraph (C), by inserting ``or'' at the end;
          (3) by inserting after subparagraph (C) the following:
          ``(D) who is granted certified agricultural worker status, 
        certified agricultural dependent status, or lawful permanent 
        resident status under title I of the Farm Work Modernization 
        Act of 2019,''; and
          (4) in the undesignated matter following subparagraph (D), as 
        added by paragraph (3), by striking ``1990.'' and inserting 
        ``1990, or in the case of an alien described in subparagraph 
        (D), 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 2019.''.
  (b) Effective Date.--The amendments made by subsection (a) shall take 
effect on the first day of the seventh month that begins after the date 
of the enactment of this Act.

SEC. 129. DISCLOSURES AND PRIVACY.

  (a) 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 (including information provided 
during administrative or judicial review) for the purpose of 
immigration enforcement.
  (b) Referrals Prohibited.--The Secretary, based solely on information 
provided in an application for certified agricultural worker status or 
adjustment of status under this title (including information provided 
during administrative or judicial review), may not refer an applicant 
to U.S. Immigration and Customs Enforcement, U.S. Customs and Border 
Protection, or any designee of either such entity.
  (c) Exceptions.--Notwithstanding subsections (a) and (b), 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--
          (1) for assistance in the consideration of an application 
        under this title;
          (2) to identify or prevent fraudulent claims or schemes;
          (3) for national security purposes; or
          (4) for the investigation or prosecution of any felony not 
        related to immigration status.
  (d) Penalty.--Any person who knowingly uses, publishes, or permits 
information to be examined in violation of this section shall be fined 
not more than $10,000.
  (e) Privacy.--The Secretary shall ensure that appropriate 
administrative and physical safeguards are in place to protect the 
security, confidentiality, and integrity of personally identifiable 
information collected, maintained, and disseminated pursuant to this 
title.

SEC. 130. PENALTIES FOR FALSE STATEMENTS IN APPLICATIONS.

  (a) Criminal Penalty.--Any person who--
          (1) files an application for certified agricultural worker 
        status or adjustment of status under this title and knowingly 
        falsifies, conceals, or covers up a material fact or makes any 
        false, fictitious, or fraudulent statements or representations, 
        or makes or uses any false writing or document knowing the same 
        to contain any false, fictitious, or fraudulent statement or 
        entry; or
          (2) creates or supplies a false writing or document for use 
        in making such an application,
shall be fined in accordance with title 18, United States Code, 
imprisoned not more than 5 years, or both.
  (b) Inadmissibility.--An alien who is convicted under subsection (a) 
shall be deemed inadmissible to the United States under section 
212(a)(6)(C)(i) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(6)(C)(i)).
  (c) Deposit.--Fines collected under subsection (a) shall be deposited 
into the Immigration Examinations Fee Account pursuant to section 
286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)).

SEC. 131. DISSEMINATION OF INFORMATION.

  (a) In General.--Beginning not later than the first day of the 
application period described in section 101(c)--
          (1) the Secretary of Homeland Security, in cooperation with 
        qualified designated entities, shall broadly disseminate 
        information described in subsection (b); and
          (2) the Secretary of Agriculture, in consultation with the 
        Secretary of Homeland Security, shall disseminate to 
        agricultural employers a document containing the information 
        described in subsection (b) for posting at employer worksites.
  (b) Information Described.--The information described in this 
subsection shall include--
          (1) the benefits that aliens may receive under this title; 
        and
          (2) the requirements that an alien must meet to receive such 
        benefits.

SEC. 132. EXEMPTION FROM NUMERICAL LIMITATIONS.

   The numerical limitations under title II of the Immigration and 
Nationality Act (8 U.S.C. 1151 et seq.) shall not apply to the 
adjustment of aliens to lawful permanent resident status under this 
title, and such aliens shall not be counted toward any such numerical 
limitation.

SEC. 133. REPORTS TO CONGRESS.

  Not later than 180 days after the publication of the final rule under 
section 122(a), and annually thereafter for the following 10 years, the 
Secretary shall submit a report to Congress that identifies, for the 
previous fiscal year--
          (1) the number of principal aliens who applied for certified 
        agricultural worker status under subtitle A, and the number of 
        dependent spouses and children included in such applications;
          (2) the number of principal aliens who were granted certified 
        agricultural worker status under subtitle A, and the number of 
        dependent spouses and children who were granted certified 
        agricultural dependent status;
          (3) the number of principal aliens who applied for an 
        extension of their certified agricultural worker status under 
        subtitle A, and the number of dependent spouses and children 
        included in such applications;
          (4) the number of principal aliens who were granted an 
        extension of certified agricultural worker status under 
        subtitle A, and the number of dependent spouses and children 
        who were granted certified agricultural dependent status under 
        such an extension;
          (5) the number of principal aliens who applied for adjustment 
        of status under subtitle B, and the number of dependent spouses 
        and children included in such applications;
          (6) the number of principal aliens who were granted lawful 
        permanent resident status under subtitle B, and the number of 
        spouses and children who were granted such status as 
        dependents;
          (7) the number of principal aliens included in petitions 
        described in section 101(e), and the number of dependent 
        spouses and children included in such applications; and
          (8) the number of principal aliens who were granted H-2A 
        status pursuant to petitions described in section 101(e), and 
        the number of dependent spouses and children who were granted 
        H-4 status.

SEC. 134. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.

  (a) Establishment.--The Secretary shall establish a program to award 
grants, on a competitive basis, to eligible nonprofit organizations to 
assist eligible applicants under this title by providing them with the 
services described in subsection (c).
  (b) Eligible Nonprofit Organization.--For purposes of this section, 
the term ``eligible nonprofit organization'' means an organization 
described in section 501(c)(3) of the Internal Revenue Code of 1986 
(excluding a recipient of funds under title X of the Economic 
Opportunity Act of 1964 (42 U.S.C. 2996 et seq.)) that has demonstrated 
qualifications, experience, and expertise in providing quality services 
to farm workers or aliens.
  (c) Use of Funds.--Grant funds awarded under this section may be used 
for the design and implementation of programs that provide--
          (1) information to the public regarding the eligibility and 
        benefits of certified agricultural worker status authorized 
        under this title; and
          (2) assistance, within the scope of authorized practice of 
        immigration law, to individuals submitting applications for 
        certified agricultural worker status or adjustment of status 
        under this title, including--
                  (A) screening prospective applicants to assess their 
                eligibility for such status;
                  (B) completing applications, including providing 
                assistance in obtaining necessary documents and 
                supporting evidence; and
                  (C) 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 title.
  (d) Source of Funds.--In addition to any funds appropriated to carry 
out this section, the Secretary may use up to $10,000,000 from the 
Immigration Examinations Fee Account under section 286(m) of the 
Immigration and Nationality Act (8 U.S.C. 1356(m)) to carry out this 
section.
  (e) Eligibility for Services.--Section 504(a)(11) of Public Law 104-
134 (110 Stat. 1321-53 et seq.) shall not be construed to prevent a 
recipient of funds under title X of the Economic Opportunity Act of 
1964 (42 U.S.C. 2996 et seq.) from providing legal assistance directly 
related to an application for status under this title or to an alien 
granted such status.

SEC. 135. AUTHORIZATION OF APPROPRIATIONS.

  There is authorized to be appropriated to the Secretary, such sums as 
may be necessary to implement this title, including any amounts needed 
for costs associated with the initiation of such implementation, for 
each of fiscal years 2020 through 2022.

      TITLE II--ENSURING AN AGRICULTURAL WORKFORCE FOR THE FUTURE

        Subtitle A--Reforming the H-2A Temporary Worker Program

SEC. 201. COMPREHENSIVE AND STREAMLINED ELECTRONIC H-2A PLATFORM.

  (a) Streamlined h-2a Platform.--
          (1) In general.--Not later than 12 months after the date of 
        the enactment of this Act, the Secretary of Homeland Security, 
        in consultation with the Secretary of Labor, the Secretary of 
        Agriculture, the Secretary of State, and United States Digital 
        Service, shall ensure the establishment of an electronic 
        platform through which a petition for an H-2A worker may be 
        filed. Such platform shall--
                  (A) 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-2A 
                petition by the Secretary of Homeland Security;
                  (B) serve as a single point of access for the 
                Secretary of Homeland Security, the Secretary of Labor, 
                and State workforce agencies to concurrently perform 
                their respective review and adjudicatory 
                responsibilities in the H-2A process;
                  (C) facilitate communication between employers and 
                agency adjudicators, including by allowing employers 
                to--
                          (i) receive and respond to notices of 
                        deficiency and requests for information;
                          (ii) submit requests for inspections and 
                        licensing;
                          (iii) receive notices of approval and denial; 
                        and
                          (iv) request reconsideration or appeal of 
                        agency decisions; and
                  (D) provide information to the Secretary of State and 
                U.S. Customs and Border Protection necessary for the 
                efficient and secure processing of H-2A visas and 
                applications for admission.
          (2) Objectives.--In developing the platform described in 
        paragraph (1), the Secretary of Homeland Security, in 
        consultation with the Secretary of Labor, the Secretary of 
        Agriculture, the Secretary of State, and United States Digital 
        Service, shall streamline and improve the H-2A process, 
        including by--
                  (A) eliminating the need for employers to submit 
                duplicate information and documentation to multiple 
                agencies;
                  (B) eliminating redundant processes, where a single 
                matter in a petition is adjudicated by more than one 
                agency;
                  (C) reducing the occurrence of common petition 
                errors, and otherwise improving and expediting the 
                processing of H-2A petitions; and
                  (D) ensuring compliance with H-2A program 
                requirements and the protection of the wages and 
                working conditions of workers.
  (b) Online Job Registry.--The Secretary of Labor shall maintain a 
national, publicly-accessible online job registry and database of all 
job orders submitted by H-2A employers. The registry and database 
shall--
          (1) be searchable using relevant criteria, including the 
        types of jobs needed to be filled, the date(s) and location(s) 
        of need, and the employer(s) named in the job order;
          (2) provide an interface for workers in English, Spanish, and 
        any other language that the Secretary of Labor determines to be 
        appropriate; and
          (3) provide for public access of job orders approved under 
        section 218(h)(2) of the Immigration and Nationality Act.

SEC. 202. H-2A PROGRAM REQUIREMENTS.

  Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188) is 
amended to read as follows:

``SEC. 218. ADMISSION OF TEMPORARY H-2A WORKERS.

  ``(a) Labor Certification Conditions.--The Secretary of Homeland 
Security may not approve a petition to admit an H-2A worker unless the 
Secretary of Labor has certified that--
          ``(1) there are not sufficient United States workers who are 
        able, willing and qualified, and who will be available at the 
        time and place needed, to perform the agricultural labor or 
        services described in the petition; and
          ``(2) the employment of the H-2A worker in such labor or 
        services will not adversely affect the wages and working 
        conditions of workers in the United States who are similarly 
        employed.
  ``(b) H-2a Petition Requirements.--An employer filing a petition for 
an H-2A worker to perform agricultural labor or services shall attest 
to and demonstrate compliance, as and when appropriate, with all 
applicable requirements under this section, including the following:
          ``(1) 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 performed, the anticipated period or periods (expected 
        start and end dates) for which the workers will be needed, and 
        the number of job opportunities in which the employer seeks to 
        employ the workers.
          ``(2) 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-2A worker 
        and during the 60-day period immediately preceding such period 
        of employment in the job for which the employer seeks approval 
        to employ the H-2A worker.
          ``(3) Strike or lockout.--Each place of employment described 
        in the petition is not, at the time of filing the petition and 
        until the petition is approved, subject to a strike or lockout 
        in the course of a labor dispute.
          ``(4) Recruitment of united states workers.--The employer 
        shall engage in the recruitment of United States workers as 
        described in subsection (c) and shall hire such workers who are 
        able, willing and qualified, and who will be available at the 
        time and place needed, to perform the agricultural labor or 
        services described in the petition. The employer may reject a 
        United States worker only for lawful, job-related reasons.
          ``(5) Wages, benefits, and working conditions.--The employer 
        shall offer and provide, at a minimum, the wages, benefits, and 
        working conditions required by this section to the H-2A worker 
        and all United States workers who are similarly employed. The 
        employer--
                  ``(A) shall offer such United States workers not less 
                than the same benefits, wages, and working conditions 
                that the employer is offering or will provide to the H-
                2A worker; and
                  ``(B) may not impose on such United States workers 
                any restrictions or obligations that will not be 
                imposed on the H-2A worker.
          ``(6) Workers' compensation.--If the job opportunity is not 
        covered by or is exempt from the State workers' compensation 
        law, the employer shall provide, at no cost to the worker, 
        insurance covering injury and disease arising out of, and in 
        the course of, the worker's employment which will provide 
        benefits at least equal to those provided under the State 
        workers' compensation law.
          ``(7) Compliance with labor and employment laws.--The 
        employer shall comply with all applicable Federal, State and 
        local employment-related laws and regulations.
  ``(c) Recruiting Requirements.--
          ``(1) In general.--The employer may satisfy the recruitment 
        requirement described in subsection (b)(4) by satisfying all of 
        the following:
                  ``(A) Job order.--As provided in subsection (h)(1), 
                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 agency. Such posting shall remain on the job 
                registry as an active job order through the period 
                described in paragraph (2)(B).
                  ``(B) Former workers.--At least 45 days before each 
                start date identified in the petition, the employer 
                shall--
                          ``(i) 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-2A 
                        worker is sought (excluding workers who were 
                        terminated for cause or abandoned the 
                        worksite); and
                          ``(ii) post such job opportunity in a 
                        conspicuous location or locations at the place 
                        of employment.
                  ``(C) Positive recruitment.--During the period of 
                recruitment, the employer shall complete any other 
                positive recruitment steps within a multi-State region 
                of traditional or expected labor supply where the 
                Secretary of Labor finds that there are a significant 
                number of qualified United States workers who, if 
                recruited, would be willing to make themselves 
                available for work at the time and place needed.
          ``(2) Period of recruitment.--
                  ``(A) In general.--For purposes of this subsection, 
                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-2A workers depart for the 
                employer's place of employment. For a petition 
                involving more than 1 start date under subsection 
                (h)(1)(C), the end of the period of recruitment shall 
                be determined by the date of departure of the H-2A 
                workers for the final start date identified in the 
                petition.
                  ``(B) Requirement to hire us workers.--
                          ``(i) In general.--Notwithstanding the 
                        limitations of subparagraph (A), 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--
                                  ``(I) the date that is 30 days after 
                                the date on which work begins; or
                                  ``(II) the date on which--
                                          ``(aa) 33 percent of the work 
                                        contract for the job 
                                        opportunity has elapsed; or
                                          ``(bb) if the employer is a 
                                        labor contractor, 50 percent of 
                                        the work contract for the job 
                                        opportunity has elapsed.
                          ``(ii) Staggered entry.--For a petition 
                        involving more than 1 start date under 
                        subsection (h)(1)(C), each start date 
                        designated in the petition shall establish a 
                        separate job opportunity. An employer may not 
                        reject a United States worker because the 
                        worker is unable or unwilling to fill more than 
                        1 job opportunity included in the petition.
                          ``(iii) Exception.--Notwithstanding clause 
                        (i), the employer may offer a job opportunity 
                        to an H-2A worker instead of an alien granted 
                        certified agricultural worker status under 
                        title I of the Farm Workforce Modernization Act 
                        of 2019 if the H-2A worker was employed by the 
                        employer in each of 3 years during the most 
                        recent 4-year period.
          ``(3) Recruitment report.--
                  ``(A) In general.--The employer shall maintain a 
                recruitment report through the applicable period 
                described in paragraph (2)(B) and submit regular 
                updates through the electronic platform on the results 
                of recruitment. The employer shall retain the 
                recruitment report, and all associated recruitment 
                documentation, for a period of 3 years from the date of 
                certification.
                  ``(B) Burden of proof.--If the employer asserts that 
                any eligible individual who has applied or been 
                referred is not able, willing or qualified, the 
                employer bears the burden of proof to establish that 
                the individual is not able, willing or qualified 
                because of a lawful, employment-related reason.
  ``(d) Wage Requirements.--
          ``(1) In general.--Each employer under this section will 
        offer the worker, during the period of authorized employment, 
        wages that are at least the greatest of--
                  ``(A) the agreed-upon collective bargaining wage;
                  ``(B) the adverse effect wage rate (or any successor 
                wage established under paragraph (7));
                  ``(C) the prevailing wage (hourly wage or piece 
                rate); or
                  ``(D) the Federal or State minimum wage.
          ``(2) Adverse effect wage rate determinations.--
                  ``(A) In general.--Except as provided under 
                subparagraph (B), the applicable adverse effect wage 
                rate for each State and occupational classification for 
                a calendar year shall be as follows:
                          ``(i) 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 Secretary.
                          ``(ii) If a wage described in clause (i) is 
                        not reported, 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 
                        Secretary.
                          ``(iii) If a wage described in clause (i) or 
                        (ii) is not reported, 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 Secretary.
                          ``(iv) If a wage described in clause (i), 
                        (ii), or (iii) is not reported, the national 
                        average hourly wage for the occupational 
                        classification as reported by the Secretary of 
                        Labor based on a wage survey conducted by such 
                        Secretary.
                  ``(B) Limitations on wage fluctuations.--
                          ``(i) Wage freeze for calendar year 2020.--
                        For calendar year 2020, 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-2A workers in the applicable State in 
                        calendar year 2019.
                          ``(ii) Calendar years 2021 through 2029.--For 
                        each of calendar years 2021 through 2029, the 
                        adverse effect wage rate for each State and 
                        occupational classification under this 
                        subsection shall be the wage calculated under 
                        subparagraph (A), except that such wage may 
                        not--
                                  ``(I) be more than 1.5 percent lower 
                                than the wage in effect for H-2A 
                                workers in the applicable State and 
                                occupational classification in the 
                                immediately preceding calendar year;
                                  ``(II) except as provided in clause 
                                (III), be more than 3.25 percent higher 
                                than the wage in effect for H-2A 
                                workers in the applicable State and 
                                occupational classification in the 
                                immediately preceding calendar year; 
                                and
                                  ``(III) if the application of clause 
                                (II) results in a wage that is lower 
                                than 110 percent of the applicable 
                                Federal or State minimum wage, be more 
                                than 4.25 percent higher than the wage 
                                in effect for H-2A workers in the 
                                applicable State and occupational 
                                classification in the immediately 
                                preceding calendar year.
                          ``(iii) Calendar years after 2029.--For any 
                        calendar year after 2029, the applicable wage 
                        rate described in paragraph (1)(B) shall be the 
                        wage rate established pursuant to paragraph 
                        (7)(D). Until such wage rate is effective, the 
                        adverse effect wage rate for each State and 
                        occupational classification under this 
                        subsection shall be the wage calculated under 
                        subparagraph (A), except that such wage may not 
                        be more than 1.5 percent lower or 3.25 percent 
                        higher than the wage in effect for H-2A workers 
                        in the applicable State and occupational 
                        classification in the immediately preceding 
                        calendar year.
          ``(3) Multiple occupations.--If the primary job duties for 
        the job opportunity described in the petition do not fall 
        within a single occupational classification, the applicable 
        wage rates under subparagraphs (B) and (C) of paragraph (1) for 
        the job opportunity shall be based on the highest such wage 
        rates for all applicable occupational classifications.
          ``(4) Publication; wages in effect.--
                  ``(A) Publication.--Prior to the start of each 
                calendar year, the Secretary of Labor shall publish the 
                applicable adverse effect wage rate (or successor wage 
                rate, if any), and prevailing wage if available, for 
                each State and occupational classification through 
                notice in the Federal Register.
                  ``(B) Job orders in effect.--Except as provided in 
                subparagraph (C), 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 publication.
                  ``(C) 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 (i), and the updated wage is 
                higher than the wage rate guaranteed in the work 
                contract, the employer shall pay the updated wage not 
                later than 14 days after publication of the updated 
                wage in the Federal Register.
          ``(5) Workers paid on a piece rate or other incentive 
        basis.--If an employer pays by the piece rate or other 
        incentive method and requires 1 or more minimum productivity 
        standards as a condition of job retention, such standards shall 
        be specified in the job order and shall be no more than those 
        normally required (at the time of the first petition for H-2A 
        workers) by other employers for the activity in the area of 
        intended employment, unless the Secretary of Labor approves a 
        higher minimum standard resulting from material changes in 
        production methods.
          ``(6) Guarantee of employment.--
                  ``(A) 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 employment, 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 
                offer. For purposes of this subparagraph, 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 holidays. If the employer 
                affords the worker less employment than that required 
                under this paragraph, the employer shall pay the worker 
                the amount which the worker would have earned had the 
                worker, in fact, worked for the guaranteed number of 
                hours.
                  ``(B) Failure to work.--Any hours which the worker 
                fails to work, up to a maximum of the number of hours 
                specified in the job offer for a work day, when the 
                worker has been offered an opportunity to do so, and 
                all hours of work actually performed (including 
                voluntary work in excess of the number of hours 
                specified in the job offer in a work day, on the 
                worker's Sabbath, or on Federal holidays) may be 
                counted by the employer in calculating whether the 
                period of guaranteed employment has been met.
                  ``(C) Abandonment of employment; termination for 
                cause.--If the worker voluntarily abandons employment 
                without good cause before the end of the contract 
                period, or is terminated for cause, the worker is not 
                entitled to the guarantee of employment described in 
                subparagraph (A).
                  ``(D) Contract impossibility.--If, before the 
                expiration of the period of employment specified in the 
                job offer, 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 (A) is fulfilled, the 
                employer may terminate the worker's employment. In the 
                event of such termination, the employer shall fulfill 
                the employment guarantee in subparagraph (A) for the 
                work days that have elapsed from the first work day 
                after the arrival of the worker to the termination of 
                employment. The employer shall make efforts to transfer 
                a United States worker to other comparable employment 
                acceptable to the worker. If such transfer is not 
                affected, the employer shall provide the return 
                transportation required in subsection (f)(2).
          ``(7) Wage standards after 2029.--
                  ``(A) Study of adverse effect wage rate.--Beginning 
                in fiscal year 2026, the Secretary of Agriculture and 
                Secretary of Labor shall jointly conduct a study that 
                addresses--
                          ``(i) whether the employment of H-2A workers 
                        has depressed the wages of United States farm 
                        workers;
                          ``(ii) whether an adverse effect wage rate is 
                        necessary to protect the wages of United States 
                        farm workers in occupations in which H-2A 
                        workers are employed;
                          ``(iii) whether alternative wage standards 
                        would be sufficient to prevent wages in 
                        occupations in which H-2A workers are employed 
                        from falling below the wage level that would 
                        have prevailed in the absence of H-2A 
                        employment;
                          ``(iv) whether any changes are warranted in 
                        the current methodologies for calculating the 
                        adverse effect wage rate and the prevailing 
                        wage rate; and
                          ``(v) recommendations for future wage 
                        protection under this section.
                  ``(B) Final report.--Not later than October 1, 2027, 
                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 (A) and recommendations 
                for future wage protections under this section.
                  ``(C) Consultation.--In conducting the study under 
                subparagraph (A) and preparing the report under 
                subparagraph (B), the Secretary of Agriculture and 
                Secretary of Labor shall consult with representatives 
                of agricultural employers and an equal number of 
                representatives of agricultural workers, at the 
                national, State and local level.
                  ``(D) Wage determination after 2029.--Upon 
                publication of the report described in subparagraph 
                (B), the Secretary of Labor, in consultation with and 
                the approval of the Secretary of Agriculture, shall 
                make a rule to establish a process for annually 
                determining the wage rate for purposes of paragraph 
                (1)(B) for fiscal years after 2029. Such process shall 
                be designed to ensure that the employment of H-2A 
                workers does not undermine the wages and working 
                conditions of similarly employed United States workers.
  ``(e) Housing Requirements.--Employers shall furnish housing in 
accordance with regulations established by the Secretary of Labor. Such 
regulations shall be consistent with the following:
          ``(1) 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 
        habitation: Provided, That in the absence of applicable local 
        standards, State standards for rental and/or public 
        accommodations or other substantially similar class of 
        habitation shall be met: Provided further, That in the absence 
        of applicable local or State standards, Federal temporary labor 
        camp standards shall apply.
          ``(2) Family housing.--Except as otherwise provided in 
        subsection (i)(5), 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 housing.
          ``(3) United states workers.--Notwithstanding paragraphs (1) 
        and (2), an employer is not required to provide housing to 
        United States workers who are reasonably able to return to 
        their residence within the same day.
          ``(4) Timing of inspection.--
                  ``(A) 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 worker.
                  ``(B) Timely inspection.--The Secretary of Labor 
                shall provide a process for--
                          ``(i) an employer to request inspection of 
                        housing up to 60 days before the date on which 
                        the employer will file a petition under this 
                        section; and
                          ``(ii) annual inspection of housing for 
                        workers who are engaged in agricultural 
                        employment that is not of a seasonal or 
                        temporary nature.
  ``(f) Transportation Requirements.--
          ``(1) Travel to place of employment.--A worker who completes 
        50 percent of the period of employment specified in the job 
        order 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 (or place of 
        last employment, if the worker traveled from such place) to the 
        place of employment.
          ``(2) Travel from place of employment.--For a worker who 
        completes the period of employment specified in the job order 
        or who is terminated without cause, the employer shall provide 
        or pay for the worker's transportation and subsistence from the 
        place of employment to the place from which the worker, 
        disregarding intervening employment, came to work for the 
        employer, or to the place of next employment, 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 employment.
          ``(3) Limitation.--
                  ``(A) Amount of reimbursement.--Except as provided in 
                subparagraph (B), the amount of reimbursement provided 
                under paragraph (1) or (2) to a worker need not exceed 
                the lesser of--
                          ``(i) the actual cost to the worker of the 
                        transportation and subsistence involved; or
                          ``(ii) the most economical and reasonable 
                        common carrier transportation charges and 
                        subsistence costs for the distance involved.
                  ``(B) Distance traveled.--For travel to or from the 
                worker's home country, if the travel distance between 
                the worker's home and the relevant consulate is 50 
                miles or less, reimbursement for transportation and 
                subsistence may be based on transportation to or from 
                the consulate.
  ``(g) Heat Illness Prevention Plan.--The employer shall maintain a 
reasonable plan that describes the employer's procedures for the 
prevention of heat illness, including appropriate training, access to 
water and shade, the provision of breaks, and the protocols for 
emergency response. Such plan shall--
          ``(1) be in writing in English and, to the extent necessary, 
        any language common to a significant portion of the workers if 
        they are not fluent in English; and
          ``(2) be posted at a conspicuous location at the worksite and 
        provided to employees prior to the commencement of labor or 
        services.
  ``(h) H-2a Petition Procedures.--
          ``(1) Submission of petition and job order.--
                  ``(A) In general.--The employer shall submit 
                information required for the adjudication of the H-2A 
                petition, including a job order, through the electronic 
                platform no more than 75 calendar days and no fewer 
                than 60 calendar days before the employer's first date 
                of need specified in the petition.
                  ``(B) Filing by agricultural associations.--An 
                association of agricultural producers that use 
                agricultural services may file an H-2A petition under 
                subparagraph (A). If an association is a joint or sole 
                employer of workers who perform agricultural labor or 
                services, H-2A 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 approved.
                  ``(C) Petitions involving staggered entry.--
                          ``(i) In general.--Except as provided in 
                        clause (ii), an employer may file a petition 
                        involving employment in the same occupational 
                        classification and same area of intended 
                        employment with multiple start dates if--
                                  ``(I) the petition involves temporary 
                                or seasonal employment and no more than 
                                10 start dates;
                                  ``(II) the multiple start dates share 
                                a common end date that is no longer 
                                than 1 year after the first start date;
                                  ``(III) no more than 120 days 
                                separate the first start date and the 
                                final start date listed in the 
                                petition; and
                                  ``(IV) the need for multiple start 
                                dates arises from variations in labor 
                                needs associated with the job 
                                opportunity identified in the petition.
                          ``(ii) Labor contractors.--A labor contractor 
                        may not file a petition described in clause (i) 
                        unless the labor contractor--
                                  ``(I) is filing as a joint employer 
                                with its contractees, or is operating 
                                in a State in which joint employment 
                                and liability between the labor 
                                contractor and its contractees is 
                                otherwise established; or
                                  ``(II) has posted and is maintaining 
                                a premium surety bond as described in 
                                subsection (l)(1).
          ``(2) Labor certification.--
                  ``(A) Review of job order.--
                          ``(i) In general.--The Secretary of Labor, in 
                        consultation with the relevant State workforce 
                        agency, shall review the job order for 
                        compliance with this section and notify the 
                        employer through the electronic platform of any 
                        deficiencies not later than 7 business days 
                        from the date the employer submits the 
                        necessary information required under paragraph 
                        (1)(A). The employer shall be provided 5 
                        business days to respond to any such notice of 
                        deficiency.
                          ``(ii) Standard.--The job order must include 
                        all material terms and conditions of 
                        employment, including the requirements of this 
                        section, and must be otherwise consistent with 
                        the minimum standards provided under Federal, 
                        State or local law. In considering the question 
                        of whether a specific qualification is 
                        appropriate in a job order, the Secretary of 
                        Labor shall apply the normal and accepted 
                        qualification required by non-H-2A employers in 
                        the same or comparable occupations and crops.
                          ``(iii) 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 
                        (i).
                  ``(B) Approval of job order.--
                          ``(i) In general.--Upon approval of the job 
                        order, the Secretary of Labor shall immediately 
                        place for public examination a copy of the job 
                        order on the online job registry, and the State 
                        workforce agency serving the area of intended 
                        employment shall commence the recruitment of 
                        United States workers.
                          ``(ii) Referral of united states workers.--
                        The Secretary of Labor and State workforce 
                        agency shall keep the job order active until 
                        the end of the period described in subsection 
                        (c)(2) and shall refer to the employer each 
                        United States worker who applies for the job 
                        opportunity.
                  ``(C) Review of information for deficiencies.--Within 
                7 business days of the approval of the job order, the 
                Secretary of Labor 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 approval. 
                Such notification shall include a description of any 
                deficiency, and the employer shall be provided 5 
                business days to cure such deficiency.
                  ``(D) Certification and authorization of workers.--
                Not later than 30 days before the date that labor or 
                services are first required to be performed, the 
                Secretary of Labor shall issue the requested labor 
                certification if the Secretary determines that the 
                requirements for certification set forth in this 
                section have been met.
                  ``(E) 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 section, or the revocation of 
                such a certification. Such procedure shall require the 
                Secretary to expeditiously, but no later than 72 hours 
                after expedited review is requested, issue a de novo 
                determination on a labor certification that was denied 
                in whole or in part because of the availability of 
                able, willing and qualified workers if the employer 
                demonstrates, consistent with subsection (c)(3)(B), 
                that such workers are not actually available at the 
                time or place such labor or services are required.
          ``(3) Petition decision.--
                  ``(A) In general.--Not later than 7 business days 
                after the Secretary of Labor issues the certification, 
                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 platform.
                  ``(B) Approval.--Upon approval of a petition under 
                this section, 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 
                U.S. Customs and Border Protection, as necessary, to 
                facilitate visa issuance and admission.
                  ``(C) Partial approval.--A petition for multiple 
                named beneficiaries may be partially approved with 
                respect to eligible beneficiaries notwithstanding the 
                ineligibility, or potential ineligibility, of one or 
                more other beneficiaries.
                  ``(D) Post-certification amendments.--The Secretary 
                of Labor shall provide a process for amending a request 
                for labor certification in conjunction with an H-2A 
                petition, subsequent to certification by the Secretary 
                of Labor, in cases in which the requested amendment 
                does not materially change the petition (including the 
                job order).
          ``(4) Roles of agricultural associations.--
                  ``(A) 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 
                member, the denial shall apply only to that member of 
                the association unless the Secretary of Labor 
                determines that the association or other member 
                participated in, had knowledge of, or reason to know 
                of, the violation.
                  ``(B) Association's violation does not necessarily 
                disqualify members.--
                          ``(i) 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 association, 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 in, had 
                        knowledge of, or reason to know of, the 
                        violation.
                          ``(ii) 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 association, no individual 
                        producer member of such association may be the 
                        beneficiary of the services of H-2A 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 
                        force, 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 member.
          ``(5) Special procedures.--The Secretary of Labor, in 
        consultation with the Secretary of Agriculture and Secretary of 
        Homeland Security, may by regulation establish alternate 
        procedures that reasonably modify program requirements under 
        this section, when the Secretary determines that such 
        modifications are required due to the unique nature of the work 
        involved.
          ``(6) Construction occupations.--An employer may not file a 
        petition under this section on behalf of a worker if the 
        majority of the worker's duties will fall within a construction 
        or extraction occupational classification.
  ``(i) Non-temporary or -seasonal Needs.--
          ``(1) In general.--Notwithstanding the requirement in section 
        101(a)(15)(H)(ii)(a) that the agricultural labor or services 
        performed by an H-2A worker be of a temporary or seasonal 
        nature, the Secretary of Homeland Security may, consistent with 
        the provisions of this subsection, approve a petition for an H-
        2A worker to perform agricultural services or labor that is not 
        of a temporary or seasonal nature.
          ``(2) Numerical limitations.--
                  ``(A) First 3 fiscal years.--The total number of 
                aliens who may be issued visas or otherwise provided H-
                2A nonimmigrant status under paragraph (1) 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 20,000.
                  ``(B) Fiscal years 4 through 10.--
                          ``(i) In general.--The total number of aliens 
                        who may be issued visas or otherwise provided 
                        H-2A nonimmigrant status under paragraph (1) 
                        for the first fiscal year following the fiscal 
                        years referred to in subparagraph (A) 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 (ii).
                          ``(ii) Annual adjustments.--For each fiscal 
                        year referred to in clause (i), the Secretary 
                        of Agriculture and Secretary of Labor, in 
                        consultation with the Secretary of Homeland 
                        Security, shall establish a numerical 
                        limitation for purposes of clause (i). Such 
                        numerical limitation may not be lower 20,000 
                        and may not vary by more than 12.5 percent 
                        compared to the numerical limitation applicable 
                        to the immediately preceding fiscal year. In 
                        establishing such numerical limitation, the 
                        Secretaries shall consider appropriate factors, 
                        including--
                                  ``(I) a demonstrated shortage of 
                                agricultural workers;
                                  ``(II) the level of unemployment and 
                                underemployment of agricultural workers 
                                during the preceding fiscal year;
                                  ``(III) the number of H-2A workers 
                                sought by employers during the 
                                preceding fiscal year to engage in 
                                agricultural labor or services not of a 
                                temporary or seasonal nature;
                                  ``(IV) the number of such H-2A 
                                workers issued a visa in the most 
                                recent fiscal year who remain in the 
                                United States in compliance with the 
                                terms of such visa;
                                  ``(V) the estimated number of United 
                                States workers, including workers who 
                                obtained certified agricultural worker 
                                status under title I of the Farm 
                                Workforce Modernization Act of 2019, 
                                who worked during the preceding fiscal 
                                year in agricultural labor or services 
                                not of a temporary or seasonal nature;
                                  ``(VI) the number of such United 
                                States workers who accepted jobs 
                                offered by employers using the online 
                                job registry during the preceding 
                                fiscal year;
                                  ``(VII) any growth or contraction of 
                                the United States agricultural industry 
                                that has increased or decreased the 
                                demand for agricultural workers; and
                                  ``(VIII) any changes in the real 
                                wages paid to agricultural workers in 
                                the United States as an indication of a 
                                shortage or surplus of agricultural 
                                labor.
                  ``(C) Subsequent fiscal years.--For each fiscal year 
                following the fiscal years referred to in subparagraph 
                (B), the Secretary of Agriculture and Secretary of 
                Labor shall jointly determine, in consultation with the 
                Secretary of Homeland Security, and after considering 
                appropriate factors, including those factors listed in 
                subclauses (I) through (VIII) of subparagraph (B)(ii), 
                whether to establish a numerical limitation for that 
                fiscal year. If a numerical limitation is so 
                established--
                          ``(i) 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 established; and
                          ``(ii) the total number of aliens who may be 
                        issued visas or otherwise provided H-2A 
                        nonimmigrant status under paragraph (1) for 
                        that fiscal year may not exceed such numerical 
                        limitation.
                  ``(D) Emergency procedures.--The Secretary of 
                Agriculture and Secretary of Labor, in consultation 
                with the Secretary of Homeland Security, shall jointly 
                establish by regulation procedures for immediately 
                adjusting a numerical limitation imposed under 
                subparagraph (B) or (C) to account for significant 
                labor shortages.
          ``(3) Allocation of visas.--
                  ``(A) Bi-annual allocation.--The annual allocation of 
                visas described in paragraph (2) shall be evenly 
                allocated between two halves of the fiscal year unless 
                the Secretary of Homeland Security, in consultation 
                with the Secretary of Agriculture and Secretary of 
                Labor, determines that an alternative allocation would 
                better accommodate demand for visas. 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 year.
                  ``(B) Reserve for dairy labor or services.--
                          ``(i) In general.--Of the visa numbers made 
                        available in each half of the fiscal year 
                        pursuant to subparagraph (A), 50 percent of 
                        such visas shall be reserved for employers 
                        filing petitions seeking H-2A workers to engage 
                        in agricultural labor or services in the dairy 
                        industry.
                          ``(ii) Exception.--If, after four months have 
                        elapsed in one half of the fiscal year, the 
                        Secretary of Homeland Security determines that 
                        application of clause (i) will result in visas 
                        going unused during that half of the fiscal 
                        year, clause (i) shall not apply to visas under 
                        this paragraph during the remainder of such 
                        calendar half.
          ``(4) Annual round trip home.--
                  ``(A) In general.--In addition to the other 
                requirements of this section, an employer shall provide 
                H-2A workers employed under this subsection, at no cost 
                to such workers, with annual round trip travel, 
                including transportation and subsistence during travel, 
                to their homes in their communities of origin. The 
                employer must provide such travel within 14 months of 
                the initiation of the worker's employment, and no more 
                than 14 months can elapse between each required period 
                of travel.
                  ``(B) Limitation.--The cost of travel under 
                subparagraph (A) need not exceed the lesser of--
                          ``(i) the actual cost to the worker of the 
                        transportation and subsistence involved; or
                          ``(ii) the most economical and reasonable 
                        common carrier transportation charges and 
                        subsistence costs for the distance involved.
          ``(5) Family housing.--An employer seeking to employ an H-2A 
        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 
        nature. The worker may reject such an offer. The employer may 
        not charge the worker for the worker's housing, except that if 
        the worker accepts family housing, a prorated rent based on the 
        fair market value for such housing may be charged for the 
        worker's family members.
          ``(6) Workplace safety plan for dairy employees.--
                  ``(A) In general.--If an employer is seeking to 
                employ a worker in agricultural labor or services in 
                the dairy industry pursuant to this subsection, the 
                employer must report incidents consistent with the 
                requirements under section 1904.39 of title 29, Code of 
                Federal Regulations, and maintain an effective worksite 
                safety and compliance plan to prevent workplace 
                accidents and otherwise ensure safety. Such plan 
                shall--
                          ``(i) be in writing in English and, to the 
                        extent necessary, any language common to a 
                        significant portion of the workers if they are 
                        not fluent in English; and
                          ``(ii) be posted at a conspicuous location at 
                        the worksite and provided to employees prior to 
                        the commencement of labor or services.
                  ``(B) Contents of plan.--The Secretary of Labor, in 
                consultation with the Secretary of Agriculture, shall 
                establish by regulation the minimum requirements for 
                the plan described in subparagraph (A). Such plan shall 
                include measures to--
                          ``(i) require workers (other than the 
                        employer's family members) whose positions 
                        require contact with animals to complete animal 
                        care training, including animal handling and 
                        job-specific animal care;
                          ``(ii) protect against sexual harassment and 
                        violence, resolve complaints involving 
                        harassment or violence, and protect against 
                        retaliation against workers reporting 
                        harassment or violence; and
                          ``(iii) contain other provisions necessary 
                        for ensuring workplace safety, as determined by 
                        the Secretary of Labor, in consultation with 
                        the Secretary of Agriculture.
  ``(j) Eligibility for h-2a Status and Admission to the United 
States.--
          ``(1) Disqualification.--An alien shall be ineligible for 
        admission to the United States as an H-2A worker pursuant to a 
        petition filed under this section if the alien was admitted to 
        the United States as an H-2A worker within the past 5 years of 
        the date the petition was filed and--
                  ``(A) violated a material provision of this section, 
                including the requirement to promptly depart the United 
                States when the alien's authorized period of admission 
                has expired, unless the alien has good cause for such 
                failure to depart; or
                  ``(B) otherwise violated a term or condition of 
                admission into the United States as an H-2A worker.
          ``(2) Visa validity.--A visa issued to an H-2A worker shall 
        be valid for three years and shall allow for multiple entries 
        during the approved period of admission.
          ``(3) Period of authorized stay; admission.--
                  ``(A) In general.--An alien admissible as an H-2A 
                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 section. The maximum continuous period of 
                authorized stay for an H-2A worker is 36 months.
                  ``(B) Requirement to remain outside the united 
                states.--In the case of an H-2A worker whose maximum 
                continuous period of authorized stay (including any 
                extensions) has expired, 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 
                45 days.
                  ``(C) Exceptions.--The Secretary of Homeland Security 
                shall deduct absences from the United States that take 
                place during an H-2A worker's period of authorized stay 
                from the period that the alien is required to remain 
                outside the United States under subparagraph (B), if 
                the alien or the alien's employer requests such a 
                deduction, and provides clear and convincing proof that 
                the alien qualifies for such a deduction. Such proof 
                shall consist of evidence including, but not limited 
                to, arrival and departure records, copies of tax 
                returns, and records of employment abroad.
                  ``(D) Admission.--In addition to the maximum 
                continuous period of authorized stay, an H-2A worker's 
                authorized period of admission shall include an 
                additional period of 10 days prior to the beginning of 
                the period of employment for the purpose of traveling 
                to the place of employment and 45 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 (A) (subject to the exceptions 
                in subparagraph (C)).
          ``(4) Continuing h-2a workers.--
                  ``(A) Successive employment.--An H-2A worker is 
                authorized to start new or concurrent employment upon 
                the filing of a nonfrivolous H-2A petition, or as of 
                the requested start date, whichever is later if--
                          ``(i) the petition to start new or concurrent 
                        employment was filed prior to the expiration of 
                        the H-2A worker's period of admission as 
                        defined in paragraph (3)(D); and
                          ``(ii) the H-2A worker has not been employed 
                        without authorization in the United States from 
                        the time of last admission to the United States 
                        in H-2A status through the filing of the 
                        petition for new employment.
                  ``(B) Protection due to immigrant visa backlogs.--
                Notwithstanding the limitations on the period of 
                authorized stay described in paragraph (3), any H-2A 
                worker who--
                          ``(i) is the beneficiary of an approved 
                        petition, filed under section 204(a)(1)(E) or 
                        (F) for preference status under section 
                        203(b)(3)(A)(iii); and
                          ``(ii) is eligible to be granted such status 
                        but for the annual limitations on visas under 
                        section 203(b)(3)(A),
                may apply for, and the Secretary of Homeland Security 
                may grant, 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 visa.
          ``(5) Abandonment of employment.--
                  ``(A) In general.--Except as provided in subparagraph 
                (B), an H-2A worker who abandons the employment which 
                was the basis for the worker's authorized stay, without 
                good cause, shall be considered to have failed to 
                maintain H-2A status and shall depart the United States 
                or be subject to removal under section 237(a)(1)(C)(i).
                  ``(B) Grace period to secure new employment.--An H-2A 
                worker shall not be considered to have failed to 
                maintain H-2A status solely on the basis of a cessation 
                of the employment on which the alien's classification 
                was based for a period of 45 consecutive days, or until 
                the end of the authorized validity period, whichever is 
                shorter, once during each authorized validity period.
  ``(k) Required Disclosures.--
          ``(1) Disclosure of work contract.--Not later than the time 
        the H-2A worker applies for a visa, the employer shall provide 
        the worker with a copy of the work contract that includes the 
        disclosures and rights under this section (or in the absence of 
        such a contract, a copy of the job order and proof of the 
        certification described in subparagraphs (B) and (D) of 
        subsection (h)(2)). An H-2A worker moving from one H-2A 
        employer to a subsequent H-2A 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 employer.
          ``(2) Hours and earnings statements.--The employer shall 
        furnish to H-2A workers, on or before each payday, in 1 or more 
        written statements--
                  ``(A) the worker's total earnings for the pay period;
                  ``(B) the worker's hourly rate of pay, piece rate of 
                pay, or both;
                  ``(C) the hours of employment offered to the worker 
                and the hours of employment actually worked;
                  ``(D) if piece rates of pay are used, the units 
                produced daily;
                  ``(E) an itemization of the deductions made from the 
                worker's wages; and
                  ``(F) any other information required by Federal, 
                State or local law.
          ``(3) Notice of worker rights.--The employer must post and 
        maintain in a conspicuous location at the place of employment, 
        a poster provided by the Secretary of Labor in English, and, to 
        the extent necessary, any language common to a significant 
        portion of the workers if they are not fluent in English, which 
        sets out the rights and protections for workers employed 
        pursuant to this section.
  ``(l) Labor Contractors; Foreign Labor Recruiters; Prohibition on 
Fees.--
          ``(1) Labor contractors.--
                  ``(A) Surety bond.--An employer that is a labor 
                contractor who seeks to employ H-2A workers shall 
                maintain a surety bond in an amount required under 
                subparagraph (B). Such bond shall be payable to the 
                Secretary of Labor or pursuant to the resolution of a 
                civil or criminal proceeding, for the payment of wages 
                and benefits, including any assessment of interest, 
                owed to an H-2A worker or a similarly employed United 
                States worker, or a United States worker who has been 
                rejected or displaced in violation of this section.
                  ``(B) 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 labor contractors to 
                discharge financial obligations under this section 
                based on the number of workers the labor contractor 
                seeks to employ and the wages such workers are required 
                to be paid.
                  ``(C) Premium bond.--A labor contractor seeking to 
                file a petition involving more than 1 start date under 
                subsection (h)(1)(C) shall maintain a surety bond that 
                is at least 15 percent higher than the applicable bond 
                amount determined by the Secretary under subparagraph 
                (B).
                  ``(D) Use of funds.--Any sums paid to the Secretary 
                under subparagraph (A) that are not paid to a worker 
                because of the inability to do so within a period of 5 
                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 section.
          ``(2) Foreign labor recruiting.--If the employer has retained 
        the services of a foreign labor recruiter, the employer shall 
        use a foreign labor recruiter registered under section 251 of 
        the Farm Workforce Modernization Act of 2019.
          ``(3) 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-2A 
        process, including payment of the employer's attorneys' fees, 
        application fees, or recruitment costs. An employer and its 
        agents may receive reimbursement for costs that are the 
        responsibility and primarily for the benefit of the worker, 
        such as government-required passport fees.
          ``(4) Third party contracts.--The contract between an 
        employer and any labor contractor or any foreign labor 
        recruiter (or any agent of such labor contractor or foreign 
        labor recruiter) whom the employer engages shall include a term 
        providing for the termination of such contract for cause if the 
        contractor or recruiter, either directly or indirectly, in the 
        placement or recruitment of H-2A workers seeks or receives 
        payments or other compensation from prospective employees. Upon 
        learning that a labor contractor or foreign labor recruiter has 
        sought or collected such payments, the employer shall so 
        terminate any contracts with such contractor or recruiter.
  ``(m) Enforcement Authority.--
          ``(1) In general.--The Secretary of Labor is authorized to 
        take such actions against employers, including imposing 
        appropriate penalties and seeking monetary and injunctive 
        relief and specific performance of contractual obligations, as 
        may be necessary to ensure compliance with the requirements of 
        this section and with the applicable terms and conditions of 
        employment.
          ``(2) Complaint process.--
                  ``(A) Process.--The Secretary of Labor shall 
                establish a process for the receipt, investigation, 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 
                employment.
                  ``(B) Filing.--A complaint referred to in 
                subparagraph (A) may be filed not later than 2 years 
                after the date of the conduct that is the subject of 
                the complaint.
                  ``(C) 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 
                laws.
                  ``(D) Decision and remedies.--If the Secretary of 
                Labor finds, after notice and opportunity for a 
                hearing, that the employer failed to comply with the 
                requirements of this section or the terms and 
                conditions of employment, the Secretary of Labor may 
                require payment of unpaid wages, unpaid benefits, fees 
                assessed in violation of this section, damages, and 
                civil money penalties. The Secretary is also authorized 
                to impose other administrative remedies, including 
                disqualification of the employer from utilizing the H-
                2A program for a period of up to 5 years in the event 
                of willful or multiple material violations. The 
                Secretary is authorized to permanently disqualify an 
                employer from utilizing the H-2A program upon a 
                subsequent finding involving willful or multiple 
                material violations.
                  ``(E) Disposition of penalties.--Civil penalties 
                collected under this paragraph shall be deposited into 
                the H-2A Labor Certification Fee Account established 
                under section 203 of the Farm Workforce Modernization 
                Act of 2019.
          ``(3) Statutory construction.--Nothing in this subsection may 
        be construed as limiting the authority of the Secretary of 
        Labor to conduct an investigation--
                  ``(A) under any other law, including any law 
                affecting migrant and seasonal agricultural workers; or
                  ``(B) in the absence of a complaint.
          ``(4) Retaliation prohibited.--It is a violation of this 
        subsection for any person who has filed a petition under this 
        section to intimidate, threaten, restrain, coerce, blacklist, 
        discharge, or in any other manner discriminate against, or to 
        cause any person to intimidate, threaten, restrain, coerce, 
        blacklist, or in any manner discriminate against, an employee, 
        including a former employee or an applicant for employment, 
        because the employee--
                  ``(A) has disclosed information to the employer, or 
                to any other person, that the employee reasonably 
                believes evidences a violation under this section, or 
                any rule or regulation relating to this section;
                  ``(B) has filed a complaint concerning the employer's 
                compliance with the requirements under this section or 
                any rule or regulation pertaining to this section;
                  ``(C) 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 
                section; or
                  ``(D) has taken steps to exercise or assert any right 
                or protection under the provisions of this section, or 
                any rule or regulation pertaining to this section, or 
                any other relevant Federal, State, or local law.
          ``(5) Interagency communication.--The Secretary of Labor, in 
        consultation with the Secretary of Homeland Security, Secretary 
        of State and the Equal Employment Opportunity Commission, shall 
        establish mechanisms by which the agencies and their components 
        share information, including by public electronic means, 
        regarding complaints, studies, investigations, findings and 
        remedies regarding compliance by employers with the 
        requirements of the H-2A program and other employment-related 
        laws and regulations.
  ``(n) Definitions.--In this section:
          ``(1) Displace.--The term `displace' means to lay off a 
        similarly employed United States worker, other than for lawful 
        job-related reasons, in the occupation and area of intended 
        employment for the job for which H-2A workers are sought.
          ``(2) H-2a worker.--The term `H-2A worker' means a 
        nonimmigrant described in section 101(a)(15)(H)(ii)(a).
          ``(3) Job order.--The term `job order' means the document 
        containing the material terms and conditions of employment, 
        including obligations and assurances required under this 
        section or any other law.
          ``(4) Online job registry.--The term `online job registry' 
        means the online job registry of the Secretary of Labor 
        required under section 201(b) of the Farm Workforce 
        Modernization Act of 2019 (or similar successor registry).
          ``(5) Similarly employed.--The term `similarly employed', in 
        the case of a worker, means a worker in the same occupational 
        classification as the classification or classifications for 
        which the H-2A worker is sought.
          ``(6) United states worker.--The term `United States worker' 
        means any worker who is--
                  ``(A) a citizen or national of the United States;
                  ``(B) an alien who is lawfully admitted for permanent 
                residence, is admitted as a refugee under section 207, 
                is granted asylum under section 208, or is an immigrant 
                otherwise authorized to be employed in the United 
                States;
                  ``(C) an alien granted certified agricultural worker 
                status under title I of the Farm Workforce 
                Modernization Act of 2019; or
                  ``(D) an individual who is not an unauthorized alien 
                (as defined in section 274A(h)(3)) with respect to the 
                employment in which the worker is engaging.
  ``(o) Fees; Authorization of Appropriations.--
          ``(1) Fees.--
                  ``(A) In general.--The Secretary of Homeland Security 
                shall impose a fee to process petitions under this 
                section. Such fee shall be set at a level that is 
                sufficient to recover the reasonable costs of 
                processing the petition, including the reasonable costs 
                of providing labor certification by the Secretary of 
                Labor.
                  ``(B) Distribution.--Fees collected under 
                subparagraph (A) shall be deposited as offsetting 
                receipts into the immigration examinations fee account 
                in section 286(m), except that the portion of fees 
                assessed for the Secretary of Labor shall be deposited 
                into the H-2A Labor Certification Fee Account 
                established pursuant to section 203(c) of the Farm 
                Workforce Modernization Act of 2019 .
          ``(2) Appropriations.--There are authorized to be 
        appropriated for each fiscal year such sums as necessary for 
        the purposes of--
                  ``(A) recruiting United States workers for labor or 
                services which might otherwise be performed by H-2A 
                workers, including by ensuring that State workforce 
                agencies are sufficiently funded to fulfill their 
                functions under this section;
                  ``(B) enabling the Secretary of Labor to make 
                determinations and certifications under this section 
                and under section 212(a)(5)(A)(i);
                  ``(C) monitoring the terms and conditions under which 
                H-2A workers (and United States workers employed by the 
                same employers) are employed in the United States; and
                  ``(D) enabling the Secretary of Agriculture to carry 
                out the Secretary of Agriculture's duties and 
                responsibilities under this section.''.

SEC. 203. AGENCY ROLES AND RESPONSIBILITIES.

  (a) Responsibilities of the Secretary of Labor.--With respect to the 
administration of the H-2A program, the Secretary of Labor shall be 
responsible for--
          (1) consulting with State workforce agencies to--
                  (A) review and process job orders;
                  (B) facilitate the recruitment and referral of able, 
                willing and qualified United States workers who will be 
                available at the time and place needed;
                  (C) determine prevailing wages and practices; and
                  (D) conduct timely inspections to ensure compliance 
                with applicable Federal, State, or local housing 
                standards and Federal regulations for H-2A housing;
          (2) determining whether the employer has met the conditions 
        for approval of the H-2A petition described in section 218(a) 
        of the Immigration and Nationality Act (8 U.S.C. 1188(a));
          (3) determining, in consultation with the Secretary of 
        Agriculture, whether a job opportunity is of a seasonal or 
        temporary nature;
          (4) determining whether the employer has complied or will 
        comply with the H-2A program requirements set forth in section 
        218 of the Immigration and Nationality Act (8 U.S.C. 1188);
          (5) processing and investigating complaints consistent with 
        section 218(m) of the Immigration and Nationality Act (8 U.S.C. 
        1188(m)); and
          (6) ensuring that guidance to State workforce agencies to 
        conduct wage surveys is regularly updated.
  (b) Responsibilities of the Secretary of Homeland Security.--With 
respect to the administration of the H-2A program, the Secretary of 
Homeland Security shall be responsible for--
          (1) adjudicating petitions for the admission of H-2A workers, 
        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 any named 
        beneficiaries qualify for such employment;
          (2) transmitting a copy of the final decision on the petition 
        to the employer, and in the case of approved petitions, 
        ensuring that the petition approval is reflected in the 
        electronic platform to facilitate the prompt issuance of a visa 
        by the Department of State (if required) and the admission of 
        the H-2A workers to the United States; and
          (3) establishing a reliable and secure method through which 
        H-2A workers can access information about their H-2A visa 
        status, including information on pending, approved, or denied 
        petitions to extend such status.
  (c) Establishment of Account and Use of Funds.--
          (1) Establishment of account.--There is established in the 
        general fund of the Treasury a separate account, which shall be 
        known as the ``H-2A Labor Certification Fee Account''. 
        Notwithstanding any other provisions of law, there shall be 
        deposited as offsetting receipts into the account all amounts--
                  (A) collected as a civil penalty under section 
                218(m)(2)(E)of the Immigration and Nationality Act; and
                  (B) collected as a fee under section 218(o)(1)(B) of 
                the Immigration and Nationality Act.
          (2) Use of fees.--Amounts deposited into the H-2A Labor 
        Certification Fee Account shall be available (except as 
        otherwise provided in this paragraph) without fiscal year 
        limitation and without the requirement for specification in 
        appropriations Acts to the Secretary of Labor for use, directly 
        or through grants, contracts, or other arrangements, 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 
        218 of the Immigration and Nationality Act. Such costs may 
        include personnel salaries and benefits, equipment and 
        infrastructure for adjudication and customer service processes, 
        the operation and maintenance of an on-line job registry, and 
        program integrity activities. The Secretary, in determining 
        what amounts to transfer to States for State administration in 
        carrying out activities in connection with labor certification 
        under section 218 of the Immigration and Nationality Act shall 
        consider the number of H-2A workers employed in that State and 
        shall adjust the amount transferred to that State accordingly. 
        In addition, 10 percent of the amounts deposited into the H-2A 
        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 programs.
          (3) Additional funds.--Amounts available under paragraph (1) 
        shall be available in addition to any other funds appropriated 
        or made available to the Department of Labor under other laws, 
        including section 218(o)(2) of the Immigration and Nationality 
        Act.

SEC. 204. WORKER PROTECTION AND COMPLIANCE.

  (a) Equality of Treatment.--H-2A workers shall not be denied any 
right or remedy under any Federal, State, or local labor or employment 
law applicable to United States workers engaged in agricultural 
employment.
  (b) Applicability of Other Laws.--
          (1) Migrant and seasonal agricultural worker protection 
        act.--H-2A workers shall be considered migrant agricultural 
        workers for purposes of the Migrant and Seasonal Agricultural 
        Worker Protection Act (29 U.S.C. 1801 et seq.).
          (2) Waiver of rights prohibited.--Agreements by H-2A workers 
        to waive or modify any rights or protections under this Act or 
        section 218 of the Immigration and Nationality Act (8 U.S.C. 
        1188) shall be considered void or contrary to public policy 
        except as provided in a collective bargaining agreement with a 
        bona fide labor organization.
          (3) Mediation.--
                  (A) Free mediation services.--The Federal Mediation 
                and Conciliation Service shall be available to assist 
                in resolving disputes arising under this section 
                between H-2A workers and agricultural employers without 
                charge to the parties.
                  (B) Complaint.--If an H-2A worker files a civil 
                lawsuit alleging one or more violations of section 218 
                of the Immigration and Nationality Act (8 U.S.C. 1188), 
                the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
                seq.), or the Migrant and Seasonal Agricultural Worker 
                Protection Act (29 U.S.C. 1801 et seq.), not later than 
                60 days after the filing of proof of service of the 
                complaint, a party to the lawsuit 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 
                dispute.
                  (C) Notice.--Upon filing a request under subparagraph 
                (B) and giving of notice to the parties, the parties 
                shall attempt mediation within the period specified in 
                subparagraph (D), except that nothing in this paragraph 
                shall limit the ability of a court to order preliminary 
                injunctive relief to protect health and safety.
                  (D) 90-day limit.--The Federal Mediation and 
                Conciliation Service may conduct mediation or other 
                nonbinding dispute resolution activities for a period 
                not to exceed 90 days beginning on the date on which 
                the Federal Mediation and Conciliation Service receives 
                a request for assistance under subparagraph (B) unless 
                the parties agree to an extension of such period.
                  (E) Authorization of appropriations.--
                          (i) In general.--Subject to clause (ii), 
                        there is authorized to be appropriated to the 
                        Federal Mediation and Conciliation Service, 
                        $500,000 for each fiscal year to carry out this 
                        subparagraph.
                          (ii) Mediation.--Notwithstanding any other 
                        provision of law, the Director of the Federal 
                        Mediation and Conciliation Service is 
                        authorized--
                                  (I) to conduct the mediation or other 
                                dispute resolution activities from any 
                                other account containing amounts 
                                available to the Director; and
                                  (II) to reimburse such account with 
                                amounts appropriated pursuant to clause 
                                (i).
                  (F) Private mediation.--If all parties agree, a 
                private mediator may be employed as an alternative to 
                the Federal Mediation and Conciliation Service.
  (c) Farm Labor Contractor Requirements.--
          (1) Surety bonds.--
                  (A) Requirement.--Section 101 of the Migrant and 
                Seasonal Agricultural Worker Protection Act (29 U.S.C. 
                1811), is amended by adding at the end the following:
  ``(e) A farm labor contractor shall 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 
obligations, including payment of wages and benefits to employees. 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 Act. 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 to be covered.''.
                  (B) Registration determinations.--Section 103(a) of 
                the Migrant and Seasonal Agricultural Worker Protection 
                Act (29 U.S.C. 1813(a)), is amended--
                          (i) in paragraph (4), by striking ``or'' at 
                        the end;
                          (ii) in paragraph (5)(B), by striking ``or'' 
                        at the end;
                          (iii) in paragraph (6), by striking the 
                        period at the end and inserting ``;'' ; and
                          (iv) by adding at the end the following:
          ``(7) has failed to maintain a surety bond in compliance with 
        section 101(e); or
          ``(8) has been disqualified by the Secretary of Labor from 
        importing nonimmigrants described in section 101(a)(15)(H)(ii) 
        of the Immigration and Nationality Act.''.
          (2) Successors in interest.--
                  (A) Declaration.--Section 102 of the Migrant and 
                Seasonal Agricultural Worker Protection Act (29 U.S.C. 
                1812), is amended--
                          (i) in paragraph (4), by striking ``and'' at 
                        the end;
                          (ii) in paragraph (5), by striking the period 
                        at the end and inserting ``; and''; and
                          (iii) by adding at the end the following:
          ``(6) a declaration, subscribed and sworn to by the 
        applicant, stating whether the applicant has a familial, 
        contractual, or employment relationship with, or shares 
        vehicles, facilities, property, or employees with, a person who 
        has been refused issuance or renewal of a certificate, or has 
        had a certificate suspended or revoked, pursuant to section 
        103.''.
                  (B) Rebuttable presumption.--Section 103 of the 
                Migrant and Seasonal Agricultural Worker Protection Act 
                (29 U.S.C. 1813), as amended by this Act, is further 
                amended by inserting after subsection (a) the following 
                new subsection (and by redesignating the subsequent 
                subsections accordingly):
  ``(b)(1) 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--
          ``(A) is the immediate family member of any person who has 
        been refused issuance or renewal of a certificate, or has had a 
        certificate suspended or revoked; and
          ``(B) identifies a vehicle, facility, or real property under 
        paragraph (2) or (3) of section 102 that has been previously 
        listed by a person who has been refused issuance or renewal of 
        a certificate, or has had a certificate suspended or revoked.
  ``(2) An applicant described in paragraph (1) bears the burden of 
demonstrating to the Secretary's satisfaction that the applicant is the 
real party in interest in the application.''.

SEC. 205. REPORT ON WAGE PROTECTIONS.

  (a) Not later than 3 years after the date of the enactment of this 
Act, and every 3 years thereafter, the Secretary of Labor and Secretary 
of Agriculture shall prepare and transmit to the Committees on the 
Judiciary of the House of Representatives and Senate, a report that 
addresses--
          (1) whether, and the manner in which, the employment of H-2A 
        workers in the United States has impacted the wages, working 
        conditions, or job opportunities of United States farm workers;
          (2) whether, and the manner in which, the adverse effect wage 
        rate increases or decreases wages on United States farms, 
        broken down by geographic region and farm size;
          (3) whether any potential impact of the adverse effect wage 
        rate varies based on the percentage of workers in a geographic 
        region that are H-2A workers;
          (4) the degree to which the adverse effect wage rate is 
        affected by the inclusion in wage surveys of piece rate 
        compensation, bonus payments, and other pay incentives, and 
        whether such forms of incentive compensation should be surveyed 
        and reported separately from hourly base rates;
          (5) whether, and the manner in which, other factors may 
        artificially affect the adverse effect wage rate, including 
        factors that may be specific to a region, State, or region 
        within a State;
          (6) whether, and the manner in which, the H-2A program 
        affects the ability of United States farms to compete with 
        agricultural commodities imported from outside the United 
        States;
          (7) the number and percentage of farmworkers in the United 
        States whose incomes are below the poverty line;
          (8) whether alternative wage standards would be sufficient to 
        prevent wages in occupations in which H-2A workers are employed 
        from falling below the wage level that would have prevailed in 
        the absence of the H-2A program;
          (9) whether any changes are warranted in the current 
        methodologies for calculating the adverse effect wage rate and 
        the prevailing wage; and
          (10) recommendations for future wage protection under this 
        section.
  (b) In preparing the report described in subsection (a), the 
Secretary of Labor and Secretary of Agriculture shall engage with equal 
numbers of representatives of agricultural employers and agricultural 
workers, both locally and nationally.

SEC. 206. PORTABLE H-2A VISA PILOT PROGRAM.

  (a) Establishment of Pilot Program.--
          (1) In general.--Not later than 18 months after the date of 
        the enactment of this Act, the Secretary of Homeland Security, 
        in consultation with the Secretary of Labor and Secretary of 
        Agriculture, shall establish through regulation a 6-year pilot 
        program to facilitate the free movement and employment of 
        temporary or seasonal H-2A workers to perform agricultural 
        labor or services for agricultural employers registered with 
        the Secretary of Agriculture. Notwithstanding the requirements 
        of section 218 of the Immigration and Nationality Act, such 
        regulation shall establish the requirements for the pilot 
        program, consistent with subsection (b). For purposes of this 
        section, such a worker shall be referred to as a portable H-2A 
        worker, and status as such a worker shall be referred to as 
        portable H-2A status.
          (2) Online platform.--The Secretary of Homeland Security, in 
        consultation with the Secretary of Labor and the Secretary of 
        Agriculture, shall maintain an online electronic platform to 
        connect portable H-2A workers with registered agricultural 
        employers seeking workers to perform temporary or seasonal 
        agricultural labor or services. Employers shall post on the 
        platform available job opportunities, including a description 
        of the nature and location of the work to be performed, the 
        anticipated period or periods of need, and the terms and 
        conditions of employment. Such platform shall allow portable H-
        2A workers to search for available job opportunities using 
        relevant criteria, including the types of jobs needed to be 
        filled and the dates and locations of need.
          (3) Limitation.--Notwithstanding the issuance of the 
        regulation described in paragraph (1), the Secretary of State 
        may not issue a portable H-2A visa and the Secretary of 
        Homeland Security may not confer portable H-2A status on any 
        alien until the Secretary of Homeland Security, in consultation 
        with the Secretary of Labor and Secretary of Agriculture, has 
        determined that a sufficient number of employers have been 
        designated as registered agricultural employers under 
        subsection (b)(1) and that such employers have sufficient job 
        opportunities to employ a reasonable number of portable H-2A 
        workers to initiate the pilot program.
  (b) Pilot Program Elements.--The pilot program in subsection (a) 
shall contain the following elements:
          (1) Registered agricultural employers.--
                  (A) Designation.--Agricultural employers shall be 
                provided the ability to seek designation as registered 
                agricultural employers. Reasonable fees may be assessed 
                commensurate with the cost of processing applications 
                for designation. A designation shall be valid for a 
                period of up to 3 years unless revoked for failure to 
                comply with program requirements. Registered employers 
                that comply with program requirements may apply to 
                renew such designation for additional periods of up to 
                3 years for the duration of the pilot program.
                  (B) Limitations.--Registered agricultural employers 
                may employ aliens with portable H-2A status without 
                filing a petition. Such employers shall pay such aliens 
                at least the wage required under section 218(d) of the 
                Immigration and Nationality Act (8 U.S.C. 1188(d)).
                  (C) Workers' compensation.--If a job opportunity is 
                not covered by or is exempt from the State workers' 
                compensation law, a registered agricultural employer 
                shall provide, at no cost to the worker, insurance 
                covering injury and disease arising out of, and in the 
                course of, the worker's employment, which will provide 
                benefits at least equal to those provided under the 
                State workers' compensation law.
          (2) Designated workers.--
                  (A) In general.--Individuals who have been previously 
                admitted to the United States in H-2A status, and 
                maintained such status during the period of admission, 
                shall be provided the opportunity to apply for portable 
                H-2A status. Portable H-2A workers shall be subject to 
                the provisions on visa validity and periods of 
                authorized stay and admission for H-2A workers 
                described in paragraphs (2) and (3) of section 218(j) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1188(j)(2) and (3)).
                  (B) Limitations on availability of portable h-2a 
                status.--
                          (i) Initial offer of employment required.--No 
                        alien may be granted portable H-2A status 
                        without an initial valid offer of employment to 
                        perform temporary or agricultural labor or 
                        services from a registered agricultural 
                        employer.
                          (ii) Numerical limitations.--The total number 
                        of aliens who may hold valid portable H-2A 
                        status at any one time may not exceed 10,000. 
                        Notwithstanding such limitation, the Secretary 
                        of Homeland Security may further limit the 
                        number of aliens with valid portable H-2A 
                        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-
                        2A workers.
                  (C) Scope of employment.--During the period of 
                admission, a portable H-2A 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 
                (1). An employment arrangement under this section may 
                be terminated by either the portable H-2A worker or the 
                registered agricultural employer at any time.
                  (D) Transfer to new employment.--At the cessation of 
                employment with a registered agricultural employer, a 
                portable H-2A worker shall have 60 days to secure new 
                employment with a registered agricultural employer.
                  (E) Maintenance of status.--A portable H-2A worker 
                who does not secure new employment with a registered 
                agricultural employer within 60 days shall be 
                considered to have failed to maintain such status and 
                shall depart the United States or be subject to removal 
                under section 237(a)(1)(C)(i) of the Immigration and 
                Nationality Act (8 U.S.C. 1188(a)(1)(C)(i)).
          (3) 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 section, consistent with section 218(m) of the Immigration 
        and Nationality Act (8 U.S.C. 1188(m)). The Secretary of Labor 
        shall have the authority to collect reasonable civil penalties 
        for violations, which shall be utilized by the Secretary for 
        the administration and enforcement of the provisions of this 
        section.
          (4) Eligibility for services.--Section 305 of Public Law 99-
        603 (100 Stat. 3434) 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 rights''.
  (c) Report.--Not later than 6 months before the end of the third 
fiscal year of the pilot program, the Secretary of Homeland Security, 
in consultation with the Secretary of Labor and the Secretary of 
Agriculture, shall prepare and submit to the Committees on the 
Judiciary of the House of Representatives and the Senate, a report that 
provides--
          (1) the number of employers designated as registered 
        agricultural employers, broken down by geographic region, farm 
        size, and the number of job opportunities offered by such 
        employers;
          (2) the number of employers whose designation as a registered 
        agricultural employer was revoked;
          (3) the number of individuals granted portable H-2A status in 
        each fiscal year, along with the number of such individuals who 
        maintained portable H-2A status during all or a portion of the 
        3-year period of the pilot program;
          (4) an assessment of the impact of the pilot program on the 
        wages and working conditions of United States farm workers;
          (5) the results of a survey of individuals granted portable 
        H-2A status, detailing their experiences with and feedback on 
        the pilot program;
          (6) the results of a survey of registered agricultural 
        employers, detailing their experiences with and feedback on the 
        pilot program;
          (7) an assessment as to whether the program should be 
        continued and if so, any recommendations for improving the 
        program; and
          (8) findings and recommendations regarding effective 
        recruitment mechanisms, including use of new technology to 
        match workers with employers and ensure compliance with 
        applicable labor and employment laws and regulations.

SEC. 207. IMPROVING ACCESS TO PERMANENT RESIDENCE.

  (a) Worldwide Level.--Section 201(d)(1)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1151(d)(1)(A)) is amended by striking 
``140,000'' and inserting ``180,000''.
  (b) Visas for Farmworkers.--Section 203(b) of the Immigration and 
Nationality Act (8 U.S.C. 1153(b)) is amended--
          (1) in paragraph (1) by striking ``28.6 percent of such 
        worldwide level'' and inserting ``40,040'';
          (2) in paragraph (2)(A) by striking ``28.6 percent of such 
        worldwide level'' and inserting ``40,040'';
          (3) in paragraph (3)--
                  (A) in subparagraph (A)--
                          (i) in the matter before clause (i), by 
                        striking ``28.6 percent of such worldwide 
                        level'' and inserting ``80,040''; and
                          (ii) by amending clause (iii) to read as 
                        follows:
                          ``(iii) Other workers.--Other qualified 
                        immigrants who, at the time of petitioning for 
                        classification under this paragraph--
                                  ``(I) are capable of performing 
                                unskilled labor, not of a temporary or 
                                seasonal nature, for which qualified 
                                workers are not available in the United 
                                States; or
                                  ``(II) can demonstrate employment in 
                                the United States as an H-2A 
                                nonimmigrant worker for at least 100 
                                days in each of at least 10 years.'';
                  (B) by amending subparagraph (B) to read as follows:
                  ``(B) Visas allocated for other workers.--
                          ``(i) In general.--Except as provided in 
                        clauses (ii) and (iii), 50,000 of the visas 
                        made available under this paragraph shall be 
                        reserved for qualified immigrants described in 
                        subparagraph (A)(iii).
                          ``(ii) Preference for agricultural workers.--
                        Subject to clause (iii), not less than four-
                        fifths of the visas described in clause (i) 
                        shall be reserved for--
                                  ``(I) qualified immigrants described 
                                in subparagraph (A)(iii)(I) who will be 
                                performing agricultural labor or 
                                services in the United States; and
                                  ``(II) qualified immigrants described 
                                in subparagraph (A)(iii)(II).
                          ``(iii) Exception.--If because of the 
                        application of clause (ii), 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 visa, clause (ii) shall not apply 
                        to visas under this paragraph during the 
                        remainder of such calendar quarter.
                          ``(iv) No per country limits.--Visas 
                        described under clause (ii) shall be issued 
                        without regard to the numerical limitation 
                        under section 202(a)(2).''; and
                  (C) by amending subparagraph (C) by striking ``An 
                immigrant visa'' and inserting ``Except for qualified 
                immigrants petitioning for classification under 
                subparagraph (A)(iii)(II), an immigrant visa'';
          (4) in paragraph (4), by striking ``7.1 percent of such 
        worldwide level'' and inserting ``9,940''; and
          (5) in paragraph (5)(A), in the matter before clause (i), by 
        striking ``7.1 percent of such worldwide level'' and inserting 
        ``9,940''.
  (c) Petitioning Procedure.--Section 204(a)(1)(E) of the Immigration 
and Nationality Act (8 U.S.C. 1154(a)(1)(E)) is amended by inserting 
``or 203(b)(3)(A)(iii)(II)'' after ``203(b)(1)(A)''.
  (d) Dual Intent.--Section 214(b) of the Immigration and Nationality 
Act (8 U.S.C. 1184(b)) is amended by striking ``section 
101(a)(15)(H)(i) except subclause (b1) of such section'' and inserting 
``clause (i), except subclause (b1), or (ii)(a) of section 
101(a)(15)(H)''.

    Subtitle B--Preservation and Construction of Farmworker Housing

SEC. 220. SHORT TITLE.

  This subtitle may be cited as the ``Strategy and Investment in Rural 
Housing Preservation Act of 2019''.

SEC. 221. PERMANENT ESTABLISHMENT OF HOUSING PRESERVATION AND 
                    REVITALIZATION PROGRAM.

  Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) is 
amended by adding at the end the following new section:

``SEC. 545. HOUSING PRESERVATION AND REVITALIZATION PROGRAM.

  ``(a) Establishment.--The Secretary shall carry out a program under 
this section for the preservation and revitalization of multifamily 
rental housing projects financed under section 515 or both sections 514 
and 516.
  ``(b) Notice of Maturing Loans.--
          ``(1) To owners.--On an annual basis, the Secretary shall 
        provide written notice to each owner of a property financed 
        under section 515 or both sections 514 and 516 that will mature 
        within the 4-year period beginning upon the provision of such 
        notice, 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 (f).
          ``(2) To tenants.--
                  ``(A) In general.--For each property financed under 
                section 515 or both sections 514 and 516, not later 
                than the date that is 2 years before the date that such 
                loan will mature, the Secretary shall provide written 
                notice to each household residing in such property that 
                informs them of the date of the loan maturity, the 
                possible actions that may happen with respect to the 
                property upon such maturity, and how to protect their 
                right to reside in Federally assisted housing after 
                such maturity.
                  ``(B) 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 languages.
  ``(c) Loan Restructuring.--Under the program under this section, the 
Secretary may restructure such existing housing loans, as the Secretary 
considers appropriate, 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 laborers, by--
          ``(1) reducing or eliminating interest;
          ``(2) deferring loan payments;
          ``(3) subordinating, reducing, or reamortizing loan debt; and
          ``(4) providing other financial assistance, including 
        advances, payments, and incentives (including the ability of 
        owners to obtain reasonable returns on investment) required by 
        the Secretary.
  ``(d) Renewal of Rental Assistance.--When the Secretary offers to 
restructure a loan pursuant to subsection (c), the Secretary shall 
offer to renew the rental assistance contract under section 521(a)(2) 
for a 20-year term that is subject to annual appropriations, provided 
that the owner agrees to bring the property up to such standards that 
will ensure its maintenance as decent, safe, and sanitary housing for 
the full term of the rental assistance contract.
  ``(e) Restrictive Use Agreements.--
          ``(1) Requirement.--As part of the preservation and 
        revitalization agreement for a project, the Secretary shall 
        obtain a restrictive use agreement that obligates the owner to 
        operate the project in accordance with this title.
          ``(2) Term.--
                  ``(A) No extension of rental assistance contract.--
                Except when the Secretary enters into a 20-year 
                extension of the rental assistance contract for the 
                project, the term of the restrictive use agreement for 
                the project shall be consistent with the term of the 
                restructured loan for the project.
                  ``(B) Extension of rental assistance contract.--If 
                the Secretary enters into a 20-year extension of the 
                rental assistance contract for a project, the term of 
                the restrictive use agreement for the project shall be 
                for 20 years.
                  ``(C) Termination.--The Secretary may terminate the 
                20-year use restrictive use agreement for a project 
                prior to the end of its term if the 20-year rental 
                assistance contract for the project with the owner is 
                terminated at any time for reasons outside the owner's 
                control.
  ``(f) Decoupling of Rental Assistance.--
          ``(1) Renewal of rental assistance contract.--If the 
        Secretary determines that a maturing loan for a project cannot 
        reasonably be restructured in accordance with subsection (c) 
        and the project was operating with rental assistance under 
        section 521, the Secretary may renew the rental assistance 
        contract, notwithstanding any provision of section 521, for a 
        term, subject to annual appropriations, of at least 10 years 
        but not more than 20 years.
          ``(2) Rents.--Any agreement to extend the term of the rental 
        assistance contract under section 521 for a project shall 
        obligate the owner to continue to maintain the project as 
        decent, safe and sanitary housing and to operate the 
        development in accordance with this title, except that rents 
        shall be based on the lesser of--
                  ``(A) the budget-based needs of the project; or
                  ``(B) the operating cost adjustment factor as a 
                payment standard as provided under section 524 of the 
                Multifamily Assisted Housing Reform and Affordability 
                Act of 1997 (42 U.S.C. 1437 note).
  ``(g) Multifamily Housing Transfer Technical Assistance.--Under the 
program under this section, the Secretary may provide grants to 
qualified non-profit organizations and public housing agencies to 
provide technical assistance, including financial and legal services, 
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 housing.
  ``(h) Transfer of Rental Assistance.--After the loan or loans for a 
rental project originally financed under section 515 or both sections 
514 and 516 have matured or have been prepaid and the owner has chosen 
not to restructure the loan pursuant to subsection (c), a tenant 
residing in such project shall have 18 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 515 or both sections 514 and 516, and the owner of the initial 
project may rent the tenant's previous unit to a new tenant without 
income restrictions.
  ``(i) Administrative Expenses.--Of any amounts made available for the 
program under this section for any fiscal year, the Secretary may use 
not more than $1,000,000 for administrative expenses for carrying out 
such program.
  ``(j) Authorization of Appropriations.--There is authorized to be 
appropriated for the program under this section $200,000,000 for each 
of fiscal years 2020 through 2024.''.

SEC. 222. ELIGIBILITY FOR RURAL HOUSING VOUCHERS.

  Section 542 of the Housing Act of 1949 (42 U.S.C. 1490r) is amended 
by adding at the end the following new subsection:
  ``(c) Eligibility of Households in Sections 514, 515, and 516 
Projects.--The Secretary may provide rural housing vouchers under this 
section for any low-income household (including those not receiving 
rental assistance) residing, for a term longer than the remaining term 
of their lease in effect just prior to prepayment, in a property 
financed with a loan made or insured under section 514 or 515 (42 
U.S.C. 1484, 1485) which has been prepaid without restrictions imposed 
by the Secretary pursuant to section 502(c)(5)(G)(ii)(I) (42 U.S.C. 
1472(c)(5)(G)(ii)(I)), has been foreclosed, or has matured after 
September 30, 2005, or residing in a property assisted under section 
514 or 516 that is owned by a nonprofit organization or public 
agency.''.

SEC. 223. AMOUNT OF VOUCHER ASSISTANCE.

  Notwithstanding any other provision of law, in the case of any rural 
housing voucher provided pursuant to section 542 of the Housing Act of 
1949 (42 U.S.C. 1490r), the amount of the monthly assistance payment 
for the household on whose behalf such assistance is provided shall be 
determined as provided in subsection (a) of such section 542.

SEC. 224. RENTAL ASSISTANCE CONTRACT AUTHORITY.

  Subsection (d) of section 521 of the Housing Act of 1949 (42 U.S.C. 
1490a(d)) is amended--
          (1) in paragraph (1), by inserting after subparagraph (A) the 
        following new subparagraph (and by redesignating the subsequent 
        subparagraphs accordingly):
          ``(B) upon request of an owner of a project financed under 
        section 514 or 515, the Secretary is authorized to enter into 
        renewal of such agreements for a period of 20 years or the term 
        of the loan, whichever is shorter, subject to amounts made 
        available in appropriations Acts;''; and
          (2) by adding at the end the following new paragraph:
  ``(3) In the case of any rental assistance contract authority that 
becomes available because of the termination of assistance on behalf of 
an assisted family--
          ``(A) at the option of the owner of the rental project, the 
        Secretary shall provide the owner a period of 6 months before 
        such assistance is made available pursuant to subparagraph (B) 
        during which the owner may use such assistance authority to 
        provide assistance of behalf of an eligible unassisted family 
        that--
                  ``(i) is residing in the same rental project that the 
                assisted family resided in prior to such termination; 
                or
                  ``(ii) newly occupies a dwelling unit in such rental 
                project during such period; and
          ``(B) except for assistance used as provided in subparagraph 
        (A), 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 515 
        or both sections 514 and 516 of this Act.''.

SEC. 225. FUNDING FOR MULTIFAMILY TECHNICAL IMPROVEMENTS.

  There is authorized to be appropriated to the Secretary of 
Agriculture $50,000,000 for fiscal year 2020 for improving the 
technology of the Department of Agriculture used to process loans for 
multifamily housing and otherwise managing such housing. Such 
improvements shall be made within the 5-year period beginning upon the 
appropriation of such amounts and such amount shall remain available 
until the expiration of such 5-year period.

SEC. 226. PLAN FOR PRESERVING AFFORDABILITY OF RENTAL PROJECTS.

  (a) Plan.--The Secretary of Agriculture (in this section referred to 
as the ``Secretary'') shall submit a written plan to the Congress, not 
later than the expiration of the 6-month period beginning on the date 
of the enactment of this Act, for preserving the affordability for low-
income families of rental projects for which loans were made under 
section 515 or made to nonprofit or public agencies under section 514 
and avoiding the displacement of tenant households, which shall--
          (1) set forth specific performance goals and measures;
          (2) set forth the specific actions and mechanisms by which 
        such goals will be achieved;
          (3) set forth specific measurements by which progress towards 
        achievement of each goal can be measured;
          (4) provide for detailed reporting on outcomes; and
          (5) include any legislative recommendations to assist in 
        achievement of the goals under the plan.
  (b) Advisory Committee.--
          (1) Establishment; purpose.--The Secretary shall establish an 
        advisory committee whose purpose shall be to assist the 
        Secretary in preserving section 515 properties and section 514 
        properties owned by nonprofit or public agencies through the 
        multifamily housing preservation and revitalization program 
        under section 545 and in implementing the plan required under 
        subsection (a).
          (2) Member.--The advisory committee shall consist of 16 
        members, appointed by the Secretary, as follows:
                  (A) A State Director of Rural Development for the 
                Department of Agriculture.
                  (B) The Administrator for Rural Housing Service of 
                the Department of Agriculture.
                  (C) Two representatives of for-profit developers or 
                owners of multifamily rural rental housing.
                  (D) Two representatives of non-profit developers or 
                owners of multifamily rural rental housing.
                  (E) Two representatives of State housing finance 
                agencies.
                  (F) Two representatives of tenants of multifamily 
                rural rental housing.
                  (G) One representative of a community development 
                financial institution that is involved in preserving 
                the affordability of housing assisted under sections 
                514, 515, and 516 of the Housing Act of 1949.
                  (H) 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 regarding, and 
                providing financing and technical assistance for, 
                preserving the affordability of such housing.
                  (I) One representative of low-income housing tax 
                credit investors.
                  (J) One representative of regulated financial 
                institutions that finance affordable multifamily rural 
                rental housing developments.
                  (K) Two representatives from non-profit organizations 
                representing farmworkers, including one organization 
                representing farmworker women.
          (3) Meetings.--The advisory committee shall meet not less 
        often than once each calendar quarter.
          (4) Functions.--In providing assistance to the Secretary to 
        carry out its purpose, the advisory committee shall carry out 
        the following functions:
                  (A) Assisting the Rural Housing Service of the 
                Department of Agriculture to improve estimates of the 
                size, scope, and condition of rental housing portfolio 
                of the Service, including the time frames for maturity 
                of mortgages and costs for preserving the portfolio as 
                affordable housing.
                  (B) Reviewing current policies and procedures of the 
                Rural Housing Service regarding preservation of 
                affordable rental housing financed under sections 514, 
                515, 516, and 538 of the Housing Act of 1949, the 
                Multifamily Preservation and Revitalization 
                Demonstration program (MPR), and the rental assistance 
                program and making recommendations regarding 
                improvements and modifications to such policies and 
                procedures.
                  (C) Providing ongoing review of Rural Housing Service 
                program results.
                  (D) Providing reports to the Congress and the public 
                on meetings, recommendations, and other findings of the 
                advisory committee.
          (5) 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 committee.

SEC. 227. COVERED HOUSING PROGRAMS.

  Paragraph (3) of section 41411(a) of the Violence Against Women Act 
of 1994 (34 U.S.C. 12491(a)(3)) is amended--
          (1) in subparagraph (I), by striking ``and'' at the end;
          (2) by redesignating subparagraph (J) as subparagraph (K); 
        and
          (3) by inserting after subparagraph (I) the following new 
        subparagraph:
                  ``(J) rural development housing voucher assistance 
                provided by the Secretary of Agriculture pursuant to 
                section 542 of the Housing Act of 1949 (42 U.S.C. 
                1490r), without regard to subsection (b) of such 
                section, and applicable appropriation Acts; and''.

SEC. 228. NEW FARMWORKER HOUSING.

  Section 513 of the Housing Act of 1949 (42 U.S.C. 1483) is amended by 
adding at the end the following new subsection:
  ``(f) Funding for Farmworker Housing.--
          ``(1) Section 514 farmworker housing loans.--
                  ``(A) Insurance authority.--The Secretary of 
                Agriculture may, to the extent approved in 
                appropriation Acts, insure loans under section 514 (42 
                U.S.C. 1484) during each of fiscal years 2020 through 
                2029 in an aggregate amount not to exceed $200,000,000.
                  ``(B) Authorization of appropriations for costs.--
                There is authorized to be appropriated $75,000,000 for 
                each of fiscal years 2020 through 2029 for costs (as 
                such term is defined in section 502 of the 
                Congressional Budget Act of 1974 (2 U.S.C. 661a)) of 
                loans insured pursuant the authority under subparagraph 
                (A).
          ``(2) Section 516 grants for farmworker housing.--There is 
        authorized to be appropriated $30,000,000 for each of fiscal 
        years 2020 through 2029 for financial assistance under section 
        516 (42 U.S.C. 1486).
          ``(3) Section 521 housing assistance.--There is authorized to 
        be appropriated $2,700,000,000 for each of fiscal years 2020 
        through 2029 for rental assistance agreements entered into or 
        renewed pursuant to section 521(a)(2) (42 U.S.C. 1490a(a)(2)) 
        or agreements entered into in lieu of debt forgiveness or 
        payments for eligible households as authorized by section 
        502(c)(5)(D).''.

SEC. 229. LOAN AND GRANT LIMITATIONS.

  Section 514 of the Housing Act of 1949 (42 U.S.C. 1484) is amended by 
adding at the end the following:
  ``(j) Per Project Limitations on Assistance.--If the Secretary, in 
making available assistance in any area under this section or section 
516 (42 U.S.C. 1486), establishes a limitation on the amount of 
assistance available per project, the limitation on a grant or loan 
award per project shall not be less than $5 million.''.

SEC. 230. OPERATING ASSISTANCE SUBSIDIES.

  Subsection (a)(5) of section 521 of the Housing Act of 1949 (42 
U.S.C. 1490a(a)(5)) is amended--
          (1) in subparagraph (A) by inserting ``or domestic farm labor 
        legally admitted to the United States and authorized to work in 
        agriculture'' after ``migrant farmworkers'';
          (2) in subparagraph (B)--
                  (A) by striking ``Amount.--In any fiscal year'' and 
                inserting ``Amount.--
                          ``(i) Housing for migrant farmworkers.--In 
                        any fiscal year'';
                  (B) by inserting ``providing housing for migrant 
                farmworkers'' after ``any project''; and
                  (C) by inserting at the end the following:
                          ``(ii) Housing for other farm labor.--In any 
                        fiscal year, 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 
                        50 percent of the operating costs for the 
                        project for the year, as determined by the 
                        Secretary. 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 labor, and that a grant 
                        under this section will not displace any farm 
                        worker who is a United States worker.''; and
          (3) in subparagraph (D), by adding at the end the following:
                  ``(iii) The term `domestic farm labor' has the same 
                meaning given such term in section 514(f)(3) (42 U.S.C. 
                1484(f)(3)), except that subparagraph (A) of such 
                section shall not apply for purposes this section.''.

SEC. 231. ELIGIBILITY OF CERTIFIED WORKERS.

  Subsection (a) of section 214 of the Housing and Community 
Development Act of 1980 (42 U.S.C. 1436a) is amended--
          (1) in paragraph (6), by striking ``or'' at the end;
          (2) by redesignating paragraph (7) as paragraph (8); and
          (3) by inserting after paragraph (6) the following:
          ``(7) an alien granted certified agricultural worker or 
        certified agricultural dependent status under title I of the 
        Farm Workforce Modernization Act of 2019, but solely for 
        financial assistance made available pursuant to section 521 or 
        542 of the Housing Act of 1949 (42 U.S.C. 1490a, 1490r); or''.

           Subtitle C--Foreign Labor Recruiter Accountability

SEC. 251. REGISTRATION OF FOREIGN LABOR RECRUITERS.

  (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Labor, in consultation with the 
Secretary of State and the Secretary of Homeland Security, shall 
establish procedures for the electronic registration of foreign labor 
recruiters engaged in the recruitment of nonimmigrant workers described 
in section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(15)(H)(ii)(a)) to perform agricultural labor or 
services in the United States.
  (b) Procedural Requirements.--The procedures described in subsection 
(a) shall--
          (1) require the applicant to submit a sworn declaration--
                  (A) stating the applicant's permanent place of 
                residence or principal place of business, as 
                applicable;
                  (B) describing the foreign labor recruiting 
                activities in which the applicant is engaged; and
                  (C) including such other relevant information as the 
                Secretary of Labor and the Secretary of State may 
                require;
          (2) include an expeditious means to update and renew 
        registrations;
          (3) include a process, which shall include the placement of 
        personnel at each United States diplomatic mission in 
        accordance with subsection (g)(2), 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 subtitle;
          (4) include procedures for the receipt and processing of 
        complaints against foreign labor recruiters and for remedies, 
        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 
        subtitle;
          (5) 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 workers, 
        including payment of wages; and
          (6) 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 registration.
  (c) Attestations.--Foreign labor recruiters registering under this 
subtitle shall attest and agree to abide by the following requirements:
          (1) Prohibited fees.--The foreign labor recruiter, including 
        any agent or employee of such foreign labor recruiter, shall 
        not assess any recruitment fees on a worker for any foreign 
        labor recruiting activity.
          (2) 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 subtitle.
          (3) 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 recruitment, the following information:
                  (A) The identity and address of the employer and the 
                identity and address of the person conducting the 
                recruiting on behalf of the employer, including each 
                subcontractor or agent involved in such recruiting.
                  (B) A copy of the approved job order or work contract 
                under section 218 of the Immigration and Nationality 
                Act, including all assurances and terms and conditions 
                of employment.
                  (C) A statement, in a form specified by the 
                Secretary--
                          (i) describing the general terms and 
                        conditions associated with obtaining an H-2A 
                        visa and maintaining H-2A status;
                          (ii) affirming the prohibition on the 
                        assessment of fees described in paragraph (1), 
                        and explaining that such fees, if paid by the 
                        employer, may not be passed on to the worker;
                          (iii) describing the protections afforded the 
                        worker under this subtitle, including 
                        procedures for reporting violations to the 
                        Secretary of State, filing a complaint with the 
                        Secretary of Labor, or filing a civil action; 
                        and
                          (iv) describing the protections afforded the 
                        worker by section 202 of the William 
                        Wilberforce Trafficking Victims Protection 
                        Reauthorization Act of 2008 (8 U.S.C. 1375b), 
                        including the telephone number for the national 
                        human trafficking resource center hotline 
                        number.
          (4) Bond.--The foreign labor recruiter shall agree to 
        maintain a bond sufficient to ensure the ability of the foreign 
        labor recruiter to discharge its responsibilities and ensure 
        protection of workers, and to forfeit such bond in an amount 
        determined by the Secretary under subsections (b)(1)(C)(ii) or 
        (c)(2)(C) of section 252 for failure to comply with the 
        provisions of this subtitle.
          (5) Cooperation in investigation.--The foreign labor 
        recruiter shall agree to cooperate in any investigation under 
        section 252 of this subtitle by the Secretary or other 
        appropriate authorities.
          (6) No retaliation.--The foreign labor recruiter shall agree 
        to refrain from intimidating, threatening, restraining, 
        coercing, discharging, blacklisting or in any other manner 
        discriminating or retaliating against any worker or their 
        family members (including a former worker or an applicant for 
        employment) because such worker disclosed information to any 
        person based on a reason to believe that the foreign labor 
        recruiter, or any agent or subcontractee of such foreign labor 
        recruiter, is engaging or has engaged in a foreign labor 
        recruiting activity that does not comply with this subtitle.
          (7) Employees, agents, 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 conduct.
          (8) Enforcement.--If the foreign labor recruiter is 
        conducting foreign labor recruiting activity wholly outside the 
        United States, 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 action, if such 
        service is made in accordance with the appropriate Federal 
        rules for service of process.
  (d) Term of Registration.--Unless suspended or revoked, a 
registration under this section shall be valid for 2 years.
  (e) Application Fee.--The Secretary shall require a foreign labor 
recruiter that submits an application for registration under this 
section to pay a reasonable fee, sufficient to cover the full costs of 
carrying out the registration activities under this subtitle.
  (f) Notification.--
          (1) Employer notification.--
                  (A) In general.--Not less frequently than once every 
                year, an employer of H-2A 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 employer, whether 
                the foreign labor recruiter is to receive any economic 
                compensation for such services, and, if so, the 
                identity of the person or entity who is paying for the 
                services.
                  (B) Agreement to cooperate.--In addition to the 
                requirements of subparagraph (A), the employer shall--
                          (i) 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 subtitle; and
                          (ii) 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 agreement.
          (2) Foreign labor recruiter notification.--A registered 
        foreign labor recruiter shall notify the Secretary, not less 
        frequently than once every year, of the identity of any 
        subcontractee, agent, or foreign labor recruiter employee 
        involved in any foreign labor recruiting activity for, or on 
        behalf of, the foreign labor recruiter.
  (g) Additional Responsibilities of the Secretary of State.--
          (1)Lists.--The Secretary of State, 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 country, and on websites 
        maintained by the Secretary of Labor, regularly updated lists--
                  (A) of foreign labor recruiters who hold valid 
                registrations under this section, including--
                          (i) the name and address of the foreign labor 
                        recruiter;
                          (ii) the countries in which such recruiters 
                        conduct recruitment;
                          (iii) the employers for whom recruiting is 
                        conducted;
                          (iv) the occupations that are the subject of 
                        recruitment;
                          (v) the States where recruited workers are 
                        employed; and
                          (vi) 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 recruiter; and
                  (B) of foreign labor recruiters whose registration 
                the Secretary has revoked.
          (2) 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 action, if 
        appropriate.
          (3) Visa application procedures.--The Secretary shall ensure 
        that consular officers issuing visas to nonimmigrants under 
        section 101(a)(1)(H)(ii)(a) of the Immigration and Nationality 
        Act (8 U.S.C. 11001(a)(1)(H)(ii)(a))--
                  (A) provide to and review with the applicant, in the 
                applicant's language (or a language the applicant 
                understands), a copy of the information and resources 
                pamphlet required by section 202 of the William 
                Wilberforce Trafficking Victims Protection 
                Reauthorization Act of 2008 (8 U.S.C. 1375b);
                  (B) ensure that the applicant has a copy of the 
                approved job offer or work contract;
                  (C) note in the visa application file whether the 
                foreign labor recruiter has a valid registration under 
                this section; and
                  (D) if the foreign labor recruiter holds a valid 
                registration, review and include in the visa 
                application file, the foreign labor recruiter's 
                disclosures required by subsection (c)(3).
          (4) Data.--The Secretary of State shall make publicly 
        available online, on an annual basis, data disclosing the 
        gender, country of origin (and State, county, or province, if 
        available), age, wage, level of training, and occupational 
        classification, disaggregated by State, of nonimmigrant workers 
        described in section 101(a)(15)(H)(ii)(a) of the Immigration 
        and Nationality Act.

SEC. 252. ENFORCEMENT.

  (a) Denial or Revocation of Registration.--
          (1) Grounds for denial or revocation.--The Secretary shall 
        deny an application for registration, or revoke a registration, 
        if the Secretary determines that the foreign labor recruiter, 
        or any agent or subcontractee of such foreign labor recruiter--
                  (A) knowingly made a material misrepresentation in 
                the registration application;
                  (B) materially failed to comply with one or more of 
                the attestations provided under section 251(c); or
                  (C) is not the real party in interest.
          (2) Notice.--Prior to denying an application for registration 
        or revoking a registration under this subsection, the Secretary 
        shall provide written notice of the intent to deny or revoke 
        the registration to the foreign labor recruiter. Such notice 
        shall--
                  (A) articulate with specificity all grounds for 
                denial or revocation; and
                  (B) provide the foreign labor recruiter with not less 
                than 60 days to respond.
          (3) Re-registration.--A foreign labor recruiter whose 
        registration was revoked under subsection (a) 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 5 years preceding the date an application 
        for registration is filed and has taken sufficient steps to 
        prevent future violations of this subtitle.
  (b) Administrative Enforcement.--
          (1) Complaint process.--
                  (A) Filing.--A complaint may be filed with the 
                Secretary of Labor, in accordance with the procedures 
                established under section 251(b)(4) not later than 2 
                years after the earlier of--
                          (i) the date of the last action which 
                        constituted the conduct that is the subject of 
                        the complaint took place; or
                          (ii) the date on which the aggrieved party 
                        had actual knowledge of such conduct.
                  (B) Decision and penalties.--If the Secretary of 
                Labor finds, after notice and an opportunity for a 
                hearing, that a foreign labor recruiter failed to 
                comply with any of the requirements of this subtitle, 
                the Secretary of Labor may--
                          (i) levy a fine against the foreign labor 
                        recruiter in an amount not more than--
                                  (I) $10,000 per violation; and
                                  (II) $25,000 per violation, upon the 
                                third violation;
                          (ii) order the forfeiture (or partial 
                        forfeiture) of the bond and release of as much 
                        of the bond as the Secretary determines is 
                        necessary for the worker to recover prohibited 
                        recruitment fees;
                          (iii) refuse to issue or renew a 
                        registration, or revoke a registration; or
                          (iv) disqualify the foreign labor recruiter 
                        from registration for a period of up to 5 
                        years, or in the case of a subsequent finding 
                        involving willful or multiple material 
                        violations, permanently disqualify the foreign 
                        labor recruiter from registration.
          (2) Authority to ensure compliance.--The Secretary of Labor 
        is authorized to take other such actions, including issuing 
        subpoenas and seeking appropriate injunctive relief, as may be 
        necessary to assure compliance with the terms and conditions of 
        this subtitle.
          (3) Statutory construction.--Nothing in this subsection may 
        be construed as limiting the authority of the Secretary of 
        Labor to conduct an investigation--
                  (A) under any other law, including any law affecting 
                migrant and seasonal agricultural workers; or
                  (B) in the absence of a complaint.
  (c) Civil Action.--
          (1) 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 recruiter, or any employer 
        that does not meet the requirements under subsection (d)(1), in 
        any court of competent jurisdiction--
                  (A) to seek remedial action, including injunctive 
                relief; and
                  (B) for damages in accordance with the provisions of 
                this subsection.
          (2) Award for civil action filed by an individual.--
                  (A) 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 subtitle, 
                the court may award--
                          (i) damages, up to and including an amount 
                        equal to the amount of actual damages, and 
                        statutory damages of up to $1,000 per plaintiff 
                        per violation, or other equitable relief, 
                        except that with respect to statutory damages--
                                  (I) multiple infractions of a single 
                                provision of this subtitle (or of a 
                                regulation under this subtitle) shall 
                                constitute only 1 violation for 
                                purposes of this subsection to 
                                determine the amount of statutory 
                                damages due a plaintiff; and
                                  (II) if such complaint is certified 
                                as a class action the court may award--
                                          (aa) damages up to an amount 
                                        equal to the amount of actual 
                                        damages; and
                                          (bb) statutory damages of not 
                                        more than the lesser of up to 
                                        $1,000 per class member per 
                                        violation, or up to $500,000; 
                                        and other equitable relief;
                          (ii) reasonable attorneys' fees and costs; 
                        and
                          (iii) such other and further relief as 
                        necessary to effectuate the purposes of this 
                        subtitle.
                  (B) Criteria.--In determining the amount of statutory 
                damages to be awarded under subparagraph (A), the court 
                is authorized to consider whether an attempt was made 
                to resolve the issues in dispute before the resort to 
                litigation.
                  (C) Bond.--To satisfy the damages, fees, and costs 
                found owing under this paragraph, the Secretary shall 
                release as much of the bond held pursuant to section 
                251(c)(4) as necessary.
          (3) Sums recovered in actions by the secretary of labor.--
                  (A) Establishment of account.--There is established 
                in the general fund of the Treasury a separate account, 
                which shall be known as the ``H-2A Foreign Labor 
                Recruiter Compensation Account''. Notwithstanding any 
                other provisions of law, there shall be deposited as 
                offsetting receipts into the account, all sums 
                recovered in an action by the Secretary of Labor under 
                this subsection.
                  (B) Use of funds.--Amounts deposited into the H-2A 
                Foreign Labor Recruiter Compensation Account and shall 
                be paid directly to each worker affected. Any such sums 
                not paid to a worker because of inability to do so 
                within a period of 5 years following the date such 
                funds are deposited into the account shall remain 
                available to the Secretary until expended. 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 victims.
  (d) Employer Safe Harbor.--
          (1) 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--
                  (A) in any administrative action initiated by the 
                Secretary concerning such violation; or
                  (B) 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 
                subtitle.
          (2) 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--
                  (A) without a valid registration at the time of hire; 
                or
                  (B) with a valid registration if the employer knew or 
                learned of the violation and failed to report such 
                violation to the Secretary.
  (e) Parole to Pursue Relief.--If other immigration relief is not 
available, 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 (b) or 
(c).
  (f) Waiver of Rights.--Agreements by employees purporting to waive or 
to modify their rights under this subtitle shall be void as contrary to 
public policy.
  (g) 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 violation.

SEC. 253. 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 subtitle.

SEC. 254. DEFINITIONS.

  For purposes of this subtitle:
          (1) 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 paid, to recruit 
        individuals to work as nonimmigrant workers described in 
        section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)), including any person who 
        performs foreign labor recruiting activity wholly outside of 
        the United States. Such term does not include any entity of the 
        United States Government or an employer, or employee of an 
        employer, who engages in foreign labor recruiting activity 
        solely to find employees for that employer's own use, and 
        without the participation of any other foreign labor recruiter.
          (2) Foreign labor recruiting activity.--The term ``foreign 
        labor recruiting activity'' means recruiting, soliciting, or 
        related activities with respect to an individual who resides 
        outside of the United States in furtherance of employment in 
        the United States, including when such activity occurs wholly 
        outside of the United States.
          (3) Recruitment fees.--The term ``recruitment fees'' has the 
        meaning given to such term under section 22.1702 of title 22 of 
        the Code of Federal Regulations, as in effect on the date of 
        enactment of this Act.
          (4) Person.--The term ``person'' means any natural person or 
        any corporation, company, firm, partnership, joint stock 
        company or association or other organization or entity (whether 
        organized under law or not), including municipal corporations.

      TITLE III--ELECTRONIC VERIFICATION OF EMPLOYMENT ELIGIBILITY

SEC. 301. ELECTRONIC EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.

  (a) In General.--Chapter 8 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1321 et seq.) is amended by inserting after 
section 274D the following:

``SEC. 274E. REQUIREMENTS FOR THE ELECTRONIC VERIFICATION OF EMPLOYMENT 
                    ELIGIBILITY.

  ``(a) Employment Eligibility Verification System.--
          ``(1) In general.--The Secretary of Homeland Security 
        (referred to in this section as the `Secretary') shall 
        establish and administer an electronic verification system 
        (referred to in this section as the `System'), patterned on the 
        E-Verify Program described in section 403(a) of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996 (8 
        U.S.C. 1324a note) (as in effect on the day before the 
        effective date described in section 303(a)(4) of the Farm 
        Workforce Modernization Act of 2019), and using the employment 
        eligibility confirmation system established under section 404 
        of such Act (8 U.S.C. 1324a note) (as so in effect) as a 
        foundation, through which the Secretary shall--
                  ``(A) respond to inquiries made by persons or 
                entities seeking to verify the identity and employment 
                authorization of individuals that such persons or 
                entities seek to hire, or to recruit or refer for a 
                fee, for employment in the United States; and
                  ``(B) maintain records of the inquiries that were 
                made, and of verifications provided (or not provided) 
                to such persons or entities as evidence of compliance 
                with the requirements of this section.
          ``(2) Initial response deadline.--The System shall provide 
        confirmation or a tentative nonconfirmation of an individual's 
        identity and employment authorization as soon as practicable, 
        but not later than 3 calendar days after the initial inquiry.
          ``(3) General design and operation of system.--The Secretary 
        shall design and operate the System--
                  ``(A) 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 sizes, and in remote locations;
                  ``(B) to maximize the accuracy of responses to 
                inquiries submitted by persons or entities;
                  ``(C) to maximize the reliability of the System and 
                to register each instance when the System is unable to 
                receive inquiries;
                  ``(D) to protect the privacy and security of the 
                personally identifiable information maintained by or 
                submitted to the System;
                  ``(E) to provide direct notification of an inquiry to 
                an individual with respect to whom the inquiry is made, 
                including the results of such inquiry, and information 
                related to the process for challenging the results; and
                  ``(F) to maintain appropriate administrative, 
                technical, and physical safeguards to prevent misuse of 
                the System and unfair immigration-related employment 
                practices.
          ``(4) Measures to prevent identity theft and other forms of 
        fraud.--To prevent identity theft and other forms of fraud, the 
        Secretary shall design and operate the System with the 
        following attributes:
                  ``(A) Photo matching tool.--The System shall display 
                the digital photograph of the individual, if any, 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 individual.
                  ``(B) Individual monitoring and suspension of 
                identifying information.--The System shall enable 
                individuals to establish user accounts, after 
                authentication of an individual's identity, that would 
                allow an individual to--
                          ``(i) confirm the individual's own employment 
                        authorization;
                          ``(ii) receive electronic notification when 
                        the individual's social security account number 
                        or other personally identifying information has 
                        been submitted to the System;
                          ``(iii) monitor the use history of the 
                        individual's personally identifying information 
                        in the System, including the identities of all 
                        persons or entities that have submitted such 
                        identifying information to the System, the date 
                        of each query run, and the System response for 
                        each query run;
                          ``(iv) suspend or limit the use of the 
                        individual's social security account number or 
                        other personally identifying information for 
                        purposes of the System; and
                          ``(v) provide notice to the Department of 
                        Homeland Security of any suspected identity 
                        fraud or other improper use of personally 
                        identifying information.
                  ``(C) Blocking misused social security account 
                numbers.--
                          ``(i) In general.--The Secretary, in 
                        consultation with the Commissioner of Social 
                        Security (referred to in this section as the 
                        `Commissioner'), shall develop, after 
                        publication in the Federal Register and an 
                        opportunity for public comment, 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 misuse, 
                        shall be blocked from use in the System unless 
                        the individual using such number is able to 
                        establish, through secure and fair procedures, 
                        that the individual is the legitimate holder of 
                        the number.
                          ``(ii) Notice.--If the Secretary blocks or 
                        suspends a social security account number under 
                        this subparagraph, 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-verified.
                  ``(D) Additional identity authentication tool.--The 
                Secretary shall develop, after publication in the 
                Federal Register and an opportunity for public comment, 
                additional security measures to adequately verify the 
                identity of an individual whose identity may not be 
                verified using the photo tool described in subparagraph 
                (A). Such additional security measures--
                          ``(i) shall be kept up-to-date with 
                        technological advances; and
                          ``(ii) shall be designed to provide a high 
                        level of certainty with respect to identity 
                        authentication.
                  ``(E) Child-lock pilot program.--The Secretary, in 
                consultation with the Commissioner, shall establish a 
                reliable, 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 System. The Secretary may implement the program on 
                a limited pilot basis before making it fully available 
                to all individuals.
          ``(5) Responsibilities of the commissioner of social 
        security.--The Commissioner, in consultation with the 
        Secretary, shall establish a reliable, secure method, which, 
        within the time periods specified in paragraph (2) and 
        subsection (b)(4)(D)(i)(II), compares the name and social 
        security account number provided in an inquiry against such 
        information maintained by the Commissioner in order to validate 
        (or not validate) the information provided by the person or 
        entity with respect to an individual whose identity and 
        employment authorization the person or entity seeks to confirm, 
        the correspondence of the name and number, and whether the 
        individual has presented a social security account number that 
        is not valid for employment. The Commissioner shall not 
        disclose or release social security information (other than 
        such confirmation or nonconfirmation) under the System except 
        as provided under this section or section 205(c)(2)(I) of the 
        Social Security Act (42 U.S.C. 405).
          ``(6) Responsibilities of the secretary of homeland 
        security.--
                  ``(A) In general.--The Secretary of Homeland Security 
                shall establish a reliable, secure method, which, 
                within the time periods specified in paragraph (2) and 
                subsection (b)(4)(D)(i)(II), compares the name and 
                identification or other authorization number (or any 
                other information determined relevant by the Secretary) 
                which are provided in an inquiry against such 
                information maintained or accessed by the Secretary in 
                order to validate (or not validate) the information 
                provided, the correspondence of the name and number, 
                and whether the individual is authorized to be employed 
                in the United States.
                  ``(B) Training.--The Secretary shall provide and 
                regularly update training materials on the use of the 
                System for persons and entities making inquiries.
                  ``(C) Audit.--The Secretary shall provide for 
                periodic auditing of the System to detect and prevent 
                misuse, discrimination, fraud, and identity theft, to 
                protect privacy and assess System accuracy, and to 
                preserve the integrity and security of the information 
                in the System.
                  ``(D) 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 documents, and use of the System.
          ``(7) Responsibilities of the secretary of state.--As part of 
        the System, 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 (b)(3)(A)(i) confirms the 
        employment authorization and identity of the individual 
        presenting such document, and that a passport, passport card, 
        or visa photograph matches the Secretary of State's records, 
        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 
        information.
          ``(8) Updating information.--The Commissioner, the Secretary 
        of Homeland Security, 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 information, including instances 
        in which it is brought to their attention through the secondary 
        verification process under subsection (b)(4)(D).
          ``(9) Mandatory and voluntary system uses.--
                  ``(A) Mandatory users.--Except as otherwise provided 
                under Federal or State law, such as sections 302 and 
                303 of the Farm Workforce Modernization Act of 2019, 
                nothing in this section shall be construed as requiring 
                the use of the System by any person or entity hiring, 
                recruiting, or referring for a fee, an individual for 
                employment in the United States.
                  ``(B) Voluntary users.--Beginning after the date that 
                is 30 days after the date on which final rules are 
                published under section 309(a) of the Farm Workforce 
                Modernization Act of 2019, 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 hiring, recruiting, 
                or referring for a fee for employment in the United 
                States
                  ``(C) Process for non-users.--The employment 
                verification process for any person or entity hiring, 
                recruiting, or referring for a fee, an individual for 
                employment in the United States shall be governed by 
                section 274A(b) unless the person or entity--
                          ``(i) is required by Federal or State law to 
                        use the System; or
                          ``(ii) has opted to use the System 
                        voluntarily in accordance with subparagraph 
                        (B).
          ``(10) No fee for use.--The Secretary may not charge a fee to 
        an individual, person, or entity related to the use of the 
        System.
  ``(b) New Hires, Recruitment, and Referral.--Notwithstanding section 
274A(b), the requirements referred to in paragraphs (1)(B) and (3) of 
section 274A(a) are, in the case of a person or entity that uses the 
System for the hiring, recruiting, or referring for a fee, an 
individual for employment in the United States, the following:
          ``(1) 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 hire, the 
        individual shall attest, under penalty of perjury on a form 
        designated by the Secretary, that the individual is authorized 
        to be employed in the United States by providing on such form--
                  ``(A) the individual's name and date of birth;
                  ``(B) the individual's social security account number 
                (unless the individual has applied for and not yet been 
                issued such a number);
                  ``(C) whether the individual is--
                          ``(i) a citizen or national of the United 
                        States;
                          ``(ii) an alien lawfully admitted for 
                        permanent residence; or
                          ``(iii) an alien who is otherwise authorized 
                        by the Secretary to be hired, recruited, or 
                        referred for employment in the United States; 
                        and
                  ``(D) if the individual does not attest to United 
                States citizenship or nationality, such identification 
                or other authorization number established by the 
                Department of Homeland Security for the alien as the 
                Secretary may specify.
          ``(2) Employer attestation after examination of documents.--
        Not later than 3 business days after the date of hire, the 
        person or entity shall attest, under penalty of perjury on the 
        form designated by the Secretary for purposes of paragraph (1), 
        that it has verified that the individual is not an unauthorized 
        alien by--
                  ``(A) obtaining from the individual the information 
                described in paragraph (1) and recording such 
                information on the form;
                  ``(B) examining--
                          ``(i) a document described in paragraph 
                        (3)(A); or
                          ``(ii) a document described in paragraph 
                        (3)(B) and a document described in paragraph 
                        (3)(C); and
                  ``(C) attesting that the information recorded on the 
                form is consistent with the documents examined.
          ``(3) Acceptable documents.--
                  ``(A) Documents establishing employment authorization 
                and identity.--A document described in this 
                subparagraph is an individual's--
                          ``(i) United States passport or passport 
                        card;
                          ``(ii) permanent resident card that contains 
                        a photograph;
                          ``(iii) foreign passport containing temporary 
                        evidence of lawful permanent residence in the 
                        form of an official I-551 (or successor) stamp 
                        from the Department of Homeland Security or a 
                        printed notation on a machine-readable 
                        immigrant visa;
                          ``(iv) unexpired employment authorization 
                        card that contains a photograph;
                          ``(v) in the case of a nonimmigrant alien 
                        authorized to engage in employment for a 
                        specific employer incident to status, a foreign 
                        passport with Form I-94, Form I-94A, 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 
                        documentation;
                          ``(vi) passport from the Federated States of 
                        Micronesia or the Republic of the Marshall 
                        Islands with Form I-94, Form I-94A, or other 
                        documentation as designated by the Secretary, 
                        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 Islands; or
                          ``(vii) other document designated by the 
                        Secretary, by notice published in the Federal 
                        Register, if the document--
                                  ``(I) contains a photograph of the 
                                individual, biometric identification 
                                data, and other personal identifying 
                                information relating to the individual;
                                  ``(II) is evidence of authorization 
                                for employment in the United States; 
                                and
                                  ``(III) contains security features to 
                                make it resistant to tampering, 
                                counterfeiting, and fraudulent use.
                  ``(B) Documents establishing employment 
                authorization.--A document described in this 
                subparagraph is--
                          ``(i) an individual's social security account 
                        number card (other than such a card which 
                        specifies on the face that the issuance of the 
                        card does not authorize employment in the 
                        United States); or
                          ``(ii) a document establishing employment 
                        authorization that the Secretary determines, by 
                        notice published in the Federal Register, to be 
                        acceptable for purposes of this subparagraph, 
                        provided that such documentation contains 
                        security features to make it resistant to 
                        tampering, counterfeiting, and fraudulent use.
                  ``(C) Documents establishing identity.--A document 
                described in this subparagraph is--
                          ``(i) 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 individual;
                          ``(ii) an individual's unexpired United 
                        States military identification card;
                          ``(iii) an individual's unexpired Native 
                        American tribal identification document issued 
                        by a tribal entity recognized by the Bureau of 
                        Indian Affairs;
                          ``(iv) in the case of an individual under 18 
                        years of age, a parent or legal guardian's 
                        attestation under penalty of law as to the 
                        identity and age of the individual; or
                          ``(v) a document establishing identity that 
                        the Secretary determines, by notice published 
                        in the Federal Register, to be acceptable for 
                        purposes of this subparagraph, if such 
                        documentation contains a photograph of the 
                        individual, biometric identification data, and 
                        other personal identifying information relating 
                        to the individual, and security features to 
                        make it resistant to tampering, counterfeiting, 
                        and fraudulent use.
                  ``(D) Authority to prohibit use of certain 
                documents.--If the Secretary finds that any document or 
                class of documents described in subparagraph (A), (B), 
                or (C) does not reliably establish identity or 
                employment authorization or is being used fraudulently 
                to an unacceptable degree, the Secretary may, by notice 
                published in the Federal Register, prohibit or place 
                conditions on the use of such document or class of 
                documents for purposes of this section.
          ``(4) Use of the system to screen identity and employment 
        authorization.--
                  ``(A) In general.--In the case of a person or entity 
                that uses the System for the hiring, recruiting, or 
                referring for a fee an individual for employment in the 
                United States, during the period described in 
                subparagraph (B), the person or entity shall submit an 
                inquiry through the System described in subsection (a) 
                to seek verification of the identity and employment 
                authorization of the individual.
                  ``(B) Verification period.--
                          ``(i) In general.--Except as provided in 
                        clause (ii), and subject to subsection (d), the 
                        verification period shall begin on the date of 
                        hire and end on the date that is 3 business 
                        days after the date of hire, or such other 
                        reasonable period as the Secretary may 
                        prescribe.
                          ``(ii) 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 
                        number, the verification period shall end 3 
                        business days after the alien receives the 
                        social security account number.
                  ``(C) Confirmation.--If a person or entity receives 
                confirmation of an individual's identity and employment 
                authorization, the person or entity shall record such 
                confirmation on the form designated by the Secretary 
                for purposes of paragraph (1).
                  ``(D) Tentative nonconfirmation.--
                          ``(i) In general.--In cases of tentative 
                        nonconfirmation, the Secretary shall provide, 
                        in consultation with the Commissioner, a 
                        process for--
                                  ``(I) an individual to contest the 
                                tentative nonconfirmation not later 
                                than 10 business days after the date of 
                                the receipt of the notice described in 
                                clause (ii); and
                                  ``(II) the Secretary to issue a 
                                confirmation or final nonconfirmation 
                                of an individual's identity and 
                                employment authorization not later than 
                                30 calendar days after the Secretary 
                                receives notice from the individual 
                                contesting a tentative nonconfirmation.
                          ``(ii) Notice.--If a person or entity 
                        receives a tentative nonconfirmation of an 
                        individual's identity or employment 
                        authorization, the person or entity shall, not 
                        later than 3 business days after receipt, 
                        notify such individual in writing in a language 
                        understood by the individual and on a form 
                        designated by the Secretary, that shall include 
                        a description of the individual's right to 
                        contest the tentative nonconfirmation. The 
                        person or entity shall attest, under penalty of 
                        perjury, that the person or entity provided (or 
                        attempted to provide) such notice to the 
                        individual, and the individual shall 
                        acknowledge receipt of such notice in a manner 
                        specified by the Secretary.
                          ``(iii) No contest.--
                                  ``(I) In general.--A tentative 
                                nonconfirmation shall become final if, 
                                upon receiving the notice described in 
                                clause (ii), the individual--
                                          ``(aa) refuses to acknowledge 
                                        receipt of such notice;
                                          ``(bb) acknowledges in 
                                        writing, in a manner specified 
                                        by the Secretary, that the 
                                        individual will not contest the 
                                        tentative nonconfirmation; or
                                          ``(cc) fails to contest the 
                                        tentative nonconfirmation 
                                        within the 10-business-day 
                                        period beginning on the date 
                                        the individual received such 
                                        notice.
                                  ``(II) 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 (I).
                                  ``(III) 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 
                                law.
                          ``(iv) Contest.--
                                  ``(I) In general.--An individual may 
                                contest a tentative nonconfirmation by 
                                using the process for secondary 
                                verification under clause (i), not 
                                later than 10 business days after 
                                receiving the notice described in 
                                clause (ii). Except as provided in 
                                clause (iii), the nonconfirmation shall 
                                remain tentative until a confirmation 
                                or final nonconfirmation is provided by 
                                the System.
                                  ``(II) 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 System. Nothing in this subclause 
                                shall prohibit an employer from 
                                terminating the employment of the 
                                individual for any other lawful reason.
                                  ``(III) Confirmation or final 
                                nonconfirmation.--The Secretary, in 
                                consultation with the Commissioner, 
                                shall issue notice of a confirmation or 
                                final nonconfirmation of the 
                                individual's identity and employment 
                                authorization not later than 30 
                                calendar days after the date the 
                                Secretary receives notice from the 
                                individual contesting the tentative 
                                nonconfirmation.
                  ``(E) Final nonconfirmation.--
                          ``(i) Notice.--If a person or entity receives 
                        a final nonconfirmation of an individual's 
                        identity or employment authorization, the 
                        person or entity shall, not later than 3 
                        business days after receipt, notify such 
                        individual of the final nonconfirmation in 
                        writing, on a form designated by the Secretary, 
                        which shall include information regarding the 
                        individual's right to appeal the final 
                        nonconfirmation as provided under subparagraph 
                        (F). The person or entity shall attest, under 
                        penalty of perjury, that the person or entity 
                        provided (or attempted to provide) the notice 
                        to the individual, and the individual shall 
                        acknowledge receipt of such notice in a manner 
                        designated by the Secretary.
                          ``(ii) Termination or notification of 
                        continued employment.--If a person or entity 
                        receives a final nonconfirmation regarding an 
                        individual, the person or entity may terminate 
                        employment of the individual. If the person or 
                        entity does not terminate such employment 
                        pending appeal of the final nonconfirmation, 
                        the person or entity shall notify the Secretary 
                        of such fact through the System. Failure to 
                        notify the Secretary in accordance with this 
                        clause shall be deemed a violation of section 
                        274A(a)(1)(A).
                          ``(iii) Presumption of violation for 
                        continued employment.--If a person or entity 
                        continues to employ an individual after receipt 
                        of a final nonconfirmation, there shall be a 
                        rebuttable presumption that the person or 
                        entity has violated paragraphs (1)(A) and 
                        (a)(2) of section 274A(a).
                  ``(F) Appeal of final nonconfirmation.--
                          ``(i) Administrative appeal.--The Secretary, 
                        in consultation with the Commissioner, shall 
                        develop a process by which an individual may 
                        seek administrative review of a final 
                        nonconfirmation. Such process shall--
                                  ``(I) permit the individual to submit 
                                additional evidence establishing 
                                identity or employment authorization;
                                  ``(II) ensure prompt resolution of an 
                                appeal (but in no event shall there be 
                                a failure to respond to an appeal 
                                within 30 days); and
                                  ``(III) permit the Secretary to 
                                impose a civil money penalty (not to 
                                exceed $500) on an individual upon 
                                finding that an appeal was frivolous or 
                                filed for purposes of delay.
                          ``(ii) Compensation for lost wages resulting 
                        from government error or omission.--
                                  ``(I) In general.--If, upon 
                                consideration of an appeal of a final 
                                nonconfirmation, the Secretary 
                                determines that the final 
                                nonconfirmation was issued in error, 
                                the Secretary shall further determine 
                                whether the final nonconfirmation was 
                                the result of government error or 
                                omission. If the Secretary determines 
                                that the final nonconfirmation was 
                                solely the result of government error 
                                or omission and the individual was 
                                terminated from employment, the 
                                Secretary shall compensate the 
                                individual for lost wages.
                                  ``(II) 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 termination. The 
                                individual shall be compensated for 
                                lost wages beginning on the first 
                                scheduled work day after employment was 
                                terminated and ending 90 days after 
                                completion of the administrative review 
                                process described in this subparagraph 
                                or the day the individual is reinstated 
                                or obtains other employment, whichever 
                                occurs first.
                                  ``(III) 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 States.
                                  ``(IV) Source of funds.--There is 
                                established in the general fund of the 
                                Treasury, a separate account which 
                                shall be known as the `Electronic 
                                Verification Compensation Account'. 
                                Fees collected under subsections (f) 
                                and (g) shall be deposited in the 
                                Electronic Verification Compensation 
                                Account and shall remain available for 
                                purposes of providing compensation for 
                                lost wages under this subclause.
                          ``(iii) Judicial review.--Not later than 30 
                        days after the dismissal of an appeal under 
                        this subparagraph, 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 
                        business.
          ``(5) Retention of verification records.--
                  ``(A) In general.--After completing the form 
                designated by the Secretary in accordance with 
                paragraphs (1) and (2), the person or entity shall 
                retain the form in paper, microfiche, microfilm, 
                electronic, or other format deemed acceptable by the 
                Secretary, and make it available for inspection by 
                officers of the Department of Homeland Security, the 
                Department of Justice, or the Department of Labor 
                during the period beginning on the date the 
                verification is completed and ending on the later of--
                          ``(i) the date that is 3 years after the date 
                        of hire; or
                          ``(ii) the date that is 1 year after the date 
                        on which the individual's employment is 
                        terminated.
                  ``(B) Copying of documentation permitted.--
                Notwithstanding any other provision of law, a person or 
                entity may copy a document presented by an individual 
                pursuant to this section and may retain the copy, but 
                only for the purpose of complying with the requirements 
                of this section.
  ``(c) Reverification of Previously Hired Individuals.--
          ``(1) Mandatory reverification.--In the case of a person or 
        entity that uses the System for the hiring, recruiting, or 
        referring for a fee an individual for employment in the United 
        States, the person or entity shall submit an inquiry using the 
        System to verify the identity and employment authorization of--
                  ``(A) an individual with a limited period of 
                employment authorization, within 3 business days before 
                the date on which such employment authorization 
                expires; and
                  ``(B) an individual, not later than 10 days after 
                receiving a notification from the Secretary requiring 
                the verification of such individual pursuant to 
                subsection (a)(4)(C).
          ``(2) Reverification procedures.--The verification procedures 
        under subsection (b) shall apply to reverifications under this 
        subsection, except that employers shall--
                  ``(A) use a form designated by the Secretary for 
                purposes of this paragraph; and
                  ``(B) retain the form in paper, microfiche, 
                microfilm, electronic, or other format deemed 
                acceptable by the Secretary, and make it available for 
                inspection by officers of the Department of Homeland 
                Security, the Department of Justice, or the Department 
                of Labor during the period beginning on the date the 
                reverification commences and ending on the later of--
                          ``(i) the date that is 3 years after the date 
                        of reverification; or
                          ``(ii) the date that is 1 year after the date 
                        on which the individual's employment is 
                        terminated.
          ``(3) Limitation on reverification.--Except as provided in 
        paragraph (1), a person or entity may not otherwise reverify 
        the identity and employment authorization of a current 
        employee, including an employee continuing in employment.
  ``(d) Good Faith Compliance.--
          ``(1) In general.--Except as otherwise provided in this 
        subsection, 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 System, or 
        other technical or procedural failure to meet such requirement 
        if there was a good faith attempt to comply with the 
        requirement.
          ``(2) Exception for failure to correct after notice.--
        Paragraph (1) shall not apply if--
                  ``(A) the failure is not de minimis;
                  ``(B) the Secretary has provided notice to the person 
                or entity of the failure, including an explanation as 
                to why it is not de minimis;
                  ``(C) the person or entity has been provided a period 
                of not less than 30 days (beginning after the date of 
                the notice) to correct the failure; and
                  ``(D) the person or entity has not corrected the 
                failure voluntarily within such period.
          ``(3) Exception for pattern or practice violators.--Paragraph 
        (1) shall not apply to a person or entity that has engaged or 
        is engaging in a pattern or practice of violations of paragraph 
        (1)(A) or (2) of section 274A(a).
          ``(4) Defense.--In the case of a person or entity that uses 
        the System for the hiring, recruiting, or referring for a fee 
        an individual for employment in the United States, the person 
        or entity shall not be liable to a job applicant, an employee, 
        the Federal Government, or a State or local government, under 
        Federal, State, or local criminal or civil law, for any 
        employment-related action taken with respect to an employee in 
        good-faith reliance on information provided by the System. Such 
        person or entity shall be deemed to have established compliance 
        with its obligations under this section, absent a showing by 
        the Secretary, by clear and convincing evidence, that the 
        employer had knowledge that an employee is an unauthorized 
        alien.
  ``(e) Limitations.--
          ``(1) No national identification card.--Nothing in this 
        section shall be construed to authorize, directly or 
        indirectly, the issuance or use of national identification 
        cards or the establishment of a national identification card.
          ``(2) Use of records.--Notwithstanding any other provision of 
        law, nothing in this section shall be construed to permit or 
        allow any department, bureau, or other agency of the United 
        States Government to utilize any information, database, 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 secure, 
        appropriate, and non-discriminatory use of the System.
  ``(f) Penalties.--
          ``(1) In general.--Except as provided in this subsection, the 
        provisions of subsections (e) through (g) of section 274A shall 
        apply with respect to compliance with the provisions of this 
        section and penalties for non-compliance for persons or 
        entitles that use the System.
          ``(2) Cease and desist order with civil money penalties for 
        hiring, recruiting, and referral violations.--Notwithstanding 
        the civil money penalties set forth in section 274A(e)(4), with 
        respect to a violation of paragraph (1)(A) or (2) of section 
        274A(a) by a person or entity that has hired, recruited, or 
        referred for a fee, an individual for employment in the United 
        States, a cease and desist order--
                  ``(A) shall require the person or entity to pay a 
                civil penalty in an amount, subject to subsection (d), 
                of--
                          ``(i) not less than $2,500 and not more than 
                        $5,000 for each unauthorized alien with respect 
                        to whom a violation of either such subsection 
                        occurred;
                          ``(ii) not less than $5,000 and not more than 
                        $10,000 for each such alien in the case of a 
                        person or entity previously subject to one 
                        order under this paragraph; or
                          ``(iii) not less than $10,000 and not more 
                        than $25,000 for each such alien in the case of 
                        a person or entity previously subject to more 
                        than one order under this paragraph; and
                  ``(B) may require the person or entity to take such 
                other remedial action as appropriate.
          ``(3) Order for civil money penalty for violations.--With 
        respect to a violation of section 274A(a)(1)(B), the order 
        under this paragraph shall require the person or entity to pay 
        a civil penalty in an amount, subject to paragraphs (4), (5), 
        and (6), of not less than $1,000 and not more than $25,000 for 
        each individual with respect to whom such violation occurred. 
        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 false, shall be 
        treated as a violation of section 274A(a)(1)(A).
          ``(4) Exemption from penalty for good faith violation.--
                  ``(A) In general.--A person or entity that uses the 
                System is presumed to have acted with knowledge for 
                purposes of paragraphs (1)(A) and (2) of section 
                274A(a) if the person or entity fails to make an 
                inquiry to verify the identity and employment 
                authorization of the individual through the System.
                  ``(B) Good faith exemption.--In the case of 
                imposition of a civil penalty under paragraph (2)(A) 
                with respect to a violation of paragraph (1)(A) or (2) 
                of section 274A(a) for hiring or continuation of 
                employment or recruitment or referral by a person or 
                entity, and in the case of imposition of a civil 
                penalty under paragraph (3) for a violation of section 
                274A(a)(1)(B) for hiring or recruitment or referral by 
                a person or entity, the penalty otherwise imposed may 
                be waived or reduced if the person or entity 
                establishes that the person or entity acted in good 
                faith.
          ``(5) Mitigation elements.--For purposes of paragraphs (2)(A) 
        and (3), when assessing the level of civil money penalties, in 
        addition to the good faith of the person or entity being 
        charged, due consideration shall be given to the size of the 
        business, the seriousness of the violation, whether or not the 
        individual was an unauthorized alien, and the history of 
        previous violations.
          ``(6) Criminal penalty.--Notwithstanding section 274A(f)(1) 
        and the provisions of any other Federal law relating to fine 
        levels, 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 (1) or (2) of section 
        274A(a), shall be fined not more than $5,000 for each 
        unauthorized alien with respect to whom such a violation 
        occurs, imprisoned for not more than 18 months, or both.
          ``(7) 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 omission, as set forth 
        in subsection (b)(4)(F)(ii)(IV).
          ``(8) Debarment.--
                  ``(A) In general.--If a person or entity is 
                determined by the Secretary to be a repeat violator of 
                paragraph (1)(A) or (2) of section 274A(a) or is 
                convicted of a crime under section 274A, such person or 
                entity may be considered for debarment from the receipt 
                of Federal contracts, grants, or cooperative agreements 
                in accordance with the debarment standards and pursuant 
                to the debarment procedures set forth in the Federal 
                Acquisition Regulation.
                  ``(B) No contract, grant, agreement.--If the 
                Secretary or the Attorney General wishes to have a 
                person or entity considered for debarment in accordance 
                with this paragraph, and such a person or entity does 
                not hold a Federal contract, grant or cooperative 
                agreement, 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 
                Procurement, and if so, for what duration and under 
                what scope.
                  ``(C) Contract, grant, agreement.--If the Secretary 
                or the Attorney General wishes to have a person or 
                entity considered for debarment in accordance with this 
                paragraph, and such person or entity holds a Federal 
                contract, grant, or cooperative agreement, the 
                Secretary or Attorney General shall advise all agencies 
                or departments holding a contract, grant, or 
                cooperative agreement with the person or entity of the 
                Government's interest in having the person or entity 
                considered for debarment, and after soliciting and 
                considering the views of all such agencies and 
                departments, 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 Procurement, and 
                if so, for what duration and under what scope.
                  ``(D) Review.--Any decision to debar a person or 
                entity in accordance with this subsection shall be 
                reviewable pursuant to part 9.4 of the Federal 
                Acquisition Regulation.
          ``(9) Preemption.--The provisions of this section preempt any 
        State or local law, ordinance, policy, or rule, including any 
        criminal or civil fine or penalty structure, relating to the 
        hiring, continued employment, or status verification for 
        employment eligibility purposes, of unauthorized aliens, except 
        that a State, locality, municipality, 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 section.
  ``(g) Unfair Immigration-related Employment Practices and the 
System.--
          ``(1) In general.--In addition to the prohibitions on 
        discrimination set forth in section 274B, it is an unfair 
        immigration-related employment practice for a person or entity, 
        in the course of utilizing the System--
                  ``(A) to use the System for screening an applicant 
                prior to the date of hire;
                  ``(B) 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 System;
                  ``(C) to use the System to screen any individual for 
                any purpose other than confirmation of identity and 
                employment authorization as provided in this section;
                  ``(D) to use the System to verify the identity and 
                employment authorization of a current employee, 
                including an employee continuing in employment, other 
                than reverification authorized under subsection (c);
                  ``(E) to use the System to discriminate based on 
                national origin or citizenship status;
                  ``(F) to willfully fail to provide an individual with 
                any notice required under this title;
                  ``(G) to require an individual to make an inquiry 
                under the self-verification procedures described in 
                subsection (a)(4)(B) or to provide the results of such 
                an inquiry as a condition of employment, or hiring, 
                recruiting, or referring; or
                  ``(H) 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 (b).
          ``(2) Preemployment screening and background check.--Nothing 
        in paragraph (1)(A) shall be construed to preclude a 
        preemployment screening or background check that is required or 
        permitted under any other provision of law.
          ``(3) Civil money penalties for discriminatory conduct.--
        Notwithstanding section 274B(g)(2)(B)(iv), 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 
        (1) are--
                  ``(A) not less than $1,000 and not more than $4,000 
                for each individual discriminated against;
                  ``(B) in the case of a person or entity previously 
                subject to a single order under this paragraph, not 
                less than $4,000 and not more than $10,000 for each 
                individual discriminated against; and
                  ``(C) in the case of a person or entity previously 
                subject to more than one order under this paragraph, 
                not less than $6,000 and not more than $20,000 for each 
                individual discriminated against.
          ``(4) 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 omission, as set forth in 
        subsection (b)(4)(F)(ii)(IV).
  ``(h) Clarification.--All rights and remedies provided under any 
Federal, State, or local law relating to workplace rights, including 
but not limited to back pay, are available to an employee despite--
          ``(1) the employee's status as an unauthorized alien during 
        or after the period of employment; or
          ``(2) the employer's or employee's failure to comply with the 
        requirements of this section.
  ``(i) Definition.--In this section, the term `date of hire' means the 
date on which employment for pay or other remuneration commences.''.
  (b) Conforming Amendment.--The table of contents for the Immigration 
and Nationality Act is amended by inserting after the item relating to 
section 274D the following:

``Sec. 274E. Requirements for the electronic verification of employment 
eligibility.''.

SEC. 302. MANDATORY ELECTRONIC VERIFICATION FOR THE AGRICULTURAL 
                    INDUSTRY.

  (a) In General.--The requirements for the electronic verification of 
identity and employment authorization described in section 274E of the 
Immigration and Nationality Act, as inserted by section 301 of this 
Act, shall apply to a person or entity hiring, recruiting, or referring 
for a fee an individual for agricultural employment in the United 
States in accordance with the effective dates set forth in subsection 
(b).
  (b) Effective Dates.--
          (1) Hiring.--Subsection (a) shall apply to a person or entity 
        hiring an individual for agricultural employment in the United 
        States as follows:
                  (A) With respect to employers having 500 or more 
                employees in the United States on the date of the 
                enactment of this Act, on the date that is 6 months 
                after completion of the application period described in 
                section 101(c).
                  (B) With respect to employers having 100 or more 
                employees in the United States (but less than 500 such 
                employees) on the date of the enactment of this Act, on 
                the date that is 9 months after completion of the 
                application period described in section 101(c).
                  (C) With respect to employers having 20 or more 
                employees in the United States (but less than 100 such 
                employees) on the date of the enactment of this Act, on 
                the date that is 12 months after completion of the 
                application period described in section 101(c).
                  (D) With respect to employers having 1 or more 
                employees in the United States, (but less than 20 such 
                employees) on the date of the enactment of this Act, on 
                the date that is 15 months after completion of the 
                application period described in section 101(c).
          (2) Recruiting and referring.--Subsection (a) shall apply to 
        a person or entity recruiting or referring an individual for 
        agricultural employment in the United States on the date that 
        is 12 months after completion of the application period 
        described in section 101(c).
          (3) Transition rule.--Except as required under subtitle A of 
        title IV of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (8 U.S.C. 1324a note) (as in effect 
        on the day before the effective date described in section 
        303(a)(4)), Executive Order 13465 (8 U.S.C. 1324a note; 
        relating to Government procurement), or any State law requiring 
        persons or entities to use the E-Verify Program described in 
        section 403(a) of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (8 U.S.C. 1324a note) (as in effect 
        on the day before the effective date described in section 
        303(a)(4)), sections 274A and 274B of the Immigration and 
        Nationality Act (8 U.S.C. 1324a and 1324b) shall apply to a 
        person or entity hiring, recruiting, or referring an individual 
        for employment in the United States until the applicable 
        effective date under this subsection.
          (4) E-Verify voluntary users and others desiring early 
        compliance.--Nothing in this subsection shall be construed to 
        prohibit persons or entities, including persons or entities 
        that have voluntarily elected to participate in the E-Verify 
        Program described in section 403(a) of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
        note) (as in effect on the day before the effective date 
        described in section 303(a)(4)), from seeking early compliance 
        on a voluntary basis.
  (c) Rural Access to Secondary Review Process.--
          (1) 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 274E(b)(4)(D) of the Immigration and Nationality 
        Act, as inserted by section 301 of this Act, by appearing in-
        person at a local office or service center of the U.S. 
        Department of Agriculture or at a local office of the U.S. 
        Social Security Administration.
          (2) Staffing and resources.--The Secretary of Agriculture and 
        Commissioner of Social Security shall ensure that local offices 
        and service centers of the U.S. Department of Agriculture and 
        local offices of the U.S. 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 (1) 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 Administration.
  (d) Document Establishing Employment Authorization and Identity.--In 
accordance with section 274E(b)(3)(A)(vii) of the Immigration and 
Nationality Act, as inserted by section 301 of this Act, and not later 
than 12 months after the completion of the application period described 
in section 101(c) of this Act, the Secretary of Homeland Security shall 
recognize documentary evidence of certified agricultural worker status 
described in section 102(a)(2) of this Act as valid proof of employment 
authorization and identity for purposes of section 274E(b)(3)(A) of the 
Immigration and Nationality Act, as inserted by section 301 of this 
Act.
  (e) Agricultural Employment.--For purposes of this section, the term 
``agricultural employment'' means agricultural labor or services, as 
defined by section 101(a)(15)(H)(ii) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(H)(ii)), as amended by this Act.

SEC. 303. COORDINATION WITH E-VERIFY PROGRAM.

  (a) Repeal.--
          (1) In general.--Subtitle A of title IV of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996 (8 
        U.S.C. 1324a note) is repealed.
          (2) Clerical amendment.--The table of sections, in section 
        1(d) of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996, is amended by striking the items 
        relating to subtitle A of title IV.
          (3) References.--Any reference in any Federal, State, or 
        local law, Executive order, rule, regulation, or delegation of 
        authority, or any document of, or pertaining to, the Department 
        of Homeland Security, Department of Justice, or the Social 
        Security Administration, to the E-Verify Program described in 
        section 403(a) of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (8 U.S.C. 1324a note), or to the 
        employment eligibility confirmation system established under 
        section 404 of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (8 U.S.C. 1324a note), is deemed to 
        refer to the employment eligibility confirmation system 
        established under section 274E of the Immigration and 
        Nationality Act, as inserted by section 301 of this Act.
          (4) Effective date.--This subsection, and the amendments made 
        by this subsection, shall take effect on the date that is 30 
        days after the date on which final rules are published under 
        section 309(a).
  (b) Former E-Verify Mandatory Users, Including Federal Contractors.--
Beginning on the effective date in subsection (a)(4), the Secretary of 
Homeland Security shall require employers required to participate in 
the E-Verify Program described in section 403(a) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1324a note) by reason of any Federal, State, or local law, Executive 
order, rule, regulation, or delegation of authority, including 
employers required to participate in such program by reason of Federal 
acquisition laws (and regulations promulgated under those laws, 
including the Federal Acquisition Regulation), to comply with the 
requirements of section 274E of the Immigration and Nationality Act, as 
inserted by section 301 of this Act (and any additional requirements of 
such Federal acquisition laws and regulation) in lieu of any 
requirement to participate in the E-Verify Program.
  (c) Former E-Verify Voluntary Users.--Beginning on the effective date 
in subsection (a)(4), the Secretary of Homeland Security shall provide 
for the voluntary compliance with the requirements of section 274E of 
the Immigration and Nationality Act, as inserted by section 301 of this 
Act, by employers voluntarily electing to participate in the E-Verify 
Program described in section 403(a) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) before 
such date.

SEC. 304. FRAUD AND MISUSE OF DOCUMENTS.

  Section 1546(b) of title 18, United States Code, is amended--
          (1) in paragraph (1), by striking ``identification 
        document,'' and inserting ``identification document or document 
        meant to establish employment authorization,'';
          (2) in paragraph (2), by striking ``identification document'' 
        and inserting ``identification document or document meant to 
        establish employment authorization,''; and
          (3) in the matter following paragraph (3) by inserting ``or 
        section 274E(b)'' after ``section 274A(b)''.

SEC. 305. TECHNICAL AND CONFORMING AMENDMENTS.

  (a) Unlawful Employment of Aliens.--Section 274A of the Immigration 
and Nationality Act (8 U.S.C. 1324a) is amended--
          (1) in paragraph (1)(B)(ii) of subsection (a), by striking 
        ``subsection (b).'' and inserting ``section 274B.''; and
          (2) in the matter preceding paragraph (1) of subsection (b), 
        by striking ``The requirements referred'' and inserting 
        ``Except as provided in section 274E, the requirements 
        referred''.
  (b) Unfair Immigration-related Employment Practices.--Section 
274B(a)(1) of the Immigration and Nationality Act (8 U.S.C. 
1324b(a)(1)) is amended in the matter preceding subparagraph (A), by 
inserting ``including misuse of the verification system as described in 
section 274E(g)'' after ``referral for a fee,''.

SEC. 306. PROTECTION OF SOCIAL SECURITY ADMINISTRATION PROGRAMS.

  (a) Funding Under Agreement.--Effective for fiscal years beginning on 
or after October 1, 2020, the Commissioner and the Secretary shall 
enter into and maintain an agreement which shall--
          (1) provide funds to the Commissioner for the full costs of 
        the responsibilities of the Commissioner under section 
        274E(a)(5) of the Immigration and Nationality Act, as inserted 
        by section 301 of this Act, including--
                  (A) acquiring, installing, and maintaining 
                technological equipment and systems necessary for the 
                fulfillment of the responsibilities of the Commissioner 
                under such section, but only that portion of such costs 
                that are attributable exclusively to such 
                responsibilities; and
                  (B) 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 
                section;
          (2) provide such funds annually in advance of the applicable 
        quarter based on an estimating methodology agreed to by the 
        Commissioner and the Secretary (except in such instances where 
        the delayed enactment of an annual appropriation may preclude 
        such quarterly payments); and
          (3) require an annual accounting and reconciliation of the 
        actual costs incurred and the funds provided under the 
        agreement, which shall be reviewed by the Inspectors General of 
        the Social Security Administration and the Department of 
        Homeland Security.
  (b) Continuation of Employment Verification in Absence of Timely 
Agreement.--In any case in which the agreement required under 
subsection (a) for any fiscal year beginning on or after October 1, 
2020, has not been reached as of October 1 of such fiscal year, the 
latest agreement between the Commissioner and the Secretary providing 
for funding to cover the costs of the responsibilities of the 
Commissioner under section 274E(a)(5) of the Immigration and 
Nationality Act, as inserted by section 301 of this Act, shall be 
deemed in effect on an interim basis for such fiscal year until such 
time as an agreement required under subsection (a) is subsequently 
reached, 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 system. In any 
case in which an interim agreement applies for any fiscal year under 
this subsection, the Commissioner and the Secretary shall, not later 
than October 1 of such fiscal year, notify the Committee on Ways and 
Means, the Committee on the Judiciary, and the Committee on 
Appropriations of the House of Representatives and the Committee on 
Finance, the Committee on the Judiciary, and the Committee on 
Appropriations of the Senate of the failure to reach the agreement 
required under subsection (a) for such fiscal year. Until such time as 
the agreement required under subsection (a) has been reached for such 
fiscal year, the Commissioner and the Secretary shall, not later than 
the end of each 90-day period after October 1 of such fiscal year, 
notify such Committees of the status of negotiations between the 
Commissioner and the Secretary in order to reach such an agreement.

SEC. 307. REPORT ON THE IMPLEMENTATION OF THE ELECTRONIC EMPLOYMENT 
                    VERIFICATION SYSTEM.

  Not later than 24 months after the date on which final rules are 
published under section 309(a), and annually thereafter, the Secretary 
shall submit to Congress a report that includes the following:
          (1) An assessment of the accuracy rates of the responses of 
        the electronic employment verification system established under 
        section 274E of the Immigration and Nationality Act, as 
        inserted by section 301 of this Act (referred to in this 
        section as the ``System''), including tentative and final 
        nonconfirmation notices issued to employment-authorized 
        individuals and confirmation notices issued to individuals who 
        are not employment-authorized.
          (2) An assessment of any challenges faced by persons or 
        entities (including small employers) in utilizing the System.
          (3) An assessment of any challenges faced by employment-
        authorized individuals who are issued tentative or final 
        nonconfirmation notices.
          (4) An assessment of the incidence of unfair immigration-
        related employment practices, as described in section 274E(g) 
        of the Immigration and Nationality Act, as inserted by section 
        301 of this Act, related to the use of the System.
          (5) An assessment of the photo matching and other identity 
        authentication tools, as described in section 274E(a)(4) of the 
        Immigration and Nationality Act, as inserted by section 301 of 
        this Act, including--
                  (A) an assessment of the accuracy rates of such 
                tools;
                  (B) an assessment of the effectiveness of such tools 
                at preventing identity fraud and other misuse of 
                identifying information;
                  (C) an assessment of any challenges faced by persons, 
                entities, or individuals utilizing such tools; and
                  (D) an assessment of operation and maintenance costs 
                associated with such tools.
          (6) A summary of the activities and findings of the U.S. 
        Citizenship and Immigrations Services E-Verify Monitoring and 
        Compliance Branch, or any successor office, including--
                  (A) the number, types and outcomes of audits, 
                investigations, and other compliance activities 
                initiated by the Branch in the previous year;
                  (B) the capacity of the Branch to detect and prevent 
                violations of section 274E(g) of the Immigration and 
                Nationality Act, as inserted by this Act; and
                  (C) an assessment of the degree to which persons and 
                entities misuse the System, including--
                          (i) use of the System before an individual's 
                        date of hire;
                          (ii) failure to provide required 
                        notifications to individuals;
                          (iii) use of the System to interfere with or 
                        otherwise impede individuals' assertions of 
                        their rights under other laws; and
                          (iv) use of the System for unauthorized 
                        purposes; and
          (7) 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 practices.

SEC. 308. MODERNIZING AND STREAMLINING THE EMPLOYMENT ELIGIBILITY 
                    VERIFICATION PROCESS.

  Not later than 12 months after the date of the enactment of this Act, 
the Secretary, in consultation with the Commissioner, shall submit to 
Congress a plan to modernize and streamline the employment eligibility 
verification process that shall include--
          (1) procedures to allow persons and entities to verify the 
        identity and employment authorization of newly hired 
        individuals where the in-person, physical examination of 
        identity and employment authorization documents is not 
        practicable;
          (2) a proposal to create a simplified employment verification 
        process that allows employers that utilize the employment 
        eligibility verification system established under section 274E 
        of the Immigration and Nationality Act, as inserted by section 
        301 of this Act, to verify the identity and employment 
        authorization of individuals without also having to complete 
        and retain Form I-9, Employment Eligibility Verification, or 
        any subsequent replacement form; and
          (3) any other proposal that the Secretary determines would 
        simplify the employment eligibility verification process 
        without compromising the integrity or security of the system.

SEC. 309. RULEMAKING AND PAPERWORK REDUCTION ACT.

  (a) In General.--Not later than 180 days prior to the end of the 
application period defined in section 101(c) of this Act, the Secretary 
shall publish in the Federal Register proposed rules implementing this 
title and the amendments made by this title. The Secretary shall 
finalize such rules not later than 180 days after the date of 
publication.
  (b) Paperwork Reduction Act.--
          (1) In general.--The requirements under chapter 35 of title 
        44, United States Code, (commonly known as the ``Paperwork 
        Reduction Act'') shall apply to any action to implement this 
        title or the amendments made by this title.
          (2) 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 formats, and shall be designed in such a 
        manner to facilitate electronic completion, storage, and 
        transmittal.
          (3) Limitation on use of forms.--All forms designated or 
        established by the Secretary that are necessary to implement 
        this title, and the amendments made by this title, and any 
        information contained in or appended to such forms, may not be 
        used for purposes other than for enforcement of this Act and 
        any other provision of Federal criminal law.

                          Purpose and Summary

    H.R. 5038, the ``Farm Workforce Modernization Act of 
2019,'' addresses long-standing labor issues in our country's 
agricultural sector through targeted immigration-related and 
other reforms. First, the bill creates a process for certain 
workers with significant and recent agricultural experience to 
apply for temporary immigration status, known as certified 
agricultural worker (CAW) status. Workers with CAW status may 
remain on that temporary status indefinitely, but they also 
have the option to earn lawful permanent resident (LPR) status 
through continued agricultural work and the payment of 
penalties. Second, the bill streamlines and modernizes the 
existing H-2A temporary agricultural worker visa program to 
make it more cost-effective and user-friendly for employers, 
while strengthening protections for all agricultural workers. 
Among other things, the bill creates a unified portal and 
application process for hiring H-2A workers, reforms wage 
requirements to control sharp wage fluctuations, opens the H-2A 
program to year-round occupations, and expands the availability 
of affordable farmworker housing. At the same time, the bill 
ensures that both domestic and H-2A workers have access to 
critical protections against exploitation and abuse. Third, 
once the legalization and H-2A reforms are fully implemented, 
the bill mandates the use of the electronic employment 
verification system (currently known as E-Verify) by 
agricultural employers. Taken together, these provisions will 
ensure that the U.S. agricultural sector has access to a 
stable, reliable, and authorized workforce for the future.

                Background and Need for the Legislation

    A robust and reliable domestic food supply is a matter of 
national security. The more the country is forced to rely on 
imported agricultural products, the greater the risks to the 
nation. Among these risks are increased exposure to food 
contamination or epidemic; without a sufficient volume of food 
exports, risks also include fluctuating market prices, reduced 
productivity, job loss, and increased debt.\1\ From 2004 to 
2014, food imports rose by nearly 60 percent and now account 
for nearly one-fifth of the U.S. food supply, including 
approximately 49 percent of all consumed fruits and nuts.\2\ 
Although the increase in imported food can be partially 
attributed to changing consumer demands and other factors, 
systemic labor challenges in the agricultural sector are a 
major contributor to this developing crisis.\3\
---------------------------------------------------------------------------
    \1\See, e.g., Renee Johnson, Food Safety Issues for the 114th 
Congress, Cong. Research Service, Report R42885 at 19-20 (Apr. 10, 
2015), http://www.crs.gov/reports/pdf/R42885; Mark A. McMinimy, Major 
Agricultural Trade Issues in the 115th Congress, Cong. Research 
Service, Report R43905 (Jan. 30, 2017), https://www.crs.gov/Reports/
R43905?source=search&guid=e0a6f4384c27464784f7f64aa8e71055&index=5; 
Wayne Campbell, Your View by State Grange: Pennsylvania's Farmers 
Desperately Need New Trade Deal, The Morning Call (Nov. 23, 2019), 
https://www.mcall.com/opinion/mc-opi-pa-grange-favors-usmca-trade-deal-
20191123-vmjnaypqgncunm4tp27ukvwd2a-story.html.
    \2\Efforts to Address the Safety of FDA-Regulated Food Imports, 
Cong. Research Service, IF10403 (May 5, 2016), https://www.crs.gov/
reports/pdf/IF10403.
    \3\New American Economy, Agriculture, https://
www.newamericaneconomy.org/issues/agriculture/.
---------------------------------------------------------------------------
    The U.S. agricultural workforce ``has long-consisted of a 
mixture of self-employed farm operators and their family 
members, and hired workers.''\4\ However, from 1950 to 2000, 
the number of self-employed and family farm workers declined by 
73 percent.\5\ Most experts believe this decline is due to an 
increasingly educated U.S. workforce.\6\ While at least half of 
native-born workers lacked a high school diploma through the 
1950s, the share of the workforce without such a diploma has 
steadily declined, dropping to about 4.5 percent in 2016.\7\ 
Over the same period, the agricultural sector also experienced 
a decline of 52 percent in hired labor, primarily due to 
mechanization. However, because the decline in self-employed 
and family workers was greater, the relative proportion of 
hired farm labor across the industry has increased. As of 2016, 
hired workers and contract laborers represented 41 percent of 
agricultural labor in the United States.\8\ The majority of 
farm laborers are foreign born.\9\
---------------------------------------------------------------------------
    \4\U.S. Dep't of Agriculture, Farm Labor (Dec. 20, 2018), https://
www.ers.usda.gov/topics/farm-economy/farm-labor/.
    \5\Id.
    \6\Immigration Policy Center, Facts About Farmworkers, at 2 (May 
2009), https://www.americanimmigrationcouncil.org/sites/default/files/
research/Farmworkers%20Fact%20Sheet .pdf.
    \7\See U.S. Bureau of Labor Statistics, Foreign-Born Workers: Labor 
Force Characteristics Summary, U.S. Dep't of Labor (May 18, 2017), 
https://www.bls.gov/news.release/forbrn.nr0.htm; see also U.S. Census 
Bureau, Educational Attainment in the United States: 2015, at 2-3 (Mar. 
2016), https://www.census.gov/content/dam/Census/library/publications/
2016/demo/p20-578.pdf.
    \8\U.S. Dep't of Agriculture, Farm Labor (Dec. 20, 2018), https://
www.ers.usda.gov/topics/farm-economy/farm-labor/.
    \9\Of the more than 5,000 crop workers interviewed through the 
Department of Labor's National Agricultural Workers Survey (NAWS) 
during fiscal years (FY) 2015 and 2016, an estimated 75 percent were 
born outside the United States or Puerto Rico. See U.S. Dep't of Labor, 
Findings from the National Agricultural Worker Survey (NAWS) 2015-2016, 
at i (Jan. 23 2019), https://wdr.doleta.gov/research/
details.cfm?q=&id=2616. See also U.S. Dep't of Agriculture, Farm Labor 
(Dec. 20, 2018) (estimating that 53 percent of farm laborers in 2017 
were foreign born), https://www.ers.usda.gov/topics/farm-economy/farm-
labor/.
---------------------------------------------------------------------------
    Despite the country's increased reliance on hired 
farmworkers, the legal channels for hiring foreign farmworkers 
have not changed in several decades. The H-2A temporary 
agricultural worker program has seen significant growth in 
recent years, but the program is often criticized by farmers 
and ranchers as outdated, overly-burdensome, and expensive.\10\ 
Moreover, certain agricultural industries are unable to fully 
use the program in its current form. America's dairies, 
mushroom growers, and other specialty crop farmers that have 
year-round labor needs are prohibited from using the H-2A 
program, which is currently limited to industries with seasonal 
or temporary needs.\11\ The program is also often criticized by 
labor advocates for failing to adequately protect foreign 
workers from abusive practices and to protect the wages and 
working conditions of domestic workers.\12\
---------------------------------------------------------------------------
    \10\Id.
    \11\See 29 C.F.R. Sec.  501.3(c).
    \12\See, e.g., Summary of the Final 2010 H-2A Regulations, 
Agriculture Coalition for Immigration Reform http://njnla.weebly.com/
uploads/1/4/0/9/1409189/summary_of_final_obama_h-2a_regulations_3-3-
10.pdf; Nicholas C. Geale, Back to Indentured Servitude, Washington 
Times (May 10, 2009), http://www.washingtontimes.com/news/2009/may/10/
back-to-indentured-servitude/.
---------------------------------------------------------------------------
    Moreover, while the Immigration and Nationality Act (INA) 
makes immigrant visas, or ``green cards,'' available for 
employers to sponsor foreign workers for permanent labor needs, 
restrictive visa caps have made this program effectively 
unavailable for decades. Currently, the INA provides less than 
10,000 immigrant visas per year for workers who engage in year-
round, lower-skilled labor--across all sectors of the U.S. 
economy.\13\ Because demand for these visas far outweighs 
supply, the program has been oversubscribed for years, 
resulting in long backlogs for new sponsor petitions.\14\ And, 
as noted above, these visas are unavailable to fill temporary 
or seasonal needs.
---------------------------------------------------------------------------
    \13\Since FY 2002, up to 5,000 of these visas have been allocated 
to individuals receiving lawful permanent resident status under section 
203 of the Nicaraguan and Cuban Adjustment Relief Act of 1997 (NACARA), 
Pub. Law 105-100, 111 Stat. 2160 (Nov. 19, 1997). However, in FY 2017, 
the most recent year for which data is available, approximately 700 
visa numbers were offset from the 5,000 set-aside, as NACARA programs 
continue to wind down. See U.S. Dep't of Homeland Security, Yearbook of 
Immigration Statistics (2017), at Table 7, https://www.dhs.gov/
immigration-statistics/yearbook/2017. The Department of State states 
that in FY 2020, ``this reduction will be limited to approximately 
350.'' U.S. Dep't of State, Visa Bulletin (Dec. 2019), https://
travel.state.gov/content/dam/visas/Bulletins/
visabulletin_december2019.pdf.
    \14\See William A. Kandel, Permanent legal Immigration to the 
United States: Policy Overview, Cong. Research Service, Report R42866 
at Fig. 4: Approved LPR Visa Petitions Pending as of November 1, 2017 
(May 11, 2018), https://www.crs.gov/Reports/R42866?source=search& 
guid=df336568dc134449b8a6a56b122ee66e&index=0#_Toc514080628.
---------------------------------------------------------------------------
    Due to these and other reasons, U.S. farmers have found it 
difficult to keep American farms running. In the face of 
problematic and potentially unavailable visa programs, many 
have turned to an unauthorized workforce. Without reforms to 
our immigration laws, these difficulties will only compound. 
Many U.S. agricultural producers are already experiencing 
decreased productivity and earnings.\15\ Some farms and ranches 
have been forced to close, while others have simply off-shored 
production to Mexico or other nations where agricultural 
workers are in greater supply.
---------------------------------------------------------------------------
    \15\See, e.g., Erin Anthony, With Fewer Hands in the Field, More 
Food Goes to Waste, American Farm Bureau Federation (Sep. 18, 2019), 
https://www.fb.org/viewpoints/with-fewer-hands-in-the-field-more-food-
goes-to-waste; Megan Henney, California farms are suffering from a 
labor shortage. Here's why, Fox Business (May 1, 2019), https://
www.foxbusiness.com/economy/california-farms-are-suffering-from-a-
labor-shortage-heres-why; Bruce Talbott, Our fruit is rotting in the 
trees as laborers are kept out of the country, Washington Post (Aug. 
24, 2018), https://www.washingtonpost.com/opinions/our-fruit-is-
rotting-in-the-trees-as-laborers-are-kept-out-of-the-country/2018/08/
24/bf119ad6-a6e6-11e8-8fac-12e98c13528d_story.html.
---------------------------------------------------------------------------
    The lack of an adequate labor supply damages more than the 
agricultural economy. Productivity losses also have a ripple 
effect on other sectors, including the domestic workers in 
those sectors. According to the U.S. Department of Agriculture, 
for every on-farm job, there are about 3.1 ``upstream'' and 
``downstream'' jobs--jobs that support and are created by 
agricultural production.\16\ The vast majority of these 
complementary jobs are held by U.S. workers, who would also 
face unemployment if on-farm jobs are eliminated or moved out 
of the country.\17\ With respect to the dairy industry, a 2015 
report by Texas A&M AgriLife Research and the Center for North 
American Studies found the following:
---------------------------------------------------------------------------
    \16\Hearing to Review the Labor Needs of American Agriculture 
Before the H. Comm on Agriculture, 110th Cong. 5 (2007) (statement of 
James Holt, Agricultural Labor Economist), https://www.govinfo.gov/
content/pkg/CHRG-110hhrg48999/html/CHRG-110hhrg48999.htm.
    \17\Id.

          A 50 percent labor loss [in milk producing farms] 
        would be expected to reduce fluid milk sales by dairies 
        by $5.8 billion while the economic loss throughout the 
        U.S. economy would [be] $16.0 billion. . . . The 
        majority of the losses occurring off the dairy farm 
        ($10.2 billion), would be due to declining purchases by 
        dairies from sectors that support dairy farm 
        operations, such as input supply (fuel and feed), 
        transportation, real estate and wholesale trade.\18\
---------------------------------------------------------------------------
    \18\Texas A&M AgriLife Research and the Center for North American 
Studies, The Economic Impacts of Immigrant Labor on U.S. Dairy Farms at 
16 (Aug. 2015), https://www.nmpf.org/wp-content/uploads//immigration-
survey-090915.pdf.

The deleterious effects on the U.S. economy, and the workers 
that support agriculture, will only increase as the 
agricultural labor situation continues to worsen.

                THE UNDOCUMENTED AGRICULTURAL WORKFORCE

    Since the onset of World War I, when migration from Europe 
slowed significantly, Mexican laborers have played an 
increasingly important role in sustaining the American 
agricultural sector.\19\ The migration of Mexican farmworkers 
was at first unregulated, and later formalized when the 
``Bracero program'' was created in 1942.\20\ The Bracero 
program, however, grew to be controversial, leading to its 
eventual termination in 1965. Without an authorized channel to 
import farmworkers, the number of undocumented Mexican workers 
then began to grow, given that ``the jobs were here, the 
relationships existed between Mexico and the United States, and 
there was limited enforcement across the Southwest 
border.''\21\
---------------------------------------------------------------------------
    \19\Southern Poverty Law Center, Close to Slavery: Guestworker 
Programs in the United States, 2013 Ed. (2013), https://
www.splcenter.org/sites/default/files/d6_legacy_files/downloads/
publication/SPLC-Close-to-Slavery-2013.pdf.
    \20\Id. at 3.
    \21\How Did We Get to 11 Million Unauthorized Immigrants?, National 
Public Radio (Mar. 7, 2017), https://www.npr.org/2017/03/07/518201210/
how-did-we-get-to-11-million-unauthorized-immigrants.
---------------------------------------------------------------------------
    In the 1980s, the unauthorized workforce grew at 
unprecedented levels, as an economic crisis in Mexico and a 
booming U.S. economy sent more young Mexican workers north in 
pursuit of work.\22\ By 2001, the undocumented agricultural 
workforce had grown to nearly 55 percent.\23\ Since then, it 
has hovered around 50 percent, with the Department of Labor 
estimating that as of the end of fiscal year (FY) 2016, about 
half of the nation's 2.4 million farm workers lacked work 
authorization.\24\ More recently, because of an improved 
Mexican economy and an increasing emphasis on border and 
interior enforcement, the number of Mexican workers crossing 
the U.S.-Mexico border in pursuit of agricultural opportunities 
has decreased significantly.\25\
---------------------------------------------------------------------------
    \22\Id.
    \23\U.S. Dep't of Agriculture, Farm Labor (Dec. 20, 2018), https://
www.ers.usda.gov/topics/farm-economy/farm-labor/.
    \24\U.S. Dep't of Labor, Findings from the National Agricultural 
Worker Survey (NAWS) 2015-2016, at i (Jan. 23 2019), https://
wdr.doleta.gov/research/details.cfm?q=&id=2616.
    \25\What we Know About Illegal Immigration from Mexico, Pew 
Research Center (Dec. 3, 2018), https://www.pewresearch.org/fact-tank/
2018/12/03/what-we-know-about-illegal-immigration-from-mexico/.
---------------------------------------------------------------------------
    On average, foreign-born farmworkers in the United States 
have resided here for an average of 18 years.\26\ These workers 
have developed knowledge and skills crucial to the continued 
viability of America's farms, and they cannot simply be 
replaced without significant cost to American agricultural 
producers and consumers. It is estimated that ``[i]f 
agriculture were to lose access to all undocumented workers, 
agricultural output would fall by $30 to $60 billion.''\27\ 
Moreover, notwithstanding the indispensable role that these 
farmworkers play in sustaining the domestic food supply, their 
jobs are among the most difficult and least compensated in the 
country. Without legal status, farmworkers are at even greater 
risk of abuse and exploitation.
---------------------------------------------------------------------------
    \26\U.S. Dep't of Labor, Findings from the National Agricultural 
Worker Survey (NAWS) 2015-2016, at i (Jan. 23 2019), https://
wdr.doleta.gov/research/details.cfm?q=&id=2616.
    \27\Economic Impact of Immigration, American Farm Bureau 
Federation, https://www.fb.org/issues/immigration-reform/agriculture-
labor-reform/economic-impact-of-immigration.
---------------------------------------------------------------------------

             THE H-2A TEMPORARY AGRICULTURAL WORKER PROGRAM

    Created by the Immigration Reform and Control Act of 1986 
(IRCA), the H-2A program provides for the temporary admission 
of foreign workers to perform agricultural work of a seasonal 
or temporary nature.\28\ In recent years, as U.S. workers 
continue to turn to other professions and the number of 
undocumented farmworkers has begun to decline, use of the H-2A 
program has grown significantly. Between FYs 1992 and 2012, no 
more than 65,000 visas were issued in any one fiscal year.\29\ 
As of FY 2018, the number of visas issued has more than tripled 
to almost 200,000.\30\ H-2A visas are not subject to numerical 
limit.
---------------------------------------------------------------------------
    \28\Act of Nov. 6, 1986, Pub. L. 99-603; 100 Stat. 3359.
    \29\Andorra Bruno, H-2A and H-2B Temporary Worker Visas: Policy and 
Related Issues, Cong. Research Service, Report R44849 (May 10, 2017), 
https://www.crs.gov/Reports/
R44849?source=search&guid=734a5b71a6134bbb8baaf9275470cc1c&index=0.
    \30\U.S. Dep't of State, Report of the Visa Office 2018, 
Nonimmigrant Visas Issued by Classification (Including Border Crossing 
Cards) Fiscal Years 2014-2018, https://travel.state.gov/content/dam/
visas/Statistics/AnnualReports/FY2018AnnualReport/FY18AnnualReport%20-
%20TableXVIB .pdf.
---------------------------------------------------------------------------
    The following chart further illustrates the growth in H-2A 
program utilization using data from the Department of Labor. 
While the Department of Labor certified just over 48,000 H-2A 
positions in FY 2005, that number has since increased five-
fold, with nearly 243,000 positions certified in FY 2018, with 
employers in Georgia, Florida, Washington, North Carolina, and 
California receiving the highest volume of H-2A 
certifications.\31\
---------------------------------------------------------------------------
    \31\``There are more H-2A-certified jobs than workers because some 
employers do not hire an H-2A worker after a job has been certified and 
some workers fill two or more jobs. Each worker requires a visa, and 
the ratio of visas issued to jobs certified has been falling, which 
suggests that there are fewer H-2A workers filling several jobs.'' The 
H-2A Farm Guestworker Program is Expanding Rapidly: Here Are the 
Numbers You Need to Know, Economic Policy Institute (Apr. 13, 2017), 
https://www.epi.org/blog/h-2a-farm-guestworker-program-expanding-
rapidly/.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


Both farmers and labor advocates, however, find that the H-2A 
program has serious deficiencies. A small sample of these 
deficiencies are outlined in the following sections.

H-2A Processing

    Among the most criticized aspects of the H-2A program is 
the outdated process for seeking labor certification and filing 
petitions for H-2A workers. This process requires multiple, 
duplicative filings with several government agencies, and it is 
often disparaged by users as expensive, time-consuming, and 
overly bureaucratic. Specifically, the current H-2A process 
involves, at minimum, the following four steps:\32\
---------------------------------------------------------------------------
    \32\See generally, U.S. Dep't of Labor, Employer Guide to 
Participation in the H-2A Temporary Agricultural Program (Jan. 2012), 
https://www.foreignlaborcert.doleta.gov/pdf/H-2A_Employer_Handbook.pdf.

          Step 1: The employer must first submit a detailed 
        document describing the job opportunity, known as a 
        ``job order,'' with the State Workforce Agency (SWA) in 
        the state where the requested agricultural work will be 
        performed.\33\ The SWA then reviews the job order to 
        determine whether the job opportunity qualifies under 
        the H-2A program and to initiate recruitment.
---------------------------------------------------------------------------
    \33\A job order is a document containing the material terms and 
conditions of employment relating to wages, working conditions, 
worksite, and other benefits. 20 C.F.R. Sec. 651.10.
---------------------------------------------------------------------------
          Step 2: If the job order is approved by the SWA, the 
        employer must then file an application for temporary 
        labor certification, along with the job order and other 
        supporting documentation, with the Department of Labor. 
        The Department of Labor then reviews the application to 
        further determine whether the job opportunity qualifies 
        for the H-2A program, including by certifying that 
        there are no qualified U.S. workers available to 
        perform the work and that hiring H-2A workers will not 
        adversely affect the wages and working conditions of 
        similarly employed U.S. workers.
          Step 3: If the Department of Labor issues the labor 
        certification, the employer must then file a petition 
        with U.S. Citizenship and Immigration Services within 
        the Department of Homeland Security. Along with the 
        petition, the employer must provide the labor 
        certification and proof that the position is seasonal 
        or temporary and that any named beneficiaries meet the 
        minimum job requirements. The petition and supporting 
        documentation are largely duplicative of the labor 
        certification application and supporting documentation 
        filed with the Department of Labor.
          Step 4: If U.S. Citizenship and Immigration Services 
        approves the petition and the prospective workers are 
        outside the United States, the H-2A workers must apply 
        for visas with the Department of State and then 
        admission with U.S. Customs and Border Protection at a 
        port of entry. If a visa is not required, the workers 
        may directly seek admission in H-2A status at a port of 
        entry.

    As described above, this process requires the filing of 
largely duplicative filings with different agencies, and 
certain factors are subject to redundant adjudication. 
Moreover, employers with varied labor needs throughout the year 
must engage in this process multiple times. For example, a 
strawberry grower may first need 10 workers to plant seeds, an 
additional 10 workers in a few weeks to tend the plants, and an 
additional 20 workers near the end of the season for harvest. 
Under current practice, that employer must engage in the full 
H-2A process--and each of the steps described above--at least 
three times--once for each distinct labor need. These multiple 
application points significantly increase the cost and 
complexity of the H-2A petition process for employers.

H-2A Wage Requirements

    The H-2A program's wage requirements are also often 
criticized, particularly the wage standard known as the adverse 
effect wage rate, or ``AEWR.'' Current H-2A regulations require 
employers to pay H-2A workers, and workers in corresponding 
employment (i.e., workers who are similarly employed), at least 
the highest of: (1) the AEWR; (2) the prevailing wage rate; 
(iii) the prevailing piece rate; (iv) the agreed-upon 
collective bargaining wage; or (5) the applicable Federal or 
State minimum wage.\34\
---------------------------------------------------------------------------
    \34\20 CFR Sec. 655.120(l).
---------------------------------------------------------------------------
    For the vast majority of H-2A employers, the AEWR is the 
highest--and thus, governing--wage rate. The AEWR is derived 
from the Farm Labor Survey, which is conducted by the National 
Agricultural Statistics Service of the Department of 
Agriculture.\35\ The Department of Agriculture surveys U.S. 
farms and ranches on a rolling basis to compile employment and 
wage data for farmworkers in the United States as a whole, and 
in each of 15 multi-state labor regions as well as the single-
state regions of California, Florida, and Hawaii.\36\
---------------------------------------------------------------------------
    \35\See generally, Nat'l Agricultural Statistics Service, Surveys--
Farm Labor, U.S. Dep't of Agriculture, https://www.nass.usda.gov/.
    \36\See id.
---------------------------------------------------------------------------
    Although the Department of Agriculture collects information 
on all types of farm occupations (e.g., crop picking, machine 
operating, and supervising), survey data is aggregated to 
arrive at a single AEWR for field and livestock workers 
(combined) in each state or region. The AEWR is generally set 
at the rate that is equal to the annual weighted average hourly 
wage rate (i.e., arithmetic mean) as derived from the surveyed 
data. Although the AEWR is derived from aggregated data, the 
resulting single wage rate is applicable to all H-2A workers 
(except for certain workers engaged in herding or production of 
livestock on the range).
    As noted above, the AEWR has been the subject of debate for 
years. According to a 2017 Congressional Research Service 
report:

          Policy differences about H-2A wage requirements 
        center on the AEWR; the H-2A visa is the only 
        nonimmigrant visa subject to it. Farm labor advocates 
        have argued that the AEWR is necessary to protect U.S. 
        agricultural workers from a possible depression of 
        wages resulting from the hiring of foreign workers. 
        Employers have long maintained that the AEWR, as 
        traditionally calculated using USDA's Farm Labor Survey 
        data, results in inflated wage rates.\37\
---------------------------------------------------------------------------
    \37\Andorra Bruno, H-2A and H-2B Temporary Worker Visas: Policy and 
Related Issues, Cong. Research Service, Report R44849 (May 10, 2017), 
https://www.crs.gov/Reports/
R44849?source=search&guid=734a5b71a6134bbb8baaf9275470cc1c&index=0.

Due in part to such concerns, the current Administration has 
proposed regulatory changes to the H-2A program, including a 
modification to the current AEWR methodology to provide for 
more specific wage rates.\38\ Specifically, the rule would 
disaggregate the Department of Agriculture's surveyed wage data 
and report out distinct wage rates for each of the various 
farm-related occupations in which H-2A workers are hired.\39\ 
In other words, under the proposed rule, the administration 
would set an AEWR for crop workers based on wage data about 
crop workers; an AEWR for machine operators based on wage data 
about machine operators; and an AEWR for supervisors based on 
wage data about supervisors.
---------------------------------------------------------------------------
    \38\U.S. Dep't of Labor, Temporary Agricultural Employment of H-2A 
Nonimmigrants in the United States (July 26, 2019), https://
www.federalregister.gov/documents/2019/07/26/2019-15307/temporary-
agricultural-employment-of-h-2a-nonimmigrants-in-the-united-states.
    \39\Id., at proposed 20 C.F.R. Sec. 655.120.
---------------------------------------------------------------------------

H-2A Labor Protections

    Labor advocates have long stated that labor protections in 
the H-2A program need to be strengthened and better enforced. 
Many have raised serious questions as to whether the wage 
requirements described above, along with labor market tests and 
other H-2A program requirements, are sufficient to actually 
protect the wages and working conditions of domestic 
workers.\40\
---------------------------------------------------------------------------
    \40\Close to Slavery: Guestworker Programs in the United States, 
2013 Edition (2013), https://www.splcenter.org/sites/default/files/
d6_legacy_files/downloads/publication/SPLC-Close-to-Slavery-2013.pdf; 
Ruth Ellen Wasem, Immigration of Foreign Workers: Labor Market Tests 
and Protections, Cong. Research Service, Report RL33977 (Dec. 20, 
2010), https://www.crs.gov/Reports/RL33977?source=search.
---------------------------------------------------------------------------
    To protect domestic workers, the H-2A program currently 
requires employers to affirmatively recruit U.S. workers and to 
hire any qualified U.S. worker who applies for a job until 50 
percent of the work contract has elapsed.\41\ H-2A workers are 
also entitled to free housing for the period of the contract, a 
guarantee of receiving at least three-fourths of the total 
hours promised in the contract, reimbursement for certain 
travel costs, and workers' compensation coverage.\42\ However, 
because H-2A workers can work only for petitioning employers 
and those workers are dependent on the employers for their 
status and their ability to return in future seasons, labor 
advocates contend that existing protections are--for all 
practical purposes--largely diminished.\43\
---------------------------------------------------------------------------
    \41\20 C.F.R. Sec. 655.135(d).
    \42\See generally, 20 C.F.R. Sec. 655.135.
    \43\Ruth Ellen Wasem, Immigration of Foreign Workers: Labor Market 
Tests and Protections, Cong. Research Service, Report RL33977 (Dec. 20, 
2010), https://www.crs.gov/Reports/RL33977?source=search.
---------------------------------------------------------------------------
    Many U.S. employers also use private agencies to find and 
recruit temporary workers in their home countries, mostly in 
Mexico and Central America. These foreign labor recruiters may 
charge fees to workers and require them to leave collateral to 
ensure that they fulfill the terms of their contract. 
Consequently, labor advocates argue that many H-2A workers come 
to the United States with large debts and virtually no 
possibility of repaying these debts during their authorized 
work periods. This leaves such workers in a precarious economic 
state and further vulnerable to abuse and exploitation.

                  E-VERIFY AND THE AGRICULTURAL SECTOR

    E-Verify is a web-based system, administered by USCIS, that 
allows enrolled users (employers and recruiters) to confirm the 
identity and work authorization of individuals they are seeking 
to hire or recruit (or refer for a fee) for employment in the 
United States.\44\ The E-Verify system is used to confirm the 
identity and employment authorization of an employee by 
electronically matching information provided by the employee 
against records held by the Social Security Administration, the 
Department of Homeland Security, and the Department of 
State.\45\ If the information fails to match the information at 
the appropriate federal agency, the employee will receive a 
tentative nonconfirmation (TNC). The employee has 8 business 
days to challenge the TNC, and if the employee fails to do so, 
or if work authorization is not confirmed after a challenge, E-
Verify will issue a final nonconfirmation (FNC). E-Verify is 
currently voluntary for most employers, but is mandatory for 
some, including Federal government agencies, certain Federal 
government contractors, and employers in certain states that 
have mandated the use of E-Verify for some or all employers.
---------------------------------------------------------------------------
    \44\See generally, USCIS E-Verify, https://www.e-verify.gov/.
    \45\Id.
---------------------------------------------------------------------------
    Given that roughly half of all farmworkers in the United 
States are undocumented, an E-Verify mandate without an 
accompanying legalization component would devastate the 
agricultural sector.\46\ The American Farm Bureau Federation, 
for example, has estimated that mandatory E-Verify without 
stabilization of the agricultural workforce would reduce fruit 
production 30 to 61 percent and vegetable production 15 to 31 
percent.\47\
---------------------------------------------------------------------------
    \46\U.S. Dep't of Labor, Findings from the National Agricultural 
Worker Survey (NAWS) 2015-2016, at i (Jan. 23 2019), https://
wdr.doleta.gov/research/details.cfm?q=&id=2616; Mandatory E-Verify Too 
Costly for Employers, Workers, and Taxpayers, National Immigration Law 
Center (June 2015), https://www.nilc.org/wp-content/uploads/2015/11/E-
Verify-issue-brief-2015-06-26.pdf.
    \47\Agricultural Labor--E-Verify, American Farm Bureau Federation 
(Feb. 2018), https://www.fb.org/files/E-Verify_2018.pdf.
---------------------------------------------------------------------------

                                Hearings

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress, the following hearing was used to develop H.R. 
5038: ``Securing the Future of American Agriculture,'' held 
before the Subcommittee on Immigration and Citizenship on April 
3, 2019. The Subcommittee heard testimony from: Arturo S. 
Rodriguez, former President of the United Farm Workers; Tom 
Nassif, President and CEO of Western Growers; Areli Arteaga, 
former dairy worker and child of farmworkers; and Bill Brim, 
President of Lewis Taylor Farms, Inc. in Tifton, Georgia. 
Witnesses shared their personal stories and experiences with 
respect to the current state of the U.S. agricultural industry, 
highlighting the urgent need to address the growing labor 
crisis impacting America's farms.

                        Committee Consideration

    On November 20, 2019, the Committee met in open session on 
H.R. 5038. An amendment in the nature of a substitute was 
offered by Mr. Nadler, and two amendments to the amendment in 
the nature of a substitute passed by voice vote: (1) an 
amendment offered by Ms. Lofgren to correct various 
typographical errors and variances in the underlying bill; and 
(2) an amendment offered by Ms. Jackson Lee to expand 
eligibility for certified agricultural worker (CAW) status 
under section 101 to individuals in the United States pursuant 
to deferred enforced departure (DED) or temporary protected 
status (TPS). On November 21, 2019, the Committee ordered the 
bill, H.R. 5038, favorably reported with an amendment in the 
nature of a substitute by a rollcall vote of 18 to 12, a quorum 
being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
following rollcall votes occurred during the Committee's 
consideration of H.R. 5038:
    1. An amendment by Mr. Collins to strike subsections (a) 
and (b) of section 204, which ensures that H-2A workers are 
protected by existing labor laws, including the Migrant and 
Seasonal Agricultural Worker Protection Act, was defeated by a 
rollcall vote of 8 to 16.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    2. An amendment by Mr. Collins to amend section 204(b) to 
authorize courts to dismiss complaints filed by H-2A workers 
alleging a violation of the Migrant and Seasonal Agricultural 
Worker Protection Act, if, not later than five days after 
receiving service of the complaint, the employer files 
documentation with the court demonstrating that the action 
giving rise to the complaint has been remedied, was defeated by 
a rollcall vote of 9 to 16.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    3. An amendment by Mr. Chabot to amend section 101(b) by 
adding a new bar to eligibility for certified agricultural 
worker status or optional earned lawful permanent resident 
status based on either: (1) a single conviction for driving 
while intoxicated causing serious bodily injury or the death of 
another person; or (2) two or more convictions for driving 
while intoxicated, was defeated by a rollcall vote of 7 to 16.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    4. An amendment by Ms. Lesko to amend section 111 to 
condition the Secretary of Homeland Security's approval of a 
self-petition for lawful permanent resident status filed by a 
dependent spouse or child who has been battered or subjected to 
extreme cruelty on such Secretary's denial of any pending 
adjustment of status application and revocation of certified 
agricultural worker status, was defeated by a rollcall vote of 
7 to 12.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    5. An amendment by Mr. Steube to amend section 202 of the 
bill to replace the bill's wage provisions with provisions 
requiring employers to offer wages that are equal to the 
greatest of: (1) the applicable State or local minimum wage; 
(2) 115 percent of the Federal minimum wage; or (3) the actual 
wage paid by the employer to all other individuals in the job, 
was defeated by a rollcall vote of 8 to 15.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    6. Motion to report H.R. 5038, as amended, favorably was 
agreed to by a vote of 18 to 12.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

  New Budget Authority and Tax Expenditures and Congressional Budget 
                          Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received a cost estimate for this bill from the 
Director of Congressional Budget Office. The Committee has 
requested but not received from the Director of the 
Congressional Budget Office a statement as to whether this bill 
contains any new budget authority, spending authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures.

                    Duplication of Federal Programs

    No provision of H.R. 5038 establishes or reauthorizes a 
program of the federal government known to be duplicative of 
another federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
5038 would address longstanding labor issues in our country's 
agricultural sector by: (1) creating a program for undocumented 
agricultural workers to apply for temporary immigration status, 
with an option for long-term workers to earn lawful permanent 
resident status through continued agricultural employment and 
the payment of penalties; (2) reforming the H-2A temporary 
agricultural worker program to make it more streamlined, user-
friendly, and cost-effective for employers, while strengthening 
labor protections for all farmworkers; and (3) phasing in 
mandatory use of an electronic employment eligibility 
verification system (patterned on E-Verify) for the 
agricultural sector.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 5038 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Title I. Securing the Domestic Agricultural Workforce. 
Title I generally establishes two programs for experienced 
agricultural workers in the United States to earn immigration 
status through continued agricultural employment.
    Subtitle A. Temporary Status for Certified Agricultural 
Workers. Subtitle A creates a new temporary immigration status, 
known as Certified Agricultural Worker (CAW) status, for 
certain farmworkers in the United States.
    Sec. 101. Certified Agricultural Worker Status. Section 
101(a) sets forth the criteria for farmworkers in the United 
States to receive CAW status for themselves, and dependent 
status for their spouses and minor children. To be eligible, 
workers must: (1) have worked at least 180 days in agriculture 
in the two years prior to the date of the bill's introduction 
(November 12, 2019); (2) be inadmissible or deportable from the 
United States, or under a grant of deferred enforced departure 
or temporary protected status, on November 12, 2019; and (3) 
have been continuously present in the United States from that 
date until the date they are granted CAW status.
    Section 101(b) sets forth the grounds for ineligibility for 
CAW (and dependent) status. Applicants and any dependents must 
generally be ``admissible'' under section 212(a) of the 
Immigration and Nationality Act (INA), except that: (1) certain 
grounds are excused (e.g., public charge, labor certification, 
unlawful presence); (2) certain grounds are waived unless the 
relevant conduct occurred after the date of the bill's 
introduction (e.g., misrepresenting immigration status, being a 
stowaway, violating a student visa); and (3) certain grounds 
are waived unless the relevant conduct occurred after the date 
of application for CAW status (e.g., failing to attend 
proceedings, receiving a removal order).
    In addition to the normal criminal and security bars that 
apply to all applicants for admission, the bill also contains 
new catch-all criminal bars. Applicants are ineligible for CAW 
(or dependent) status if they have been convicted of: (1) any 
felony (excluding State offenses involving immigration status); 
(2) an aggravated felony, as defined in section 101(a)(43) of 
the INA; (3) two misdemeanor offenses of moral turpitude 
(generally, crimes involving the intent to injure or steal); or 
(4) more than two misdemeanor offenses of any kind (excluding 
offenses involving immigration status or minor traffic 
offenses), not occurring on the same date or arising out of the 
same misconduct. The Department of Homeland Security is 
provided the discretion to waive certain grounds of 
inadmissibility, but not the bars related to convictions for 
felonies, aggravated felonies, or more than two misdemeanors.
    Section 101(c) delineates the application process for CAW 
status, including an 18-month period for taking applications. 
Applications may be filed with the Department of Homeland 
Security with the assistance of an attorney or an organization 
recognized by the Board of Immigration Appeals as able to 
provide services to immigrants. The Department of Homeland 
Security shall also establish a process with the Department of 
Agriculture to allow individuals to submit applications at Farm 
Service Agency offices throughout the United States. This 
provision is intended to make it easier for individuals in 
rural areas to physically submit applications, including by 
allowing Department of Homeland Security personnel to use Farm 
Service Agency space during the application process. There is 
no intent to shift processing or adjudicatory responsibilities 
to the Department of Agriculture; those are intended to remain 
with the Department of Homeland Security. The agencies are 
expected to cooperate to ensure that this provision does not 
inhibit the ability of Farm Service Agency employees to fulfill 
their primary missions.
    Once an application is submitted, applicants receive 
interim proof of employment authorization and the ability to 
apply for travel permission, if needed. Applicants may not be 
detained or removed while the application is pending unless the 
Department of Homeland Security makes a prima facie 
determination that the applicant is ineligible for CAW status. 
Applicants may also withdraw their applications without 
prejudice.
    Section 101(d) requires the Department of Homeland Security 
to adjudicate applications for CAW status within 180 days 
(unless background checks and security clearances are still 
pending). Prior to issuing a denial, the Department must 
provide written notice to the applicant and allow the applicant 
at least 90 days to correct any deficiencies in the 
application.
    Section 101(e) states that farmworkers who do not qualify 
for CAW status because they cannot demonstrate sufficient past 
agricultural work, may be eligible for H-2A status if they have 
performed at least 100 days of agricultural work in the three 
years prior to November 12, 2019. Such individuals shall be 
eligible for H-2A status without having to depart the United 
States.
    Sec. 102. Terms and Conditions of Certified Status. Section 
102(a) provides that CAW status is valid for five and one-half 
years beginning on the date of approval. The Department of 
Homeland Security shall issue documentary evidence of status to 
workers and their dependents, and such documents shall serve as 
evidence of travel and work authorization (for workers and 
dependents). The validity period of five and one-half years is 
intended to provide recipients with sufficient time to satisfy 
the five-year agricultural work requirement and facilitate the 
efficient processing of applications to renew CAW status.
    Section 102(b) allows spouses and children with dependent 
status to apply for principal CAW status if they are not 
ineligible due to criminal and other bars to eligibility. Upon 
receiving principal CAW status, such individuals would be 
required to satisfy the applicable agricultural work 
requirements to apply for renewal of such status or to apply 
for lawful permanent resident status under Subtitle B. Section 
102(b) also clarifies that nothing prevents workers or 
dependents from changing to any other nonimmigrant 
classification for which they may be eligible.
    Section 102(c) provides that individuals holding CAW or 
dependent status shall be considered lawfully present for all 
purposes, except that they are ineligible to receive: (1) 
federal means-tested public benefits to the same extent as 
other individuals who are not ``qualified aliens''' as defined 
in section 431 of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996; and (2) premium 
assistance tax credits, under section 36B of the Internal 
Revenue Code of 1996, for the maintenance of health care 
coverage. Such individuals shall also be subject to the rules 
applicable to individuals who are not lawfully present for 
purposes of certain requirements of the Patient Protection and 
Affordable Care Act.
    Section 102(d) authorizes the Department of Homeland 
Security to revoke CAW or dependent status, after notice and 
opportunity to contest the revocation, upon a finding that the 
recipient no longer meets the eligibility requirements for such 
status under section 101(b).
    Sec. 103. Extension of Certified Status. Section 103(a) 
establishes the procedures for obtaining extensions of CAW and 
dependent status, which may be extended indefinitely if 
applicants comply with the requirements of this section during 
each five-and-one-half-year period in CAW status. Absent 
extraordinary circumstances, applicants must apply to extend 
status within a 120-day window straddling the end of the fifth 
year of CAW status. Specifically, the 120-day application 
window begins 60 days before the expiration of the fifth year 
of CAW status and is intended to provide applicants with ample 
opportunity to satisfy the agricultural work requirements 
necessary for renewal. Applicants must demonstrate that they 
worked in agriculture for at least 100 work days for each of 
the 5 years in CAW status (except as otherwise provided), and 
that they are not ineligible due to criminal or other bars to 
eligibility. Section 103(a) further allows the Department of 
Homeland Security to waive an applicant's failure to timely 
file before the expiration of the 120-day window if the 
applicant demonstrates that the delay resulted from 
extraordinary circumstances or other good cause.
    Section 103(b) automatically extends CAW status and 
employment authorization based on a timely filed extension 
application, until a final decision is made on the application.
    Section 103(c) provides that, prior to denying an extension 
application, the Department of Homeland Security must provide 
written notice to the applicant along with 90 days to respond.
    Sec. 104. Determination of Continuous Presence. Section 
104(a) provides that an applicant's ``continuous presence'' in 
the United States is not terminated based simply upon the 
service of a notice to appear to initiate removal proceedings.
    Section 104(b) states that absent extenuating circumstances 
or prior approval for travel by the Department of Homeland 
Security, applicants will fail to maintain continuous presence 
if they depart the United States for any period exceeding 90 
days, or any periods exceeding 180 days in the aggregate.
    Sec. 105. Employer Obligations. Section 105 requires 
employers to provide workers with written records of employment 
for each year such workers were employed in CAW status. 
Employers are subject to civil penalties of up to $500 per 
violation if they knowingly fail to provide, or make false 
statements of material fact in, such records.
    Sec. 106. Administrative and Judicial Review. Section 106 
requires the Department of Homeland Security to establish a 
process for administrative review of the denial or revocation 
of CAW status, and limits judicial review to review of a final 
order of removal. All records related to an individual's 
application for CAW status (including an extension or 
revocation of such status) shall be included in the 
administrative record and are admissible in immigration court. 
Judicial review of the denial or revocation of CAW status is 
limited to judicial review of a final order of removal.
    Subtitle B. Optional Earned Residence for Long-Term 
Workers. Subtitle B recognizes the contribution of farmworkers 
to the economy and vibrancy of U.S. agriculture by providing an 
option to earn lawful permanent resident (LPR) status through 
additional agricultural work and the payment of penalties. As 
noted previously, workers in CAW status are not required to 
seek LPR status at any point. Workers in CAW status can renew 
such status indefinitely by complying with the requirements of 
Subtitle A, and they may return to their home country at any 
point if they so choose.
    Sec. 111. Optional Adjustment of Status for Long-Term 
Agricultural Workers. Section 111(a) authorizes the Department 
of Homeland Security to adjust the status of a worker in CAW 
status to LPR status if the worker remains eligible for CAW 
status, the worker pays the penalty under section 111(b), and 
the worker demonstrates completion of one of the following work 
requirements: (1) if the applicant worked in U.S. agriculture 
for 10 or more years prior to the date of the bill's enactment, 
the applicant must demonstrate another 4 years of agricultural 
work in CAW status; or (2) if the applicant worked in U.S. 
agriculture for less than 10 years prior to the date of 
enactment, the applicant must demonstrate another 8 years of 
agricultural work in CAW status. The Committee intends that 
workers be eligible to apply for LPR status with either 4 or 8 
years of additional work in CAW status, as appropriate based on 
their prior work history. A spouse or child may also adjust to 
LPR status if the qualifying relationship exists at the time of 
adjudication and the spouse or child is not ineligible based on 
criminal or other bars listed in section 101(b). The bill 
includes protections for dependents in cases involving the 
death of the worker or severe domestic violence. The bill also 
provides that when applying for LPR status, workers are not 
required to resubmit evidence of work history that has been 
previously submitted and accepted by the Department of Homeland 
Security.
    Section 111(b) requires applicants for LPR status to pay a 
penalty fee of $1,000.
    Section 111(c) provides that upon filing for adjustment of 
status, applicants may apply for travel permission, if needed. 
Applicants are not considered unlawfully present, and may not 
be detained or removed, while the application is pending unless 
the Department of Homeland Security makes a prima facie 
determination that the applicant is ineligible for LPR status.
    Section 111(d) states that applicants shall be provided 
proof of filing, which shall serve as interim proof of work 
authorization.
    Section 111(e) allows applicants to withdraw applications 
without prejudice.
    Sec. 112. Payment of Taxes. Section 112 prohibits 
adjustment to LPR status unless the applicant has satisfied any 
applicable Federal tax liabilities incurred since the date on 
which the applicant was provided CAW status.
    Sec. 113. Adjudication and Decision; Review. Section 113 
requires the Department of Homeland Security to adjudicate 
applications for LPR status within 180 days (unless background 
checks and security clearances are still pending). Prior to 
issuing a denial, the Department must provide applicants with 
written notice and 90 days to correct any deficiencies. The 
Department must also establish an administrative review 
process. Judicial review of the denial of an application for 
LPR status may be sought in an appropriate United States 
district court.
    Subtitle C. General Provisions.
    Sec. 121. Definitions. Section 121 defines the following 
terms for the purposes of Title I of the bill: agricultural 
labor or services; applicable Federal tax liability; 
appropriate United States district court; child; convicted or 
conviction; employer; qualified designated entity; Secretary; 
and work day.
    Sec. 122. Rulemaking; Fees. Section 122 requires the 
Department of Homeland Security to publish interim final rules 
within 180 days of the date of the bill's enactment and to 
finalize such rules within one year of such enactment. The 
Department is authorized to charge reasonable filing fees 
commensurate with the costs of processing applications under 
Title I, and it must establish procedures for: (1) the waiver 
of fees, and (2) the payment of fees or penalties in 
installments. Section 122 also clarifies that nothing in the 
bill prevents employers from paying such fees or penalties on 
behalf of workers or their spouses and minor children.
    Sec. 123. Background Checks. Section 123 requires the 
Department of Homeland Security to collect biometric and 
biographic data from applicants and prohibits the granting of 
benefits unless security and background checks are completed to 
the Department's satisfaction.
    Sec. 124. Protection for Children. Section 124 sets a 
child's age, for purposes of obtaining CAW or LPR status as a 
dependent, on the filing date of the parent's first application 
for CAW status. This age-out protection applies for no more 
than 10 years after that filing date.
    Sec. 125. Limitation on Removal. Section 125(a) requires 
that individuals who are prima facie eligible for status under 
Title I be given a reasonable opportunity to apply for such 
status. This section also prohibits individuals who are prima 
facie eligible from being placed in removal proceedings, or 
removed, until a final decision on the application is rendered.
    Section 125(b) requires termination of removal proceedings 
against individuals who are prima facie eligible for status 
under Title I. Such individuals must be provided a reasonable 
opportunity to apply for such status.
    Section 125(c) allows an individual ordered removed, or 
granted voluntary departure, to apply for status without first 
having to file a motion with the relevant immigration court. If 
the application is approved, the order of removal or voluntary 
departure is cancelled; if the application is denied, the order 
remains in effect.
    Section 125(d) clarifies that individuals with orders of 
removal shall not be deemed to have executed these orders as a 
result of departing the United States if the individuals have 
been granted status or have obtained advance permission to 
travel abroad from the Secretary.
    Sec. 126. Documentation of Agricultural Work History. 
Section 126(a) requires applicants for CAW or LPR status to 
provide evidence that they satisfied any agricultural work 
requirements. Section 126(b) sets forth the types of evidence 
that may be submitted. These include employment records 
maintained by employers and collective bargaining 
organizations, tax records and other government records, sworn 
affidavits from persons who have direct knowledge of the 
applicant's work history, and other documentation designated by 
the Department of Homeland Security for such purpose. This 
section is intended to allow applicants for status under Title 
I to satisfy the agricultural work requirement through the 
submission of various types of evidence considering the 
difficulty many undocumented individuals are likely to have 
proving employment, and the duration of such employment, as far 
back as 10 years ago.
    Section 126(c) allows the Department of Homeland Security 
to credit an applicant with not more than 575 hours (or 100 
work days) of agricultural labor or services if the applicant 
was unable to perform such services due to extraordinary 
circumstances, including: pregnancy, illness, disabling injury, 
or physical limitation of the applicant; injury, illness, or 
special needs of the applicant's spouse or child; severe 
weather conditions; or termination from employment if the 
Department of Homeland Security determines that such 
termination was without just cause and the applicant was unable 
to find alternative agricultural employment after a reasonable 
job search. This section recognizes that there are certain 
situations in which a worker may be unable to satisfy all of 
the applicable agricultural work requirements due to 
circumstances beyond the worker's control.
    Sec. 127. Employer Protections. Section 127 provides that 
an employer that continues to employ an individual during the 
initial application window in section 101(c), knowing that such 
individual intends to apply for CAW status, shall not be held 
liable for continuing to employ that individual. Documents 
provided by an employer in support of an application for CAW or 
LPR status cannot be used to investigate or prosecute such 
employers under the immigration laws or tax code. When records 
or other evidence of employment are provided by employers in 
response to a request to establish eligibility for status under 
this title, such documents may not be used for any purpose 
other than establishing such eligibility. These employer 
protections shall not apply if the employer-provided documents 
are determined to be fraudulent.
    Sec. 128. Correction of Social Security Records. Section 
128 protects individuals with CAW (or dependent) status from 
certain penalties under the Social Security Act if such 
individuals worked under an assumed social security number 
prior to applying for such status.
    Sec. 129. Disclosures and Privacy. Section 129 prohibits 
the Department of Homeland Security from disclosing or using 
application information under Title I for general immigration 
enforcement purposes and may not refer applicants for 
immigration enforcement based solely on information provided in 
such applications. However, application information may be 
shared with federal law enforcement agencies for assistance in 
the consideration of an application, to identify or prevent 
fraud, for national security purposes, or for the investigation 
or prosecution of a felony not related to immigration status. A 
person who knowingly violates these provisions shall be fined 
up to $10,000. The Department shall also take steps to ensure 
that all personally identifiable information collected is 
protected, secure, and remains confidential.
    Sec. 130. Penalties for False Statements in Applications. 
Section 130 makes it a crime to knowingly make false 
statements, conceal a material fact, or use any false document 
in an application for CAW or LPR status, or to create or supply 
false documents for such purposes. Individuals may be fined, 
sentenced to a maximum of 5 years imprisonment, or both. An 
individual convicted of such a crime shall be deemed 
inadmissible under section 212(a)(6)(C)(i) of the INA for 
misrepresentation.
    Sec. 131. Dissemination of Information. Section 131 
requires the Department of Homeland Security to cooperate with 
qualified designated entities to broadly disseminate 
information on benefits and eligibility requirements under this 
title. As defined in section 121, qualified designated entities 
include farm labor organizations, employer associations, and 
other entities that the Department of Homeland Security 
designates as having substantial experience and demonstrated 
competence in the preparation and submission of applications 
for adjustment of status. This section also requires the 
Department of Agriculture to disseminate to agricultural 
employers a document with information about the requirements 
and benefits under Title I for posting at employer worksites.
    Sec. 132. Exemption from Numerical Limitations. Section 132 
clarifies that there is no numerical limitation on the number 
of individuals who may be granted CAW status, dependent status, 
or LPR status under this title.
    Sec. 133. Reports to Congress. Section 133 requires annual 
reporting for 10 years on the number of applicants for CAW, 
LPR, and H-2A status (as well as dependents) under this title, 
and the number of those approved in these statuses.
    Sec. 134. Grant Program to Assist Eligible Applicants. 
Section 134 helps ensure that eligible individuals have access 
to information and assistance under this title. Among other 
things, the section establishes a grant program for nonprofit 
organizations with demonstrated experience in providing quality 
services to farmworkers or immigrants in publicizing 
information about benefits under this title, and assisting 
individuals applying for and receiving such benefits.
    Sec. 135. Authorization of Appropriations. Section 135 
authorizes appropriations necessary to implement this title.
    Title II. Ensuring an Agricultural Workforce for the 
Future. Title II contains reforms to modernize the H-2A 
temporary agricultural worker program. Subtitle A reforms the 
H-2A program to streamline processing, reduce costs, and 
provide more flexibility for employers, while providing 
protections for H-2A and domestic workers. Subtitle B reforms 
existing farmworker and rural housing programs to improve 
current housing stock and incentivize the construction of 
additional, affordable farmworker housing. Subtitle C 
establishes a program to register and provide oversight and 
enforcement over foreign labor recruiters engaged in the 
recruitment of workers for the H-2A program.
    Subtitle A. Reforming the H-2A Temporary Worker Program.
    Sec. 201. Comprehensive and Streamlined Electronic H-2A 
Platform. Section 201(a) replaces the current 4-step H-2A 
application and petition process with a single electronic 
platform for completing most of the H-2A process. The platform 
will serve as a single point of access for: (1) employers to 
input all information and supporting documentation for 
completing the H-2A petition process, including obtaining labor 
certification and petition approval; (2) all applicable 
agencies--including the Department of Homeland Security, the 
Department of Labor, and State workforce agencies (SWAs)--to 
concurrently perform their responsibilities relating to labor 
certification and petition approval; and (3) facilitating 
communication between employers and agency adjudicators. The 
Department of State and U.S. Customs and Border Protection may 
access the platform to facilitate H-2A visa issuance and the 
admission of workers.
    The purpose of the single electronic platform is to 
streamline and improve the H-2A process, including by: (1) 
eliminating the need for employers to submit duplicate 
information and documentation to multiple agencies; (2) 
eliminating redundant bureaucratic processes, where a single 
matter in a petition is adjudicated by more than one agency; 
(3) reducing the occurrence of common petition errors, and 
otherwise improving and expediting the processing of H-2A 
petitions; and (4) ensuring compliance with H-2A program 
requirements and the protection of the wages and working 
conditions of workers.
    Section 201(b) requires the Department of Labor to maintain 
a public online job registry and searchable database of all job 
orders submitted by H-2A employers. The registry and database 
are intended to facilitate the ability of domestic workers to 
easily search and apply for available job opportunities.
    Sec. 202. H-2A Program Requirements. Section 202 amends 
section 218 of the INA in its entirety, as follows:
    New Section 218(a) preserves the existing requirement that 
the Department of Homeland Security may not approve a petition 
unless the Department of Labor certifies that there are no 
able, willing, and qualified workers to perform the 
agricultural work that is the subject of the H-2A petition, and 
that such employment of H-2A workers will not adversely affect 
the wages and working conditions of similarly employed 
individuals.
    New Section 218(b) requires the employer to attest to and 
demonstrate compliance, as appropriate, with the following:
           That there is a need for agricultural labor 
        or services, including a description and location of 
        the work, the dates of need, and the number of job 
        opportunities in which the employer seeks to employ 
        workers.
           That the employer has not displaced and will 
        not displace similarly situated U.S. workers during the 
        period of employment, and the 60-days preceding such 
        period.
           That there is no strike or lockout at the 
        place of employment.
           That the employer will engage in the 
        recruitment of U.S. workers and will hire such workers 
        who are able, willing, qualified, and available. The 
        employer may reject a U.S. worker only for lawful, job 
        related reasons.
           That the employer will offer and provide the 
        required minimum wages, benefits, and working 
        conditions to H-2A workers and all similarly employed 
        workers; that similarly employed workers will not be 
        offered less than what is offered to H-2A workers; and 
        that similarly employed workers will not be subject to 
        restrictions or obligations that are not also imposed 
        on H-2A workers
           That the employer will provide appropriate 
        workers' compensation insurance, at no cost to the 
        worker, if the job is not covered by State workers' 
        compensation laws.
           That the employer will comply with all 
        applicable Federal, State, and local labor- and 
        employment-related laws.
    New Section 218(c) modernizes the recruitment requirements 
for the H-2A program, including by eliminating a requirement to 
post classified ads. Under the new requirements, an employer 
will be required to: (1) post the job opportunity on the 
electronic job registry and at the place of employment; (2) 
make reasonable efforts to contact any U.S. worker employed by 
the employer in the previous year in the same job and area of 
employment (excluding workers who were terminated for cause or 
abandoned the worksite); and (3) fulfill other positive 
recruitment steps ordered, if any.
    The period of recruitment is defined as starting when the 
job order is posted and ending when the H-2A workers depart for 
the place of employment. For petitions involving staggered 
entry (i.e., petitions seeking H-2A workers for more than one 
start date), the recruitment period ends with the departure of 
the worker with the last start date.
    The specific requirement to hire U.S. workers who apply for 
the job opportunity extends beyond the recruitment period and 
ends on the later of: (1) the 30th day after work begins, or 
the date on which 33% (50% for labor contractors) of the work 
contract has elapsed. For petitions involving staggered entry, 
each start date establishes a separate job opportunity. It is 
the intent of the Committee that each job opportunity within a 
staggered entry petition will be independently searchable in 
the public online job registry so that U.S. workers can easily 
identify and apply for such opportunities. An employer may not 
reject a U.S. worker because the worker is unable or unwilling 
to fill more than one job opportunity included in the petition. 
For the purpose of recruitment, workers with CAW status are 
considered U.S. workers, except that an employer may petition 
for and hire an H-2A worker over a worker with CAW status if 
the employer previously employed the H-2A worker in each of 
three years during the most recent four-year period.
    Employers must maintain a report on recruitment efforts and 
must submit regular updates on the results of recruitment 
through the electronic portal. Recruitment reports and 
supporting documents must be maintained for three years from 
the date of labor certification. If the employer denies 
employment to an applicant as not able, willing, or qualified, 
the employer maintains the burden of proof of establishing that 
the applicant was not able, willing, or qualified because of a 
lawful, employment-related reason.
    New Section 218(d) sets the wage requirements for H-2A 
workers and similarly employed workers. New Section 218(d)(1) 
requires employers to offer workers the highest of: (1) the 
agreed-upon collective bargaining wage, if any; (2) the Adverse 
Effect Wage Rate (AEWR) (or any successor rate that may be 
established under a later provision in this subsection); (3) 
the prevailing hourly wage or piece rate; or (4) the Federal or 
State minimum wage.
    New Section 218(d)(2) sets out to comprehensively reform 
AEWR determinations for future years. First, the Department of 
Labor is required to set and report distinct AEWR wages at the 
occupational classification level (i.e., based on the type of 
agricultural work involved), rather than as a single, aggregate 
wage applicable to all agricultural workers. If available, the 
AEWR would be set as the annual average hourly wage for the 
occupation based on regional wage data for the occupation 
collected in a wage survey conducted by the Department of 
Agriculture (commonly known as the ``Farm Labor Survey''). If 
sufficient regional data is unavailable, the AEWR for the 
occupation would be set based on national wage data collected 
from that survey. However, if the survey data obtained by the 
Department of Agriculture is insufficient to set the AEWR for 
the occupation, the AEWR may then be set based on wage data 
collected in a wage survey conducted by the Department of Labor 
(commonly known as the ``Occupational Employment Survey''). The 
Department of Labor would first be required to set the wage 
based on regional wage data. If sufficient regional data is 
unavailable, the Department could set the AEWR based on 
national wage data.
    Second, new Section 218(d)(2) addresses wage fluctuations 
in the AEWR from 2020 through 2029. Specifically, for calendar 
year 2020, the AEWR remains set at 2019 levels. For each of 
calendar years 2021 through 2029, the AEWR cannot decrease by 
more than 1.5% or increase by more than 3.25% based on the AEWR 
from the immediately preceding year. However, if the result of 
this calculation is lower than 110% of the applicable Federal 
or State minimum wage, the calculation is adjusted so that the 
AEWR cannot increase by more than 4.25%. For 2030 and 
subsequent years, a successor wage rate is established as 
provided under new Section 218(d)(7). Until this new wage 
standard is effective, the AEWR cannot decrease by more than 
1.5% or increase by more than 3.25% based on the AEWR from the 
immediately preceding year.
    New Section 218(d)(3) clarifies that if the primary job 
duties of a worker fall into multiple occupational 
classifications, the applicable wage rates shall be based on 
the highest wage rate of any of the applicable occupational 
classifications for the worker.
    New Section 218(d)(4) requires the Department of Labor to 
publish the AEWR and any available prevailing wage rates in the 
Federal Register prior to the start of each calendar year, but 
also protects employers with seasonal or temporary needs from 
having required wage rates increase mid-contract. Specifically, 
upon an update of the AEWR, an employer of seasonal or 
temporary H-2A workers will not be required to pay the new wage 
if recruitment efforts have already commenced at the time of 
publication of the new AEWR. However, for year-round positions, 
if the wage is higher than that which is guaranteed in the work 
contract, an employer must pay the new wage within 14 days of 
publication.
    New Section 218(d)(5) requires employers who pay by a piece 
rate or other incentive method to specify in the job order any 
productivity standards that are a condition of job retention, 
and such standards must be consistent with what other employers 
in the area of intended employment normally require. The 
Department of Labor, however, may approve a higher minimum 
standard if that standard results from material changes in 
production methods.
    New Section 218(d)(6) requires employers to guarantee 
employment for three-fourths of the work days in the contract, 
unless: (1) the worker fails to work (up to a maximum of hours 
specified in the job offer for a work day) when the worker has 
been offered an opportunity to do so, abandons employment 
without good cause, or is terminated for cause; or (2) the 
contract cannot be completed for reasons beyond the control of 
the employer. In the event of contract impossibility, the 
employer has to fulfill the employment guarantee for the days 
that have elapsed and must make efforts to transfer the worker 
to comparable employment acceptable to the worker.
    New Section 218(d)(7) establishes the procedures for 
determining the wage rate to replace the AEWR beginning in 
calendar year 2030. Beginning in 2026, the Departments of 
Agriculture and Labor are first required to jointly conduct a 
study of the AEWR and determine: (1) whether the employment of 
H-2A workers has depressed the wages of U.S. farmworkers; (2) 
whether the AEWR is necessary to protect the wages of U.S. 
farmworkers or whether alternative wage standards would be 
sufficient for this purpose; and (3) whether any changes are 
warranted in the current methodologies for calculating required 
wages for the H-2A program. The Departments are then required, 
by October 1, 2027, to jointly prepare and submit a report to 
Congress setting forth the findings of the study and any 
recommendations for future wage protections. Upon publication 
of this report, the Department of Labor, in consultation with 
and with the approval of the Department of Agriculture, shall 
make a rule to establish a process for annually determining a 
subsequent wage standard for years beginning in 2030. That 
process must be designed to ensure that the employment of H-2A 
workers does not undermine the wages and working conditions of 
similarly employed U.S. workers.
    New Section 218(e) preserves the current requirement that 
employers furnish housing that meets applicable standards, at 
no cost to the worker, in accordance with Department of Labor 
regulations. Employers must provide family housing where it is 
the prevailing practice to provide such housing in the area and 
occupation of intended employment. The employer, however, is 
not required to provide housing to U.S. workers who live within 
a reasonable commuting distance. The Department of Labor must 
ensure housing inspections are completed prior to the date that 
labor certification is required. To better ensure timely 
inspections, employers may request housing inspection up to 60 
days before filing the H-2A petition. Housing provided to H-2A 
workers engaged in year-round employment shall be subject to an 
annual inspection.
    New Section 218(f) requires that for a worker who completes 
50 percent of the work contract, the employer is required to 
reimburse the worker for reasonable transportation and 
subsistence costs to the place of employment. If the worker 
completes the contract, the employer must also provide or pay 
for reasonable transportation and subsistence back home or to 
the next place of employment (unless the worker's subsequent 
employer agrees to provide transportation and subsistence to 
such worker). In either case, the amount of reimbursement need 
not exceed the lesser of: (1) the actual costs of travel, or 
(2) the most economical and reasonable common carrier 
transportation charges and subsistence costs for the distance 
involved. Finally, for travel to and from the worker's home 
country, if the travel distance between the worker's home and 
the relevant consulate is 50 miles or less, travel 
reimbursement may be based on transportation to or from the 
consulate.
    New Section 218(g) requires all employers to maintain a 
reasonable heat illness prevention plan, including appropriate 
training, access to water and shade, the provision of breaks, 
and the protocols for emergency response. Such plan must be in 
a language understood by a significant portion of workers, and 
it must be posted in a conspicuous location at the worksite and 
provided to workers prior to the commencement of labor or 
services.
    New Section 218(h) sets forth the procedures for employers 
to request H-2A workers through the electronic platform. The 
process begins when the employer submits a completed H-2A 
petition (including a job order) through the electronic 
platform 75 to 60 calendar days before the first date of need. 
An agricultural association may file a petition as either a 
joint or sole employer. When filing the petition, an employer 
may seek temporary or seasonal workers for more than one start 
date (``staggered entry'') if: (1) the petition contains no 
more than 10 start dates, all of which share a common end date 
that is no longer than one year after the first start date; (2) 
no more than 120 days separate the first and last start dates; 
(3) the petition involves the same occupational classification 
and area of intended employment; and (4) the need for staggered 
entry arises from normal variations in labor needs. The 
Committee clarifies, however, that this provision is not 
intended to reflect a view on the definition of ``temporary or 
seasonal.'' A labor contractor may not file such a petition 
involving staggered entry unless the labor contractor: (1) 
files jointly with its farmer customers or otherwise operates 
in a state with joint liability, or (2) posts a premium surety 
bond (i.e., a bond that is at least 15 percent higher than the 
normally required bond for labor contractors).
    Once the petition is filed, the Department of Labor, in 
consultation with the relevant State workforce agency (SWA), 
must review the job order and notify the employer of any 
deficiencies through the electronic platform within 7 business 
days. Employers are provided 5 business days to respond. The 
job order must include all material terms and conditions of 
employment, including the requirements of new Section 218, and 
must be otherwise consistent with the minimum standards 
provided under Federal, State, or local law. The Department of 
Labor must also establish emergency procedures for the curing 
of deficiencies that cannot be resolved quickly. If the job 
order is approved, the Department of Labor must post it on the 
online job registry and notify the appropriate SWA to commence 
recruitment of U.S. workers. The SWA shall refer qualified U.S. 
workers who apply for the job opportunity during the 
recruitment period.
    Within 7 business days of the approval of the job order, 
the Department of Labor must notify the employer of any 
deficiencies in the information required for labor 
certification. Employers are provided 5 business days to 
respond. The Department of Labor is required to issue the labor 
certification, if the requirements under new Section 218 are 
met, not later than 30 days before the first date of need. 
Employers may appeal denials or partial certifications, and the 
Department of Labor must respond to an appeal within 72 hours.
    Within 7 days of the issuance of a labor certification, the 
Department of Homeland Security must issue a decision on the 
petition. If approved, the electronic platform is updated and 
available to the Department of State for visa issuance and to 
Customs and Border Protection for the purpose of determining 
admission. A petition for multiple named beneficiaries may be 
partially approved for the eligible beneficiaries, even if one 
or more of the other beneficiaries are potentially ineligible. 
Post-certification amendments are permitted if they do not 
materially change the petition, including the job order.
    New Section 218(h)(4) simply retains the current statutory 
language governing the roles of agricultural associations and 
its individual producer members. No changes were made to these 
provisions.
    New Section 218(h)(5) authorizes the Department of Labor, 
in consultation with the Departments of Agriculture and 
Homeland Security, to issue regulations reasonably modifying H-
2A program requirements to accommodate specific agricultural 
occupations due to the unique nature of the work involved. This 
provision is intended to codify the Department of Labor's 
longstanding use of ``special procedures''' for certain 
industries when strict adherence to program requirements would 
be impractical or impossible.
    New Section 218(h)(6) prohibits employers from hiring H-2A 
workers when the majority of duties fall within an occupational 
classification designated by the Department of Labor as a 
construction or extraction occupation.
    New Section 218(i) accommodates the need for workers 
engaged in labor or services that are not of a temporary or 
seasonal nature by making 3-year H-2A visas available for 
workers engaged in such year-round employment. Unlike 
traditional H-2A visas for temporary or seasonal jobs, which 
are not subject to numerical limitation, the H-2A visas for 
year-round employment are subject to such limitation. For the 
first three fiscal years, year-round H-2A visas are capped at 
20,000 per year. For the next seven fiscal years, the 
Departments of Agriculture and Labor, in consultation with the 
Department of Homeland Security, shall jointly determine the 
appropriate visa cap after considering appropriate factors 
related to labor needs. Such cap, however, cannot be set lower 
than 20,000 and cannot increase or decrease by more than 12.5% 
from the cap set in the immediately preceding fiscal year.
    After the tenth year, the Departments of Agriculture and 
Labor, in consultation with the Department of Homeland 
Security, shall jointly determine, after considering 
appropriate factors, whether to set a cap and, if so, what the 
cap should be. The Departments shall also jointly establish 
emergency procedures for immediately adjusting the numerical 
limit in any fiscal year (after the first three fiscal years) 
if such adjustment is necessary to account for significant 
labor shortages.
    New Section 218(i) additionally requires that 3-year H-2A 
visas be evenly allocated between the two halves of the fiscal 
year, unless it is determined that an alternative allocation 
would better accommodate demand. Unused visas from the first 
half of the fiscal year are added to the allocation for the 
second half of the fiscal year. Additionally, 50 percent of the 
visa numbers made available in each half of the fiscal year 
shall be allocated to dairy-related jobs, except that any 
unused visas can later be made available for non-dairy jobs.
    Additionally, employers must provide year-round H-2A 
workers with annual round trip travel home, with no more than 
14 months elapsing between each period of travel. Employers 
must also offer family housing to year-round workers with 
families, but workers can reject such an offer. If a worker 
accepts such housing, the employer may not charge the worker 
for the housing, but the employer may charge a pro-rated rent 
based on the fair market value of the housing for the worker's 
family members.
    Finally, to be eligible for year-round H-2A workers, dairy 
employers must report serious safety-related incidents 
consistent with federal safety regulations. Dairy employers 
must also maintain a workplace safety plan to prevent workplace 
accidents, including by providing animal care training; 
protecting against sexual harassment and violence, as well as 
retaliation; and complying with other safety regulations issued 
by the Department of Labor, in consultation with the Department 
of Agriculture. Such plan must be in a language understood by a 
significant portion of workers, and it must be provided to 
workers prior to the commencement of labor or services.
    New Section 218(j) sets forth the conditions for 
eligibility and admission of a worker in H-2A status. Workers 
who previously violated H-2A status are disqualified from such 
status for 5 years. H-2A visas shall be valid for three years 
and shall allow for multiple entries, except that an H-2A 
worker's authorized period of stay shall be based on the period 
of employment specified in the approved petition. Upon reaching 
the maximum continuous period of authorized stay (36 months), 
H-2A workers must depart and remain outside the United States 
for at least 45 days before they can reenter in H-2A status. 
Any periods in which an H-2A worker has departed the United 
States during the worker's period of authorized stay may be 
used to offset or partially offset the 45-day absence 
requirement.
    In addition to the period of authorized stay (up to 36 
months), an H-2A worker's period of admission shall include an 
additional 10 days prior to the beginning of the work contract 
and 45 days at the end of employment for the purpose of 
traveling home or seeking an extension of status based on a new 
offer of employment. H-2A workers in the United States may 
start new employment with another employer if a non-frivolous 
petition is timely filed and the H-2A worker has not worked 
without authorization. Moreover, H-2A workers who are sponsored 
for immigrant visas (i.e., lawful permanent residence) can 
continue working in H-2A status (notwithstanding the 36-month 
maximum) until their immigrant visas become available. Those 
workers who abandon employment without good cause will 
generally be considered to have failed to maintain H-2A status. 
H-2A workers are provided a reasonable grace period, once 
during each period of authorized stay.
    New Section 218(k) governs required disclosures that 
employers must make to H-2A workers. First, employers must 
provide a prospective H-2A worker with a copy of the work 
contract (or job order and labor certification), including the 
disclosures and rights under the H-2A program, before the H-2A 
worker is required to apply for a visa (or, for a worker moving 
from one H-2A employer to another, by the time the subsequent 
offer of employment is made). Employers must provide H-2A 
workers with detailed earnings statements on or before each pay 
day. Finally, employers must post a notice of worker rights, in 
one or more languages common to a significant portion of the 
workers, at the worksite.
    New Section 218(l) requires labor contractors seeking to 
hire H-2A workers to maintain surety bonds. The Department of 
Labor shall set bond amounts based on the number of workers 
sought, and labor contractors that want to file petitions 
involving staggered entry must maintain premium surety bonds, 
which are defined as bonds that are 15 percent higher than the 
otherwise applicable bond amount.
    New Section 218(l) also requires employers that use foreign 
labor recruiters to use a recruiter registered with the 
Department of Labor consistent with Subtitle C of Title II. In 
addition, employers and their agents are prohibited from 
collecting fees or seeking payment from workers for any 
activity associated with the H-2A petition process, except for 
costs that are primarily for the worker's benefit. Employers 
must also contractually forbid labor contractors and foreign 
labor recruiters, and any agents of such contractors or 
recruiters, from seeking or receiving prohibited payments from 
prospective employees.
    New Section 218(m) specifies the Department of Labor's 
enforcement authority over the H-2A program, including the 
authority to impose penalties and other sanctions and to seek 
monetary and injunctive relief and specific performance of 
contractual obligations. The Department of Labor is required to 
maintain a process for receiving, investigating, and resolving 
complaints, which may be filed up to 2 years after the date of 
the alleged violation. If, after notice and the opportunity for 
a hearing, the Department of Labor finds that an employer 
failed to comply with H-2A program requirements, the Department 
may order the payment of back wages, unpaid benefits, or 
illegally assessed fees, as well as damages and civil money 
penalties. The Department may also debar employers for up to 5 
years for willful or multiple material violations, and 
permanently upon subsequent findings involving willful or 
multiple material violations. This subsection is not to be 
construed as limiting the Department of Labor's authority to 
conduct an investigation under any other law or in the absence 
of a complaint. Finally, employers are prohibited from 
retaliating against any person who has: (1) disclosed 
information that the person reasonably believes evidences a 
violation, (2) filed a complaint or otherwise taken steps to 
report violations of the H-2A program, (3) cooperated in any 
investigation or other proceeding concerning H-2A program 
compliance; or (4) exercised or asserted any right or 
protection under this section.
    New Section 218(n) defines the following terms: displace; 
H-2A worker; job order; online job registry; similarly 
employed; and United States worker.
    New Section 218(o) directs the Department of Homeland 
Security to impose a fee to cover the reasonable costs of 
processing H-2A petitions, including the costs of providing 
labor certification. The portion of fees collected to offset 
the costs of labor certification shall be deposited into an 
account maintained by the Department of Labor. New Section 
218(o) also authorizes appropriations necessary for 
administering and enforcing the H-2A program.
    Sec. 203. Agency Roles and Responsibilities. Section 203(a) 
sets forth the Department of Labor's responsibilities in the H-
2A process. These responsibilities include consulting with 
State workforce agencies (SWAs) on processes related to the 
recruitment and protection of workers. The Department of Labor 
must also: (1) determine whether the employer has met the 
conditions for issuance of a labor certification, including 
whether the employer has complied or will comply with H-2A 
program requirements; (2) determine, in consultation with the 
Department of Agriculture, whether job opportunities are of a 
seasonal or temporary nature; and (3) process and investigate 
complaints. Finally, the Department of Labor must regularly 
update guidance to the SWAs to ensure that prevailing wage 
rates accomplish the statutory requirements and accurately 
reflect the wages paid for particular labor or services in 
specific crops throughout the season.
    Section 203(b) sets forth the Department of Homeland 
Security's responsibilities in the H-2A process. These 
responsibilities include: (1) adjudicating H-2A petitions, 
including the assessment of whether the beneficiary will be 
employed in accordance with the terms and conditions of the 
labor certification, (2) transmitting final decisions to the 
employer, (3) notifying the Department of State and U.S. 
Customs and Border Protection of petition approvals, and (4) 
providing H-2A workers with access to information about their 
status, including the status of petitions.
    Section 203(c) establishes an H-2A Labor Certification Fee 
Account, funded by H-2A program application fees and 
enforcement penalties, for use by the Department of Labor to 
carry out activities in connection with the labor certification 
process and the enforcement of the H-2A program. Account funds 
shall be provided by the Department of Labor to States for 
activities conducted by State workforce agencies in connection 
with the H-2A program. Funds are also made available to the 
Department of Labor's Office of Inspector General to conduct 
audits and investigations related to H-2A program compliance.
    Sec. 204. Worker Protection and Compliance. Section 204(a) 
provides that H-2A workers shall have the same rights and 
remedies as U.S. agricultural workers under Federal, State, and 
local labor laws.
    Section 204(b) ensures that H-2A workers are covered by the 
Migrant and Seasonal Agricultural Worker Protection Act (MSPA), 
and it prohibits any agreements to waive or modify any rights 
or protections provided by MSPA or the H-2A program. While the 
bill makes H-2A workers eligible for MSPA protection, it also 
provides for free mediation services to resolve disputes prior 
to litigation. As provided in the bill, if an H-2A worker files 
a civil lawsuit alleging one or more violations of the H-2A 
program, MSPA, or the Fair Labor Standards Act, either party to 
the lawsuit may, within 60 days of service of the complaint, 
request mediation. Upon such a request, the parties must 
attempt mediation for up to 90 days, except that the mediation 
period may be extended if both parties agree. The bill 
authorizes appropriations to support free mediation services, 
and it also allows for parties to use private mediators if all 
parties agree.
    Section 204(c) amends MSPA to better ensure compliance by 
farm labor contractors. First, the bill codifies the current 
regulatory requirement for farm labor contractors to maintain 
surety bonds, while also requiring the Department of Labor to 
annually set and publish surety bond schedules in an amount 
sufficient for farm labor contractors to discharge financial 
obligations based on the number of workers sought to be 
covered. MSPA is also amended to expressly allow the Department 
of Labor to revoke a farm labor contractor license based on the 
failure to maintain the required surety bond or on being 
disbarred from participating in the H-2A program. Finally, 
Section 204(c) further amends MSPA to better prevent violators 
with revoked licenses from serving as the actual successors in 
interest in another entity that seeks to obtain a license to 
continue contracting activities. The bill both: (1) requires 
applicants for licenses to disclose relationships with persons 
who have had licenses suspended or revoked, and (2) creates a 
rebuttable presumption that the applicant is not the real party 
in interest when the applicant is closely associated with such 
a person.
    Sec. 205. Report on Wage Protections. Section 205 requires 
the Departments of Labor and Agriculture to submit a report to 
Congress every three years on H-2A wage protections, including: 
whether the use of H-2A workers depresses the wages of U.S. 
workers; the impact of the AEWR on wages; factors that may 
artificially impact wage rates; and recommendations on whether 
there should be changes to wage methodologies in the H-2A 
program. In preparing these reports, the Departments of Labor 
and Agriculture must engage with agricultural stakeholders, 
including an equal number of employer representatives and 
worker representatives.
    Sec. 206. Portable H-2A Visa Pilot Program. Section 206 
requires the Department of Homeland Security, in consultation 
with the Departments of Labor and Agriculture, to establish 
through regulation a 6-year pilot program to facilitate the 
free movement and employment of temporary or seasonal H-2A 
workers (known herein as ``portable H-2A workers'') with 
registered agricultural employers. The Department of Homeland 
Security is authorized to set program rules and requirements 
for this special class of H-2A workers, consistent with the 
following:
           Employers that wish to participate in the 
        pilot program must register with the Department of 
        Homeland Security, which will maintain an online 
        platform to connect portable H-2A workers with 
        registered employers. Workers who have been previously 
        admitted in H-2A status, and maintained such status 
        during the period of admission, are eligible to apply 
        for portable H-2A status.
           Registered employers may employ portable H-
        2A workers at will and without filing an H-2A petition, 
        so long as the wage requirements that apply to H-2A 
        workers are met. Workers may work for any registered 
        employer during the period of admission, which shall be 
        for up to 3 years, and either party can terminate 
        employment at any time. Workers shall also have a 60-
        day grace period at the conclusion of employment to 
        secure new employment with a subsequent registered 
        employer.
           If the job opportunity is not covered or is 
        exempt from the State workers' compensation law, the 
        employer must provide commensurate insurance at no cost 
        to the worker.
           The total number of individuals who may hold 
        portable H-2A status at any one time may not exceed 
        10,000, except that the Department of Homeland Security 
        may further reduce this number if the Department 
        determines that there are an insufficient number of 
        registered employers or job opportunities to support 
        the employment of the full number of portable H-2A 
        workers. Moreover, no worker may be admitted in 
        portable H-2A status until the Department has 
        determined that a sufficient number of employers have 
        been registered to support a reasonable number of 
        portable H-2A workers to initiate the pilot program, 
        and no individual may initially be granted portable H-
        2A status without an offer of employment from a 
        registered employer.
In addition, the Department of Labor is responsible for 
enforcement of the pilot program's employment-related 
requirements, including conducting investigations and audits of 
employers to ensure compliance. And the Department of Homeland 
Security, in consultation with the Departments of Labor and 
Agriculture, must submit a report to Congress on the pilot 
program, including its impact on U.S. workers and recommended 
improvements, not later than six months before the end of the 
third fiscal year of the pilot program.
    Sec. 207. Improving Access to Permanent Residence. Section 
207 further accommodates the need for workers in year-round 
agriculture by adding 40,000 new immigrant visas to the 
employment-based third preference (EB-3) category for 
``unskilled'' labor. These additional immigrant visas are 
available for employer sponsorship of workers, except that H-2A 
workers may self-petition for one of these visas once they have 
worked in the United States in H-2A status for at least 10 
years (and for at least 100 days in each of those years). 
Preference for the additional 40,000 visas is given to 
agricultural employers seeking to petition for year-round 
workers and for H-2A workers who are eligible to self-petition. 
These visas are also not subject to the ``per country'' 
limitations described in section 202(a)(2) of the INA. Finally, 
H-2A workers are provided dual intent so that they do not 
become ineligible to remain in temporary status due solely to 
being the beneficiary of an immigrant visa petition.
    Subtitle B. Preservation and Construction of Farmworker 
Housing. Subtitle B improves the availability of farmworker and 
other rural housing, while lowering employer costs related to 
such housing.
    Sec. 220. Short Title. Section 220 sets forth the short 
title of Subtitle B as the ``Strategy and Investment in Rural 
Housing Preservation Act of 2019.''
    Sec. 221. Permanent Establishment of Housing Preservation 
and Revitalization Program. Section 221 amends the Housing Act 
of 1949 to establish a program to revitalize and preserve 
existing farmworker and rural housing financed under section 
515 (``515 housing''), or both sections 514 and 516 (``514/516 
housing''), of the Housing Act. Under the program, the 
Department of Agriculture may offer loan restructuring to 
owners of 515 or 514/516 housing to preserve and refurbish such 
properties. The Department may reduce or eliminate interest, 
defer payments, re-amortize existing debt, or provide other 
financial assistance. If the Department offers to restructure a 
loan, it shall also offer to renew for a 20-year term a rental 
assistance contract under section 521 of the Housing Act. 
Properties that obtain 20-year extensions of the rental 
assistance contract must agree to a restrictive use agreement 
that obligates the owner to continue operating the project as 
farmworker or rural housing as provided in the Housing Act.
    If the Department determines that a maturing loan cannot 
reasonably be restructured and the project was operating with 
rental assistance under section 521 of the Housing Act, the 
Department may nevertheless renew the rental assistance 
contract for a 10- to 20-year term so long as the owner agrees 
to continue operating the project as farmworker or rural 
housing. Owners of 515 or 514/516 housing whose loans have 
matured must give tenants 18 months prior to loan maturation or 
prepayment to transfer their rental assistance to another 
rental project. The bill also authorizes $200,000,000 in 
appropriations for each of FY 2020 through 2024 for such 
purposes.
    Sec. 222. Eligibility for Rural Housing Vouchers. Section 
222 amends section 542 of the Housing Act of 1949 to authorize 
the Department of Agriculture to provide rural housing vouchers 
to low income households residing in properties that are 
financed: (1) under sections 514 or 516 if such property is 
owned by a non-profit organization or public agency; or (2) 
with a loan made or insured under sections 514 or 515 that has 
been prepaid without restrictions, has been foreclosed, or has 
matured after September 30, 2005.
    Sec. 223. Amount of Voucher Assistance. Section 223 caps 
the value of a rural housing voucher in an amount equal to the 
greater of: (1) the difference between the fair market rental 
rate for the area in which the family is living and 30% of the 
family's monthly adjusted income; or (2) the difference between 
the rent of the dwelling unit in which the voucher recipient 
lives and 10% of the family's monthly gross income.
    Sec. 224. Rental Assistance Contract Authority. Section 224 
allows the owner of a project financed under section 514 or 515 
of the Housing Act to request renewal of a rental assistance 
contract for up to an additional 20 years. The bill also allows 
such an owner who terminates a rental assistance contract for a 
family (presumably because the family moves away or is no 
longer eligible) to make that assistance available for 6 months 
to another eligible family residing in the same rental unit or 
newly occupying a unit in the rental property.
    Sec. 225. Funding for Multifamily Technical Improvements. 
Section 225 authorizes an additional $50,000,000 in 
appropriations for FY 2020 for the Department of Agriculture to 
improve its technology for processing loans for and managing 
multifamily housing.
    Sec. 226. Plan for Preserving Affordability of Rental 
Projects. Section 226 requires the Department of Agriculture to 
submit a plan to Congress on the preservation of affordable 
housing financed under section 514 or 515 of the Housing Act. 
The bill also establishes an advisory committee, consisting of 
16 members representing a range of stakeholders in farming and 
rural communities, to assist the Department of Agriculture in 
managing its rural housing programs.
    Sec. 227. Covered Housing Programs. Section 227 amends the 
definition of ``covered housing program'' to clarify that 
recipients of rural development housing vouchers are also part 
of a covered housing program under the Housing Act.
    Sec. 228. New Farmworker Housing. Section 228 amends 
section 513 of the Housing Act to further incentivize the 
financing and construction of new farmworker housing. 
Specifically, section 228: (1) increases the Department of 
Agriculture's authority to insure loans made under section 514, 
up to an aggregate amount of $200,000,000 during each of FYs 
2020 through 2029; (2) triples funding for the section 514 loan 
program by authorizing $75,000,000 in appropriations for each 
of FYs 2020 through 2029; (3) triples funding for the section 
516 grant program by authorizing $30,000,000 in appropriations 
for each of FYs 2020 through 2029; and approximately doubles 
funding for section 521 rental assistance (or operating 
assistance) payments by authorizing $2.7 billion in 
appropriations for each of FYs 2020 through 2029.
    Sec. 229. Loan and Grant Limitations. Section 229 requires 
the Department of Agriculture's per project loan and grant 
limitation under sections 514 and 516 to be set at no lower 
than $5 million. The current per project loan and grant 
limitation is $3 million.
    Sec. 230. Operating Assistance Subsidies. Section 230 
authorizes operating assistance payments to owners of section 
514/516 housing that house H-2A workers. Payments are capped at 
50 percent of operating costs for the housing project, and the 
Department of Agriculture may only authorize such payments upon 
certification that: (1) the project was previously unoccupied 
or underutilized; and (2) provision of operating assistance 
will not displace domestic farm workers.
    Sec. 231. Eligibility of Certified Workers. Section 231 
makes holders of CAW status eligible for rental assistance 
under section 521 and housing vouchers under section 542 of the 
Housing Act of 1949.
    Subtitle C. Foreign Labor Recruiter Accountability.
    Sec. 251. Registration of Foreign Labor Recruiters. 
Sections 251(a) and (b) require the Department of Labor, in 
consultation with the Departments of State and Homeland 
Security, to set up an electronic registration process for 
foreign labor recruiters seeking to hire H-2A workers. The 
process shall include a mechanism for obtaining information 
about foreign labor recruiting activities from persons and 
entities seeking to register; maintaining surety bonds to 
protect workers, including by ensuring the ability of labor 
recruiters to discharge their financial responsibilities; 
renewing registrations; receiving information at diplomatic 
missions; receiving and processing complaints, conducting 
investigations, and assessing penalties; and consulting with 
other agencies when revocation might be necessary.
    Section 251(c) provides that foreign labor recruiters must 
attest to and abide by a series of requirements. Sections 
251(d) and (e) provide that a foreign labor recruiter 
registration shall be valid for 2 years, unless suspended or 
revoked. Foreign labor recruiters must pay a reasonable 
application fee for registration.
    Section 251(f) provides that at least once per year, an H-
2A employer must provide the Department of Labor with the names 
and addresses of all foreign labor recruiters engaged in 
recruiting activity on behalf of the employer and whether such 
persons are to receive compensation for such services. Such an 
employer must notify the Department of Labor if the employer 
has reason to believe that a foreign labor recruiter is 
violating this subtitle and must promptly respond to any 
Departmental request for information about a foreign labor 
recruiter with whom the employer has an agreement. Foreign 
labor recruiters must also annually notify the Department of 
Labor of the identity of its subcontractees, agents, and 
employees.
    Section 251(g) requires the Department of State, in 
consultation with the Department of Labor, to maintain publicly 
available lists of foreign labor recruiters with valid 
registrations and those with revoked registrations. The 
Department of State shall also ensure that: (1) diplomatic 
missions are staffed with persons responsible for receiving 
information regarding potential violations of this subtitle; 
(2) consular officers take steps during consular interviews to 
ensure that applicants for H-2A visas are accurately informed 
of the job opportunity and any other disclosures required by 
law, including by reviewing required disclosures with the visa 
applicants; and (3) information is made available online on the 
characteristics of H-2A workers.
    Sec. 252. Enforcement. Section 252(a) requires the 
Department of Labor to deny an application for registration, or 
to revoke registration, if it determines that a foreign labor 
recruiter, or an agent or subcontractee of such a recruiter, 
knowingly made a material misrepresentation in the registration 
application, materially failed to comply with an attestation 
required under section 251(c), or is not the real party in 
interest. Prior to such a denial, the Department of Labor must 
notify the foreign labor recruiter of the intent to deny or 
revoke the registration and provide the recruiter with at least 
60 days to respond. A foreign labor recruiter whose 
registration has been revoked may apply to reregister upon 
demonstrating that it has not violated this subtitle for 5 
years.
    Section 252(b) establishes a complaint process at the 
Department of Labor. Foreign labor recruiters found in 
violation of the subtitle may: (1) be fined not more than 
$10,000 per violation, or $25,000 per violation upon a third 
violation; (2) be ordered to forfeit or partially forfeit a 
surety bond; (3) have their registration revoked, or their 
renewal application denied; or (4) be disqualified for up to 
five years (or permanently disqualified with the subsequent 
finding involving willful or multiple material violations). The 
Department of Labor may also take other actions, including 
issuing subpoenas and seeking injunctive relief, to secure 
compliance with this subtitle. This subsection does not limit 
the Department of Labor's authority to conduct an investigation 
under any other law or in the absence of a complaint.
    Section 252(c) allows the Department of Labor or any 
aggrieved person to bring a civil action against a foreign 
labor recruiter that violates this subtitle or an employer that 
fails to use a registered recruiter. The reviewing court may 
award actual damages and statutory damages up to $1,000 per 
plaintiff per violation, equitable relief, attorneys' fees and 
costs, and other relief as necessary. Damages recovered by the 
Department of Labor shall be deposited in a separate Treasury 
account. Amounts deposited in this fund shall be paid directly 
to affected workers, except that remaining funds shall be 
remain available to the Department of Labor, and may be 
transferred to other agencies to support the enforcement of 
anti-trafficking laws.
    Section 252(d) provides a safe harbor for employers that 
use foreign labor recruiters registered under this section. 
Employers that utilize registered recruiters will not be held 
jointly liable in administrative or judicial proceedings for 
violations committed solely by the recruiter. Employers, 
however, may be liable if they employed a recruiter without a 
valid registration at the time of hire or the employer knew or 
learned of a violation and failed to report it to the 
Department of Labor.
    Section 252(e) authorizes the Department of Homeland 
Security to grant parole to individuals to participate in 
administrative or judicial proceedings against foreign labor 
recruiters.
    Section 252(f) voids agreements by employers purporting to 
waive or modify rights under this subtitle.
    Section 252(g) clarifies that foreign labor recruiters are 
liable for violations committed by agents or subcontractees at 
any level in relation to the foreign labor recruiting activity 
to the same extent as if the foreign labor recruiter had 
committed the violation.
    Sec. 253. Appropriations. Section 253 authorizes necessary 
appropriations to implement this subtitle.
    Sec. 254. Definitions. Section 254 defines the following 
terms: foreign labor recruiter; foreign labor recruiting 
activity; recruitment fees; and person.
    Title III. Electronic Verification of the Agricultural 
Workforce. Title III phases in mandatory use of an electronic 
employment eligibility verification system, patterned on E-
Verify, for agricultural employment, but only after the reforms 
in Titles I and II have been implemented. Title III also 
includes necessary due process protections for authorized 
workers who are incorrectly rejected by the system to challenge 
such determinations. This serves as the last necessary piece to 
ensure a legal workforce for the agricultural sector.
    Sec. 301. Electronic Employment Eligibility Verification 
System. Section 301 amends chapter 8 of title II of the INA by 
inserting after section 274D a new section 274E:
    New Section 274E(a) requires the Department of Homeland 
Security to establish an electronic employment eligibility 
verification system (the ``System'') patterned on E-Verify for: 
(1) checking identity and employment authorization; and (2) 
maintaining records of past inquiries and whether identity and 
employment authorization were confirmed. Such System shall: (1) 
provide a confirmation or tentative nonconfirmation (TNC) of 
identity and employment authorization not later than 3 days 
after the initial inquiry; (2) be designed to maximize 
reliability and accessibility across devices and in remote 
locations; and (3) include safeguards to prevent misuse, data 
and identity theft, fraud, and violations of privacy.
    New Section 274E(a)(4) requires the System to include 
various features that prevent identity theft and fraud. The 
System shall include a photo matching tool, a mechanism to 
permit individuals to monitor and suspend the use of their 
social security numbers in the System, and a process to block 
misused social security numbers. The Department of Homeland 
Security shall establish a pilot program that allows parents or 
legal guardians to suspend use of a child's social security 
number in the System.
    New Section 274E(a)(5) sets forth the responsibilities of 
the Social Security Administration with respect to the System. 
The Social Security Administration is primarily tasked with 
comparing information submitted in a System inquiry against 
information maintained by the Social Security Administration.
    New Section 274E(a)(6) sets forth the responsibilities of 
the Department of Homeland Security with respect to the System. 
The Department of Homeland Security is primarily tasked with 
comparing information submitted in a System inquiry against 
information maintained by the Department. The Department of 
Homeland Security must also: (1) provide and regularly update 
System training materials; (2) periodically conduct audits of 
the System to detect and prevent violations; and (3) 
appropriately notify System users of any changes to the System 
or its use.
    New Section 274E(a)(7) sets forth the responsibilities of 
the Department of State with respect to the System. The 
Department of State is primarily tasked with comparing 
information submitted in a System inquiry, particularly when 
passport or visa information is used, against information 
maintained by the Department of State.
    New Section 274E(a)(8) requires the Social Security 
Administration, the Department of Homeland Security, and the 
Department of State to: (1) update individual records in their 
custody to ensure maximum accuracy of the System, and (2) 
provide a process to correct erroneous information.
    New Section 274E(a)(9) clarifies that nothing in this 
section should be construed as mandating use of the System, 
unless such use is otherwise required under Federal or State 
law.
    New Section 274E(a)(10) states that no fee may be charged 
to use the System.
    New Section 274E(b) sets forth the employment eligibility 
verification process for employers that utilize the System, as 
follows:
           An individual who has accepted an offer of 
        employment must attest to employment authorization and 
        provide a social security number (or proof that the 
        individual has applied for a social security number). 
        If the individual does not attest to U.S. citizenship 
        or nationality, the individual must also provide an 
        identification or other authorization number as 
        provided by the Department of Homeland Security.
           The employer must then attest that it has 
        verified that the individual is not unauthorized by 
        examining acceptable documents confirming the 
        individual's identity and employment authorization. The 
        bill requires the individual to present the employer 
        with either: (1) one document listed in New Section 
        274E(b)(3)(A), which lists documents acceptable for 
        establishing both identity and employment 
        authorization; or (2) one document listed in New 
        Section 274E(b)(3)(B), which lists documents acceptable 
        for establishing employment authorization, and one 
        document listed in New Section 274E(b)(3)(C), which 
        lists documents acceptable for establishing identity. 
        The Department of Homeland Security is also authorized 
        to prohibit or place conditions on any document or 
        class of documents if it finds that such document or 
        documents are unreliable or being used fraudulently to 
        an unacceptable degree.
           Upon examining the document or documents 
        presented by the individual, the employer must then 
        submit an inquiry through the System to seek 
        verification of the individual's identity and 
        employment authorization. The employer is generally 
        required to submit this inquiry during the period 
        beginning on the date of hire and ending three business 
        days later.
           Confirmation. If the System issues a 
        confirmation of identity and employment authorization, 
        the employer may continue employing the individual.
           Tentative nonconfirmation (TNC). If the 
        System generates a TNC, the employer must provide 
        notice to the individual that explains the individual's 
        right to contest the TNC within 10 business days. A TNC 
        becomes final if the individual refuses to acknowledge 
        receipt of such notice, elects not to contest the TNC, 
        or fails to contest the TNC within 10 business days. An 
        individual who contests a TNC cannot be terminated 
        unless and until a final nonconfirmation is issued. The 
        Department of Homeland Security must make a final 
        determination not later than 30 days after the date 
        that the Department receives notice from the individual 
        contesting the TNC.
           Final nonconfirmation (FNC). If the System 
        generates an FNC, the employer must notify the 
        individual within three business days of receipt of the 
        FNC, and the employer may terminate the individual. If 
        the employer does not terminate the individual, it must 
        so notify the Department of Homeland Security. The 
        individual may appeal an FNC through procedures 
        developed by the Department of Homeland Security. If 
        the FNC was due to government error, the worker may be 
        compensated for lost wages. Such wages shall be paid 
        through the collection of penalties assessed against 
        employers for violations of this section.
           Employers are required to retain 
        verification records beginning on the date the 
        verification is completed and ending on the later of 
        three years after the date of hire or one year after 
        the date the individual's employment is terminated.
    New Section 274E(c) limits re-verification of existing 
employees to: (1) individuals with a limited period of work 
authorization; and (2) individuals who are using a Social 
Security Number identified by the Department of Homeland 
Security as subject to potential misuse. Employers are required 
to retain reverification records beginning on the date the 
reverification commences and ending on the later of three years 
after the date of reverification or one year after the date the 
individual's employment is terminated.
    New Section 274E(d) deems employers compliant with the 
System if they made a good faith attempt to comply, even if a 
technical or procedural failure prevented them from doing so. 
The good faith presumption does not apply if: (1) the failure 
is not de minimis; (2) the Department of Homeland Security 
provides notice of the failure to the employer; and (3) the 
employer fails to voluntarily correct the failure within a 30-
day period beginning on the date of notification. The 
presumption also does not apply if the employer has engaged in 
a pattern or practice of violations. An employer that relies in 
good faith on the System in taking an employment-related action 
shall not be liable in any action by the employee or the 
Federal, State, or local government.
    New Section 274E(e) clarifies that the bill does not 
authorize: (1) the creation of a national identification card, 
or (2) use of the System for anything other than verification 
of employment authorization.
    New Sections 274E(f) sets forth the civil penalties for 
violations by employers subject to this Title. Such penalties 
for violations regarding hiring, recruiting or referring for a 
fee are: (1) $2,500 to $5,000 per unauthorized individual; (2) 
$5,000 to $10,000 if the employer previously received one cease 
and desist order; or (3) $10,000 to $25,000 if the employer 
previously received more than one such order. Penalties for 
failing to comply with the verification requirements in general 
range from $1,000 to $25,000 for each violation.
    Penalties may be waived or reduced if the violator acted in 
good faith, and, in assessing penalties, consideration shall be 
given to the size of the business, the severity of the 
violation, whether the individual was an unauthorized alien, 
and the history of previous violations. Criminal penalties may 
also be imposed against employers that engage in a pattern or 
practice of violations. Penalties collected under this 
subsection are made available to compensate individuals for 
lost wages as a result of erroneous FNCs issued by the System. 
Repeat violators, and employers convicted of a crime under 
section 274A of the INA, may be debarred from receipt of 
Federal contracts, grants, or cooperative agreements. Finally, 
the bill preempts State or local laws relating to the hiring or 
employment of individuals, except that States and localities 
may continue to exercise authority over business licenses and 
similar laws as a penalty for failure to use the System as 
required.
    New Section 274E(g) establishes the unfair immigration-
related employment practices with respect to the use of the 
System. Such employment practices include: (1) screening 
applicants prior to the date of hire; (2) terminating 
employment due to the issuance of a TNC; (3) using the System 
for any purpose other than confirming employment authorization; 
(4) using the System to reverify a current employee other than 
as allowed in this section; (5) using the System to 
discriminate based on national origin or citizenship status; 
(6) willfully failing to provide individuals with notice as 
required under this section; (7) requiring individuals to use 
the self-verification procedures as a condition of employment; 
and (8) terminating or taking other adverse employment action 
with respect to an individual based on the need to verify that 
individual. Penalties for unfair immigration-related employment 
practices are: (1) $1,000 to $4,000 for each individual 
discriminated against; (2) $4,000 to $10,000 if the employer 
was previously subject to one order; and (3) $6,000 to $20,000 
if the employer was previously subject to multiple orders. 
Collected penalties are deposited into an account for the 
purpose of compensating individuals for lost wages based on the 
erroneous issuance of a final nonconfirmation due to government 
error or omission.
    New Section 274E(h) clarifies that all rights and remedies 
available under Federal, State, or local law remain available 
to an employee despite the employee's status as an unauthorized 
alien or the employer or employee's failure to comply with the 
requirements of this section.
    New Section 274E(i) defines the term date of hire as the 
date on which employment for pay or other remuneration 
commences.
    Sec. 302. Mandatory Electronic Verification for the 
Agricultural Industry. Section 302(a) makes use of the System 
mandatory for agricultural employers as defined in Section 
302(e). Section 302(b) sets forth the dates by which 
agricultural employers must use the System based on workforce 
size: employers with 500 or more employees must use the System 
within 6 months after the completion of the application period 
for CAW status; within 9 months for employers with 100 to 499 
employees; within 12 months for employers with 20 to 99 
employees; and within 15 months for all other employers. 
Entities that recruit or refer farm workers for a fee must use 
the System within 12 months after the completion of the CAW 
application period.
    Section 302(c) requires the Department of Homeland Security 
and the Social Security Administration to coordinate with the 
Department of Agriculture to create an alternative process for 
an individual to contest a TNC by appearing in-person at a 
local office or service center of the Department of 
Agriculture, or at a local office of the Social Security 
Administration. The Department of Homeland Security and the 
Social Security Administration shall ensure that such local 
offices are sufficiently staffed and resourced to provide such 
services. There is no intent to shift responsibilities related 
to the System to the Department of Agriculture; those are 
intended to remain with the Department of Homeland Security and 
the Social Security Administration. The agencies are expected 
to cooperate to ensure that this provision does not inhibit the 
ability of the Department of Agriculture to fulfill its primary 
missions.
    Section 302(d) requires the Department of Homeland Security 
to recognize documentary evidence of CAW status as valid proof 
of employment authorization and identity for purposes of 
employment verification.
    Section 302(e) defines ``agricultural employment'' to mean 
agricultural labor or services as defined for purposes of the 
H-2A program. This definition is not intended to impose the 
requirements of this section on any entity that does not employ 
workers for such agricultural labor or services, including 
entities that are members of associations or cooperatives with 
other entities that do employ such workers.
    Sec. 303. Coordination With E-Verify Program. Section 303 
repeals the provisions of the Illegal Immigration Reform and 
Immigrant Responsibility Act that established the employment 
eligibility verification pilot programs. This section also 
includes technical amendments to ensure that current E-Verify 
users are transitioned to the System.
    Sec. 304. Fraud and Misuse of Documents. Section 304 amends 
18 U.S.C. 1546(b) to clarify that fines or a term of 
imprisonment up to five years may be imposed for use of false 
documents to satisfy the employment eligibility verification 
requirements under this title.
    Sec. 305. Technical and Conforming Amendments. Section 305 
provides technical and conforming amendments to sections 274A 
and 274B of the INA.
    Sec. 306. Protection of Social Security Administration 
Programs. Section 306 requires the Department of Homeland 
Security and the Social Security Administration to enter into 
an agreement to provide the Social Security Administration with 
the funds needed to carry out its responsibilities under this 
title. The Social Security Administration is also required to 
provide an annual accounting and cost reconciliation for review 
by the Inspectors General of the Social Security Administration 
and the Department of Homeland Security.
    Sec. 307. Report on the Implementation of the Verification 
System. Section 307 requires annual reporting on the System, to 
start within 24 months of implementation.
    Sec. 308. Modernizing and Streamlining the Employment 
Eligibility Verification Process. Section 308 requires the 
Department of Homeland Security to submit a plan to Congress, 
12 months after enactment, to modernize the System and the 
employment eligibility verification process, including 
procedures to allow employers to verify remote hires and to 
complete the process without also having to complete the 
current, paper-based Form I-9 process.
    Sec. 309. Rulemaking and Paperwork Reduction Act. Section 
309 requires the Department of Homeland Security to propose 
rules not later than 180 days prior to the end of the 
application period for CAW status, and to finalize the rules 
not later than 180 days later.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, H.R. 5038, as reported, are shown as follows:

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                          SOCIAL SECURITY ACT




           *       *       *       *       *       *       *
TITLE II--FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE BENEFITS

           *       *       *       *       *       *       *



                               penalties

  Sec. 208. (a) Whoever--
          (1) for the purpose of causing an increase in any 
        payment authorized to be made under this title, or for 
        the purpose of causing any payment to be made where no 
        payment is authorized under this title, shall make or 
        cause to be made any false statement or representation 
        (including any false statement or representation in 
        connection with any matter arising under subchapter E 
        of chapter 1, or subchapter A or E of chapter 9 of the 
        Internal Revenue Code of 1939, or chapter 2 or 21 or 
        subtitle F of the Internal Revenue Code of 1954) as 
        to--
                  (A) whether wages were paid or received for 
                employment (as said terms are defined in this 
                title and the Internal Revenue Code), or the 
                amount of wages or the period during which paid 
                or the person to whom paid; or
                  (B) whether net earnings from self-employment 
                (as such term is defined in this title and in 
                the Internal Revenue Code) were derived, or as 
                to the amount of such net earnings or the 
                period during which or the person by whom 
                derived; or
                  (C) whether a person entitled to benefits 
                under this title had earnings in or for a 
                particular period (as determined under section 
                203(f) of this title for purposes of deductions 
                from benefits), or as to the amount thereof; or
          (2) makes or causes to be made any false statement or 
        representation of a material fact in any application 
        for any payment or for a disability determination under 
        this title; or
          (3) at any time makes or causes to be made any false 
        statement or representation of a material fact for use 
        in determining rights to payment under this title; or
          (4) having knowledge of the occurrence of any event 
        affecting (1) his initial or continued right to any 
        payment under this title, or (2) the initial or 
        continued right to any payment of any other individual 
        in whose behalf he has applied for or is receiving such 
        payment, conceals or fails to disclose such event with 
        an intent fraudulently to secure payment either in a 
        greater amount than is due or when no payment is 
        authorized; or
          (5) having made application to receive payment under 
        this title for the use and benefit of another and 
        having received such a payment, knowingly and willfully 
        converts such a payment, or any part thereof, to a use 
        other than for the use and benefit of such other 
        person; or
          (6) willfully, knowingly, and with intent to deceive 
        the Commissioner of Social Security as to his true 
        identity (or the true identity of any other person) 
        furnishes or causes to be furnished false information 
        to the Commissioner of Social Security with respect to 
        any information required by the Commissioner of Social 
        Security in connection with the establishment and 
        maintenance of the records provided for in section 
        205(c)(2); or
          (7) for the purpose of causing an increase in any 
        payment authorized under this title (or any other 
        program financed in whole or in part from Federal 
        funds), or for the purpose of causing a payment under 
        this title (or any such other program) to be made when 
        no payment is authorized thereunder, or for the purpose 
        of obtaining (for himself or any other person) any 
        payment or any other benefit to which he (or such other 
        person) is not entitled, or for the purpose of 
        obtaining anything of value from any person, or for any 
        other purpose--
                  (A) willfully, knowingly, and with intent to 
                deceive, uses a social security account number, 
                assigned by the Commissioner of Social Security 
                (in the exercise of the Commissioner's 
                authority under section 205(c)(2) to establish 
                and maintain records) on the basis of false 
                information furnished to the Commissioner of 
                Social Security by him or by any other person; 
                or
                  (B) with intent to deceive, falsely 
                represents a number to be the social security 
                account number assigned by the Commissioner of 
                Social Security to him or to another person, 
                when in fact such number is not the social 
                security account number assigned by the 
                Commissioner of Social Security to him or to 
                such other person; or
                  (C) knowingly alters a social security card 
                issued by the Commissioner of Social Security, 
                buys or sells a card that is, or purports to 
                be, a card so issued, counterfeits a social 
                security card, or possesses a social security 
                card or counterfeit social security card with 
                intent to sell or alter it;
          (8) discloses, uses, or compels the disclosure of the 
        social security number of any person in violation of 
        the laws of the United States; or
          (9) conspires to commit any offense described in any 
        of paragraphs (1) through (4),
shall be guilty of a felony and upon conviction thereof shall 
be fined under title 18, United States Code, or imprisoned for 
not more than five years, or both, except that in the case of a 
person who receives a fee or other income for services 
performed in connection with any determination with respect to 
benefits under this title (including a claimant representative, 
translator, or current or former employee of the Social 
Security Administration), or who is a physician or other health 
care provider who submits, or causes the submission of, medical 
or other evidence in connection with any such determination, 
such person shall be guilty of a felony and upon conviction 
thereof shall be fined under title 18, United States Code, or 
imprisoned for not more than ten years, or both.
  (b)(1) Any Federal court, when sentencing a defendant 
convicted of an offense under subsection (a), may order, in 
addition to or in lieu of any other penalty authorized by law, 
that the defendant make restitution to the victims of such 
offense specified in paragraph (4).
  (2) Sections 3612, 3663, and 3664 of title 18, United States 
Code, shall apply with respect to the issuance and enforcement 
of orders of restitution to victims of such offense under this 
subsection.
  (3) If the court does not order restitution, or orders only 
partial restitution, under this subsection, the court shall 
state on the record the reasons therefor.
  (4) For purposes of paragraphs (1) and (2), the victims of an 
offense under subsection (a) are the following:
          (A) Any individual who suffers a financial loss as a 
        result of the defendant's violation of subsection (a).
          (B) The Commissioner of Social Security, to the 
        extent that the defendant's violation of subsection (a) 
        results in--
                  (i) the Commissioner of Social Security 
                making a benefit payment that should not have 
                been made; or
                  (ii) an individual suffering a financial loss 
                due to the defendant's violation of subsection 
                (a) in his or her capacity as the individual's 
                representative payee appointed pursuant to 
                section 205(j).
  (5)(A) Except as provided in subparagraph (B), funds paid to 
the Commissioner of Social Security as restitution pursuant to 
a court order shall be deposited in the Federal Old-Age and 
Survivors Insurance Trust Fund, or the Federal Disability 
Insurance Trust Fund, as appropriate.
  (B) In the case of funds paid to the Commissioner of Social 
Security pursuant to paragraph (4)(B)(ii), the Commissioner of 
Social Security shall certify for payment to the individual 
described in such paragraph an amount equal to the lesser of 
the amount of the funds so paid or the individual's outstanding 
financial loss, except that such amount may be reduced by the 
amount of any overpayments of benefits owed under this title, 
title VIII, or title XVI by the individual.
  (c) Any person or other entity who is convicted of a 
violation of any of the provisions of this section, if such 
violation is committed by such person or entity in his role as, 
or in applying to become, a certified payee under section 
205(j) on behalf of another individual (other than such 
person's spouse), upon his second or any subsequent such 
conviction shall, in lieu of the penalty set forth in the 
preceding provisions of this section, be guilty of a felony and 
shall be fined under title 18, United States Code, or 
imprisoned for not more than five years, or both.
  (d) Any individual or entity convicted of a felony under this 
section or under section 1632(b) may not be certified as a 
payee under section 205(j). For the purpose of subsection 
(a)(7), the terms ``social security number'' and ``social 
security account number'' mean such numbers as are assigned by 
the Commissioner of Social Security under section 205(c)(2) 
whether or not, in actual use, such numbers are called social 
security numbers.
  (e)(1) Except as provided in paragraph (2), an alien--
          (A) whose status is adjusted to that of lawful 
        temporary resident under section 210 or 245A of the 
        Immigration and Nationality Act or under section 902 of 
        the Foreign Relations Authorization Act, Fiscal Years 
        1988 and 1989,
          (B) whose status is adjusted to that of permanent 
        resident--
                  (i) under section 202 of the Immigration 
                Reform and Control Act of 1986, or
                  (ii) pursuant to section 249 of the 
                Immigration and Nationality Act, [or]
          (C) who is granted special immigrant status under 
        section 101(a)(27)(I) of the Immigration and 
        Nationality Act, or
          (D) who is granted certified agricultural worker 
        status, certified agricultural dependent status, or 
        lawful permanent resident status under title I of the 
        Farm Work Modernization Act of 2019,
shall not be subject to prosecution for any alleged conduct 
described in paragraph (6) or (7) of subsection (a) if such 
conduct is alleged to have occurred prior to 60 days after the 
date of the enactment of the Omnibus Budget Reconciliation Act 
of [1990.] 1990, or in the case of an alien described in 
subparagraph (D), 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 2019.
  (2) Paragraph (1) shall not apply with respect to conduct 
(described in subsection (a)(7)(C)) consisting of--
          (A) selling a card that is, or purports to be, a 
        social security card issued by the Commissioner of 
        Social Security,
          (B) possessing a social security card with intent to 
        sell it, or
          (C) counterfeiting a social security card with intent 
        to sell it.
  (3) Paragraph (1) shall not apply with respect to any 
criminal conduct involving both the conduct described in 
subsection (a)(7) to which paragraph (1) applies and any other 
criminal conduct if such other conduct would be criminal 
conduct if the conduct described in subsection (a)(7) were not 
committed.

           *       *       *       *       *       *       *

                              ----------                              


                    IMMIGRATION AND NATIONALITY ACT

   Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act, divided into titles, chapters, and sections according to 
the following table of contents, may be cited as the 
``Immigration and Nationality Act''.

                            TABLE OF CONTENTS

                            Title I--General

Sec. 101. Definitions.
     * * * * * * *

                  chapter 8--general penalty provisions

     * * * * * * *
Sec. 274E. Requirements for the electronic verification of employment 
          eligibility.

           *       *       *       *       *       *       *


                         TITLE II--IMMIGRATION

Chapter 1--Selection System

           *       *       *       *       *       *       *


  Sec. 201. (a) In General.--Exclusive of aliens described in 
subsection (b), aliens born in a foreign state or dependent 
area who may be issued immigrant visas or who may otherwise 
acquire the status of an alien lawfully admitted to the United 
States for permanent residence are limited to--
          (1) family-sponsored immigrants described in section 
        203(a) (or who are admitted under section 211(a) on the 
        basis of a prior issuance of a visa to their 
        accompanying parent under section 203(a)) in a number 
        not to exceed in any fiscal year the number specified 
        in subsection (c) for that year, and not to exceed in 
        any of the first 3 quarters of any fiscal year 27 
        percent of the worldwide level under such subsection 
        for all of such fiscal year;
          (2) employment-based immigrants described in section 
        203(b) (or who are admitted under section 211(a) on the 
        basis of a prior issuance of a visa to their 
        accompanying parent under section 203(b)), in a number 
        not to exceed in any fiscal year the number specified 
        in subsection (d) for that year, and not to exceed in 
        any of the first 3 quarters of any fiscal year 27 
        percent of the worldwide level under such subsection 
        for all of such fiscal year; and
          (3) for fiscal years beginning with fiscal year 1995, 
        diversity immigrants described in section 203(c) (or 
        who are admitted under section 211(a) on the basis of a 
        prior issuance of a visa to their accompanying parent 
        under section 203(c)) in a number not to exceed in any 
        fiscal year the number specified in subsection (e) for 
        that year, and not to exceed in any of the first 3 
        quarters of any fiscal year 27 percent of the worldwide 
        level under such subsection for all of such fiscal 
        year.
  (b) Aliens Not Subject to Direct Numerical Limitations.--
Aliens described in this subsection, who are not subject to the 
worldwide levels or numerical limitations of subsection (a), 
are as follows:
          (1)(A) Special immigrants described in subparagraph 
        (A) or (B) of section 101(a)(27).
          (B) Aliens who are admitted under section 207 or 
        whose status is adjusted under section 209.
          (C) Aliens whose status is adjusted to permanent 
        residence under section 210 or 245A.
          (D) Aliens whose removal is cancelled under section 
        240A(a).
          (E) Aliens provided permanent resident status under 
        section 249.
          (2)(A)(i) Immediate relatives.--For purposes of this 
        subsection, the term ``immediate relatives'' means the 
        children, spouses, and parents of a citizen of the 
        United States, except that, in the case of parents, 
        such citizens shall be at least 21 years of age. In the 
        case of an alien who was the spouse of a citizen of the 
        United States and was not legally separated from the 
        citizen at the time of the citizen's death, the alien 
        (and each child of the alien) shall be considered, for 
        purposes of this subsection, to remain an immediate 
        relative after the date of the citizen's death but only 
        if the spouse files a petition under section 
        204(a)(1)(A)(ii) within 2 years after such date and 
        only until the date the spouse remarries. For purposes 
        of this clause, an alien who has filed a petition under 
        clause (iii) or (iv) of section 204(a)(1)(A) of this 
        Act remains an immediate relative in the event that the 
        United States citizen spouse or parent loses United 
        States citizenship on account of the abuse.
          (ii) Aliens admitted under section 211(a) on the 
        basis of a prior issuance of a visa to their 
        accompanying parent who is such an immediate relative.
          (B) Aliens born to an alien lawfully admitted for 
        permanent residence during a temporary visit abroad.
  (c) Worldwide Level of Family-Sponsored Immigrants.--(1)(A) 
The worldwide level of family-sponsored immigrants under this 
subsection for a fiscal year is, subject to subparagraph (B), 
equal to--
          (i) 480,000, minus
          (ii) the sum of the number computed under paragraph 
        (2) and the number computed under paragraph (4), plus
          (iii) the number (if any) computed under paragraph 
        (3).
  (B)(i) For each of fiscal years 1992, 1993, and 1994, 465,000 
shall be substituted for 480,000 in subparagraph (A)(i).
  (ii) In no case shall the number computed under subparagraph 
(A) be less than 226,000.
  (2) The number computed under this paragraph for a fiscal 
year is the sum of the number of aliens described in 
subparagraphs (A) and (B) of subsection (b)(2) who were issued 
immigrant visas or who otherwise acquired the status of aliens 
lawfully admitted to the United States for permanent residence 
in the previous fiscal year.
  (3)(A) The number computed under this paragraph for fiscal 
year 1992 is zero.
  (B) The number computed under this paragraph for fiscal year 
1993 is the difference (if any) between the worldwide level 
established under paragraph (1) for the previous fiscal year 
and the number of visas issued under section 203(a) during that 
fiscal year.
  (C) The number computed under this paragraph for a subsequent 
fiscal year is the difference (if any) between the maximum 
number of visas which may be issued under section 203(b) 
(relating to employment-based immigrants) during the previous 
fiscal year and the number of visas issued under that section 
during that year.
  (4) The number computed under this paragraph for a fiscal 
year (beginning with fiscal year 1999) is the number of aliens 
who were paroled into the United States under section 212(d)(5) 
in the second preceding fiscal year--
          (A) who did not depart from the United States 
        (without advance parole) within 365 days; and
          (B) who (i) did not acquire the status of aliens 
        lawfully admitted to the United States for permanent 
        residence in the two preceding fiscal years, or (ii) 
        acquired such status in such years under a provision of 
        law (other than section 201(b)) which exempts such 
        adjustment from the numerical limitation on the 
        worldwide level of immigration under this section.
  (5) If any alien described in paragraph (4) (other than an 
alien described in paragraph (4)(B)(ii)) is subsequently 
admitted as an alien lawfully admitted for permanent residence, 
such alien shall not again be considered for purposes of 
paragraph (1).
  (d) Worldwide Level of Employment-Based Immigrants.--(1) The 
worldwide level of employment-based immigrants under this 
subsection for a fiscal year is equal to--
          (A) [140,000] 180,000, plus
          (B) the number computed under paragraph (2).
  (2)(A) The number computed under this paragraph for fiscal 
year 1992 is zero.
  (B) The number computed under this paragraph for fiscal year 
1993 is the difference (if any) between the worldwide level 
established under paragraph (1) for the previous fiscal year 
and the number of visas issued under section 203(b) during that 
fiscal year.
  (C) The number computed under this paragraph for a subsequent 
fiscal year is the difference (if any) between the maximum 
number of visas which may be issued under section 203(a) 
(relating to family-sponsored immigrants) during the previous 
fiscal year and the number of visas issued under that section 
during that year.
  (e) Worldwide Level of Diversity Immigrants.--The worldwide 
level of diversity immigrants is equal to 55,000 for each 
fiscal year.
  (f) Rules for Determining Whether Certain Aliens Are 
Immediate Relatives.--
          (1) Age on petition filing date.--Except as provided 
        in paragraphs (2) and (3), for purposes of subsection 
        (b)(2)(A)(i), a determination of whether an alien 
        satisfies the age requirement in the matter preceding 
        subparagraph (A) of section 101(b)(1) shall be made 
        using the age of the alien on the date on which the 
        petition is filed with the Attorney General under 
        section 204 to classify the alien as an immediate 
        relative under subsection (b)(2)(A)(i).
          (2) Age on parent's naturalization date.--In the case 
        of a petition under section 204 initially filed for an 
        alien child's classification as a family-sponsored 
        immigrant under section 203(a)(2)(A), based on the 
        child's parent being lawfully admitted for permanent 
        residence, if the petition is later converted, due to 
        the naturalization of the parent, to a petition to 
        classify the alien as an immediate relative under 
        subsection (b)(2)(A)(i), the determination described in 
        paragraph (1) shall be made using the age of the alien 
        on the date of the parent's naturalization.
          (3) Age on marriage termination date.--In the case of 
        a petition under section 204 initially filed for an 
        alien's classification as a family-sponsored immigrant 
        under section 203(a)(3), based on the alien's being a 
        married son or daughter of a citizen, if the petition 
        is later converted, due to the legal termination of the 
        alien's marriage, to a petition to classify the alien 
        as an immediate relative under subsection (b)(2)(A)(i) 
        or as an unmarried son or daughter of a citizen under 
        section 203(a)(1), the determination described in 
        paragraph (1) shall be made using the age of the alien 
        on the date of the termination of the marriage.
          (4) Application to self-petitions.--Paragraphs (1) 
        through (3) shall apply to self-petitioners and 
        derivatives of self-petitioners.

           *       *       *       *       *       *       *


                     allocation of immigrant visas

  Sec. 203. (a) Preference Allocation for Family-Sponsored 
Immigrants.--Aliens subject to the worldwide level specified in 
section 201(c) for family-sponsored immigrants shall be 
allotted visas as follows:
          (1) Unmarried sons and daughters of citizens.--
        Qualified immigrants who are the unmarried sons or 
        daughters of citizens of the United States shall be 
        allocated visas in a number not to exceed 23,400, plus 
        any visas not required for the class specified in 
        paragraph (4).
          (2) Spouses and unmarried sons and unmarried 
        daughters of permanent resident aliens.--Qualified 
        immigrants--
                  (A) who are the spouses or children of an 
                alien lawfully admitted for permanent 
                residence, or
                  (B) who are the unmarried sons or unmarried 
                daughters (but are not the children) of an 
                alien lawfully admitted for permanent 
                residence,
        shall be allocated visas in a number not to exceed 
        114,200, plus the number (if any) by which such 
        worldwide level exceeds 226,000, plus any visas not 
        required for the class specified in paragraph (1); 
        except that not less than 77 percent of such visa 
        numbers shall be allocated to aliens described in 
        subparagraph (A).
          (3) Married sons and married daughters of citizens.--
        Qualified immigrants who are the married sons or 
        married daughters of citizens of the United States 
        shall be allocated visas in a number not to exceed 
        23,400, plus any visas not required for the classes 
        specified in paragraphs (1) and (2).
          (4) Brothers and sisters of citizens.--Qualified 
        immigrants who are the brothers or sisters of citizens 
        of the United States, if such citizens are at least 21 
        years of age, shall be allocated visas in a number not 
        to exceed 65,000, plus any visas not required for the 
        classes specified in paragraphs (1) through (3).
  (b) Preference Allocation for Employment-Based Immigrants.--
Aliens subject to the worldwide level specified in section 
201(d) for employment-based immigrants in a fiscal year shall 
be allotted visas as follows:
          (1) Priority workers.--Visas shall first be made 
        available in a number not to exceed [28.6 percent of 
        such worldwide level] 40,040, plus any visas not 
        required for the classes specified in paragraphs (4) 
        and (5), to qualified immigrants who are aliens 
        described in any of the following subparagraphs (A) 
        through (C):
                  (A) Aliens with extraordinary ability.--An 
                alien is described in this subparagraph if--
                          (i) the alien has extraordinary 
                        ability in the sciences, arts, 
                        education, business, or athletics which 
                        has been demonstrated by sustained 
                        national or international acclaim and 
                        whose achievements have been recognized 
                        in the field through extensive 
                        documentation,
                          (ii) the alien seeks to enter the 
                        United States to continue work in the 
                        area of extraordinary ability, and
                          (iii) the alien's entry into the 
                        United States will substantially 
                        benefit prospectively the United 
                        States.
                  (B) Outstanding professors and researchers.--
                An alien is described in this subparagraph if--
                          (i) the alien is recognized 
                        internationally as outstanding in a 
                        specific academic area,
                          (ii) the alien has at least 3 years 
                        of experience in teaching or research 
                        in the academic area, and
                          (iii) the alien seeks to enter the 
                        United States--
                                  (I) for a tenured position 
                                (or tenure-track position) 
                                within a university or 
                                institution of higher education 
                                to teach in the academic area,
                                  (II) for a comparable 
                                position with a university or 
                                institution of higher education 
                                to conduct research in the 
                                area, or
                                  (III) for a comparable 
                                position to conduct research in 
                                the area with a department, 
                                division, or institute of a 
                                private employer, if the 
                                department, division, or 
                                institute employs at least 3 
                                persons full-time in research 
                                activities and has achieved 
                                documented accomplishments in 
                                an academic field.
                  (C) Certain multinational executives and 
                managers.--An alien is described in this 
                subparagraph if the alien, in the 3 years 
                preceding the time of the alien's application 
                for classification and admission into the 
                United States under this subparagraph, has been 
                employed for at least 1 year by a firm or 
                corporation or other legal entity or an 
                affiliate or subsidiary thereof and the alien 
                seeks to enter the United States in order to 
                continue to render services to the same 
                employer or to a subsidiary or affiliate 
                thereof in a capacity that is managerial or 
                executive.
          (2) Aliens who are members of the professions holding 
        advanced degrees or aliens of exceptional ability.--
                  (A) In general.--Visas shall be made 
                available, in a number not to exceed [28.6 
                percent of such worldwide level] 40,040, plus 
                any visas not required for the classes 
                specified in paragraph (1), to qualified 
                immigrants who are members of the professions 
                holding advanced degrees or their equivalent or 
                who because of their exceptional ability in the 
                sciences, arts, or business, will substantially 
                benefit prospectively the national economy, 
                cultural or educational interests, or welfare 
                of the United States, and whose services in the 
                sciences, arts, professions, or business are 
                sought by an employer in the United States.
                  (B)(i) Subject to clause (ii), the Attorney 
                General may, when the Attorney General deems it 
                to be in the national interest, waive the 
                requirements of subparagraph (A) that an 
                alien's services in the sciences, arts, 
                professions, or business be sought by an 
                employer in the United States.
                  (ii)(I) The Attorney General shall grant a 
                national interest waiver pursuant to clause (i) 
                on behalf of any alien physician with respect 
                to whom a petition for preference 
                classification has been filed under 
                subparagraph (A) if--
                          (aa) the alien physician agrees to 
                        work full time as a physician in an 
                        area or areas designated by the 
                        Secretary of Health and Human Services 
                        as having a shortage of health care 
                        professionals or at a health care 
                        facility under the jurisdiction of the 
                        Secretary of Veterans Affairs; and
                          (bb) a Federal agency or a department 
                        of public health in any State has 
                        previously determined that the alien 
                        physician's work in such an area or at 
                        such facility was in the public 
                        interest.
                          (II) No permanent resident visa may 
                        be issued to an alien physician 
                        described in subclause (I) by the 
                        Secretary of State under section 
                        204(b), and the Attorney General may 
                        not adjust the status of such an alien 
                        physician from that of a nonimmigrant 
                        alien to that of a permanent resident 
                        alien under section 245, until such 
                        time as the alien has worked full time 
                        as a physician for an aggregate of 5 
                        years (not including the time served in 
                        the status of an alien described in 
                        section 101(a)(15)(J)), in an area or 
                        areas designated by the Secretary of 
                        Health and Human Services as having a 
                        shortage of health care professionals 
                        or at a health care facility under the 
                        jurisdiction of the Secretary of 
                        Veterans Affairs.
                          (III) Nothing in this subparagraph 
                        may be construed to prevent the filing 
                        of a petition with the Attorney General 
                        for classification under section 
                        204(a), or the filing of an application 
                        for adjustment of status under section 
                        245, by an alien physician described in 
                        subclause (I) prior to the date by 
                        which such alien physician has 
                        completed the service described in 
                        subclause (II).
                          (IV) The requirements of this 
                        subsection do not affect waivers on 
                        behalf of alien physicians approved 
                        under section 203(b)(2)(B) before the 
                        enactment date of this subsection. In 
                        the case of a physician for whom an 
                        application for a waiver was filed 
                        under section 203(b)(2)(B) prior to 
                        November 1, 1998, the Attorney General 
                        shall grant a national interest waiver 
                        pursuant to section 203(b)(2)(B) except 
                        that the alien is required to have 
                        worked full time as a physician for an 
                        aggregate of 3 years (not including 
                        time served in the status of an alien 
                        described in section 101(a)(15)(J)) 
                        before a visa can be issued to the 
                        alien under section 204(b) or the 
                        status of the alien is adjusted to 
                        permanent resident under section 245.
                  (C) Determination of exceptional ability.--In 
                determining under subparagraph (A) whether an 
                immigrant has exceptional ability, the 
                possession of a degree, diploma, certificate, 
                or similar award from a college, university, 
                school, or other institution of learning or a 
                license to practice or certification for a 
                particular profession or occupation shall not 
                by itself be considered sufficient evidence of 
                such exceptional ability.
          (3) Skilled workers, professionals, and other 
        workers.--
                  (A) In general.--Visas shall be made 
                available, in a number not to exceed [28.6 
                percent of such worldwide level] 80,040, plus 
                any visas not required for the classes 
                specified in paragraphs (1) and (2), to the 
                following classes of aliens who are not 
                described in paragraph (2):
                          (i) Skilled workers.--Qualified 
                        immigrants who are capable, at the time 
                        of petitioning for classification under 
                        this paragraph, of performing skilled 
                        labor (requiring at least 2 years 
                        training or experience), not of a 
                        temporary or seasonal nature, for which 
                        qualified workers are not available in 
                        the United States.
                          (ii) Professionals.--Qualified 
                        immigrants who hold baccalaureate 
                        degrees and who are members of the 
                        professions.
                          [(iii) Other workers.--Other 
                        qualified immigrants who are capable, 
                        at the time of petitioning for 
                        classification under this paragraph, of 
                        performing unskilled labor, not of a 
                        temporary or seasonal nature, for which 
                        qualified workers are not available in 
                        the United States.]
                          (iii) Other workers.--Other qualified 
                        immigrants who, at the time of 
                        petitioning for classification under 
                        this paragraph--
                                  (I) are capable of performing 
                                unskilled labor, not of a 
                                temporary or seasonal nature, 
                                for which qualified workers are 
                                not available in the United 
                                States; or
                                  (II) can demonstrate 
                                employment in the United States 
                                as an H-2A nonimmigrant worker 
                                for at least 100 days in each 
                                of at least 10 years.
                  [(B) Limitation on other workers.--Not more 
                than 10,000 of the visas made available under 
                this paragraph in any fiscal year may be 
                available for qualified immigrants described in 
                subparagraph (A)(iii).]
                  (B) Visas allocated for other workers.--
                          (i) In general.--Except as provided 
                        in clauses (ii) and (iii), 50,000 of 
                        the visas made available under this 
                        paragraph shall be reserved for 
                        qualified immigrants described in 
                        subparagraph (A)(iii).
                          (ii) Preference for agricultural 
                        workers.--Subject to clause (iii), not 
                        less than four-fifths of the visas 
                        described in clause (i) shall be 
                        reserved for--
                                  (I) qualified immigrants 
                                described in subparagraph 
                                (A)(iii)(I) who will be 
                                performing agricultural labor 
                                or services in the United 
                                States; and
                                  (II) qualified immigrants 
                                described in subparagraph 
                                (A)(iii)(II).
                          (iii) Exception.--If because of the 
                        application of clause (ii), 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 visa, clause (ii) shall not 
                        apply to visas under this paragraph 
                        during the remainder of such calendar 
                        quarter.
                          (iv) No per country limits.--Visas 
                        described under clause (ii) shall be 
                        issued without regard to the numerical 
                        limitation under section 202(a)(2).
                  (C) Labor certification required.--[An 
                immigrant visa] Except for qualified immigrants 
                petitioning for classification under 
                subparagraph (A)(iii)(II), an immigrant visa 
                may not be issued to an immigrant under 
                subparagraph (A) until the consular officer is 
                in receipt of a determination made by the 
                Secretary of Labor pursuant to the provisions 
                of section 212(a)(5)(A).
          (4) Certain special immigrants.--Visas shall be made 
        available, in a number not to exceed [7.1 percent of 
        such worldwide level] 9,940, to qualified special 
        immigrants described in section 101(a)(27) (other than 
        those described in subparagraph (A) or (B) thereof), of 
        which not more than 5,000 may be made available in any 
        fiscal year to special immigrants described in 
        subclause (II) or (III) of section 101(a)(27)(C)(ii), 
        and not more than 100 may be made available in any 
        fiscal year to special immigrants, excluding spouses 
        and children, who are described in section 
        101(a)(27)(M).
          (5) Employment creation.--
                  (A) In general.--Visas shall be made 
                available, in a number not to exceed [7.1 
                percent of such worldwide level] 9,940, to 
                qualified immigrants seeking to enter the 
                United States for the purpose of engaging in a 
                new commercial enterprise (including a limited 
                partnership)--
                          (i) in which such alien has invested 
                        (after the date of the enactment of the 
                        Immigration Act of 1990) or, is 
                        actively in the process of investing, 
                        capital in an amount not less than the 
                        amount specified in subparagraph (C), 
                        and
                          (ii) which will benefit the United 
                        States economy and create full-time 
                        employment for not fewer than 10 United 
                        States citizens or aliens lawfully 
                        admitted for permanent residence or 
                        other immigrants lawfully authorized to 
                        be employed in the United States (other 
                        than the immigrant and the immigrant's 
                        spouse, sons, or daughters).
                  (B) Set-aside for targeted employment 
                areas.--
                          (i) In general.--Not less than 3,000 
                        of the visas made available under this 
                        paragraph in each fiscal year shall be 
                        reserved for qualified immigrants who 
                        invest in a new commercial enterprise 
                        described in subparagraph (A) which 
                        will create employment in a targeted 
                        employment area.
                          (ii) Targeted employment area 
                        defined.--In this paragraph, the term 
                        ``targeted employment area'' means, at 
                        the time of the investment, a rural 
                        area or an area which has experienced 
                        high unemployment (of at least 150 
                        percent of the national average rate).
                          (iii) Rural area defined.--In this 
                        paragraph, the term ``rural area'' 
                        means any area other than an area 
                        within a metropolitan statistical area 
                        or within the outer boundary of any 
                        city or town having a population of 
                        20,000 or more (based on the most 
                        recent decennial census of the United 
                        States).
                  (C) Amount of capital required.--
                          (i) In general.--Except as otherwise 
                        provided in this subparagraph, the 
                        amount of capital required under 
                        subparagraph (A) shall be $1,000,000. 
                        The Attorney General, in consultation 
                        with the Secretary of Labor and the 
                        Secretary of State, may from time to 
                        time prescribe regulations increasing 
                        the dollar amount specified under the 
                        previous sentence.
                          (ii) Adjustment for targeted 
                        employment areas.--The Attorney General 
                        may, in the case of investment made in 
                        a targeted employment area, specify an 
                        amount of capital required under 
                        subparagraph (A) that is less than (but 
                        not less than \1/2\ of) the amount 
                        specified in clause (i).
                          (iii) Adjustment for high employment 
                        areas.--In the case of an investment 
                        made in a part of a metropolitan 
                        statistical area that at the time of 
                        the investment--
                                  (I) is not a targeted 
                                employment area, and
                                  (II) is an area with an 
                                unemployment rate significantly 
                                below the national average 
                                unemployment rate,
                        the Attorney General may specify an 
                        amount of capital required under 
                        subparagraph (A) that is greater than 
                        (but not greater than 3 times) the 
                        amount specified in clause (i).
                  (D) Full-time employment defined.--In this 
                paragraph, the term ``full-time employment'' 
                means employment in a position that requires at 
                least 35 hours of service per week at any time, 
                regardless of who fills the position.
          (6) Special rules for ``k'' special immigrants.--
                  (A) Not counted against numerical limitation 
                in year involved.--Subject to subparagraph (B), 
                the number of immigrant visas made available to 
                special immigrants under section 101(a)(27)(K) 
                in a fiscal year shall not be subject to the 
                numerical limitations of this subsection or of 
                section 202(a).
                  (B) Counted against numerical limitations in 
                following year.--
                          (i) Reduction in employment-based 
                        immigrant classifications.--The number 
                        of visas made available in any fiscal 
                        year under paragraphs (1), (2), and (3) 
                        shall each be reduced by \1/3\ of the 
                        number of visas made available in the 
                        previous fiscal year to special 
                        immigrants described in section 
                        101(a)(27)(K).
                          (ii) Reduction in per country 
                        level.--The number of visas made 
                        available in each fiscal year to 
                        natives of a foreign state under 
                        section 202(a) shall be reduced by the 
                        number of visas made available in the 
                        previous fiscal year to special 
                        immigrants described in section 
                        101(a)(27)(K) who are natives of the 
                        foreign state.
                          (iii) Reduction in employment-based 
                        immigrant classifications within per 
                        country ceiling.--In the case of a 
                        foreign state subject to section 202(e) 
                        in a fiscal year (and in the previous 
                        fiscal year), the number of visas made 
                        available and allocated to each of 
                        paragraphs (1) through (3) of this 
                        subsection in the fiscal year shall be 
                        reduced by \1/3\ of the number of visas 
                        made available in the previous fiscal 
                        year to special immigrants described in 
                        section 101(a)(27)(K) who are natives 
                        of the foreign state.
  (c) Diversity Immigrants.--
          (1) In general.--Except as provided in paragraph (2), 
        aliens subject to the worldwide level specified in 
        section 201(e) for diversity immigrants shall be 
        allotted visas each fiscal year as follows:
                  (A) Determination of preference 
                immigration.--The Attorney General shall 
                determine for the most recent previous 5-
                fiscal-year period for which data are 
                available, the total number of aliens who are 
                natives of each foreign state and who (i) were 
                admitted or otherwise provided lawful permanent 
                resident status (other than under this 
                subsection) and (ii) were subject to the 
                numerical limitations of section 201(a) (other 
                than paragraph (3) thereof) or who were 
                admitted or otherwise provided lawful permanent 
                resident status as an immediate relative or 
                other alien described in section 201(b)(2).
                  (B) Identification of high-admission and low-
                admission regions and high-admission and low-
                admission states.--The Attorney General--
                          (i) shall identify--
                                  (I) each region (each in this 
                                paragraph referred to as a 
                                ``high-admission region'') for 
                                which the total of the numbers 
                                determined under subparagraph 
                                (A) for states in the region is 
                                greater than \1/6\ of the total 
                                of all such numbers, and
                                  (II) each other region (each 
                                in this paragraph referred to 
                                as a ``low-admission region''); 
                                and
                          (ii) shall identify--
                                  (I) each foreign state for 
                                which the number determined 
                                under subparagraph (A) is 
                                greater than 50,000 (each such 
                                state in this paragraph 
                                referred to as a ``high-
                                admission state''), and
                                  (II) each other foreign state 
                                (each such state in this 
                                paragraph referred to as a 
                                ``low-admission state'').
                  (C) Determination of percentage of worldwide 
                immigration attributable to high-admission 
                regions.--The Attorney General shall determine 
                the percentage of the total of the numbers 
                determined under subparagraph (A) that are 
                numbers for foreign states in high-admission 
                regions.
                  (D) Determination of regional populations 
                excluding high-admission states and ratios of 
                populations of regions within low-admission 
                regions and high-admission regions.--The 
                Attorney General shall determine--
                          (i) based on available estimates for 
                        each region, the total population of 
                        each region not including the 
                        population of any high-admission state;
                          (ii) for each low-admission region, 
                        the ratio of the population of the 
                        region determined under clause (i) to 
                        the total of the populations determined 
                        under such clause for all the low-
                        admission regions; and
                          (iii) for each high-admission region, 
                        the ratio of the population of the 
                        region determined under clause (i) to 
                        the total of the populations determined 
                        under such clause for all the high-
                        admission regions.
                  (E) Distribution of visas.--
                          (i) No visas for natives of high-
                        admission states.--The percentage of 
                        visas made available under this 
                        paragraph to natives of a high-
                        admission state is 0.
                          (ii) For low-admission states in low-
                        admission regions.--Subject to clauses 
                        (iv) and (v), the percentage of visas 
                        made available under this paragraph to 
                        natives (other than natives of a high-
                        admission state) in a low-admission 
                        region is the product of--
                                  (I) the percentage determined 
                                under subparagraph (C), and
                                  (II) the population ratio for 
                                that region determined under 
                                subparagraph (D)(ii).
                          (iii) For low-admission states in 
                        high-admission regions.--Subject to 
                        clauses (iv) and (v), the percentage of 
                        visas made available under this 
                        paragraph to natives (other than 
                        natives of a high-admission state) in a 
                        high-admission region is the product 
                        of--
                                  (I) 100 percent minus the 
                                percentage determined under 
                                subparagraph (C), and
                                  (II) the population ratio for 
                                that region determined under 
                                subparagraph (D)(iii).
                          (iv) Redistribution of unused visa 
                        numbers.--If the Secretary of State 
                        estimates that the number of immigrant 
                        visas to be issued to natives in any 
                        region for a fiscal year under this 
                        paragraph is less than the number of 
                        immigrant visas made available to such 
                        natives under this paragraph for the 
                        fiscal year, subject to clause (v), the 
                        excess visa numbers shall be made 
                        available to natives (other than 
                        natives of a high-admission state) of 
                        the other regions in proportion to the 
                        percentages otherwise specified in 
                        clauses (ii) and (iii).
                          (v) Limitation on visas for natives 
                        of a single foreign state.--The 
                        percentage of visas made available 
                        under this paragraph to natives of any 
                        single foreign state for any fiscal 
                        year shall not exceed 7 percent.
                  (F) Region defined.--Only for purposes of 
                administering the diversity program under this 
                subsection, Northern Ireland shall be treated 
                as a separate foreign state, each colony or 
                other component or dependent area of a foreign 
                state overseas from the foreign state shall be 
                treated as part of the foreign state, and the 
                areas described in each of the following 
                clauses shall be considered to be a separate 
                region:
                          (i) Africa.
                          (ii) Asia.
                          (iii) Europe.
                          (iv) North America (other than 
                        Mexico).
                          (v) Oceania.
                          (vi) South America, Mexico, Central 
                        America, and the Caribbean.
          (2) Requirement of education or work experience.--An 
        alien is not eligible for a visa under this subsection 
        unless the alien--
                  (A) has at least a high school education or 
                its equivalent, or
                  (B) has, within 5 years of the date of 
                application for a visa under this subsection, 
                at least 2 years of work experience in an 
                occupation which requires at least 2 years of 
                training or experience.
          (3) Maintenance of information.--The Secretary of 
        State shall maintain information on the age, 
        occupation, education level, and other relevant 
        characteristics of immigrants issued visas under this 
        subsection.
  (d) Treatment of Family Members.--A spouse or child as 
defined in subparagraph (A), (B), (C), (D), or (E) of section 
101(b)(1) shall, if not otherwise entitled to an immigrant 
status and the immediate issuance of a visa under subsection 
(a), (b), or (c), be entitled to the same status, and the same 
order of consideration provided in the respective subsection, 
if accompanying or following to join, the spouse or parent.
  (e) Order of Consideration.--(1) Immigrant visas made 
available under subsection (a) or (b) shall be issued to 
eligible immigrants in the order in which a petition in behalf 
of each such immigrant is filed with the Attorney General (or 
in the case of special immigrants under section 101(a)(27)(D), 
with the Secretary of State) as provided in section 204(a).
  (2) Immigrant visa numbers made available under subsection 
(c) (relating to diversity immigrants) shall be issued to 
eligible qualified immigrants strictly in a random order 
established by the Secretary of State for the fiscal year 
involved.
  (3) Waiting lists of applicants for visas under this section 
shall be maintained in accordance with regulations prescribed 
by the Secretary of State.
  (f) Authorization for Issuance.--In the case of any alien 
claiming in his application for an immigrant visa to be 
described in section 201(b)(2) or in subsection (a), (b), or 
(c) of this section, the consular officer shall not grant such 
status until he has been authorized to do so as provided by 
section 204.
  (g) Lists.--For purposes of carrying out the Secretary's 
responsibilities in the orderly administration of this section, 
the Secretary of State may make reasonable estimates of the 
anticipated numbers of visas to be issued during any quarter of 
any fiscal year within each of the categories under subsections 
(a), (b), and (c) and to rely upon such estimates in 
authorizing the issuance of visas. The Secretary of State shall 
terminate the registration of any alien who fails to apply for 
an immigrant visa within one year following notification to the 
alien of the availability of such visa, but the Secretary shall 
reinstate the registration of any such alien who establishes 
within 2 years following the date of notification of the 
availability of such visa that such failure to apply was due to 
circumstances beyond the alien's control.
  (h) Rules for Determining Whether Certain Aliens Are 
Children.--
          (1) In general.--For purposes of subsections 
        (a)(2)(A) and (d), a determination of whether an alien 
        satisfies the age requirement in the matter preceding 
        subparagraph (A) of section 101(b)(1) shall be made 
        using--
                  (A) the age of the alien on the date on which 
                an immigrant visa number becomes available for 
                such alien (or, in the case of subsection (d), 
                the date on which an immigrant visa number 
                became available for the alien's parent), but 
                only if the alien has sought to acquire the 
                status of an alien lawfully admitted for 
                permanent residence within one year of such 
                availability; reduced by
                  (B) the number of days in the period during 
                which the applicable petition described in 
                paragraph (2) was pending.
          (2) Petitions described.--The petition described in 
        this paragraph is--
                  (A) with respect to a relationship described 
                in subsection (a)(2)(A), a petition filed under 
                section 204 for classification of an alien 
                child under subsection (a)(2)(A); or
                  (B) with respect to an alien child who is a 
                derivative beneficiary under subsection (d), a 
                petition filed under section 204 for 
                classification of the alien's parent under 
                subsection (a), (b), or (c).
          (3) Retention of priority date.--If the age of an 
        alien is determined under paragraph (1) to be 21 years 
        of age or older for the purposes of subsections 
        (a)(2)(A) and (d), the alien's petition shall 
        automatically be converted to the appropriate category 
        and the alien shall retain the original priority date 
        issued upon receipt of the original petition.
          (4) Application to self-petitions.--Paragraphs (1) 
        through (3) shall apply to self-petitioners and 
        derivatives of self-petitioners.

                procedure for granting immigrant status

  Sec. 204. (a)(1)(A)(i) Except as provided in clause (viii), 
any citizen of the United States claiming that an alien is 
entitled to classification by reason of a relationship 
described in paragraph (1), (3), or (4) of section 203(a) or to 
an immediate relative status under section 201(b)(2)(A)(i) may 
file a petition with the Attorney General for such 
classification.
  (ii) An alien spouse described in the second sentence of 
section 201(b)(2)(A)(i) also may file a petition with the 
Attorney General under this subparagraph for classification of 
the alien (and the alien's children) under such section.
  (iii)(I) An alien who is described in subclause (II) may file 
a petition with the Attorney General under this clause for 
classification of the alien (and any child of the alien) if the 
alien demonstrates to the Attorney General that--
          (aa) the marriage or the intent to marry the United 
        States citizen was entered into in good faith by the 
        alien; and
          (bb) during the marriage or relationship intended by 
        the alien to be legally a marriage, the alien or a 
        child of the alien has been battered or has been the 
        subject of extreme cruelty perpetrated by the alien's 
        spouse or intended spouse.
  (II) For purposes of subclause (I), an alien described in 
this subclause is an alien--
          (aa)(AA) who is the spouse of a citizen of the United 
        States;
          (BB) who believed that he or she had married a 
        citizen of the United States and with whom a marriage 
        ceremony was actually performed and who otherwise meets 
        any applicable requirements under this Act to establish 
        the existence of and bona fides of a marriage, but 
        whose marriage is not legitimate solely because of the 
        bigamy of such citizen of the United States; or
          (CC) who was a bona fide spouse of a United States 
        citizen within the past 2 years and--
                  (aaa) whose spouse died within the past 2 
                years;
                  (bbb) whose spouse lost or renounced 
                citizenship status within the past 2 years 
                related to an incident of domestic violence; or
                  (ccc) who demonstrates a connection between 
                the legal termination of the marriage within 
                the past 2 years and battering or extreme 
                cruelty by the United States citizen spouse;
          (bb) who is a person of good moral character;
          (cc) who is eligible to be classified as an immediate 
        relative under section 201(b)(2)(A)(i) or who would 
        have been so classified but for the bigamy of the 
        citizen of the United States that the alien intended to 
        marry; and
          (dd) who has resided with the alien's spouse or 
        intended spouse.
  (iv) An alien who is the child of a citizen of the United 
States, or who was a child of a United States citizen parent 
who within the past 2 years lost or renounced citizenship 
status related to an incident of domestic violence, and who is 
a person of good moral character, who is eligible to be 
classified as an immediate relative under section 
201(b)(2)(A)(i), and who resides, or has resided in the past, 
with the citizen parent may file a petition with the Attorney 
General under this subparagraph for classification of the alien 
(and any child of the alien) under such section if the alien 
demonstrates to the Attorney General that the alien has been 
battered by or has been the subject of extreme cruelty 
perpetrated by the alien's citizen parent. For purposes of this 
clause, residence includes any period of visitation.
  (v) An alien who--
          (I) is the spouse, intended spouse, or child living 
        abroad of a citizen who--
                  (aa) is an employee of the United States 
                Government;
                  (bb) is a member of the uniformed services 
                (as defined in section 101(a) of title 10, 
                United States Code); or
                  (cc) has subjected the alien or the alien's 
                child to battery or extreme cruelty in the 
                United States; and
          (II) is eligible to file a petition under clause 
        (iii) or (iv),
shall file such petition with the Attorney General under the 
procedures that apply to self-petitioners under clause (iii) or 
(iv), as applicable.
  (vi) For the purposes of any petition filed under clause 
(iii) or (iv), the denaturalization, loss or renunciation of 
citizenship, death of the abuser, divorce, or changes to the 
abuser's citizenship status after filing of the petition shall 
not adversely affect the approval of the petition, and for 
approved petitions shall not preclude the classification of the 
eligible self-petitioning spouse or child as an immediate 
relative or affect the alien's ability to adjust status under 
subsections (a) and (c) of section 245 or obtain status as a 
lawful permanent resident based on the approved self-petition 
under such clauses.
  (vii) An alien may file a petition with the Secretary of 
Homeland Security under this subparagraph for classification of 
the alien under section 201(b)(2)(A)(i) if the alien--
          (I) is the parent of a citizen of the United States 
        or was a parent of a citizen of the United States who, 
        within the past 2 years, lost or renounced citizenship 
        status related to an incident of domestic violence or 
        died;
          (II) is a person of good moral character;
          (III) is eligible to be classified as an immediate 
        relative under section 201(b)(2)(A)(i);
          (IV) resides, or has resided, with the citizen 
        daughter or son; and
          (V) demonstrates that the alien has been battered or 
        subject to extreme cruelty by the citizen daughter or 
        son.
                          (viii)(I) Clause (i) shall not apply 
                        to a citizen of the United States who 
                        has been convicted of a specified 
                        offense against a minor, unless the 
                        Secretary of Homeland Security, in the 
                        Secretary's sole and unreviewable 
                        discretion, determines that the citizen 
                        poses no risk to the alien with respect 
                        to whom a petition described in clause 
                        (i) is filed.
                          (II) For purposes of subclause (I), 
                        the term ``specified offense against a 
                        minor'' is defined as in section 111 of 
                        the Adam Walsh Child Protection and 
                        Safety Act of 2006.
  (B)(i)(I) Except as provided in subclause (II), any alien 
lawfully admitted for permanent residence claiming that an 
alien is entitled to a classification by reason of the 
relationship described in section 203(a)(2) may file a petition 
with the Attorney General for such classification.
                  (I) Subclause (I) shall not apply in the case 
                of an alien lawfully admitted for permanent 
                residence who has been convicted of a specified 
                offense against a minor (as defined in 
                subparagraph (A)(viii)(II)), unless the 
                Secretary of Homeland Security, in the 
                Secretary's sole and unreviewable discretion, 
                determines that such person poses no risk to 
                the alien with respect to whom a petition 
                described in subclause (I) is filed.
  (ii)(I) An alien who is described in subclause (II) may file 
a petition with the Attorney General under this clause for 
classification of the alien (and any child of the alien) if 
such a child has not been classified under clause (iii) of 
section 203(a)(2)(A) and if the alien demonstrates to the 
Attorney General that--
          (aa) the marriage or the intent to marry the lawful 
        permanent resident was entered into in good faith by 
        the alien; and
          (bb) during the marriage or relationship intended by 
        the alien to be legally a marriage, the alien or a 
        child of the alien has been battered or has been the 
        subject of extreme cruelty perpetrated by the alien's 
        spouse or intended spouse.
  (II) For purposes of subclause (I), an alien described in 
this paragraph is an alien--
          (aa)(AA) who is the spouse of a lawful permanent 
        resident of the United States; or
          (BB) who believed that he or she had married a lawful 
        permanent resident of the United States and with whom a 
        marriage ceremony was actually performed and who 
        otherwise meets any applicable requirements under this 
        Act to establish the existence of and bona fides of a 
        marriage, but whose marriage is not legitimate solely 
        because of the bigamy of such lawful permanent resident 
        of the United States; or
          (CC) who was a bona fide spouse of a lawful permanent 
        resident within the past 2 years and--
                  (aaa) whose spouse lost status within the 
                past 2 years due to an incident of domestic 
                violence; or
                  (bbb) who demonstrates a connection between 
                the legal termination of the marriage within 
                the past 2 years and battering or extreme 
                cruelty by the lawful permanent resident 
                spouse;
          (bb) who is a person of good moral character;
          (cc) who is eligible to be classified as a spouse of 
        an alien lawfully admitted for permanent residence 
        under section 203(a)(2)(A) or who would have been so 
        classified but for the bigamy of the lawful permanent 
        resident of the United States that the alien intended 
        to marry; and
          (dd) who has resided with the alien's spouse or 
        intended spouse.
  (iii) An alien who is the child of an alien lawfully admitted 
for permanent residence, or who was the child of a lawful 
permanent resident who within the past 2 years lost lawful 
permanent resident status due to an incident of domestic 
violence, and who is a person of good moral character, who is 
eligible for classification under section 203(a)(2)(A), and who 
resides, or has resided in the past, with the alien's permanent 
resident alien parent may file a petition with the Attorney 
General under this subparagraph for classification of the alien 
(and any child of the alien) under such section if the alien 
demonstrates to the Attorney General that the alien has been 
battered by or has been the subject of extreme cruelty 
perpetrated by the alien's permanent resident parent.
  (iv) An alien who--
          (I) is the spouse, intended spouse, or child living 
        abroad of a lawful permanent resident who--
                  (aa) is an employee of the United States 
                Government;
                  (bb) is a member of the uniformed services 
                (as defined in section 101(a) of title 10, 
                United States Code); or
                  (cc) has subjected the alien or the alien's 
                child to battery or extreme cruelty in the 
                United States; and
          (II) is eligible to file a petition under clause (ii) 
        or (iii),
shall file such petition with the Attorney General under the 
procedures that apply to self-petitioners under clause (ii) or 
(iii), as applicable.
  (v)(I) For the purposes of any petition filed or approved 
under clause (ii) or (iii), divorce, or the loss of lawful 
permanent resident status by a spouse or parent after the 
filing of a petition under that clause shall not adversely 
affect approval of the petition, and, for an approved petition, 
shall not affect the alien's ability to adjust status under 
subsections (a) and (c) of section 245 or obtain status as a 
lawful permanent resident based on an approved self-petition 
under clause (ii) or (iii).
  (II) Upon the lawful permanent resident spouse or parent 
becoming or establishing the existence of United States 
citizenship through naturalization, acquisition of citizenship, 
or other means, any petition filed with the Immigration and 
Naturalization Service and pending or approved under clause 
(ii) or (iii) on behalf of an alien who has been battered or 
subjected to extreme cruelty shall be deemed reclassified as a 
petition filed under subparagraph (A) even if the acquisition 
of citizenship occurs after divorce or termination of parental 
rights.
  (C) Notwithstanding section 101(f), an act or conviction that 
is waivable with respect to the petitioner for purposes of a 
determination of the petitioner's admissibility under section 
212(a) or deportability under section 237(a) shall not bar the 
Attorney General from finding the petitioner to be of good 
moral character under subparagraph (A)(iii), (A)(iv), (B)(ii), 
or (B)(iii) if the Attorney General finds that the act or 
conviction was connected to the alien's having been battered or 
subjected to extreme cruelty.
  (D)(i)(I) Any child who attains 21 years of age who has filed 
a petition under clause (iv) of section 204(a)(1)(A) or section 
204(a)(1)(B)(iii) that was filed or approved before the date on 
which the child attained 21 years of age shall be considered 
(if the child has not been admitted or approved for lawful 
permanent residence by the date the child attained 21 years of 
age) a petitioner for preference status under paragraph (1), 
(2), or (3) of section 203(a), whichever paragraph is 
applicable, with the same priority date assigned to the self-
petition filed under clause (iv) of section 204(a)(1)(A) or 
section 204(a)(1)(B)(iii). No new petition shall be required to 
be filed.
  (II) Any individual described in subclause (I) is eligible 
for deferred action and work authorization.
  (III) Any derivative child who attains 21 years of age who is 
included in a petition described in clause (ii) that was filed 
or approved before the date on which the child attained 21 
years of age shall be considered (if the child has not been 
admitted or approved for lawful permanent residence by the date 
the child attained 21 years of age) a VAWA self-petitioner with 
the same priority date as that assigned to the petitioner in 
any petition described in clause (ii). No new petition shall be 
required to be filed.
  (IV) Any individual described in subclause (III) and any 
derivative child of a petition described in clause (ii) is 
eligible for deferred action and work authorization.
  (ii) The petition referred to in clause (i)(III) is a 
petition filed by an alien under subparagraph (A)(iii), 
(A)(iv), (B)(ii) or (B)(iii) in which the child is included as 
a derivative beneficiary.
  (iii) Nothing in the amendments made by the Child Status 
Protection Act shall be construed to limit or deny any right or 
benefit provided under this subparagraph.
  (iv) Any alien who benefits from this subparagraph may adjust 
status in accordance with subsections (a) and (c) of section 
245 as an alien having an approved petition for classification 
under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii).
  (v) For purposes of this paragraph, an individual who is not 
less than 21 years of age, who qualified to file a petition 
under subparagraph (A)(iv) or (B)(iii) as of the day before the 
date on which the individual attained 21 years of age, and who 
did not file such a petition before such day, shall be treated 
as having filed a petition under such subparagraph as of such 
day if a petition is filed for the status described in such 
subparagraph before the individual attains 25 years of age and 
the individual shows that the abuse was at least one central 
reason for the filing delay. Clauses (i) through (iv) of this 
subparagraph shall apply to an individual described in this 
clause in the same manner as an individual filing a petition 
under subparagraph (A)(iv).
  (E) Any alien desiring to be classified under section 
203(b)(1)(A) or 203(b)(3)(A)(iii)(II), or any person on behalf 
of such an alien, may file a petition with the Attorney General 
for such classification.
  (F) Any employer desiring and intending to employ within the 
United States an alien entitled to classification under section 
203(b)(1)(B), 203(b)(1)(C), 203(b)(2), or 203(b)(3) may file a 
petition with the Attorney General for such classification.
  (G)(i) Any alien (other than a special immigrant under 
section 101(a)(27)(D)) desiring to be classified under section 
203(b)(4), or any person on behalf of such an alien, may file a 
petition with the Attorney General for such classification.
  (ii) Aliens claiming status as a special immigrant under 
section 101(a)(27)(D) may file a petition only with the 
Secretary of State and only after notification by the Secretary 
that such status has been recommended and approved pursuant to 
such section.
  (H) Any alien desiring to be classified under section 
203(b)(5) may file a petition with the Attorney General for 
such classification.
  (I)(i) Any alien desiring to be provided an immigrant visa 
under section 203(c) may file a petition at the place and time 
determined by the Secretary of State by regulation. Only one 
such petition may be filed by an alien with respect to any 
petitioning period established. If more than one petition is 
submitted all such petitions submitted for such period by the 
alien shall be voided.
  (ii)(I) The Secretary of State shall designate a period for 
the filing of petitions with respect to visas which may be 
issued under section 203(c) for the fiscal year beginning after 
the end of the period.
  (II) Aliens who qualify, through random selection, for a visa 
under section 203(c) shall remain eligible to receive such visa 
only through the end of the specific fiscal year for which they 
were selected.
  (III) The Secretary of State shall prescribe such regulations 
as may be necessary to carry out this clause.
  (iii) A petition under this subparagraph shall be in such 
form as the Secretary of State may by regulation prescribe and 
shall contain such information and be supported by such 
documentary evidence as the Secretary of State may require.
          (iv) Each petition to compete for consideration for a 
        visa under section 1153(c) of this title shall be 
        accompanied by a fee equal to $30. All amounts 
        collected under this clause shall be deposited into the 
        Treasury as miscellaneous receipts.
  (J) In acting on petitions filed under clause (iii) or (iv) 
of subparagraph (A) or clause (ii) or (iii) of subparagraph 
(B), or in making determinations under subparagraphs (C) and 
(D), the Attorney General shall consider any credible evidence 
relevant to the petition. The determination of what evidence is 
credible and the weight to be given that evidence shall be 
within the sole discretion of the Attorney General.
  (K) Upon the approval of a petition as a VAWA self-
petitioner, the alien--
          (i) is eligible for work authorization; and
          (ii) may be provided an ``employment authorized'' 
        endorsement or appropriate work permit incidental to 
        such approval.
                  (L) Notwithstanding the previous provisions 
                of this paragraph, an individual who was a VAWA 
                petitioner or who had the status of a 
                nonimmigrant under subparagraph (T) or (U) of 
                section 101(a)(15) may not file a petition for 
                classification under this section or section 
                214 to classify any person who committed the 
                battery or extreme cruelty or trafficking 
                against the individual (or the individual's 
                child) which established the individual's (or 
                individual's child) eligibility as a VAWA 
                petitioner or for such nonimmigrant status.
  (2)(A) The Attorney General may not approve a spousal second 
preference petition for the classification of the spouse of an 
alien if the alien, by virtue of a prior marriage, has been 
accorded the status of an alien lawfully admitted for permanent 
residence as the spouse of a citizen of the United States or as 
the spouse of an alien lawfully admitted for permanent 
residence, unless--
          (i) a period of 5 years has elapsed after the date 
        the alien acquired the status of an alien lawfully 
        admitted for permanent residence, or
          (ii) the alien establishes to the satisfaction of the 
        Attorney General by clear and convincing evidence that 
        the prior marriage (on the basis of which the alien 
        obtained the status of an alien lawfully admitted for 
        permanent residence) was not entered into for the 
        purpose of evading any provision of the immigration 
        laws.
In this subparagraph, the term ``spousal second preference 
petition'' refers to a petition, seeking preference status 
under section 203(a)(2), for an alien as a spouse of an alien 
lawfully admitted for permanent residence.
  (B) Subparagraph (A) shall not apply to a petition filed for 
the classification of the spouse of an alien if the prior 
marriage of the alien was terminated by the death of his or her 
spouse.
  (b) After an investigation of the facts in each case, and 
after consultation with the Secretary of Labor with respect to 
petitions to accord a status under section 203(b)(2) or 
203(b)(3), the Attorney General shall, if he determines that 
the facts stated in the petition are true and that the alien in 
behalf of whom the petition is made is an immediate relative 
specified in section 201(b) or is eligible for preference under 
subsection (a) or (b) of section 203, approve the petition and 
forward one copy thereof to the Department of State. The 
Secretary of State shall then authorize the consular officer 
concerned to grant the preference status.
  (c) Notwithstanding the provisions of subsection (b) no 
petition shall be approved if (1) the alien has previously been 
accorded, or has sought to be accorded, an immediate relative 
or preference status as the spouse of a citizen of the United 
States or the spouse of an alien lawfully admitted for 
permanent residence, by reason of a marriage determined by the 
Attorney General to have been entered into for the purpose of 
evading the immigration laws or (2) the Attorney General has 
determined that the alien has attempted or conspired to enter 
into a marriage for the purpose of evading the immigration 
laws.
  (d)(1) Notwithstanding the provisions of subsections (a) and 
(b) no petition may be approved on behalf of a child defined in 
subparagraph (F) or (G) of section 101(b)(1) unless a valid 
home-study has been favorably recommended by an agency of the 
State of the child's proposed residence, or by an agency 
authorized by that State to conduct such a study, or, in the 
case of a child adopted abroad, by an appropriate public or 
private adoption agency which is licensed in the United States.
  (2) Notwithstanding the provisions of subsections (a) and 
(b), no petition may be approved on behalf of a child defined 
in section 101(b)(1)(G) unless the Secretary of State has 
certified that the central authority of the child's country of 
origin has notified the United States central authority under 
the convention referred to in such section 101(b)(1)(G) that a 
United States citizen habitually resident in the United States 
has effected final adoption of the child, or has been granted 
custody of the child for the purpose of emigration and 
adoption, in accordance with such convention and the 
Intercountry Adoption Act of 2000.
  (e) Nothing in this section shall be construed to entitle an 
immigrant, in behalf of whom a petition under this section is 
approved, to be admitted the United States as an immigrant 
under subsection (a), (b), or (c) of section 203 or as an 
immediate relative under section 201(b) if upon his arrival at 
a port of entry in the United States he is found not to be 
entitled to such classification.
  (f)(1) Any alien claiming to be an alien described in 
paragraph (2)(A) of this subsection (or any person on behalf of 
such an alien) may file a petition with the Attorney General 
for classification under section 201(b), 203(a)(1), or 
203(a)(3), as appropriate. After an investigation of the facts 
of each case the Attorney General shall, if the conditions 
described in paragraph (2) are met, approve the petition and 
forward one copy to the Secretary of State.
  (2) The Attorney General may approve a petition for an alien 
under paragraph (1) if--
          (A) he has reason to believe that the alien (i) was 
        born in Korea, Vietnam, Laos, Kampuchea, or Thailand 
        after 1950 and before the date of the enactment of this 
        subsection, and (ii) was fathered by a United States 
        citizen;
          (B) he has received an acceptable guarantee of legal 
        custody and financial responsibility described in 
        paragraph (4); and
          (C) in the case of an alien under eighteen years of 
        age, (i) the alien's placement with a sponsor in the 
        United States has been arranged by an appropriate 
        public, private, or State child welfare agency licensed 
        in the United States and actively involved in the 
        intercountry placement of children and (ii) the alien's 
        mother or guardian has in writing irrevocably released 
        the alien for emigration.
  (3) In considering petitions filed under paragraph (1), the 
Attorney General shall--
          (A) consult with appropriate governmental officials 
        and officials of private voluntary organizations in the 
        country of the alien's birth in order to make the 
        determinations described in subparagraphs (A) and 
        (C)(ii) of paragraph (2); and
          (B) consider the physical appearance of the alien and 
        any evidence provided by the petitioner, including 
        birth and baptismal certificates, local civil records, 
        photographs of, and letters or proof of financial 
        support from, a putative father who is a citizen of the 
        United States, and the testimony of witnesses, to the 
        extent it is relevant or probative.
  (4)(A) A guarantee of legal custody and financial 
responsibility for an alien described in paragraph (2) must--
          (i) be signed in the presence of an immigration 
        officer or consular officer by an individual 
        (hereinafter in this paragraph referred to as the 
        ``sponsor'') who is twenty-one years of age or older, 
        is of good moral character, and is a citizen of the 
        United States or alien lawfully admitted for permanent 
        residence, and
          (ii) provide that the sponsor agrees (I) in the case 
        of an alien under eighteen years of age, to assume 
        legal custody for the alien after the alien's departure 
        to the United States and until the alien becomes 
        eighteen years of age, in accordance with the laws of 
        the State where the alien and the sponsor will reside, 
        and (II) to furnish, during the five-year period 
        beginning on the date of the alien's acquiring the 
        status of an alien lawfully admitted for permanent 
        residence, or during the period beginning on the date 
        of the alien's acquiring the status of an alien 
        lawfully admitted for permanent residence and ending on 
        the date on which the alien becomes twenty-one years of 
        age, whichever period is longer, such financial support 
        as is necessary to maintain the family in the United 
        States of which the alien is a member at a level equal 
        to at least 125 per centum of the current official 
        poverty line (as established by the Director of the 
        Office of Management and Budget, under section 673(2) 
        of the Omnibus Budget Reconciliation Act of 1981 and as 
        revised by the Secretary of Health and Human Services 
        under the second and third sentences of such section) 
        for a family of the same size as the size of the 
        alien's family.
  (B) A guarantee of legal custody and financial responsibility 
described in subparagraph (A) may be enforced with respect to 
an alien against his sponsor in a civil suit brought by the 
Attorney General in the United States district court for the 
district in which the sponsor resides, except that a sponsor or 
his estate shall not be liable under such a guarantee if the 
sponsor dies or is adjudicated a bankrupt under title 11, 
United States Code.
  (g) Notwithstanding subsection (a), except as provided in 
section 245(e)(3), a petition may not be approved to grant an 
alien immediate relative status or preference status by reason 
of a marriage which was entered into during the period 
described in section 245(e)(2), until the alien has resided 
outside the United States for a 2-year period beginning after 
the date of the marriage.
  (h) The legal termination of a marriage may not be the sole 
basis for revocation under section 205 of a petition filed 
under subsection (a)(1)(A)(iii) or a petition filed under 
subsection (a)(1)(B)(ii) pursuant to conditions described in 
subsection (a)(1)(A)(iii)(I). Remarriage of an alien whose 
petition was approved under section 204(a)(1)(B)(ii) or 
204(a)(1)(A)(iii) or marriage of an alien described in clause 
(iv) or (vi) of section 204(a)(1)(A) or in section 
204(a)(1)(B)(iii) shall not be the basis for revocation of a 
petition approval under section 205.
  (i) Professional Athletes.--
          (1) In general.--A petition under subsection 
        (a)(4)(D) for classification of a professional athlete 
        shall remain valid for the athlete after the athlete 
        changes employers, if the new employer is a team in the 
        same sport as the team which was the employer who filed 
        the petition.
          (2) Definition.--For purposes of paragraph (1), the 
        term ``professional athlete'' means an individual who 
        is employed as an athlete by--
                  (A) a team that is a member of an association 
                of 6 or more professional sports teams whose 
                total combined revenues exceed $10,000,000 per 
                year, if the association governs the conduct of 
                its members and regulates the contests and 
                exhibitions in which its member teams regularly 
                engage; or
                  (B) any minor league team that is affiliated 
                with such an association.
  (j) Job Flexibility for Long Delayed Applicants for 
Adjustment of Status to Permanent Residence.--A petition under 
subsection (a)(1)(D) for an individual whose application for 
adjustment of status pursuant to section 245 has been filed and 
remained unadjudicated for 180 days or more shall remain valid 
with respect to a new job if the individual changes jobs or 
employers if the new job is in the same or a similar 
occupational classification as the job for which the petition 
was filed.
  (k) Procedures for Unmarried Sons and Daughters of 
Citizens.--
          (1) In general.--Except as provided in paragraph (2), 
        in the case of a petition under this section initially 
        filed for an alien unmarried son or daughter's 
        classification as a family-sponsored immigrant under 
        section 203(a)(2)(B), based on a parent of the son or 
        daughter being an alien lawfully admitted for permanent 
        residence, if such parent subsequently becomes a 
        naturalized citizen of the United States, such petition 
        shall be converted to a petition to classify the 
        unmarried son or daughter as a family-sponsored 
        immigrant under section 203(a)(1).
          (2) Exception.--Paragraph (1) does not apply if the 
        son or daughter files with the Attorney General a 
        written statement that he or she elects not to have 
        such conversion occur (or if it has occurred, to have 
        such conversion revoked). Where such an election has 
        been made, any determination with respect to the son or 
        daughter's eligibility for admission as a family-
        sponsored immigrant shall be made as if such 
        naturalization had not taken place.
          (3) Priority date.--Regardless of whether a petition 
        is converted under this subsection or not, if an 
        unmarried son or daughter described in this subsection 
        was assigned a priority date with respect to such 
        petition before such naturalization, he or she may 
        maintain that priority date.
          (4) Clarification.--This subsection shall apply to a 
        petition if it is properly filed, regardless of whether 
        it was approved or not before such naturalization.
  (l) Surviving Relative Consideration for Certain Petitions 
and Applications.--
          (1) In general.--An alien described in paragraph (2) 
        who resided in the United States at the time of the 
        death of the qualifying relative and who continues to 
        reside in the United States shall have such petition 
        described in paragraph (2), or an application for 
        adjustment of status to that of a person admitted for 
        lawful permanent residence based upon the family 
        relationship described in paragraph (2), and any 
        related applications, adjudicated notwithstanding the 
        death of the qualifying relative, unless the Secretary 
        of Homeland Security determines, in the unreviewable 
        discretion of the Secretary, that approval would not be 
        in the public interest.
          (2) Alien described.--An alien described in this 
        paragraph is an alien who, immediately prior to the 
        death of his or her qualifying relative, was--
                  (A) the beneficiary of a pending or approved 
                petition for classification as an immediate 
                relative (as described in section 
                201(b)(2)(A)(i));
                  (B) the beneficiary of a pending or approved 
                petition for classification under section 203 
                (a) or (d);
                  (C) a derivative beneficiary of a pending or 
                approved petition for classification under 
                section 203(b) (as described in section 
                203(d));
                  (D) the beneficiary of a pending or approved 
                refugee/asylee relative petition under section 
                207 or 208;
                  (E) an alien admitted in ``T'' nonimmigrant 
                status as described in section 
                101(a)(15)(T)(ii) or in ``U'' nonimmigrant 
                status as described in section 
                101(a)(15)(U)(ii);
                  (F) a child of an alien who filed a pending 
                or approved petition for classification or 
                application for adjustment of status or other 
                benefit specified in section 101(a)(51) as a 
                VAWA self-petitioner; or
                  (G) an asylee (as described in section 
                208(b)(3)).

           *       *       *       *       *       *       *


 Chapter 2--Qualifications for Admission of Aliens; Travel Control of 
Citizens and Aliens

           *       *       *       *       *       *       *


                       admission of nonimmigrants

  Sec. 214. (a)(1) The admission to the United States of any 
alien as a nonimmigrant shall be for such time and under such 
conditions as the Attorney General may by regulations 
prescribe, including when he deems necessary the giving of a 
bond with sufficient surety in such sum and containing such 
conditions as the Attorney General shall prescribe, to insure 
that at the expiration of such time or upon failure to maintain 
the status under which he was admitted, or to maintain any 
status subsequently acquired under section 248, such alien will 
depart from the United States. No alien admitted to Guam or the 
Commonwealth of the Northern Mariana Islands without a visa 
pursuant to section 212(l) may be authorized to enter or stay 
in the United States other than in Guam or the Commonwealth of 
the Northern Mariana Islands or to remain in Guam or the 
Commonwealth of the Northern Mariana Islands for a period 
exceeding 45 days from date of admission to Guam or the 
Commonwealth of the Northern Mariana Islands. No alien admitted 
to the United States without a visa pursuant to section 217 may 
be authorized to remain in the United States as a nonimmigrant 
visitor for a period exceeding 90 days from the date of 
admission.
  (2)(A) The period of authorized status as a nonimmigrant 
described in section 101(a)(15)(O) shall be for such period as 
the Attorney General may specify in order to provide for the 
event (or events) for which the nonimmigrant is admitted.
  (B) The period of authorized status as a nonimmigrant 
described in section 101(a)(15)(P) shall be for such period as 
the Attorney General may specify in order to provide for the 
competition, event, or performance for which the nonimmigrant 
is admitted. In the case of nonimmigrants admitted as 
individual athletes under section 101(a)(15)(P), the period of 
authorized status may be for an initial period (not to exceed 5 
years) during which the nonimmigrant will perform as an athlete 
and such period may be extended by the Attorney General for an 
additional period of up to 5 years.
  (b) Every alien (other than a nonimmigrant described in 
subparagraph (L) or (V) of section 101(a)(15), and other than a 
nonimmigrant described in any provision of [section 
101(a)(15)(H)(i) except subclause (b1) of such section] clause 
(i), except subclause (b1), or (ii)(a) of section 
101(a)(15)(H)) shall be presumed to be an immigrant until he 
establishes to the satisfaction of the consular officer, at the 
time of application for a visa, and the immigration officers, 
at the time of application for admission, that he is entitled 
to a nonimmigrant status under section 101(a)(15). An alien who 
is an officer or employee of any foreign government or of any 
international organization entitled to enjoy privileges, 
exemptions, and immunities under the International 
Organizations Immunities Act, or an alien who is the attendant, 
servant, employee, or member of the immediate family of any 
such alien shall not be entitled to apply for or receive an 
immigrant visa, or to enter the United States as an immigrant 
unless he executes a written waiver in the same form and 
substance as is prescribed by section 247(b).
  (c)(1) The question of importing any alien as a nonimmigrant 
under subparagraph (H), (L), (O), or (P)(i) of section 
101(a)(15) (excluding nonimmigrants under section 
101(a)(15)(H)(i)(b1)) in any specific case or specific cases 
shall be determined by the Attorney General, after consultation 
with appropriate agencies of the Government, upon petition of 
the importing employer. Such petition shall be made and 
approved before the visa is granted. The petition shall be in 
such form and contain such information as the Attorney General 
shall prescribe. The approval of such a petition shall not, of 
itself, be construed as establishing that the alien is a 
nonimmigrant. For purposes of this subsection with respect to 
nonimmigrants described in section 101(a)(15)(H)(ii)(a), the 
term ``appropriate agencies of Government'' means the 
Department of Labor and includes the Department of Agriculture. 
The provisions of section 218 shall apply to the question of 
importing any alien as a nonimmigrant under section 
101(a)(15)(H)(ii)(a).
  (2)(A) The Attorney General shall provide for a procedure 
under which an importing employer which meets requirements 
established by the Attorney General may file a blanket petition 
to import aliens as nonimmigrants described in section 
101(a)(15)(L) instead of filing individual petitions under 
paragraph (1) to import such aliens. Such procedure shall 
permit the expedited processing of visas for admission of 
aliens covered under such a petition.
  (B) For purposes of section 101(a)(15)(L), an alien is 
considered to be serving in a capacity involving specialized 
knowledge with respect to a company if the alien has a special 
knowledge of the company product and its application in 
international markets or has an advanced level of knowledge of 
processes and procedures of the company.
  (C) The Attorney General shall provide a process for 
reviewing and acting upon petitions under this subsection with 
respect to nonimmigrants described in section 101(a)(15)(L) 
within 30 days after the date a completed petition has been 
filed.
  (D) The period of authorized admission for--
          (i) a nonimmigrant admitted to render services in a 
        managerial or executive capacity under section 
        101(a)(15)(L) shall not exceed 7 years, or
          (ii) a nonimmigrant admitted to render services in a 
        capacity that involves specialized knowledge under 
        section 101(a)(15)(L) shall not exceed 5 years.
  (E) In the case of an alien spouse admitted under section 
101(a)(15)(L), who is accompanying or following to join a 
principal alien admitted under such section, the Attorney 
General shall authorize the alien spouse to engage in 
employment in the United States and provide the spouse with an 
``employment authorized'' endorsement or other appropriate work 
permit.
  (F) An alien who will serve in a capacity involving 
specialized knowledge with respect to an employer for purposes 
of section 101(a)(15)(L) and will be stationed primarily at the 
worksite of an employer other than the petitioning employer or 
its affiliate, subsidiary, or parent shall not be eligible for 
classification under section 101(a)(15)(L) if--
          (i) the alien will be controlled and supervised 
        principally by such unaffiliated employer; or
          (ii) the placement of the alien at the worksite of 
        the unaffiliated employer is essentially an arrangement 
        to provide labor for hire for the unaffiliated 
        employer, rather than a placement in connection with 
        the provision of a product or service for which 
        specialized knowledge specific to the petitioning 
        employer is necessary.
  (3) The Attorney General shall approve a petition--
          (A) with respect to a nonimmigrant described in 
        section 101(a)(15)(O)(i) only after consultation in 
        accordance with paragraph (6) or, with respect to 
        aliens seeking entry for a motion picture or television 
        production, after consultation with the appropriate 
        union representing the alien's occupational peers and a 
        management organization in the area of the alien's 
        ability, or
          (B) with respect to a nonimmigrant described in 
        section 101(a)(15)(O)(ii) after consultation in 
        accordance with paragraph (6) or, in the case of such 
        an alien seeking entry for a motion picture or 
        television production, after consultation with such a 
        labor organization and a management organization in the 
        area of the alien's ability.
In the case of an alien seeking entry for a motion picture or 
television production, (i) any opinion under the previous 
sentence shall only be advisory, (ii) any such opinion that 
recommends denial must be in writing, (iii) in making the 
decision the Attorney General shall consider the exigencies and 
scheduling of the production, and (iv) the Attorney General 
shall append to the decision any such opinion. The Attorney 
General shall provide by regulation for the waiver of the 
consultation requirement under subparagraph (A) in the case of 
aliens who have been admitted as nonimmigrants under section 
101(a)(15)(O)(i) because of extraordinary ability in the arts 
and who seek readmission to perform similar services within 2 
years after the date of a consultation under such subparagraph. 
Not later than 5 days after the date such a waiver is provided, 
the Attorney General shall forward a copy of the petition and 
all supporting documentation to the national office of an 
appropriate labor organization.
  (4)(A) For purposes of section 101(a)(15)(P)(i)(a), an alien 
is described in this subparagraph if the alien--
          (i)(I) performs as an athlete, individually or as 
        part of a group or team, at an internationally 
        recognized level of performance;
          (II) is a professional athlete, as defined in section 
        204(i)(2);
          (III) performs as an athlete, or as a coach, as part 
        of a team or franchise that is located in the United 
        States and a member of a foreign league or association 
        of 15 or more amateur sports teams, if--
                  (aa) the foreign league or association is the 
                highest level of amateur performance of that 
                sport in the relevant foreign country;
                  (bb) participation in such league or 
                association renders players ineligible, whether 
                on a temporary or permanent basis, to earn a 
                scholarship in, or participate in, that sport 
                at a college or university in the United States 
                under the rules of the National Collegiate 
                Athletic Association; and
                  (cc) a significant number of the individuals 
                who play in such league or association are 
                drafted by a major sports league or a minor 
                league affiliate of such a sports league; or
          (IV) is a professional athlete or amateur athlete who 
        performs individually or as part of a group in a 
        theatrical ice skating production; and
          (ii) seeks to enter the United States temporarily and 
        solely for the purpose of performing--
                  (I) as such an athlete with respect to a 
                specific athletic competition; or
                  (II) in the case of an individual described 
                in clause (i)(IV), in a specific theatrical ice 
                skating production or tour.
  (B)(i) For purposes of section 101(a)(15)(P)(i)(b), an alien 
is described in this subparagraph if the alien--
          (I) performs with or is an integral and essential 
        part of the performance of an entertainment group that 
        has (except as provided in clause (ii)) been recognized 
        internationally as being outstanding in the discipline 
        for a sustained and substantial period of time,
          (II) in the case of a performer or entertainer, 
        except as provided in clause (iii), has had a sustained 
        and substantial relationship with that group 
        (ordinarily for at least one year) and provides 
        functions integral to the performance of the group, and
          (III) seeks to enter the United States temporarily 
        and solely for the purpose of performing as such a 
        performer or entertainer or as an integral and 
        essential part of a performance.
  (ii) In the case of an entertainment group that is recognized 
nationally as being outstanding in its discipline for a 
sustained and substantial period of time, the Attorney General 
may, in consideration of special circumstances, waive the 
international recognition requirement of clause (i)(I).
  (iii)(I) The one-year relationship requirement of clause 
(i)(II) shall not apply to 25 percent of the performers and 
entertainers in a group.
  (II) The Attorney General may waive such one-year 
relationship requirement for an alien who because of illness or 
unanticipated and exigent circumstances replaces an essential 
member of the group and for an alien who augments the group by 
performing a critical role.
  (iv) The requirements of subclauses (I) and (II) of clause 
(i) shall not apply to alien circus personnel who perform as 
part of a circus or circus group or who constitute an integral 
and essential part of the performance of such circus or circus 
group, but only if such personnel are entering the United 
States to join a circus that has been recognized nationally as 
outstanding for a sustained and substantial period of time or 
as part of such a circus.
  (C) A person may petition the Attorney General for 
classification of an alien as a nonimmigrant under section 
101(a)(15)(P).
  (D) The Attorney General shall approve petitions under this 
subsection with respect to nonimmigrants described in clause 
(i) or (iii) of section 101(a)(15)(P) only after consultation 
in accordance with paragraph (6).
  (E) The Attorney General shall approve petitions under this 
subsection for nonimmigrants described in section 
101(a)(15)(P)(ii) only after consultation with labor 
organizations representing artists and entertainers in the 
United States.
  (F)(i) No nonimmigrant visa under section 101(a)(15)(P)(i)(a) 
shall be issued to any alien who is a national of a country 
that is a state sponsor of international terrorism unless the 
Secretary of State determines, in consultation with the 
Secretary of Homeland Security and the heads of other 
appropriate United States agencies, that such alien does not 
pose a threat to the safety, national security, or national 
interest of the United States. In making a determination under 
this subparagraph, the Secretary of State shall apply standards 
developed by the Secretary of State, in consultation with the 
Secretary of Homeland Security and the heads of other 
appropriate United States agencies, that are applicable to the 
nationals of such states.
  (ii) In this subparagraph, the term ``state sponsor of 
international terrorism'' means any country the government of 
which has been determined by the Secretary of State under any 
of the laws specified in clause (iii) to have repeatedly 
provided support for acts of international terrorism.
  (iii) The laws specified in this clause are the following:
          (I) Section 6(j)(1)(A) of the Export Administration 
        Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)) (or 
        successor statute).
          (II) Section 40(d) of the Arms Export Control Act (22 
        U.S.C. 2780(d)).
          (III) Section 620A(a) of the Foreign Assistance Act 
        of 1961 (22 U.S.C. 2371(a)).
  (G) The Secretary of Homeland Security shall permit a 
petition under this subsection to seek classification of more 
than 1 alien as a nonimmigrant under section 
101(a)(15)(P)(i)(a).
  (H) The Secretary of Homeland Security shall permit an 
athlete, or the employer of an athlete, to seek admission to 
the United States for such athlete under a provision of this 
Act other than section 101(a)(15)(P)(i) if the athlete is 
eligible under such other provision.
  (5)(A) In the case of an alien who is provided nonimmigrant 
status under section 101(a)(15)(H)(i)(b) or 
101(a)(15)(H)(ii)(b) and who is dismissed from employment by 
the employer before the end of the period of authorized 
admission, the employer shall be liable for the reasonable 
costs of return transportation of the alien abroad.
  (B) In the case of an alien who is admitted to the United 
States in nonimmigrant status under section 101(a)(15)(O) or 
101(a)(15)(P) and whose employment terminates for reasons other 
than voluntary resignation, the employer whose offer of 
employment formed the basis of such nonimmigrant status and the 
petitioner are jointly and severally liable for the reasonable 
cost of return transportation of the alien abroad. The 
petitioner shall provide assurance satisfactory to the Attorney 
General that the reasonable cost of that transportation will be 
provided.
  (6)(A)(i) To meet the consultation requirement of paragraph 
(3)(A) in the case of a petition for a nonimmigrant described 
in section 101(a)(15)(O)(i) (other than with respect to aliens 
seeking entry for a motion picture or television production), 
the petitioner shall submit with the petition an advisory 
opinion from a peer group (or other person or persons of its 
choosing, which may include a labor organization) with 
expertise in the specific field involved.
  (ii) To meet the consultation requirement of paragraph (3)(B) 
in the case of a petition for a nonimmigrant described in 
section 101(a)(15)(O)(ii) (other than with respect to aliens 
seeking entry for a motion picture or television production), 
the petitioner shall submit with the petition an advisory 
opinion from a labor organization with expertise in the skill 
area involved.
  (iii) To meet the consultation requirement of paragraph 
(4)(D) in the case of a petition for a nonimmigrant described 
in section 101(a)(15)(P)(i) or 101(a)(15)(P)(iii), the 
petitioner shall submit with the petition an advisory opinion 
from a labor organization with expertise in the specific field 
of athletics or entertainment involved.
  (B) To meet the consultation requirements of subparagraph 
(A), unless the petitioner submits with the petition an 
advisory opinion from an appropriate labor organization, the 
Attorney General shall forward a copy of the petition and all 
supporting documentation to the national office of an 
appropriate labor organization within 5 days of the date of 
receipt of the petition. If there is a collective bargaining 
representative of an employer's employees in the occupational 
classification for which the alien is being sought, that 
representative shall be the appropriate labor organization.
  (C) In those cases in which a petitioner described in 
subparagraph (A) establishes that an appropriate peer group 
(including a labor organization) does not exist, the Attorney 
General shall adjudicate the petition without requiring an 
advisory opinion.
  (D) Any person or organization receiving a copy of a petition 
described in subparagraph (A) and supporting documents shall 
have no more than 15 days following the date of receipt of such 
documents within which to submit a written advisory opinion or 
comment or to provide a letter of no objection. Once the 15-day 
period has expired and the petitioner has had an opportunity, 
where appropriate, to supply rebuttal evidence, the Attorney 
General shall adjudicate such petition in no more than 14 days. 
The Attorney General may shorten any specified time period for 
emergency reasons if no unreasonable burden would be thus 
imposed on any participant in the process.
  (E)(i) The Attorney General shall establish by regulation 
expedited consultation procedures in the case of nonimmigrant 
artists or entertainers described in section 101(a)(15)(O) or 
101(a)(15)(P) to accommodate the exigencies and scheduling of a 
given production or event.
  (ii) The Attorney General shall establish by regulation 
expedited consultation procedures in the case of nonimmigrant 
athletes described in section 101(a)(15)(O)(i) or 
101(a)(15)(P)(i) in the case of emergency circumstances 
(including trades during a season).
  (F) No consultation required under this subsection by the 
Attorney General with a nongovernmental entity shall be 
construed as permitting the Attorney General to delegate any 
authority under this subsection to such an entity. The Attorney 
General shall give such weight to advisory opinions provided 
under this section as the Attorney General determines, in his 
sole discretion, to be appropriate.
  (7) If a petition is filed and denied under this subsection, 
the Attorney General shall notify the petitioner of the 
determination and the reasons for the denial and of the process 
by which the petitioner may appeal the determination.
  (8) The Attorney General shall submit annually to the 
Committees on the Judiciary of the House of Representatives and 
of the Senate a report describing, with respect to petitions 
under each subcategory of subparagraphs (H), (O), (P), and (Q) 
of section 101(a)(15) the following:
          (A) The number of such petitions which have been 
        filed.
          (B) The number of such petitions which have been 
        approved and the number of workers (by occupation) 
        included in such approved petitions.
          (C) The number of such petitions which have been 
        denied and the number of workers (by occupation) 
        requested in such denied petitions.
          (D) The number of such petitions which have been 
        withdrawn.
          (E) The number of such petitions which are awaiting 
        final action.
  (9)(A) The Attorney General shall impose a fee on an employer 
(excluding any employer that is a primary or secondary 
education institution, an institution of higher education, as 
defined in section 101(a) of the Higher Education Act of 1965 
(20 U.S.C. 1001(a), a nonprofit entity related to or affiliated 
with any such institution, a nonprofit entity which engages in 
established curriculum-related clinical training of students 
registered at any such institution, a nonprofit research 
organization, or a governmental research organization) filing 
before a petition under paragraph (1)--
          (i) initially to grant an alien nonimmigrant status 
        described in section 101(a)(15)(H)(i)(b);
          (ii) to extend the stay of an alien having such 
        status (unless the employer previously has obtained an 
        extension for such alien); or
          (iii) to obtain authorization for an alien having 
        such status to change employers.
  (B) The amount of the fee shall be $1,500 for each such 
petition except that the fee shall be half the amount for each 
such petition by any employer with not more than 25 full-time 
equivalent employees who are employed in the United States 
(determined by including any affiliate or subsidiary of such 
employer).
  (C) Fees collected under this paragraph shall be deposited in 
the Treasury in accordance with section 286(s).
          (10) An amended H-1B petition shall not be required 
        where the petitioning employer is involved in a 
        corporate restructuring, including but not limited to a 
        merger, acquisition, or consolidation, where a new 
        corporate entity succeeds to the interests and 
        obligations of the original petitioning employer and 
        where the terms and conditions of employment remain the 
        same but for the identity of the petitioner.
  (11)(A) Subject to subparagraph (B), the Secretary of 
Homeland Security or the Secretary of State, as appropriate, 
shall impose a fee on an employer who has filed an attestation 
described in section 212(t)--
          (i) in order that an alien may be initially granted 
        nonimmigrant status described in section 
        101(a)(15)(H)(i)(b1); or
          (ii) in order to satisfy the requirement of the 
        second sentence of subsection (g)(8)(C) for an alien 
        having such status to obtain certain extensions of 
        stay.
  (B) The amount of the fee shall be the same as the amount 
imposed by the Secretary of Homeland Security under paragraph 
(9), except that if such paragraph does not authorize such 
Secretary to impose any fee, no fee shall be imposed under this 
paragraph.
  (C) Fees collected under this paragraph shall be deposited in 
the Treasury in accordance with section 286(s).
  (12)(A) In addition to any other fees authorized by law, the 
Secretary of Homeland Security shall impose a fraud prevention 
and detection fee on an employer filing a petition under 
paragraph (1)--
          (i) initially to grant an alien nonimmigrant status 
        described in subparagraph (H)(i)(b) or (L) of section 
        101(a)(15); or
          (ii) to obtain authorization for an alien having such 
        status to change employers.
  (B) In addition to any other fees authorized by law, the 
Secretary of State shall impose a fraud prevention and 
detection fee on an alien filing an application abroad for a 
visa authorizing admission to the United States as a 
nonimmigrant described in section 101(a)(15)(L), if the alien 
is covered under a blanket petition described in paragraph 
(2)(A).
  (C) The amount of the fee imposed under subparagraph (A) or 
(B) shall be $500.
  (D) The fee imposed under subparagraph (A) or (B) shall only 
apply to principal aliens and not to the spouses or children 
who are accompanying or following to join such principal 
aliens.
  (E) Fees collected under this paragraph shall be deposited in 
the Treasury in accordance with section 286(v).
  (13)(A) In addition to any other fees authorized by law, the 
Secretary of Homeland Security shall impose a fraud prevention 
and detection fee on an employer filing a petition under 
paragraph (1) for nonimmigrant workers described in section 
101(a)(15)(H)(ii)(b).
  (B) The amount of the fee imposed under subparagraph (A) 
shall be $150.
  (14)(A) If the Secretary of Homeland Security finds, after 
notice and an opportunity for a hearing, a substantial failure 
to meet any of the conditions of the petition to admit or 
otherwise provide status to a nonimmigrant worker under section 
101(a)(15)(H)(ii)(b) or a willful misrepresentation of a 
material fact in such petition--
          (i) the Secretary of Homeland Security may, in 
        addition to any other remedy authorized by law, impose 
        such administrative remedies (including civil monetary 
        penalties in an amount not to exceed $10,000 per 
        violation) as the Secretary of Homeland Security 
        determines to be appropriate; and
          (ii) the Secretary of Homeland Security may deny 
        petitions filed with respect to that employer under 
        section 204 or paragraph (1) of this subsection during 
        a period of at least 1 year but not more than 5 years 
        for aliens to be employed by the employer.
  (B) The Secretary of Homeland Security may delegate to the 
Secretary of Labor, with the agreement of the Secretary of 
Labor, any of the authority given to the Secretary of Homeland 
Security under subparagraph (A)(i).
  (C) In determining the level of penalties to be assessed 
under subparagraph (A), the highest penalties shall be reserved 
for willful failures to meet any of the conditions of the 
petition that involve harm to United States workers.
  (D) In this paragraph, the term ``substantial failure'' means 
the willful failure to comply with the requirements of this 
section that constitutes a significant deviation from the terms 
and conditions of a petition.
  (d)(1) A visa shall not be issued under the provisions of 
section 101(a)(15)(K)(i) until the consular officer has 
received a petition filed in the United States by the fiancee 
or fiance of the applying alien and approved by the Secretary 
of Homeland Security. The petition shall be in such form and 
contain such information as the Secretary of Homeland Security 
shall, by regulation, prescribe. Such information shall include 
information on any criminal convictions of the petitioner for 
any specified crime described in paragraph (3)(B) and 
information on any permanent protection or restraining order 
issued against the petitioner related to any specified crime 
described in paragraph (3)(B)(i). It shall be approved only 
after satisfactory evidence is submitted by the petitioner to 
establish that the parties have previously met in person within 
2 years before the date of filing the petition, have a bona 
fide intention to marry, and are legally able and actually 
willing to conclude a valid marriage in the United States 
within a period of ninety days after the alien's arrival, 
except that the Secretary of Homeland Security in his 
discretion may waive the requirement that the parties have 
previously met in person. In the event the marriage with the 
petitioner does not occur within three months after the 
admission of the said alien and minor children, they shall be 
required to depart from the United States and upon failure to 
do so shall be removed in accordance with sections 240 and 241.
  (2)(A) Subject to subparagraphs (B) and (C), the Secretary of 
Homeland Security may not approve a petition under paragraph 
(1) unless the Secretary has verified that--
          (i) the petitioner has not, previous to the pending 
        petition, petitioned under paragraph (1) with respect 
        to two or more applying aliens; and
          (ii) if the petitioner has had such a petition 
        previously approved, 2 years have elapsed since the 
        filing of such previously approved petition.
  (B) The Secretary of Homeland Security may, in the 
Secretary's discretion, waive the limitations in subparagraph 
(A) if justification exists for such a waiver. Except in 
extraordinary circumstances and subject to subparagraph (C), 
such a waiver shall not be granted if the petitioner has a 
record of violent criminal offenses against a person or 
persons.
  (C)(i) The Secretary of Homeland Security is not limited by 
the criminal court record and shall grant a waiver of the 
condition described in the second sentence of subparagraph (B) 
in the case of a petitioner described in clause (ii).
  (ii) A petitioner described in this clause is a petitioner 
who has been battered or subjected to extreme cruelty and who 
is or was not the primary perpetrator of violence in the 
relationship upon a determination that--
          (I) the petitioner was acting in self-defense;
          (II) the petitioner was found to have violated a 
        protection order intended to protect the petitioner; or
          (III) the petitioner committed, was arrested for, was 
        convicted of, or pled guilty to committing a crime that 
        did not result in serious bodily injury and where there 
        was a connection between the crime and the petitioner's 
        having been battered or subjected to extreme cruelty.
  (iii) In acting on applications under this subparagraph, the 
Secretary of Homeland Security shall consider any credible 
evidence relevant to the application. The determination of what 
evidence is credible and the weight to be given that evidence 
shall be within the sole discretion of the Secretary.
  (3) In this subsection:
          (A) The terms ``domestic violence'', ``sexual 
        assault'', ``child abuse and neglect'', ``dating 
        violence'', ``elder abuse'', and ``stalking'' have the 
        meaning given such terms in section 3 of the Violence 
        Against Women and Department of Justice Reauthorization 
        Act of 2005.
          (B) The term ``specified crime'' means the following:
                  (i) Domestic violence, sexual assault, child 
                abuse and neglect, dating violence, elder 
                abuse, stalking, or an attempt to commit any 
                such crime.
                  (ii) Homicide, murder, manslaughter, rape, 
                abusive sexual contact, sexual exploitation, 
                incest, torture, trafficking, peonage, holding 
                hostage, involuntary servitude, slave trade, 
                kidnapping, abduction, unlawful criminal 
                restraint, false imprisonment, or an attempt to 
                commit any of the crimes described in this 
                clause.
                  (iii) At least three convictions for crimes 
                relating to a controlled substance or alcohol 
                not arising from a single act.
  (e)(1) Notwithstanding any other provision of this Act, an 
alien who is a citizen of Canada and seeks to enter the United 
States under and pursuant to the provisions of Annex 1502.1 
(United States of America), Part C--Professionals, of the 
United States-Canada Free-Trade Agreement to engage in business 
activities at a professional level as provided for therein may 
be admitted for such purpose under regulations of the Attorney 
General promulgated after consultation with the Secretaries of 
State and Labor.
  (2) An alien who is a citizen of Canada or Mexico, and the 
spouse and children of any such alien if accompanying or 
following to join such alien, who seeks to enter the United 
States under and pursuant to the provisions of Section D of 
Annex 1603 of the North American Free Trade Agreement (in this 
subsection referred to as ``NAFTA'') to engage in business 
activities at a professional level as provided for in such 
Annex, may be admitted for such purpose under regulations of 
the Attorney General promulgated after consultation with the 
Secretaries of State and Labor. For purposes of this Act, 
including the issuance of entry documents and the application 
of subsection (b), such alien shall be treated as if seeking 
classification, or classifiable, as a nonimmigrant under 
section 101(a)(15). The admission of an alien who is a citizen 
of Mexico shall be subject to paragraphs (3), (4), and (5). For 
purposes of this paragraph and paragraphs (3), (4), and (5), 
the term ``citizen of Mexico'' means ``citizen'' as defined in 
Annex 1608 of NAFTA.
  (3) The Attorney General shall establish an annual numerical 
limit on admissions under paragraph (2) of aliens who are 
citizens of Mexico, as set forth in Appendix 1603.D.4 of Annex 
1603 of the NAFTA. Subject to paragraph (4), the annual 
numerical limit--
          (A) beginning with the second year that NAFTA is in 
        force, may be increased in accordance with the 
        provisions of paragraph 5(a) of Section D of such 
        Annex, and
          (B) shall cease to apply as provided for in paragraph 
        3 of such Appendix.
  (4) The annual numerical limit referred to in paragraph (3) 
may be increased or shall cease to apply (other than by 
operation of paragraph 3 of such Appendix) only if--
          (A) the President has obtained advice regarding the 
        proposed action from the appropriate advisory 
        committees established under section 135 of the Trade 
        Act of 1974 (19 U.S.C. 2155);
          (B) the President has submitted a report to the 
        Committee on the Judiciary of the Senate and the 
        Committee on the Judiciary of the House of 
        Representatives that sets forth--
                  (i) the action proposed to be taken and the 
                reasons therefor, and
                  (ii) the advice obtained under subparagraph 
                (A);
          (C) a period of at least 60 calendar days that begins 
        on the first day on which the President has met the 
        requirements of subparagraphs (A) and (B) with respect 
        to such action has expired; and
          (D) the President has consulted with such committees 
        regarding the proposed action during the period 
        referred to in subparagraph (C).
  (5) During the period that the provisions of Appendix 
1603.D.4 of Annex 1603 of the NAFTA apply, the entry of an 
alien who is a citizen of Mexico under and pursuant to the 
provisions of Section D of Annex 1603 of NAFTA shall be subject 
to the attestation requirement of section 212(m), in the case 
of a registered nurse, or the application requirement of 
section 212(n), in the case of all other professions set out in 
Appendix 1603.D.1 of Annex 1603 of NAFTA, and the petition 
requirement of subsection (c), to the extent and in the manner 
prescribed in regulations promulgated by the Secretary of 
Labor, with respect to sections 212(m) and 212(n), and the 
Attorney General, with respect to subsection (c).
  (6) In the case of an alien spouse admitted under section 
101(a)(15)(E), who is accompanying or following to join a 
principal alien admitted under such section, the Attorney 
General shall authorize the alien spouse to engage in 
employment in the United States and provide the spouse with an 
``employment authorized'' endorsement or other appropriate work 
permit.
  (f)(1) Except as provided in paragraph (3), no alien shall be 
entitled to nonimmigrant status described in section 
101(a)(15)(D) if the alien intends to land for the purpose of 
performing service on board a vessel of the United States (as 
defined in section 2101(46) of title 46, United States Code) or 
on an aircraft of an air carrier (as defined in section 
40102(a)(2) of title 49, United States Code) during a labor 
dispute where there is a strike or lockout in the bargaining 
unit of the employer in which the alien intends to perform such 
service.
  (2) An alien described in paragraph (1)--
          (A) may not be paroled into the United States 
        pursuant to section 212(d)(5) unless the Attorney 
        General determines that the parole of such alien is 
        necessary to protect the national security of the 
        United States; and
          (B) shall be considered not to be a bona fide crewman 
        for purposes of section 252(b).
  (3) Paragraph (1) shall not apply to an alien if the air 
carrier or owner or operator of such vessel that employs the 
alien provides documentation that satisfies the Attorney 
General that the alien--
          (A) has been an employee of such employer for a 
        period of not less than 1 year preceding the date that 
        a strike or lawful lockout commenced;
          (B) has served as a qualified crewman for such 
        employer at least once in each of 3 months during the 
        12-month period preceding such date; and
          (C) shall continue to provide the same services that 
        such alien provided as such a crewman.
  (g)(1) The total number of aliens who may be issued visas or 
otherwise provided nonimmigrant status during any fiscal year 
(beginning with fiscal year 1992)--
          (A) under section 101(a)(15)(H)(i)(b), may not 
        exceed--
                  (i) 65,000 in each fiscal year before fiscal 
                year 1999;
                  (ii) 115,000 in fiscal year 1999;
                  (iii) 115,000 in fiscal year 2000;
                  (iv) 195,000 in fiscal year 2001;
                  (v) 195,000 in fiscal year 2002;
                  (vi) 195,000 in fiscal year 2003; and
                  (vii) 65,000 in each succeeding fiscal year; 
                or
          (B) under section 101(a)(15)(H)(ii)(b) may not exceed 
        66,000.
  (2) The numerical limitations of paragraph (1) shall only 
apply to principal aliens and not to the spouses or children of 
such aliens.
  (3) Aliens who are subject to the numerical limitations of 
paragraph (1) shall be issued visas (or otherwise provided 
nonimmigrant status) in the order in which petitions are filed 
for such visas or status. If an alien who was issued a visa or 
otherwise provided nonimmigrant status and counted against the 
numerical limitations of paragraph (1) is found to have been 
issued such visa or otherwise provided such status by fraud or 
willfully misrepresenting a material fact and such visa or 
nonimmigrant status is revoked, then one number shall be 
restored to the total number of aliens who may be issued visas 
or otherwise provided such status under the numerical 
limitations of paragraph (1) in the fiscal year in which the 
petition is revoked, regardless of the fiscal year in which the 
petition was approved.
  (4) In the case of a nonimmigrant described in section 
101(a)(15)(H)(i)(b), the period of authorized admission as such 
a nonimmigrant may not exceed 6 years.
  (5) The numerical limitations contained in paragraph (1)(A) 
shall not apply to any nonimmigrant alien issued a visa or 
otherwise provided status under section 101(a)(15)(H)(i)(b) 
who--
          (A) is employed (or has received an offer of 
        employment) at an institution of higher education (as 
        defined in section 101(a) of the Higher Education Act 
        of 1965 (20 U.S.C. 1001(a))), or a related or 
        affiliated nonprofit entity;
          (B) is employed (or has received an offer of 
        employment) at a nonprofit research organization or a 
        governmental research organization; or
          (C) has earned a master's or higher degree from a 
        United States institution of higher education (as 
        defined in section 101(a) of the Higher Education Act 
        of 1965 (20 U.S.C. 1001(a)), until the number of aliens 
        who are exempted from such numerical limitation during 
        such year exceeds 20,000.
  (6) Any alien who ceases to be employed by an employer 
described in paragraph (5)(A) shall, if employed as a 
nonimmigrant alien described in section 101(a)(15)(H)(i)(b), 
who has not previously been counted toward the numerical 
limitations contained in paragraph (1)(A), be counted toward 
those limitations the first time the alien is employed by an 
employer other than one described in paragraph (5).
  (7) Any alien who has already been counted, within the 6 
years prior to the approval of a petition described in 
subsection (c), toward the numerical limitations of paragraph 
(1)(A) shall not again be counted toward those limitations 
unless the alien would be eligible for a full 6 years of 
authorized admission at the time the petition is filed. Where 
multiple petitions are approved for 1 alien, that alien shall 
be counted only once.
  (8)(A) The agreements referred to in section 
101(a)(15)(H)(i)(b1) are--
          (i) the United States-Chile Free Trade Agreement; and
          (ii) the United States-Singapore Free Trade 
        Agreement.
  (B)(i) The Secretary of Homeland Security shall establish 
annual numerical limitations on approvals of initial 
applications by aliens for admission under section 
101(a)(15)(H)(i)(b1).
  (ii) The annual numerical limitations described in clause (i) 
shall not exceed--
          (I) 1,400 for nationals of Chile (as defined in 
        article 14.9 of the United States-Chile Free Trade 
        Agreement) for any fiscal year; and
          (II) 5,400 for nationals of Singapore (as defined in 
        Annex 1A of the United States-Singapore Free Trade 
        Agreement) for any fiscal year.
  (iii) The annual numerical limitations described in clause 
(i) shall only apply to principal aliens and not to the spouses 
or children of such aliens.
  (iv) The annual numerical limitation described in paragraph 
(1)(A) is reduced by the amount of the annual numerical 
limitations established under clause (i). However, if a 
numerical limitation established under clause (i) has not been 
exhausted at the end of a given fiscal year, the Secretary of 
Homeland Security shall adjust upwards the numerical limitation 
in paragraph (1)(A) for that fiscal year by the amount 
remaining in the numerical limitation under clause (i). Visas 
under section 101(a)(15)(H)(i)(b) may be issued pursuant to 
such adjustment within the first 45 days of the next fiscal 
year to aliens who had applied for such visas during the fiscal 
year for which the adjustment was made.
  (C) The period of authorized admission as a nonimmigrant 
under section 101(a)(15)(H)(i)(b1) shall be 1 year, and may be 
extended, but only in 1-year increments. After every second 
extension, the next following extension shall not be granted 
unless the Secretary of Labor had determined and certified to 
the Secretary of Homeland Security and the Secretary of State 
that the intending employer has filed with the Secretary of 
Labor an attestation under section 212(t)(1) for the purpose of 
permitting the nonimmigrant to obtain such extension.
  (D) The numerical limitation described in paragraph (1)(A) 
for a fiscal year shall be reduced by one for each alien 
granted an extension under subparagraph (C) during such year 
who has obtained 5 or more consecutive prior extensions.
  (9)(A) Subject to subparagraphs (B) and (C), an alien who has 
already been counted toward the numerical limitation of 
paragraph (1)(B) during fiscal year 2013, 2014, or 2015 shall 
not again be counted toward such limitation during fiscal year 
2016. Such an alien shall be considered a returning worker.
  (B) A petition to admit or otherwise provide status under 
section 101(a)(15)(H)(ii)(b) shall include, with respect to a 
returning worker--
          (i) all information and evidence that the Secretary 
        of Homeland Security determines is required to support 
        a petition for status under section 
        101(a)(15)(H)(ii)(b);
          (ii) the full name of the alien; and
          (iii) a certification to the Department of Homeland 
        Security that the alien is a returning worker.
  (C) An H-2B visa or grant of nonimmigrant status for a 
returning worker shall be approved only if the alien is 
confirmed to be a returning worker by--
          (i) the Department of State; or
          (ii) if the alien is visa exempt or seeking to change 
        to status under section 101 (a)(15)(H)(ii)(b), the 
        Department of Homeland Security.
  (10) The numerical limitations of paragraph (1)(B) shall be 
allocated for a fiscal year so that the total number of aliens 
subject to such numerical limits who enter the United States 
pursuant to a visa or are accorded nonimmigrant status under 
section 101(a)(15)(H)(ii)(b) during the first 6 months of such 
fiscal year is not more than 33,000.
  (11)(A) The Secretary of State may not approve a number of 
initial applications submitted for aliens described in section 
101(a)(15)(E)(iii) that is more than the applicable numerical 
limitation set out in this paragraph.
  (B) The applicable numerical limitation referred to in 
subparagraph (A) is 10,500 for each fiscal year.
  (C) The applicable numerical limitation referred to in 
subparagraph (A) shall only apply to principal aliens and not 
to the spouses or children of such aliens.
  (h) The fact that an alien is the beneficiary of an 
application for a preference status filed under section 204 or 
has otherwise sought permanent residence in the United States 
shall not constitute evidence of an intention to abandon a 
foreign residence for purposes of obtaining a visa as a 
nonimmigrant described in subparagraph (H)(i)(b) or (c), (L), 
or (V) of section 101(a)(15) or otherwise obtaining or 
maintaining the status of a nonimmigrant described in such 
subparagraph, if the alien had obtained a change of status 
under section 248 to a classification as such a nonimmigrant 
before the alien's most recent departure from the United 
States.
  (i)(1) Except as provided in paragraph (3), for purposes of 
section 101(a)(15)(H)(i)(b), section 101(a)(15)(E)(iii), and 
paragraph (2), the term ``specialty occupation'' means an 
occupation that requires--
          (A) theoretical and practical application of a body 
        of highly specialized knowledge, and
          (B) attainment of a bachelor's or higher degree in 
        the specific specialty (or its equivalent) as a minimum 
        for entry into the occupation in the United States.
  (2) For purposes of section 101(a)(15)(H)(i)(b), the 
requirements of this paragraph, with respect to a specialty 
occupation, are--
          (A) full state licensure to practice in the 
        occupation, if such licensure is required to practice 
        in the occupation,
          (B) completion of the degree described in paragraph 
        (1)(B) for the occupation, or
          (C)(i) experience in the specialty equivalent to the 
        completion of such degree, and (ii) recognition of 
        expertise in the specialty through progressively 
        responsible positions relating to the specialty.
  (3) For purposes of section 101(a)(15)(H)(i)(b1), the term 
``specialty occupation'' means an occupation that requires--
          (A) theoretical and practical application of a body 
        of specialized knowledge; and
          (B) attainment of a bachelor's or higher degree in 
        the specific specialty (or its equivalent) as a minimum 
        for entry into the occupation in the United States.
  (j)(1) Notwithstanding any other provision of this Act, an 
alien who is a citizen of Canada or Mexico who seeks to enter 
the United States under and pursuant to the provisions of 
Section B, Section C, or Section D of Annex 1603 of the North 
American Free Trade Agreement, shall not be classified as a 
nonimmigrant under such provisions if there is in progress a 
strike or lockout in the course of a labor dispute in the 
occupational classification at the place or intended place of 
employment, unless such alien establishes, pursuant to 
regulations promulgated by the Attorney General, that the 
alien's entry will not affect adversely the settlement of the 
strike or lockout or the employment of any person who is 
involved in the strike or lockout. Notice of a determination 
under this paragraph shall be given as may be required by 
paragraph 3 of article 1603 of such Agreement. For purposes of 
this paragraph, the term ``citizen of Mexico'' means 
``citizen'' as defined in Annex 1608 of such Agreement.
  (2) Notwithstanding any other provision of this Act except 
section 212(t)(1), and subject to regulations promulgated by 
the Secretary of Homeland Security, an alien who seeks to enter 
the United States under and pursuant to the provisions of an 
agreement listed in subsection (g)(8)(A), and the spouse and 
children of such an alien if accompanying or following to join 
the alien, may be denied admission as a nonimmigrant under 
subparagraph (E), (L), or (H)(i)(b1) of section 101(a)(15) if 
there is in progress a labor dispute in the occupational 
classification at the place or intended place of employment, 
unless such alien establishes, pursuant to regulations 
promulgated by the Secretary of Homeland Security after 
consultation with the Secretary of Labor, that the alien's 
entry will not affect adversely the settlement of the labor 
dispute or the employment of any person who is involved in the 
labor dispute. Notice of a determination under this paragraph 
shall be given as may be required by such agreement.
  (k)(1) The number of aliens who may be provided a visa as 
nonimmigrants under section 101(a)(15)(S)(i) in any fiscal year 
may not exceed 200. The number of aliens who may be provided a 
visa as nonimmigrants under section 101(a)(15)(S)(ii) in any 
fiscal year may not exceed 50.
  (2) The period of admission of an alien as such a 
nonimmigrant may not exceed 3 years. Such period may not be 
extended by the Attorney General.
  (3) As a condition for the admission, and continued stay in 
lawful status, of such a nonimmigrant, the nonimmigrant--
          (A) shall report not less often than quarterly to the 
        Attorney General such information concerning the 
        alien's whereabouts and activities as the Attorney 
        General may require;
          (B) may not be convicted of any criminal offense 
        punishable by a term of imprisonment of 1 year or more 
        after the date of such admission;
          (C) must have executed a form that waives the 
        nonimmigrant's right to contest, other than on the 
        basis of an application for withholding of removal, any 
        action for removal of the alien instituted before the 
        alien obtains lawful permanent resident status; and
          (D) shall abide by any other condition, limitation, 
        or restriction imposed by the Attorney General.
  (4) The Attorney General shall submit a report annually to 
the Committee on the Judiciary of the House of Representatives 
and the Committee on the Judiciary of the Senate concerning--
          (A) the number of such nonimmigrants admitted;
          (B) the number of successful criminal prosecutions or 
        investigations resulting from cooperation of such 
        aliens;
          (C) the number of terrorist acts prevented or 
        frustrated resulting from cooperation of such aliens;
          (D) the number of such nonimmigrants whose admission 
        or cooperation has not resulted in successful criminal 
        prosecution or investigation or the prevention or 
        frustration of a terrorist act; and
          (E) the number of such nonimmigrants who have failed 
        to report quarterly (as required under paragraph (3)) 
        or who have been convicted of crimes in the United 
        States after the date of their admission as such a 
        nonimmigrant.
  (l)(1) In the case of a request by an interested State 
agency, or by an interested Federal agency, for a waiver of the 
2-year foreign residence requirement under section 212(e) on 
behalf of an alien described in clause (iii) of such section, 
the Attorney General shall not grant such waiver unless--
          (A) in the case of an alien who is otherwise 
        contractually obligated to return to a foreign country, 
        the government of such country furnishes the Director 
        of the United States Information Agency with a 
        statement in writing that it has no objection to such 
        waiver;
          (B) in the case of a request by an interested State 
        agency, the grant of such waiver would not cause the 
        number of waivers allotted for that State for that 
        fiscal year to exceed 30;
          (C) in the case of a request by an interested Federal 
        agency or by an interested State agency--
                  (i) the alien demonstrates a bona fide offer 
                of full-time employment at a health facility or 
                health care organization, which employment has 
                been determined by the Attorney General to be 
                in the public interest; and
                  (ii) the alien agrees to begin employment 
                with the health facility or health care 
                organization within 90 days of receiving such 
                waiver, and agrees to continue to work for a 
                total of not less than 3 years (unless the 
                Attorney General determines that extenuating 
                circumstances exist, such as closure of the 
                facility or hardship to the alien, which would 
                justify a lesser period of employment at such 
                health facility or health care organization, in 
                which case the alien must demonstrate another 
                bona fide offer of employment at a health 
                facility or health care organization for the 
                remainder of such 3-year period); and
          (D) in the case of a request by an interested Federal 
        agency (other than a request by an interested Federal 
        agency to employ the alien full-time in medical 
        research or training) or by an interested State agency, 
        the alien agrees to practice primary care or specialty 
        medicine in accordance with paragraph (2) for a total 
        of not less than 3 years only in the geographic area or 
        areas which are designated by the Secretary of Health 
        and Human Services as having a shortage of health care 
        professionals, except that--
                  (i) in the case of a request by the 
                Department of Veterans Affairs, the alien shall 
                not be required to practice medicine in a 
                geographic area designated by the Secretary;
                  (ii) in the case of a request by an 
                interested State agency, the head of such State 
                agency determines that the alien is to practice 
                medicine under such agreement in a facility 
                that serves patients who reside in one or more 
                geographic areas so designated by the Secretary 
                of Health and Human Services (without regard to 
                whether such facility is located within such a 
                designated geographic area), and the grant of 
                such waiver would not cause the number of the 
                waivers granted on behalf of aliens for such 
                State for a fiscal year (within the limitation 
                in subparagraph (B)) in accordance with the 
                conditions of this clause to exceed 10; and
                  (iii) in the case of a request by an 
                interested Federal agency or by an interested 
                State agency for a waiver for an alien who 
                agrees to practice specialty medicine in a 
                facility located in a geographic area so 
                designated by the Secretary of Health and Human 
                Services, the request shall demonstrate, based 
                on criteria established by such agency, that 
                there is a shortage of health care 
                professionals able to provide services in the 
                appropriate medical specialty to the patients 
                who will be served by the alien.
          (2)(A) Notwithstanding section 248(a)(2), the 
        Attorney General may change the status of an alien who 
        qualifies under this subsection and section 212(e) to 
        that of an alien described in section 
        101(a)(15)(H)(i)(b). The numerical limitations 
        contained in subsection (g)(1)(A) shall not apply to 
        any alien whose status is changed under the preceding 
        sentence, if the alien obtained a waiver of the 2-year 
        foreign residence requirement upon a request by an 
        interested Federal agency or an interested State 
        agency.
          (B) No person who has obtained a change of status 
        under subparagraph (A) and who has failed to fulfill 
        the terms of the contract with the health facility or 
        health care organization named in the waiver 
        application shall be eligible to apply for an immigrant 
        visa, for permanent residence, or for any other change 
        of nonimmigrant status, until it is established that 
        such person has resided and been physically present in 
        the country of his nationality or his last residence 
        for an aggregate of at least 2 years following 
        departure from the United States.
          (3) Notwithstanding any other provision of this 
        subsection, the 2-year foreign residence requirement 
        under section 212(e) shall apply with respect to an 
        alien described in clause (iii) of such section, who 
        has not otherwise been accorded status under section 
        101(a)(27)(H), if--
                  (A) at any time the alien ceases to comply 
                with any agreement entered into under 
                subparagraph (C) or (D) of paragraph (1); or
                  (B) the alien's employment ceases to benefit 
                the public interest at any time during the 3-
                year period described in paragraph (1)(C).
  (m)(1) An alien may not be accorded status as a nonimmigrant 
under clause (i) or (iii) of section 101(a)(15)(F) in order to 
pursue a course of study--
          (A) at a public elementary school or in a publicly 
        funded adult education program; or
          (B) at a public secondary school unless--
                  (i) the aggregate period of such status at 
                such a school does not exceed 12 months with 
                respect to any alien, and (ii) the alien 
                demonstrates that the alien has reimbursed the 
                local educational agency that administers the 
                school for the full, unsubsidized per capita 
                cost of providing education at such school for 
                the period of the alien's attendance.
  (2) An alien who obtains the status of a nonimmigrant under 
clause (i) or (iii) of section 101(a)(15)(F) in order to pursue 
a course of study at a private elementary or secondary school 
or in a language training program that is not publicly funded 
shall be considered to have violated such status, and the 
alien's visa under section 101(a)(15)(F) shall be void, if the 
alien terminates or abandons such course of study at such a 
school and undertakes a course of study at a public elementary 
school, in a publicly funded adult education program, in a 
publicly funded adult education language training program, or 
at a public secondary school (unless the requirements of 
paragraph (1)(B) are met).
  (n)(1) A nonimmigrant alien described in paragraph (2) who 
was previously issued a visa or otherwise provided nonimmigrant 
status under section 101(a)(15)(H)(i)(b) is authorized to 
accept new employment upon the filing by the prospective 
employer of a new petition on behalf of such nonimmigrant as 
provided under subsection (a). Employment authorization shall 
continue for such alien until the new petition is adjudicated. 
If the new petition is denied, such authorization shall cease.
  (2) A nonimmigrant alien described in this paragraph is a 
nonimmigrant alien--
          (A) who has been lawfully admitted into the United 
        States;
          (B) on whose behalf an employer has filed a 
        nonfrivolous petition for new employment before the 
        date of expiration of the period of stay authorized by 
        the Attorney General; and
          (C) who, subsequent to such lawful admission, has not 
        been employed without authorization in the United 
        States before the filing of such petition.
  (o)(1) No alien shall be eligible for admission to the United 
States under section 101(a)(15)(T) if there is substantial 
reason to believe that the alien has committed an act of a 
severe form of trafficking in persons (as defined in section 
103 of the Trafficking Victims Protection Act of 2000).
  (2) The total number of aliens who may be issued visas or 
otherwise provided nonimmigrant status during any fiscal year 
under section 101(a)(15)(T) may not exceed 5,000.
  (3) The numerical limitation of paragraph (2) shall only 
apply to principal aliens and not to the spouses, sons, 
daughters, siblings, or parents of such aliens.
  (4) An unmarried alien who seeks to accompany, or follow to 
join, a parent granted status under section 101(a)(15)(T)(i), 
and who was under 21 years of age on the date on which such 
parent applied for such status, shall continue to be classified 
as a child for purposes of section 101(a)(15)(T)(ii), if the 
alien attains 21 years of age after such parent's application 
was filed but while it was pending.
  (5) An alien described in clause (i) of section 101(a)(15)(T) 
shall continue to be treated as an alien described in clause 
(ii)(I) of such section if the alien attains 21 years of age 
after the alien's application for status under such clause (i) 
is filed but while it is pending.
  (6) In making a determination under section 
101(a)(15)(T)(i)(III)(aa) with respect to an alien, statements 
from State and local law enforcement officials that the alien 
has complied with any reasonable request for assistance in the 
investigation or prosecution of crimes such as kidnapping, 
rape, slavery, or other forced labor offenses, where severe 
forms of trafficking in persons (as defined in section 103 of 
the Trafficking Victims Protection Act of 2000) appear to have 
been involved, shall be considered.
  (7)(A) Except as provided in subparagraph (B), an alien who 
is issued a visa or otherwise provided nonimmigrant status 
under section 101(a)(15)(T) may be granted such status for a 
period of not more than 4 years.
  (B) An alien who is issued a visa or otherwise provided 
nonimmigrant status under section 101(a)(15)(T) may extend the 
period of such status beyond the period described in 
subparagraph (A) if--
          (i) a Federal, State, or local law enforcement 
        official, prosecutor, judge, or other authority 
        investigating or prosecuting activity relating to human 
        trafficking or certifies that the presence of the alien 
        in the United States is necessary to assist in the 
        investigation or prosecution of such activity;
          (ii) the alien is eligible for relief under section 
        245(l) and is unable to obtain such relief because 
        regulations have not been issued to implement such 
        section; or
          (iii) the Secretary of Homeland Security determines 
        that an extension of the period of such nonimmigrant 
        status is warranted due to exceptional circumstances.
  (C) Nonimmigrant status under section 101(a)(15)(T) shall be 
extended during the pendency of an application for adjustment 
of status under section 245(l).
  (p) Requirements Applicable to Section 101(a)(15)(U) Visas.--
          (1) Petitioning procedures for section 101(a)(15)(u) 
        visas.--The petition filed by an alien under section 
        101(a)(15)(U)(i) shall contain a certification from a 
        Federal, State, or local law enforcement official, 
        prosecutor, judge, or other Federal, State, or local 
        authority investigating criminal activity described in 
        section 101(a)(15)(U)(iii). This certification may also 
        be provided by an official of the Service whose ability 
        to provide such certification is not limited to 
        information concerning immigration violations. This 
        certification shall state that the alien ``has been 
        helpful, is being helpful, or is likely to be helpful'' 
        in the investigation or prosecution of criminal 
        activity described in section 101(a)(15)(U)(iii).
          (2) Numerical limitations.--
                  (A) The number of aliens who may be issued 
                visas or otherwise provided status as 
                nonimmigrants under section 101(a)(15)(U) in 
                any fiscal year shall not exceed 10,000.
                  (B) The numerical limitations in subparagraph 
                (A) shall only apply to principal aliens 
                described in section 101(a)(15)(U)(i), and not 
                to spouses, children, or, in the case of alien 
                children, the alien parents of such children.
          (3) Duties of the attorney general with respect to 
        ``u'' visa nonimmigrants.--With respect to nonimmigrant 
        aliens described in subsection (a)(15)(U)--
                  (A) the Attorney General and other government 
                officials, where appropriate, shall provide 
                those aliens with referrals to nongovernmental 
                organizations to advise the aliens regarding 
                their options while in the United States and 
                the resources available to them; and
                  (B) the Attorney General shall, during the 
                period those aliens are in lawful temporary 
                resident status under that subsection, provide 
                the aliens with employment authorization.
          (4) Credible evidence considered.--In acting on any 
        petition filed under this subsection, the consular 
        officer or the Attorney General, as appropriate, shall 
        consider any credible evidence relevant to the 
        petition.
          (5) Nonexclusive relief.--Nothing in this subsection 
        limits the ability of aliens who qualify for status 
        under section 101(a)(15)(U) to seek any other 
        immigration benefit or status for which the alien may 
        be eligible.
          (6) Duration of status.--The authorized period of 
        status of an alien as a nonimmigrant under section 
        101(a)(15)(U) shall be for a period of not more than 4 
        years, but shall be extended upon certification from a 
        Federal, State, or local law enforcement official, 
        prosecutor, judge, or other Federal, State, or local 
        authority investigating or prosecuting criminal 
        activity described in section 101(a)(15)(U)(iii) that 
        the alien's presence in the United States is required 
        to assist in the investigation or prosecution of such 
        criminal activity. The Secretary of Homeland Security 
        may extend, beyond the 4-year period authorized under 
        this section, the authorized period of status of an 
        alien as a nonimmigrant under section 101(a)(15)(U) if 
        the Secretary determines that an extension of such 
        period is warranted due to exceptional circumstances. 
        Such alien's nonimmigrant status shall be extended 
        beyond the 4-year period authorized under this section 
        if the alien is eligible for relief under section 
        245(m) and is unable to obtain such relief because 
        regulations have not been issued to implement such 
        section and shall be extended during the pendency of an 
        application for adjustment of status under section 
        245(m). The Secretary may grant work authorization to 
        any alien who has a pending, bona fide application for 
        nonimmigrant status under section 101(a)(15)(U).
          (7) Age determinations.--
                  (A) Children.--An unmarried alien who seeks 
                to accompany, or follow to join, a parent 
                granted status under section 101(a)(15)(U)(i), 
                and who was under 21 years of age on the date 
                on which such parent petitioned for such 
                status, shall continue to be classified as a 
                child for purposes of section 
                101(a)(15)(U)(ii), if the alien attains 21 
                years of age after such parent's petition was 
                filed but while it was pending.
                  (B) Principal aliens.--An alien described in 
                clause (i) of section 101(a)(15)(U) shall 
                continue to be treated as an alien described in 
                clause (ii)(I) of such section if the alien 
                attains 21 years of age after the alien's 
                application for status under such clause (i) is 
                filed but while it is pending.
  (q)(1) In the case of a nonimmigrant described in section 
101(a)(15)(V)--
          (A) the Attorney General shall authorize the alien to 
        engage in employment in the United States during the 
        period of authorized admission and shall provide the 
        alien with an ``employment authorized'' endorsement or 
        other appropriate document signifying authorization of 
        employment; and
          (B) the period of authorized admission as such a 
        nonimmigrant shall terminate 30 days after the date on 
        which any of the following is denied:
                  (i) The petition filed under section 204 to 
                accord the alien a status under section 
                203(a)(2)(A) (or, in the case of a child 
                granted nonimmigrant status based on 
                eligibility to receive a visa under section 
                203(d), the petition filed to accord the 
                child's parent a status under section 
                203(a)(2)(A)).
                  (ii) The alien's application for an immigrant 
                visa pursuant to the approval of such petition.
                  (iii) The alien's application for adjustment 
                of status under section 245 pursuant to the 
                approval of such petition.
  (2) In determining whether an alien is eligible to be 
admitted to the United States as a nonimmigrant under section 
101(a)(15)(V), the grounds for inadmissibility specified in 
section 212(a)(9)(B) shall not apply.
  (3) The status of an alien physically present in the United 
States may be adjusted by the Attorney General, in the 
discretion of the Attorney General and under such regulations 
as the Attorney General may prescribe, to that of a 
nonimmigrant under section 101(a)(15)(V), if the alien--
          (A) applies for such adjustment;
          (B) satisfies the requirements of such section; and
          (C) is eligible to be admitted to the United States, 
        except in determining such admissibility, the grounds 
        for inadmissibility specified in paragraphs (6)(A), 
        (7), and (9)(B) of section 212(a) shall not apply.
  (r)(1) A visa shall not be issued under the provisions of 
section 101(a)(15)(K)(ii) until the consular officer has 
received a petition filed in the United States by the spouse of 
the applying alien and approved by the Attorney General. The 
petition shall be in such form and contain such information as 
the Attorney General shall, by regulation, prescribe. Such 
information shall include information on any criminal 
convictions of the petitioner for any specified crime described 
in paragraph (5)(B) and information on any permanent protection 
or restraining order issued against the petitioner related to 
any specified crime described in subsection (5)(B)(i).
  (2) In the case of an alien seeking admission under section 
101(a)(15)(K)(ii) who concluded a marriage with a citizen of 
the United States outside the United States, the alien shall be 
considered inadmissible under section 212(a)(7)(B) if the alien 
is not at the time of application for admission in possession 
of a valid nonimmigrant visa issued by a consular officer in 
the foreign state in which the marriage was concluded.
  (3) In the case of a nonimmigrant described in section 
101(a)(15)(K)(ii), and any child of such a nonimmigrant who was 
admitted as accompanying, or following to join, such a 
nonimmigrant, the period of authorized admission shall 
terminate 30 days after the date on which any of the following 
is denied:
          (A) The petition filed under section 204 to accord 
        the principal alien status under section 
        201(b)(2)(A)(i).
          (B) The principal alien's application for an 
        immigrant visa pursuant to the approval of such 
        petition.
          (C) The principal alien's application for adjustment 
        of status under section 245 pursuant to the approval of 
        such petition.
  (4)(A) The Secretary of Homeland Security shall create a 
database for the purpose of tracking multiple visa petitions 
filed for fiance(e)s and spouses under clauses (i) and (ii) of 
section 101(a)(15)(K). Upon approval of a second visa petition 
under section 101(a)(15)(K) for a fiance(e) or spouse filed by 
the same United States citizen petitioner, the petitioner shall 
be notified by the Secretary that information concerning the 
petitioner has been entered into the multiple visa petition 
tracking database. All subsequent fiance(e) or spouse 
nonimmigrant visa petitions filed by that petitioner under such 
section shall be entered in the database.
  (B)(i) Once a petitioner has had two fiance(e) or spousal 
petitions approved under clause (i) or (ii) of section 
101(a)(15)(K), if a subsequent petition is filed under such 
section less than 10 years after the date the first visa 
petition was filed under such section, the Secretary of 
Homeland Security shall notify both the petitioner and 
beneficiary of any such subsequent petition about the number of 
previously approved fiance(e) or spousal petitions listed in 
the database.
  (ii) To notify the beneficiary as required by clause (i), the 
Secretary of Homeland Security shall provide such notice to the 
Secretary of State for inclusion in the mailing to the 
beneficiary described in section 833(a)(5)(A)(i) of the 
International Marriage Broker Regulation Act of 2005 (8 U.S.C. 
1375a(a)(5)(A)(i)).
  (5) In this subsection:
          (A) The terms ``domestic violence'', ``sexual 
        assault'', ``child abuse and neglect'', ``dating 
        violence'', ``elder abuse'', and ``stalking'' have the 
        meaning given such terms in section 3 of the Violence 
        Against Women and Department of Justice Reauthorization 
        Act of 2005.
          (B) The term ``specified crime'' means the following:
                  (i) Domestic violence, sexual assault, child 
                abuse and neglect, dating violence, elder 
                abuse, stalking, or an attempt to commit any 
                such crime.
                  (ii) Homicide, murder, manslaughter, rape, 
                abusive sexual contact, sexual exploitation, 
                incest, torture, trafficking, peonage, holding 
                hostage, involuntary servitude, slave trade, 
                kidnapping, abduction, unlawful criminal 
                restraint, false imprisonment, or an attempt to 
                commit any of the crimes described in this 
                clause.
                  (iii) At least three convictions for crimes 
                relating to a controlled substance or alcohol 
                not arising from a single act.

           *       *       *       *       *       *       *


                  [ADMISSION OF TEMPORARY H-2A WORKERS

  [Sec. 218. (a) Conditions for Approval of H-2A Petitions.--
(1) A petition to import an alien as an H-2A worker (as defined 
in subsection (i)(2)) may not be approved by the Attorney 
General unless the petitioner has applied to the Secretary of 
Labor for a certification that--
          [(A) there are not sufficient workers who are able, 
        willing, and qualified, and who will be available at 
        the time and place needed, to perform the labor or 
        services involved in the petition, and
          [(B) the employment of the alien in such labor or 
        services will not adversely affect the wages and 
        working conditions of workers in the United States 
        similarly employed.
  [(2) The Secretary of Labor may require by regulation, as a 
condition of issuing the certification, the payment of a fee to 
recover the reasonable costs of processing applications for 
certification.
  [(b) Conditions for Denial of Labor Certification.--The 
Secretary of Labor may not issue a certification under 
subsection (a) with respect to an employer if the conditions 
described in that subsection are not met or if any of the 
following conditions are met:
          [(1) There is a strike or lockout in the course of a 
        labor dispute which, under the regulations, precludes 
        such certification.
          [(2)(A) The employer during the previous two-year 
        period employed H-2A workers and the Secretary of Labor 
        has determined, after notice and opportunity for a 
        hearing, that the employer at any time during that 
        period substantially violated a material term or 
        condition of the labor certification with respect to 
        the employment of domestic or nonimmigrant workers.
          [(B) No employer may be denied certification under 
        subparagraph (A) for more than three years for any 
        violation described in such subparagraph.
          [(3) The employer has not provided the Secretary with 
        satisfactory assurances that if the employment for 
        which the certification is sought is not covered by 
        State workers' compensation law, the employer will 
        provide, at no cost to the worker, insurance covering 
        injury and disease arising out of and in the course of 
        the worker's employment which will provide benefits at 
        least equal to those provided under the State workers' 
        compensation law for comparable employment.
          [(4) The Secretary determines that the employer has 
        not made positive recruitment efforts within a multi-
        state region of traditional or expected labor supply 
        where the Secretary finds that there are a significant 
        number of qualified United States workers who, if 
        recruited, would be willing to make themselves 
        available for work at the time and place needed. 
        Positive recruitment under this paragraph is in 
        addition to, and shall be conducted within the same 
        time period as, the circulation through the interstate 
        employment service system of the employer's job offer. 
        The obligation to engage in positive recruitment under 
        this paragraph shall terminate on the date the H-2A 
        workers depart for the employer's place of employment.
  [(c) Special Rules for Consideration of Applications.--The 
following rules shall apply in the case of the filing and 
consideration of an application for a labor certification under 
this section:
          [(1) Deadline for filing applications.--The Secretary 
        of Labor may not require that the application be filed 
        more than 45 days before the first date the employer 
        requires the labor or services of the H-2A worker.
          [(2) Notice within seven days of deficiencies.--(A) 
        The employer shall be notified in writing within seven 
        days of the date of filing if the application does not 
        meet the standards (other than that described in 
        subsection (a)(1)(A)) for approval.
          [(B) If the application does not meet such standards, 
        the notice shall include the reasons therefor and the 
        Secretary shall provide an opportunity for the prompt 
        resubmission of a modified application.
          [(3) Issuance of certification.--(A) The Secretary of 
        Labor shall make, not later than 30 days before the 
        date such labor or services are first required to be 
        performed, the certification described in subsection 
        (a)(1) if--
                  [(i) the employer has complied with the 
                criteria for certification (including criteria 
                for the recruitment of eligible individuals as 
                prescribed by the Secretary), and
                  [(ii) the employer does not actually have, or 
                has not been provided with referrals 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 Secretary.
        In considering the question of whether a specific 
        qualification is appropriate in a job offer, the 
        Secretary shall apply the normal and accepted 
        qualifications required by non-H-2A-employers in the 
        same or comparable occupations and crops.
          [(B)(i) For a period of 3 years subsequent to the 
        effective date of this section, labor certifications 
        shall remain effective only if, from the time the 
        foreign worker departs for the employer's place of 
        employment, the employer will provide employment to any 
        qualified United States worker who applies to the 
        employer until 50 percent of the period of the work 
        contract, under which the foreign worker who is in the 
        job was hired, has elapsed. In addition, the employer 
        will offer to provide benefits, wages and working 
        conditions required pursuant to this section and 
        regulations.
          [(ii) The requirement of clause (i) shall not apply 
        to any employer who--
                  [(I) did not, during any calendar quarter 
                during the preceding calendar year, use more 
                than 500 man-days of agricultural labor, as 
                defined in section 3(u) of the Fair Labor 
                Standards Act of 1938 (29 U.S.C. 203(u)),
                  [(II) is not a member of an association which 
                has petitioned for certification under this 
                section for its members, and
                  [(III) has not otherwise associated with 
                other employers who are petitioning for 
                temporary foreign workers under this section.
          [(iii) Six months before the end of the 3-year period 
        described in clause (i), the Secretary of Labor shall 
        consider the findings of the report mandated by section 
        403(a)(4)(D) of the Immigration Reform and Control Act 
        of 1986 as well as other relevant materials, including 
        evidence of benefits to United States workers and costs 
        to employers, addressing the advisability of continuing 
        a policy which requires an employer, as a condition for 
        certification under this section, to continue to accept 
        qualified, eligible United States workers for 
        employment after the date the H-2A workers depart for 
        work with the employer. The Secretary's review of such 
        findings and materials shall lead to the issuance of 
        findings in furtherance of the Congressional policy 
        that aliens not be admitted under this section unless 
        there are not sufficient workers in the United States 
        who are able, willing, and qualified to perform the 
        labor or service needed and that the employment of the 
        aliens in such labor or services will not adversely 
        affect the wages and working conditions of workers in 
        the United States similarly employed. In the absence of 
        the enactment of Federal legislation prior to three 
        months before the end of the 3-year period described in 
        clause (i) which addresses the subject matter of this 
        subparagraph, the Secretary shall immediately publish 
        the findings required by this clause, and shall 
        promulgate, on an interim or final basis, regulations 
        based on his findings which shall be effective no later 
        than three years from the effective date of this 
        section.
          [(iv) In complying with clause (i) of this 
        subparagraph, an association shall be allowed to refer 
        or transfer workers among its members: Provided, That 
        for purposes of this section an association acting as 
        an agent for its members shall not be considered a 
        joint employer merely because of such referral or 
        transfer.
          [(v) United States workers referred or transferred 
        pursuant to clause (iv) of this subparagraph shall not 
        be treated dis- parately.
          [(vi) An employer shall not be liable for payments 
        under section 655.202(b)(6) of title 20, Code of 
        Federal Regulations (or any successor regulation) with 
        respect to an H-2A worker who is displaced due to 
        compliance with the requirement of this subparagraph, 
        if the Secretary of Labor certifies that the H-2A 
        worker was displaced because of the employer's 
        compliance with clause (i) of this subparagraph.
          [(vii)(I) No person or entity shall willfully and 
        knowingly withhold domestic workers prior to the 
        arrival of H-2A workers in order to force the hiring of 
        domestic workers under clause (i).
          [(II) Upon the receipt of a complaint by an employer 
        that a violation of subclause (I) has occurred the 
        Secretary shall immediately investigate. He shall 
        within 36 hours of the receipt of the complaint issue 
        findings concerning the alleged violation. Where the 
        Secretary finds that a violation has occurred, he shall 
        immediately suspend the application of clause (i) of 
        this subparagraph with respect to that certification 
        for that date of need.
          [(4) Housing.--Employers shall furnish housing in 
        accordance with regulations. 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 habitation: 
        Provided, That in the absence of applicable local 
        standards, State standards for rental and/or public 
        accommodations or other substantially similar class of 
        habitation shall be met: Provided further, That in the 
        absence of applicable local or State standards, Federal 
        temporary labor camp standards shall apply: Provided 
        further, That the Secretary of Labor shall issue 
        regulations which address the specific requirements of 
        housing for employees principally engaged in the range 
        production of livestock: Provided further, That when it 
        is the prevailing practice in the area and occupation 
        of intended employment to provide family housing, 
        family housing shall be provided to workers with 
        families who request it: And provided further, That 
        nothing in this paragraph shall require an employer to 
        provide or secure housing for workers who are not 
        entitled to it under the temporary labor certification 
        regulations in effect on June 1, 1986. The 
        determination as to whether the housing furnished by an 
        employer for an H-2A worker meets the requirements 
        imposed by this paragraph must be made prior to the 
        date specified in paragraph (3)(A) by which the 
        Secretary of Labor is required to make a certification 
        described in subsection (a)(1) with respect to a 
        petition for the importation of such worker.
  [(d) Roles of Agricultural Associations.--
          [(1) Permitting filing by agricultural 
        associations.--A petition to import an alien as a 
        temporary agricultural worker, and an application for a 
        labor certification with respect to such a worker, may 
        be filed by an association of agricultural producers 
        which use agricultural services.
          [(2) Treatment of associations acting as employers.--
        If an association is a joint or sole employer of 
        temporary agricultural workers, the certifications 
        granted under this section to the association may be 
        used for the certified job opportunities of any of its 
        producer members and such workers may be transferred 
        among its producer members to perform agricultural 
        services of a temporary or seasonal nature for which 
        the certifications were granted.
          [(3) Treatment of violations.--
                  [(A) 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 under subsection (b)(2) results in the 
                denial of certification with respect to the 
                member, the denial shall apply only to that 
                member of the association unless the Secretary 
                determines that the association or other member 
                participated in, had knowledge of, or reason to 
                know of, the violation.
                  [(B) Association's violation does not 
                necessarily disqualify members.--(i) If an 
                association representing agricultural producers 
                as a joint employer is determined to have 
                committed an act that under subsection (b)(2) 
                results in the denial of certification with 
                respect to the association, the denial shall 
                apply only to the association and does not 
                apply to any individual producer member of the 
                association unless the Secretary determines 
                that the member participated in, had knowledge 
                of, or reason to know of, the violation.
                  [(ii) If an association of agricultural 
                producers certified as a sole employer is 
                determined to have committed an act that under 
                subsection (b)(2) results in the denial of 
                certification with respect to the association, 
                no individual producer member of such 
                association may be the beneficiary of the 
                services of temporary alien agricultural 
                workers admitted under this section in the 
                commodity and occupation in which such aliens 
                were employed by the association which was 
                denied certification during the period such 
                denial is in force, 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 member.
  [(e) Expedited Administrative Appeals of Certain 
Determinations.--(1) Regulations shall provide for an expedited 
procedure for the review of a denial of certification under 
subsection (a)(1) or a revocation of such a certification or, 
at the applicant's request, for a de novo administrative 
hearing respecting the denial or revocation.
  [(2) The Secretary of Labor shall expeditiously, but in no 
case later than 72 hours after the time a new determination is 
requested, make a new determination on the request for 
certification in the case of an H-2A worker if able, willing, 
and qualified eligible individuals are not actually available 
at the time such labor or services are required and a 
certification was denied in whole or in part because of the 
availability of qualified workers. If the employer asserts that 
any eligible individual who has been referred is not able, 
willing, or qualified, the burden of proof is on the employer 
to establish that the individual referred is not able, willing, 
or qualified because of employment-related reasons.
  [(f) Violators Disqualified for 5 Years.--An alien may not be 
admitted to the United States as a temporary agricultural 
worker if the alien was admitted to the United States as such a 
worker within the previous five-year period and the alien 
during that period violated a term or condition of such 
previous admission.
  [(g) Authorizations of Appropriations.--(1) There are 
authorized to be appropriated for each fiscal year, beginning 
with fiscal year 1987, $10,000,000 for the purposes--
          [(A) of recruiting domestic workers for temporary 
        labor and services which might otherwise be performed 
        by nonimmigrants described in section 
        101(a)(15)(H)(ii)(a), and
          [(B) of monitoring terms and conditions under which 
        such nonimmigrants (and domestic workers employed by 
        the same employers) are employed in the United States.
  [(2) The Secretary of Labor is authorized to take such 
actions, including imposing appropriate penalties and seeking 
appropriate injunctive relief and specific performance of 
contractual obligations, as may be necessary to assure employer 
compliance with terms and conditions of employment under this 
section.
  [(3) There are authorized to be appropriated for each fiscal 
year, beginning with fiscal year 1987, such sums as may be 
necessary for the purpose of enabling the Secretary of Labor to 
make determinations and certifications under this section and 
under section 212(a)(5)(A)(i).
  [(4) There are authorized to be appropriated for each fiscal 
year, beginning with fiscal year 1987, such sums as may be 
necessary for the purposes of enabling the Secretary of 
Agriculture to carry out the Secretary's duties and 
responsibilities under this section.
  [(h) Miscellaneous Provisions.--(1) The Attorney General 
shall provide for such endorsement of entry and exit documents 
of nonimmigrants described in section 101(a)(15)(H)(ii) as may 
be necessary to carry out this section and to provide notice 
for purposes of section 274A.
  [(2) The provisions of subsections (a) and (c) of section 214 
and the provisions of this section preempt any State or local 
law regulating admissibility of nonimmigrant workers.
  [(i) Definitions.--For purposes of this section:
          [(1) The term ``eligible individual'' means, with 
        respect to employment, an individual who is not an 
        unauthorized alien (as defined in section 274A(h)(3) 
        with respect to that employment.
          [(2) The term ``H-2A worker'' means a nonimmigrant 
        described in section 101(a)(15)(H)(ii)(a).]

SEC. 218. ADMISSION OF TEMPORARY H-2A WORKERS.

  (a) Labor Certification Conditions.--The Secretary of 
Homeland Security may not approve a petition to admit an H-2A 
worker unless the Secretary of Labor has certified that--
          (1) there are not sufficient United States workers 
        who are able, willing and qualified, and who will be 
        available at the time and place needed, to perform the 
        agricultural labor or services described in the 
        petition; and
          (2) the employment of the H-2A worker in such labor 
        or services will not adversely affect the wages and 
        working conditions of workers in the United States who 
        are similarly employed.
  (b) H-2a Petition Requirements.--An employer filing a 
petition for an H-2A worker to perform agricultural labor or 
services shall attest to and demonstrate compliance, as and 
when appropriate, with all applicable requirements under this 
section, including the following:
          (1) 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 performed, the 
        anticipated period or periods (expected start and end 
        dates) for which the workers will be needed, and the 
        number of job opportunities in which the employer seeks 
        to employ the workers.
          (2) 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-2A worker and during the 60-day 
        period immediately preceding such period of employment 
        in the job for which the employer seeks approval to 
        employ the H-2A worker.
          (3) Strike or lockout.--Each place of employment 
        described in the petition is not, at the time of filing 
        the petition and until the petition is approved, 
        subject to a strike or lockout in the course of a labor 
        dispute.
          (4) Recruitment of united states workers.--The 
        employer shall engage in the recruitment of United 
        States workers as described in subsection (c) and shall 
        hire such workers who are able, willing and qualified, 
        and who will be available at the time and place needed, 
        to perform the agricultural labor or services described 
        in the petition. The employer may reject a United 
        States worker only for lawful, job-related reasons.
          (5) Wages, benefits, and working conditions.--The 
        employer shall offer and provide, at a minimum, the 
        wages, benefits, and working conditions required by 
        this section to the H-2A worker and all United States 
        workers who are similarly employed. The employer--
                  (A) shall offer such United States workers 
                not less than the same benefits, wages, and 
                working conditions that the employer is 
                offering or will provide to the H-2A worker; 
                and
                  (B) may not impose on such United States 
                workers any restrictions or obligations that 
                will not be imposed on the H-2A worker.
          (6) Workers' compensation.--If the job opportunity is 
        not covered by or is exempt from the State workers' 
        compensation law, the employer shall provide, at no 
        cost to the worker, insurance covering injury and 
        disease arising out of, and in the course of, the 
        worker's employment which will provide benefits at 
        least equal to those provided under the State workers' 
        compensation law.
          (7) Compliance with labor and employment laws.--The 
        employer shall comply with all applicable Federal, 
        State and local employment-related laws and 
        regulations.
  (c) Recruiting Requirements.--
          (1) In general.--The employer may satisfy the 
        recruitment requirement described in subsection (b)(4) 
        by satisfying all of the following:
                  (A) Job order.--As provided in subsection 
                (h)(1), 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 
                agency. Such posting shall remain on the job 
                registry as an active job order through the 
                period described in paragraph (2)(B).
                  (B) Former workers.--At least 45 days before 
                each start date identified in the petition, the 
                employer shall--
                          (i) 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-2A 
                        worker is sought (excluding workers who 
                        were terminated for cause or abandoned 
                        the worksite); and
                          (ii) post such job opportunity in a 
                        conspicuous location or locations at 
                        the place of employment.
                  (C) Positive recruitment.--During the period 
                of recruitment, the employer shall complete any 
                other positive recruitment steps within a 
                multi-State region of traditional or expected 
                labor supply where the Secretary of Labor finds 
                that there are a significant number of 
                qualified United States workers who, if 
                recruited, would be willing to make themselves 
                available for work at the time and place 
                needed.
          (2) Period of recruitment.--
                  (A) In general.--For purposes of this 
                subsection, 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-2A workers depart for the employer's 
                place of employment. For a petition involving 
                more than 1 start date under subsection 
                (h)(1)(C), the end of the period of recruitment 
                shall be determined by the date of departure of 
                the H-2A workers for the final start date 
                identified in the petition.
                  (B) Requirement to hire us workers.--
                          (i) In general.--Notwithstanding the 
                        limitations of subparagraph (A), 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--
                                  (I) the date that is 30 days 
                                after the date on which work 
                                begins; or
                                  (II) the date on which--
                                          (aa) 33 percent of 
                                        the work contract for 
                                        the job opportunity has 
                                        elapsed; or
                                          (bb) if the employer 
                                        is a labor contractor, 
                                        50 percent of the work 
                                        contract for the job 
                                        opportunity has 
                                        elapsed.
                          (ii) Staggered entry.--For a petition 
                        involving more than 1 start date under 
                        subsection (h)(1)(C), each start date 
                        designated in the petition shall 
                        establish a separate job opportunity. 
                        An employer may not reject a United 
                        States worker because the worker is 
                        unable or unwilling to fill more than 1 
                        job opportunity included in the 
                        petition.
                          (iii) Exception.--Notwithstanding 
                        clause (i), the employer may offer a 
                        job opportunity to an H-2A worker 
                        instead of an alien granted certified 
                        agricultural worker status under title 
                        I of the Farm Workforce Modernization 
                        Act of 2019 if the H-2A worker was 
                        employed by the employer in each of 3 
                        years during the most recent 4-year 
                        period.
          (3) Recruitment report.--
                  (A) In general.--The employer shall maintain 
                a recruitment report through the applicable 
                period described in paragraph (2)(B) and submit 
                regular updates through the electronic platform 
                on the results of recruitment. The employer 
                shall retain the recruitment report, and all 
                associated recruitment documentation, for a 
                period of 3 years from the date of 
                certification.
                  (B) Burden of proof.--If the employer asserts 
                that any eligible individual who has applied or 
                been referred is not able, willing or 
                qualified, the employer bears the burden of 
                proof to establish that the individual is not 
                able, willing or qualified because of a lawful, 
                employment-related reason.
  (d) Wage Requirements.--
          (1) In general.--Each employer under this section 
        will offer the worker, during the period of authorized 
        employment, wages that are at least the greatest of--
                  (A) the agreed-upon collective bargaining 
                wage;
                  (B) the adverse effect wage rate (or any 
                successor wage established under paragraph 
                (7));
                  (C) the prevailing wage (hourly wage or piece 
                rate); or
                  (D) the Federal or State minimum wage.
          (2) Adverse effect wage rate determinations.--
                  (A) In general.--Except as provided under 
                subparagraph (B), the applicable adverse effect 
                wage rate for each State and occupational 
                classification for a calendar year shall be as 
                follows:
                          (i) 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 
                        Secretary.
                          (ii) If a wage described in clause 
                        (i) is not reported, 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 
                        Secretary.
                          (iii) If a wage described in clause 
                        (i) or (ii) is not reported, 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 Secretary.
                          (iv) If a wage described in clause 
                        (i), (ii), or (iii) is not reported, 
                        the national average hourly wage for 
                        the occupational classification as 
                        reported by the Secretary of Labor 
                        based on a wage survey conducted by 
                        such Secretary.
                  (B) Limitations on wage fluctuations.--
                          (i) Wage freeze for calendar year 
                        2020.--For calendar year 2020, 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-2A workers in the applicable State in 
                        calendar year 2019.
                          (ii) Calendar years 2021 through 
                        2029.--For each of calendar years 2021 
                        through 2029, the adverse effect wage 
                        rate for each State and occupational 
                        classification under this subsection 
                        shall be the wage calculated under 
                        subparagraph (A), except that such wage 
                        may not--
                                  (I) be more than 1.5 percent 
                                lower than the wage in effect 
                                for H-2A workers in the 
                                applicable State and 
                                occupational classification in 
                                the immediately preceding 
                                calendar year;
                                  (II) except as provided in 
                                clause (III), be more than 3.25 
                                percent higher than the wage in 
                                effect for H-2A workers in the 
                                applicable State and 
                                occupational classification in 
                                the immediately preceding 
                                calendar year; and
                                  (III) if the application of 
                                clause (II) results in a wage 
                                that is lower than 110 percent 
                                of the applicable Federal or 
                                State minimum wage, be more 
                                than 4.25 percent higher than 
                                the wage in effect for H-2A 
                                workers in the applicable State 
                                and occupational classification 
                                in the immediately preceding 
                                calendar year.
                          (iii) Calendar years after 2029.--For 
                        any calendar year after 2029, the 
                        applicable wage rate described in 
                        paragraph (1)(B) shall be the wage rate 
                        established pursuant to paragraph 
                        (7)(D). Until such wage rate is 
                        effective, the adverse effect wage rate 
                        for each State and occupational 
                        classification under this subsection 
                        shall be the wage calculated under 
                        subparagraph (A), except that such wage 
                        may not be more than 1.5 percent lower 
                        or 3.25 percent higher than the wage in 
                        effect for H-2A workers in the 
                        applicable State and occupational 
                        classification in the immediately 
                        preceding calendar year.
          (3) Multiple occupations.--If the primary job duties 
        for the job opportunity described in the petition do 
        not fall within a single occupational classification, 
        the applicable wage rates under subparagraphs (B) and 
        (C) of paragraph (1) for the job opportunity shall be 
        based on the highest such wage rates for all applicable 
        occupational classifications.
          (4) Publication; wages in effect.--
                  (A) Publication.--Prior to the start of each 
                calendar year, the Secretary of Labor shall 
                publish the applicable adverse effect wage rate 
                (or successor wage rate, if any), and 
                prevailing wage if available, for each State 
                and occupational classification through notice 
                in the Federal Register.
                  (B) Job orders in effect.--Except as provided 
                in subparagraph (C), 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 publication.
                  (C) 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 (i), and the 
                updated wage is higher than the wage rate 
                guaranteed in the work contract, the employer 
                shall pay the updated wage not later than 14 
                days after publication of the updated wage in 
                the Federal Register.
          (5) Workers paid on a piece rate or other incentive 
        basis.--If an employer pays by the piece rate or other 
        incentive method and requires 1 or more minimum 
        productivity standards as a condition of job retention, 
        such standards shall be specified in the job order and 
        shall be no more than those normally required (at the 
        time of the first petition for H-2A workers) by other 
        employers for the activity in the area of intended 
        employment, unless the Secretary of Labor approves a 
        higher minimum standard resulting from material changes 
        in production methods.
          (6) Guarantee of employment.--
                  (A) 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 employment, 
                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 offer. For purposes of this 
                subparagraph, 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 holidays. If the employer 
                affords the worker less employment than that 
                required under this paragraph, the employer 
                shall pay the worker the amount which the 
                worker would have earned had the worker, in 
                fact, worked for the guaranteed number of 
                hours.
                  (B) Failure to work.--Any hours which the 
                worker fails to work, up to a maximum of the 
                number of hours specified in the job offer for 
                a work day, when the worker has been offered an 
                opportunity to do so, and all hours of work 
                actually performed (including voluntary work in 
                excess of the number of hours specified in the 
                job offer in a work day, on the worker's 
                Sabbath, or on Federal holidays) may be counted 
                by the employer in calculating whether the 
                period of guaranteed employment has been met.
                  (C) Abandonment of employment; termination 
                for cause.--If the worker voluntarily abandons 
                employment without good cause before the end of 
                the contract period, or is terminated for 
                cause, the worker is not entitled to the 
                guarantee of employment described in 
                subparagraph (A).
                  (D) Contract impossibility.--If, before the 
                expiration of the period of employment 
                specified in the job offer, 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 (A) is fulfilled, the employer 
                may terminate the worker's employment. In the 
                event of such termination, the employer shall 
                fulfill the employment guarantee in 
                subparagraph (A) for the work days that have 
                elapsed from the first work day after the 
                arrival of the worker to the termination of 
                employment. The employer shall make efforts to 
                transfer a United States worker to other 
                comparable employment acceptable to the worker. 
                If such transfer is not affected, the employer 
                shall provide the return transportation 
                required in subsection (f)(2).
          (7) Wage standards after 2029.--
                  (A) Study of adverse effect wage rate.--
                Beginning in fiscal year 2026, the Secretary of 
                Agriculture and Secretary of Labor shall 
                jointly conduct a study that addresses--
                          (i) whether the employment of H-2A 
                        workers has depressed the wages of 
                        United States farm workers;
                          (ii) whether an adverse effect wage 
                        rate is necessary to protect the wages 
                        of United States farm workers in 
                        occupations in which H-2A workers are 
                        employed;
                          (iii) whether alternative wage 
                        standards would be sufficient to 
                        prevent wages in occupations in which 
                        H-2A workers are employed from falling 
                        below the wage level that would have 
                        prevailed in the absence of H-2A 
                        employment;
                          (iv) whether any changes are 
                        warranted in the current methodologies 
                        for calculating the adverse effect wage 
                        rate and the prevailing wage rate; and
                          (v) recommendations for future wage 
                        protection under this section.
                  (B) Final report.--Not later than October 1, 
                2027, 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 (A) and recommendations for future 
                wage protections under this section.
                  (C) Consultation.--In conducting the study 
                under subparagraph (A) and preparing the report 
                under subparagraph (B), the Secretary of 
                Agriculture and Secretary of Labor shall 
                consult with representatives of agricultural 
                employers and an equal number of 
                representatives of agricultural workers, at the 
                national, State and local level.
                  (D) Wage determination after 2029.--Upon 
                publication of the report described in 
                subparagraph (B), the Secretary of Labor, in 
                consultation with and the approval of the 
                Secretary of Agriculture, shall make a rule to 
                establish a process for annually determining 
                the wage rate for purposes of paragraph (1)(B) 
                for fiscal years after 2029. Such process shall 
                be designed to ensure that the employment of H-
                2A workers does not undermine the wages and 
                working conditions of similarly employed United 
                States workers.
  (e) Housing Requirements.--Employers shall furnish housing in 
accordance with regulations established by the Secretary of 
Labor. Such regulations shall be consistent with the following:
          (1) 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 habitation: Provided, 
        That in the absence of applicable local standards, 
        State standards for rental and/or public accommodations 
        or other substantially similar class of habitation 
        shall be met: Provided further, That in the absence of 
        applicable local or State standards, Federal temporary 
        labor camp standards shall apply.
          (2) Family housing.--Except as otherwise provided in 
        subsection (i)(5), 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 housing.
          (3) United states workers.--Notwithstanding 
        paragraphs (1) and (2), an employer is not required to 
        provide housing to United States workers who are 
        reasonably able to return to their residence within the 
        same day.
          (4) Timing of inspection.--
                  (A) 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 worker.
                  (B) Timely inspection.--The Secretary of 
                Labor shall provide a process for--
                          (i) an employer to request inspection 
                        of housing up to 60 days before the 
                        date on which the employer will file a 
                        petition under this section; and
                          (ii) annual inspection of housing for 
                        workers who are engaged in agricultural 
                        employment that is not of a seasonal or 
                        temporary nature.
  (f) Transportation Requirements.--
          (1) Travel to place of employment.--A worker who 
        completes 50 percent of the period of employment 
        specified in the job order 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 (or place of last 
        employment, if the worker traveled from such place) to 
        the place of employment.
          (2) Travel from place of employment.--For a worker 
        who completes the period of employment specified in the 
        job order or who is terminated without cause, the 
        employer shall provide or pay for the worker's 
        transportation and subsistence from the place of 
        employment to the place from which the worker, 
        disregarding intervening employment, came to work for 
        the employer, or to the place of next employment, 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 employment.
          (3) Limitation.--
                  (A) Amount of reimbursement.--Except as 
                provided in subparagraph (B), the amount of 
                reimbursement provided under paragraph (1) or 
                (2) to a worker need not exceed the lesser of--
                          (i) the actual cost to the worker of 
                        the transportation and subsistence 
                        involved; or
                          (ii) the most economical and 
                        reasonable common carrier 
                        transportation charges and subsistence 
                        costs for the distance involved.
                  (B) Distance traveled.--For travel to or from 
                the worker's home country, if the travel 
                distance between the worker's home and the 
                relevant consulate is 50 miles or less, 
                reimbursement for transportation and 
                subsistence may be based on transportation to 
                or from the consulate.
  (g) Heat Illness Prevention Plan.--The employer shall 
maintain a reasonable plan that describes the employer's 
procedures for the prevention of heat illness, including 
appropriate training, access to water and shade, the provision 
of breaks, and the protocols for emergency response. Such plan 
shall--
          (1) be in writing in English and, to the extent 
        necessary, any language common to a significant portion 
        of the workers if they are not fluent in English; and
          (2) be posted at a conspicuous location at the 
        worksite and provided to employees prior to the 
        commencement of labor or services.
  (h) H-2a Petition Procedures.--
          (1) Submission of petition and job order.--
                  (A) In general.--The employer shall submit 
                information required for the adjudication of 
                the H-2A petition, including a job order, 
                through the electronic platform no more than 75 
                calendar days and no fewer than 60 calendar 
                days before the employer's first date of need 
                specified in the petition.
                  (B) Filing by agricultural associations.--An 
                association of agricultural producers that use 
                agricultural services may file an H-2A petition 
                under subparagraph (A). If an association is a 
                joint or sole employer of workers who perform 
                agricultural labor or services, H-2A 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 
                approved.
                  (C) Petitions involving staggered entry.--
                          (i) In general.--Except as provided 
                        in clause (ii), an employer may file a 
                        petition involving employment in the 
                        same occupational classification and 
                        same area of intended employment with 
                        multiple start dates if--
                                  (I) the petition involves 
                                temporary or seasonal 
                                employment and no more than 10 
                                start dates;
                                  (II) the multiple start dates 
                                share a common end date that is 
                                no longer than 1 year after the 
                                first start date;
                                  (III) no more than 120 days 
                                separate the first start date 
                                and the final start date listed 
                                in the petition; and
                                  (IV) the need for multiple 
                                start dates arises from 
                                variations in labor needs 
                                associated with the job 
                                opportunity identified in the 
                                petition.
                          (ii) Labor contractors.--A labor 
                        contractor may not file a petition 
                        described in clause (i) unless the 
                        labor contractor--
                                  (I) is filing as a joint 
                                employer with its contractees, 
                                or is operating in a State in 
                                which joint employment and 
                                liability between the labor 
                                contractor and its contractees 
                                is otherwise established; or
                                  (II) has posted and is 
                                maintaining a premium surety 
                                bond as described in subsection 
                                (l)(1).
          (2) Labor certification.--
                  (A) Review of job order.--
                          (i) In general.--The Secretary of 
                        Labor, in consultation with the 
                        relevant State workforce agency, shall 
                        review the job order for compliance 
                        with this section and notify the 
                        employer through the electronic 
                        platform of any deficiencies not later 
                        than 7 business days from the date the 
                        employer submits the necessary 
                        information required under paragraph 
                        (1)(A). The employer shall be provided 
                        5 business days to respond to any such 
                        notice of deficiency.
                          (ii) Standard.--The job order must 
                        include all material terms and 
                        conditions of employment, including the 
                        requirements of this section, and must 
                        be otherwise consistent with the 
                        minimum standards provided under 
                        Federal, State or local law. In 
                        considering the question of whether a 
                        specific qualification is appropriate 
                        in a job order, the Secretary of Labor 
                        shall apply the normal and accepted 
                        qualification required by non-H-2A 
                        employers in the same or comparable 
                        occupations and crops.
                          (iii) 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 
                        (i).
                  (B) Approval of job order.--
                          (i) In general.--Upon approval of the 
                        job order, the Secretary of Labor shall 
                        immediately place for public 
                        examination a copy of the job order on 
                        the online job registry, and the State 
                        workforce agency serving the area of 
                        intended employment shall commence the 
                        recruitment of United States workers.
                          (ii) Referral of united states 
                        workers.--The Secretary of Labor and 
                        State workforce agency shall keep the 
                        job order active until the end of the 
                        period described in subsection (c)(2) 
                        and shall refer to the employer each 
                        United States worker who applies for 
                        the job opportunity.
                  (C) Review of information for deficiencies.--
                Within 7 business days of the approval of the 
                job order, the Secretary of Labor 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 approval. Such 
                notification shall include a description of any 
                deficiency, and the employer shall be provided 
                5 business days to cure such deficiency.
                  (D) Certification and authorization of 
                workers.--Not later than 30 days before the 
                date that labor or services are first required 
                to be performed, the Secretary of Labor shall 
                issue the requested labor certification if the 
                Secretary determines that the requirements for 
                certification set forth in this section have 
                been met.
                  (E) 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 
                section, or the revocation of such a 
                certification. Such procedure shall require the 
                Secretary to expeditiously, but no later than 
                72 hours after expedited review is requested, 
                issue a de novo determination on a labor 
                certification that was denied in whole or in 
                part because of the availability of able, 
                willing and qualified workers if the employer 
                demonstrates, consistent with subsection 
                (c)(3)(B), that such workers are not actually 
                available at the time or place such labor or 
                services are required.
          (3) Petition decision.--
                  (A) In general.--Not later than 7 business 
                days after the Secretary of Labor issues the 
                certification, 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 platform.
                  (B) Approval.--Upon approval of a petition 
                under this section, 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 U.S. 
                Customs and Border Protection, as necessary, to 
                facilitate visa issuance and admission.
                  (C) Partial approval.--A petition for 
                multiple named beneficiaries may be partially 
                approved with respect to eligible beneficiaries 
                notwithstanding the ineligibility, or potential 
                ineligibility, of one or more other 
                beneficiaries.
                  (D) Post-certification amendments.--The 
                Secretary of Labor shall provide a process for 
                amending a request for labor certification in 
                conjunction with an H-2A petition, subsequent 
                to certification by the Secretary of Labor, in 
                cases in which the requested amendment does not 
                materially change the petition (including the 
                job order).
          (4) Roles of agricultural associations.--
                  (A) 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 member, the denial shall 
                apply only to that member of the association 
                unless the Secretary of Labor determines that 
                the association or other member participated 
                in, had knowledge of, or reason to know of, the 
                violation.
                  (B) Association's violation does not 
                necessarily disqualify members.--
                          (i) 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 association, 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 in, had knowledge of, or 
                        reason to know of, the violation.
                          (ii) 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 association, no individual producer 
                        member of such association may be the 
                        beneficiary of the services of H-2A 
                        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 force, 
                        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 member.
          (5) Special procedures.--The Secretary of Labor, in 
        consultation with the Secretary of Agriculture and 
        Secretary of Homeland Security, may by regulation 
        establish alternate procedures that reasonably modify 
        program requirements under this section, when the 
        Secretary determines that such modifications are 
        required due to the unique nature of the work involved.
          (6) Construction occupations.--An employer may not 
        file a petition under this section on behalf of a 
        worker if the majority of the worker's duties will fall 
        within a construction or extraction occupational 
        classification.
  (i) Non-temporary or -seasonal Needs.--
          (1) In general.--Notwithstanding the requirement in 
        section 101(a)(15)(H)(ii)(a) that the agricultural 
        labor or services performed by an H-2A worker be of a 
        temporary or seasonal nature, the Secretary of Homeland 
        Security may, consistent with the provisions of this 
        subsection, approve a petition for an H-2A worker to 
        perform agricultural services or labor that is not of a 
        temporary or seasonal nature.
          (2) Numerical limitations.--
                  (A) First 3 fiscal years.--The total number 
                of aliens who may be issued visas or otherwise 
                provided H-2A nonimmigrant status under 
                paragraph (1) 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 20,000.
                  (B) Fiscal years 4 through 10.--
                          (i) In general.--The total number of 
                        aliens who may be issued visas or 
                        otherwise provided H-2A nonimmigrant 
                        status under paragraph (1) for the 
                        first fiscal year following the fiscal 
                        years referred to in subparagraph (A) 
                        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 
                        (ii).
                          (ii) Annual adjustments.--For each 
                        fiscal year referred to in clause (i), 
                        the Secretary of Agriculture and 
                        Secretary of Labor, in consultation 
                        with the Secretary of Homeland 
                        Security, shall establish a numerical 
                        limitation for purposes of clause (i). 
                        Such numerical limitation may not be 
                        lower 20,000 and may not vary by more 
                        than 12.5 percent compared to the 
                        numerical limitation applicable to the 
                        immediately preceding fiscal year. In 
                        establishing such numerical limitation, 
                        the Secretaries shall consider 
                        appropriate factors, including--
                                  (I) a demonstrated shortage 
                                of agricultural workers;
                                  (II) the level of 
                                unemployment and 
                                underemployment of agricultural 
                                workers during the preceding 
                                fiscal year;
                                  (III) the number of H-2A 
                                workers sought by employers 
                                during the preceding fiscal 
                                year to engage in agricultural 
                                labor or services not of a 
                                temporary or seasonal nature;
                                  (IV) the number of such H-2A 
                                workers issued a visa in the 
                                most recent fiscal year who 
                                remain in the United States in 
                                compliance with the terms of 
                                such visa;
                                  (V) the estimated number of 
                                United States workers, 
                                including workers who obtained 
                                certified agricultural worker 
                                status under title I of the 
                                Farm Workforce Modernization 
                                Act of 2019, who worked during 
                                the preceding fiscal year in 
                                agricultural labor or services 
                                not of a temporary or seasonal 
                                nature;
                                  (VI) the number of such 
                                United States workers who 
                                accepted jobs offered by 
                                employers using the online job 
                                registry during the preceding 
                                fiscal year;
                                  (VII) any growth or 
                                contraction of the United 
                                States agricultural industry 
                                that has increased or decreased 
                                the demand for agricultural 
                                workers; and
                                  (VIII) any changes in the 
                                real wages paid to agricultural 
                                workers in the United States as 
                                an indication of a shortage or 
                                surplus of agricultural labor.
                  (C) Subsequent fiscal years.--For each fiscal 
                year following the fiscal years referred to in 
                subparagraph (B), the Secretary of Agriculture 
                and Secretary of Labor shall jointly determine, 
                in consultation with the Secretary of Homeland 
                Security, and after considering appropriate 
                factors, including those factors listed in 
                subclauses (I) through (VIII) of subparagraph 
                (B)(ii), whether to establish a numerical 
                limitation for that fiscal year. If a numerical 
                limitation is so established--
                          (i) 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 
                        established; and
                          (ii) the total number of aliens who 
                        may be issued visas or otherwise 
                        provided H-2A nonimmigrant status under 
                        paragraph (1) for that fiscal year may 
                        not exceed such numerical limitation.
                  (D) Emergency procedures.--The Secretary of 
                Agriculture and Secretary of Labor, in 
                consultation with the Secretary of Homeland 
                Security, shall jointly establish by regulation 
                procedures for immediately adjusting a 
                numerical limitation imposed under subparagraph 
                (B) or (C) to account for significant labor 
                shortages.
          (3) Allocation of visas.--
                  (A) Bi-annual allocation.--The annual 
                allocation of visas described in paragraph (2) 
                shall be evenly allocated between two halves of 
                the fiscal year unless the Secretary of 
                Homeland Security, in consultation with the 
                Secretary of Agriculture and Secretary of 
                Labor, determines that an alternative 
                allocation would better accommodate demand for 
                visas. 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 year.
                  (B) Reserve for dairy labor or services.--
                          (i) In general.--Of the visa numbers 
                        made available in each half of the 
                        fiscal year pursuant to subparagraph 
                        (A), 50 percent of such visas shall be 
                        reserved for employers filing petitions 
                        seeking H-2A workers to engage in 
                        agricultural labor or services in the 
                        dairy industry.
                          (ii) Exception.--If, after four 
                        months have elapsed in one half of the 
                        fiscal year, the Secretary of Homeland 
                        Security determines that application of 
                        clause (i) will result in visas going 
                        unused during that half of the fiscal 
                        year, clause (i) shall not apply to 
                        visas under this paragraph during the 
                        remainder of such calendar half.
          (4) Annual round trip home.--
                  (A) In general.--In addition to the other 
                requirements of this section, an employer shall 
                provide H-2A workers employed under this 
                subsection, at no cost to such workers, with 
                annual round trip travel, including 
                transportation and subsistence during travel, 
                to their homes in their communities of origin. 
                The employer must provide such travel within 14 
                months of the initiation of the worker's 
                employment, and no more than 14 months can 
                elapse between each required period of travel.
                  (B) Limitation.--The cost of travel under 
                subparagraph (A) need not exceed the lesser 
                of--
                          (i) the actual cost to the worker of 
                        the transportation and subsistence 
                        involved; or
                          (ii) the most economical and 
                        reasonable common carrier 
                        transportation charges and subsistence 
                        costs for the distance involved.
          (5) Family housing.--An employer seeking to employ an 
        H-2A 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 nature. The worker may reject 
        such an offer. The employer may not charge the worker 
        for the worker's housing, except that if the worker 
        accepts family housing, a prorated rent based on the 
        fair market value for such housing may be charged for 
        the worker's family members.
          (6) Workplace safety plan for dairy employees.--
                  (A) In general.--If an employer is seeking to 
                employ a worker in agricultural labor or 
                services in the dairy industry pursuant to this 
                subsection, the employer must report incidents 
                consistent with the requirements under section 
                1904.39 of title 29, Code of Federal 
                Regulations, and maintain an effective worksite 
                safety and compliance plan to prevent workplace 
                accidents and otherwise ensure safety. Such 
                plan shall--
                          (i) be in writing in English and, to 
                        the extent necessary, any language 
                        common to a significant portion of the 
                        workers if they are not fluent in 
                        English; and
                          (ii) be posted at a conspicuous 
                        location at the worksite and provided 
                        to employees prior to the commencement 
                        of labor or services.
                  (B) Contents of plan.--The Secretary of 
                Labor, in consultation with the Secretary of 
                Agriculture, shall establish by regulation the 
                minimum requirements for the plan described in 
                subparagraph (A). Such plan shall include 
                measures to--
                          (i) require workers (other than the 
                        employer's family members) whose 
                        positions require contact with animals 
                        to complete animal care training, 
                        including animal handling and job-
                        specific animal care;
                          (ii) protect against sexual 
                        harassment and violence, resolve 
                        complaints involving harassment or 
                        violence, and protect against 
                        retaliation against workers reporting 
                        harassment or violence; and
                          (iii) contain other provisions 
                        necessary for ensuring workplace 
                        safety, as determined by the Secretary 
                        of Labor, in consultation with the 
                        Secretary of Agriculture.
  (j) Eligibility for H-2a Status and Admission to the United 
States.--
          (1) Disqualification.--An alien shall be ineligible 
        for admission to the United States as an H-2A worker 
        pursuant to a petition filed under this section if the 
        alien was admitted to the United States as an H-2A 
        worker within the past 5 years of the date the petition 
        was filed and--
                  (A) violated a material provision of this 
                section, including the requirement to promptly 
                depart the United States when the alien's 
                authorized period of admission has expired, 
                unless the alien has good cause for such 
                failure to depart; or
                  (B) otherwise violated a term or condition of 
                admission into the United States as an H-2A 
                worker.
          (2) Visa validity.--A visa issued to an H-2A worker 
        shall be valid for three years and shall allow for 
        multiple entries during the approved period of 
        admission.
          (3) Period of authorized stay; admission.--
                  (A) In general.--An alien admissible as an H-
                2A 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 
                section. The maximum continuous period of 
                authorized stay for an H-2A worker is 36 
                months.
                  (B) Requirement to remain outside the united 
                states.--In the case of an H-2A worker whose 
                maximum continuous period of authorized stay 
                (including any extensions) has expired, 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 45 
                days.
                  (C) Exceptions.--The Secretary of Homeland 
                Security shall deduct absences from the United 
                States that take place during an H-2A worker's 
                period of authorized stay from the period that 
                the alien is required to remain outside the 
                United States under subparagraph (B), if the 
                alien or the alien's employer requests such a 
                deduction, and provides clear and convincing 
                proof that the alien qualifies for such a 
                deduction. Such proof shall consist of evidence 
                including, but not limited to, arrival and 
                departure records, copies of tax returns, and 
                records of employment abroad.
                  (D) Admission.--In addition to the maximum 
                continuous period of authorized stay, an H-2A 
                worker's authorized period of admission shall 
                include an additional period of 10 days prior 
                to the beginning of the period of employment 
                for the purpose of traveling to the place of 
                employment and 45 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 (A) 
                (subject to the exceptions in subparagraph 
                (C)).
          (4) Continuing h-2a workers.--
                  (A) Successive employment.--An H-2A worker is 
                authorized to start new or concurrent 
                employment upon the filing of a nonfrivolous H-
                2A petition, or as of the requested start date, 
                whichever is later if--
                          (i) the petition to start new or 
                        concurrent employment was filed prior 
                        to the expiration of the H-2A worker's 
                        period of admission as defined in 
                        paragraph (3)(D); and
                          (ii) the H-2A worker has not been 
                        employed without authorization in the 
                        United States from the time of last 
                        admission to the United States in H-2A 
                        status through the filing of the 
                        petition for new employment.
                  (B) Protection due to immigrant visa 
                backlogs.--Notwithstanding the limitations on 
                the period of authorized stay described in 
                paragraph (3), any H-2A worker who--
                          (i) is the beneficiary of an approved 
                        petition, filed under section 
                        204(a)(1)(E) or (F) for preference 
                        status under section 203(b)(3)(A)(iii); 
                        and
                          (ii) is eligible to be granted such 
                        status but for the annual limitations 
                        on visas under section 203(b)(3)(A),
                may apply for, and the Secretary of Homeland 
                Security may grant, 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 visa.
          (5) Abandonment of employment.--
                  (A) In general.--Except as provided in 
                subparagraph (B), an H-2A worker who abandons 
                the employment which was the basis for the 
                worker's authorized stay, without good cause, 
                shall be considered to have failed to maintain 
                H-2A status and shall depart the United States 
                or be subject to removal under section 
                237(a)(1)(C)(i).
                  (B) Grace period to secure new employment.--
                An H-2A worker shall not be considered to have 
                failed to maintain H-2A status solely on the 
                basis of a cessation of the employment on which 
                the alien's classification was based for a 
                period of 45 consecutive days, or until the end 
                of the authorized validity period, whichever is 
                shorter, once during each authorized validity 
                period.
  (k) Required Disclosures.--
          (1) Disclosure of work contract.--Not later than the 
        time the H-2A worker applies for a visa, the employer 
        shall provide the worker with a copy of the work 
        contract that includes the disclosures and rights under 
        this section (or in the absence of such a contract, a 
        copy of the job order and proof of the certification 
        described in subparagraphs (B) and (D) of subsection 
        (h)(2)). An H-2A worker moving from one H-2A employer 
        to a subsequent H-2A 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 
        employer.
          (2) Hours and earnings statements.--The employer 
        shall furnish to H-2A workers, on or before each 
        payday, in 1 or more written statements--
                  (A) the worker's total earnings for the pay 
                period;
                  (B) the worker's hourly rate of pay, piece 
                rate of pay, or both;
                  (C) the hours of employment offered to the 
                worker and the hours of employment actually 
                worked;
                  (D) if piece rates of pay are used, the units 
                produced daily;
                  (E) an itemization of the deductions made 
                from the worker's wages; and
                  (F) any other information required by 
                Federal, State or local law.
          (3) Notice of worker rights.--The employer must post 
        and maintain in a conspicuous location at the place of 
        employment, a poster provided by the Secretary of Labor 
        in English, and, to the extent necessary, any language 
        common to a significant portion of the workers if they 
        are not fluent in English, which sets out the rights 
        and protections for workers employed pursuant to this 
        section.
  (l) Labor Contractors; Foreign Labor Recruiters; Prohibition 
on Fees.--
          (1) Labor contractors.--
                  (A) Surety bond.--An employer that is a labor 
                contractor who seeks to employ H-2A workers 
                shall maintain a surety bond in an amount 
                required under subparagraph (B). Such bond 
                shall be payable to the Secretary of Labor or 
                pursuant to the resolution of a civil or 
                criminal proceeding, for the payment of wages 
                and benefits, including any assessment of 
                interest, owed to an H-2A worker or a similarly 
                employed United States worker, or a United 
                States worker who has been rejected or 
                displaced in violation of this section.
                  (B) 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 labor contractors to discharge financial 
                obligations under this section based on the 
                number of workers the labor contractor seeks to 
                employ and the wages such workers are required 
                to be paid.
                  (C) Premium bond.--A labor contractor seeking 
                to file a petition involving more than 1 start 
                date under subsection (h)(1)(C) shall maintain 
                a surety bond that is at least 15 percent 
                higher than the applicable bond amount 
                determined by the Secretary under subparagraph 
                (B).
                  (D) Use of funds.--Any sums paid to the 
                Secretary under subparagraph (A) that are not 
                paid to a worker because of the inability to do 
                so within a period of 5 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 
                section.
          (2) Foreign labor recruiting.--If the employer has 
        retained the services of a foreign labor recruiter, the 
        employer shall use a foreign labor recruiter registered 
        under section 251 of the Farm Workforce Modernization 
        Act of 2019.
          (3) 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-2A process, including payment 
        of the employer's attorneys' fees, application fees, or 
        recruitment costs. An employer and its agents may 
        receive reimbursement for costs that are the 
        responsibility and primarily for the benefit of the 
        worker, such as government-required passport fees.
          (4) Third party contracts.--The contract between an 
        employer and any labor contractor or any foreign labor 
        recruiter (or any agent of such labor contractor or 
        foreign labor recruiter) whom the employer engages 
        shall include a term providing for the termination of 
        such contract for cause if the contractor or recruiter, 
        either directly or indirectly, in the placement or 
        recruitment of H-2A workers seeks or receives payments 
        or other compensation from prospective employees. Upon 
        learning that a labor contractor or foreign labor 
        recruiter has sought or collected such payments, the 
        employer shall so terminate any contracts with such 
        contractor or recruiter.
  (m) Enforcement Authority.--
          (1) In general.--The Secretary of Labor is authorized 
        to take such actions against employers, including 
        imposing appropriate penalties and seeking monetary and 
        injunctive relief and specific performance of 
        contractual obligations, as may be necessary to ensure 
        compliance with the requirements of this section and 
        with the applicable terms and conditions of employment.
          (2) Complaint process.--
                  (A) Process.--The Secretary of Labor shall 
                establish a process for the receipt, 
                investigation, 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 
                employment.
                  (B) Filing.--A complaint referred to in 
                subparagraph (A) may be filed not later than 2 
                years after the date of the conduct that is the 
                subject of the complaint.
                  (C) 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 laws.
                  (D) Decision and remedies.--If the Secretary 
                of Labor finds, after notice and opportunity 
                for a hearing, that the employer failed to 
                comply with the requirements of this section or 
                the terms and conditions of employment, the 
                Secretary of Labor may require payment of 
                unpaid wages, unpaid benefits, fees assessed in 
                violation of this section, damages, and civil 
                money penalties. The Secretary is also 
                authorized to impose other administrative 
                remedies, including disqualification of the 
                employer from utilizing the H-2A program for a 
                period of up to 5 years in the event of willful 
                or multiple material violations. The Secretary 
                is authorized to permanently disqualify an 
                employer from utilizing the H-2A program upon a 
                subsequent finding involving willful or 
                multiple material violations.
                  (E) Disposition of penalties.--Civil 
                penalties collected under this paragraph shall 
                be deposited into the H-2A Labor Certification 
                Fee Account established under section 203 of 
                the Farm Workforce Modernization Act of 2019.
          (3) Statutory construction.--Nothing in this 
        subsection may be construed as limiting the authority 
        of the Secretary of Labor to conduct an investigation--
                  (A) under any other law, including any law 
                affecting migrant and seasonal agricultural 
                workers; or
                  (B) in the absence of a complaint.
          (4) Retaliation prohibited.--It is a violation of 
        this subsection for any person who has filed a petition 
        under this section to intimidate, threaten, restrain, 
        coerce, blacklist, discharge, or in any other manner 
        discriminate against, or to cause any person to 
        intimidate, threaten, restrain, coerce, blacklist, or 
        in any manner discriminate against, an employee, 
        including a former employee or an applicant for 
        employment, because the employee--
                  (A) has disclosed information to the 
                employer, or to any other person, that the 
                employee reasonably believes evidences a 
                violation under this section, or any rule or 
                regulation relating to this section;
                  (B) has filed a complaint concerning the 
                employer's compliance with the requirements 
                under this section or any rule or regulation 
                pertaining to this section;
                  (C) 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 section; or
                  (D) has taken steps to exercise or assert any 
                right or protection under the provisions of 
                this section, or any rule or regulation 
                pertaining to this section, or any other 
                relevant Federal, State, or local law.
          (5) Interagency communication.--The Secretary of 
        Labor, in consultation with the Secretary of Homeland 
        Security, Secretary of State and the Equal Employment 
        Opportunity Commission, shall establish mechanisms by 
        which the agencies and their components share 
        information, including by public electronic means, 
        regarding complaints, studies, investigations, findings 
        and remedies regarding compliance by employers with the 
        requirements of the H-2A program and other employment-
        related laws and regulations.
  (n) Definitions.--In this section:
          (1) Displace.--The term ``displace'' means to lay off 
        a similarly employed United States worker, other than 
        for lawful job-related reasons, in the occupation and 
        area of intended employment for the job for which H-2A 
        workers are sought.
          (2) H-2a worker.--The term ``H-2A worker'' means a 
        nonimmigrant described in section 101(a)(15)(H)(ii)(a).
          (3) Job order.--The term ``job order'' means the 
        document containing the material terms and conditions 
        of employment, including obligations and assurances 
        required under this section or any other law.
          (4) Online job registry.--The term ``online job 
        registry'' means the online job registry of the 
        Secretary of Labor required under section 201(b) of the 
        Farm Workforce Modernization Act of 2019 (or similar 
        successor registry).
          (5) Similarly employed.--The term ``similarly 
        employed'', in the case of a worker, means a worker in 
        the same occupational classification as the 
        classification or classifications for which the H-2A 
        worker is sought.
          (6) United states worker.--The term ``United States 
        worker'' means any worker who is--
                  (A) a citizen or national of the United 
                States;
                  (B) an alien who is lawfully admitted for 
                permanent residence, is admitted as a refugee 
                under section 207, is granted asylum under 
                section 208, or is an immigrant otherwise 
                authorized to be employed in the United States;
                  (C) an alien granted certified agricultural 
                worker status under title I of the Farm 
                Workforce Modernization Act of 2019; or
                  (D) an individual who is not an unauthorized 
                alien (as defined in section 274A(h)(3)) with 
                respect to the employment in which the worker 
                is engaging.
  (o) Fees; Authorization of Appropriations.--
          (1) Fees.--
                  (A) In general.--The Secretary of Homeland 
                Security shall impose a fee to process 
                petitions under this section. Such fee shall be 
                set at a level that is sufficient to recover 
                the reasonable costs of processing the 
                petition, including the reasonable costs of 
                providing labor certification by the Secretary 
                of Labor.
                  (B) Distribution.--Fees collected under 
                subparagraph (A) shall be deposited as 
                offsetting receipts into the immigration 
                examinations fee account in section 286(m), 
                except that the portion of fees assessed for 
                the Secretary of Labor shall be deposited into 
                the H-2A Labor Certification Fee Account 
                established pursuant to section 203(c) of the 
                Farm Workforce Modernization Act of 2019.
          (2) Appropriations.--There are authorized to be 
        appropriated for each fiscal year such sums as 
        necessary for the purposes of--
                  (A) recruiting United States workers for 
                labor or services which might otherwise be 
                performed by H-2A workers, including by 
                ensuring that State workforce agencies are 
                sufficiently funded to fulfill their functions 
                under this section;
                  (B) enabling the Secretary of Labor to make 
                determinations and certifications under this 
                section and under section 212(a)(5)(A)(i);
                  (C) monitoring the terms and conditions under 
                which H-2A workers (and United States workers 
                employed by the same employers) are employed in 
                the United States; and
                  (D) enabling the Secretary of Agriculture to 
                carry out the Secretary of Agriculture's duties 
                and responsibilities under this section.

           *       *       *       *       *       *       *


Chapter 8--General Penalty Provisions

           *       *       *       *       *       *       *


                     unlawful employment of aliens

  Sec. 274A. (a) Making Employment of Unauthorized Aliens 
Unlawful.--
          (1) In general.--It is unlawful for a person or other 
        entity--
                  (A) to hire, or to recruit or refer for a 
                fee, for employment in the United States an 
                alien knowing the alien is an unauthorized 
                alien (as defined in subsection (h)(3)) with 
                respect to such employment, or
                  (B)(i) to hire for employment in the United 
                States an individual without complying with the 
                requirements of subsection (b) or (ii) if the 
                person or entity is an agricultural 
                association, agricultural employer, or farm 
                labor contractor (as defined in section 3 of 
                the Migrant and Seasonal Agricultural Worker 
                Protection Act), to hire, or to recruit or 
                refer for a fee, for employment in the United 
                States an individual without complying with the 
                requirements of [subsection (b).] section 274B.
          (2) Continuing employment.--It is unlawful for a 
        person or other entity, after hiring an alien for 
        employment in accordance with paragraph (1), to 
        continue to employ the alien in the United States 
        knowing the alien is (or has become) an unauthorized 
        alien with respect to such employment.
          (3) Defense.--A person or entity that establishes 
        that it has complied in good faith with the 
        requirements of subsection (b) with respect to the 
        hiring, recruiting, or referral for employment of an 
        alien in the United States has established an 
        affirmative defense that the person or entity has not 
        violated paragraph (1)(A) with respect to such hiring, 
        recruiting, or referral.
          (4) Use of labor through contract.--For purposes of 
        this section, a person or other entity who uses a 
        contract, subcontract, or exchange, entered into, 
        renegotiated, or extended after the date of the 
        enactment of this section, to obtain the labor of an 
        alien in the United States knowing that the alien is an 
        unauthorized alien (as defined in subsection (h)(3)) 
        with respect to performing such labor, shall be 
        considered to have hired the alien for employment in 
        the United States in violation of paragraph (1)(A).
          (5) Use of state employment agency documentation.--
        For purposes of paragraphs (1)(B) and (3), a person or 
        entity shall be deemed to have complied with the 
        requirements of subsection (b) with respect to the 
        hiring of an individual who was referred for such 
        employment by a State employment agency (as defined by 
        the Attorney General), if the person or entity has and 
        retains (for the period and in the manner described in 
        subsection (b)(3)) appropriate documentation of such 
        referral by that agency, which documentation certifies 
        that the agency has complied with the procedures 
        specified in subsection (b) with respect to the 
        individual's referral.
          (6) Treatment of documentation for certain 
        employees.--
                  (A) In general.--For purposes of this 
                section, if--
                          (i) an individual is a member of a 
                        collective-bargaining unit and is 
                        employed, under a collective bargaining 
                        agreement entered into between one or 
                        more employee organizations and an 
                        association of two or more employers, 
                        by an employer that is a member of such 
                        association, and
                          (ii) within the period specified in 
                        subparagraph (B), another employer that 
                        is a member of the association (or an 
                        agent of such association on behalf of 
                        the employer) has complied with the 
                        requirements of subsection (b) with 
                        respect to the employment of the 
                        individual,
                the subsequent employer shall be deemed to have 
                complied with the requirements of subsection 
                (b) with respect to the hiring of the employee 
                and shall not be liable for civil penalties 
                described in subsection (e)(5).
                  (B) Period.--The period described in this 
                subparagraph is 3 years, or, if less, the 
                period of time that the individual is 
                authorized to be employed in the United States.
                  (C) Liability.--
                          (i) In general.--If any employer that 
                        is a member of an association hires for 
                        employment in the United States an 
                        individual and relies upon the 
                        provisions of subparagraph (A) to 
                        comply with the requirements of 
                        subsection (b) and the individual is an 
                        alien not authorized to work in the 
                        United States, then for the purposes of 
                        paragraph (1)(A), subject to clause 
                        (ii), the employer shall be presumed to 
                        have known at the time of hiring or 
                        afterward that the individual was an 
                        alien not authorized to work in the 
                        United States.
                          (ii) Rebuttal of presumption.--The 
                        presumption established by clause (i) 
                        may be rebutted by the employer only 
                        through the presentation of clear and 
                        convincing evidence that the employer 
                        did not know (and could not reasonably 
                        have known) that the individual at the 
                        time of hiring or afterward was an 
                        alien not authorized to work in the 
                        United States.
                          (iii) Exception.--Clause (i) shall 
                        not apply in any prosecution under 
                        subsection (f)(1).
          (7) Application to federal government.--For purposes 
        of this section, the term ``entity'' includes an entity 
        in any branch of the Federal Government.
  (b) Employment Verification System.--[The requirements 
referred] Except as provided in section 274E, the requirements 
referred to in paragraphs (1)(B) and (3) of subsection (a) are, 
in the case of a person or other entity hiring, recruiting, or 
referring an individual for employment in the United States, 
the requirements specified in the following three paragraphs:
          (1) Attestation after examination of documentation.--
                  (A) In general.--The person or entity must 
                attest, under penalty of perjury and on a form 
                designated or established by the Attorney 
                General by regulation, that it has verified 
                that the individual is not an unauthorized 
                alien by examining--
                          (i) a document described in 
                        subparagraph (B), or
                          (ii) a document described in 
                        subparagraph (C) and a document 
                        described in subparagraph (D).
                A person or entity has complied with the 
                requirement of this paragraph with respect to 
                examination of a document if the document 
                reasonably appears on its face to be genuine. 
                If an individual provides a document or 
                combination of documents that reasonably 
                appears on its face to be genuine and that is 
                sufficient to meet the requirements of the 
                first sentence of this paragraph, nothing in 
                this paragraph shall be construed as requiring 
                the person or entity to solicit the production 
                of any other document or as requiring the 
                individual to produce such another document.
                  (B) Documents establishing both employment 
                authorization and identity.--A document 
                described in this subparagraph is an 
                individual's--
                          (i) United States passport;
                          (ii) resident alien card, alien 
                        registration card, or other document 
                        designated by the Attorney General, if 
                        the document--
                                  (I) contains a photograph of 
                                the individual and such other 
                                personal identifying 
                                information relating to the 
                                individual as the Attorney 
                                General finds, by regulation, 
                                sufficient for purposes of this 
                                subsection,
                                  (II) is evidence of 
                                authorization of employment in 
                                the United States, and
                                  (III) contains security 
                                features to make it resistant 
                                to tampering, counterfeiting, 
                                and fraudulent use.
                  (C) Documents evidencing employment 
                authorization.--A document described in this 
                subparagraph is an individual's--
                          (i) social security account number 
                        card (other than such a card which 
                        specifies on the face that the issuance 
                        of the card does not authorize 
                        employment in the United States); or
                          (ii) other documentation evidencing 
                        authorization of employment in the 
                        United States which the Attorney 
                        General finds, by regulation, to be 
                        acceptable for purposes of this 
                        section.
                  (D) Documents establishing identity of 
                individual.--A document described in this 
                subparagraph is an individual's--
                          (i) driver's license or similar 
                        document issued for the purpose of 
                        identification by a State, if it 
                        contains a photograph of the individual 
                        or such other personal identifying 
                        information relating to the individual 
                        as the Attorney General finds, by 
                        regulation, sufficient for purposes of 
                        this section; or
                          (ii) in the case of individuals under 
                        16 years of age or in a State which 
                        does not provide for issuance of an 
                        identification document (other than a 
                        driver's license) referred to in clause 
                        (i), documentation of personal identity 
                        of such other type as the Attorney 
                        General finds, by regulation, provides 
                        a reliable means of identification.
                  (E) Authority to prohibit use of certain 
                documents.--If the Attorney General finds, by 
                regulation, that any document described in 
                subparagraph (B), (C), or (D) as establishing 
                employment authorization or identity does not 
                reliably establish such authorization or 
                identity or is being used fraudulently to an 
                unacceptable degree, the Attorney General may 
                prohibit or place conditions on its use for 
                purposes of this subsection.
          (2) Individual attestation of employment 
        authorization.--The individual must attest, under 
        penalty of perjury on the form designated or 
        established for purposes of paragraph (1), that the 
        individual is a citizen or national of the United 
        States, an alien lawfully admitted for permanent 
        residence, or an alien who is authorized under this Act 
        or by the Attorney General to be hired, recruited, or 
        referred for such employment.
          (3) Retention of verification form.--After completion 
        of such form in accordance with paragraphs (1) and (2), 
        the person or entity must retain the form and make it 
        available for inspection by officers of the Service, 
        the Special Counsel for Immigration-Related Unfair 
        Employment Practices, or the Department of Labor during 
        a period beginning on the date of the hiring, 
        recruiting, or referral of the individual and ending--
                  (A) in the case of the recruiting or referral 
                for a fee (without hiring) of an individual, 
                three years after the date of the recruiting or 
                referral, and
                  (B) in the case of the hiring of an 
                individual--
                          (i) three years after the date of 
                        such hiring, or
                          (ii) one year after the date the 
                        individual's employment is terminated,
                whichever is later.
          (4) Copying of documentation permitted.--
        Notwithstanding any other provision of law, the person 
        or entity may copy a document presented by an 
        individual pursuant to this subsection and may retain 
        the copy, but only (except as otherwise permitted under 
        law) for the purpose of complying with the requirements 
        of this subsection.
          (5) Limitation on use of attestation form.--A form 
        designated or established by the Attorney General under 
        this subsection and any information contained in or 
        appended to such form, may not be used for purposes 
        other than for enforcement of this Act and sections 
        1001, 1028, 1546, and 1621 of title 18, United States 
        Code.
          (6) Good faith compliance.--
                  (A) In general.--Except as provided in 
                subparagraphs (B) and (C), a person or entity 
                is considered to have complied with a 
                requirement of this subsection notwithstanding 
                a technical or procedural failure to meet such 
                requirement if there was a good faith attempt 
                to comply with the requirement.
                  (B) Exception if failure to correct after 
                notice.--Subparagraph (A) shall not apply if--
                          (i) the Service (or another 
                        enforcement agency) has explained to 
                        the person or entity the basis for the 
                        failure,
                          (ii) the person or entity has been 
                        provided a period of not less than 10 
                        business days (beginning after the date 
                        of the explanation) within which to 
                        correct the failure, and
                          (iii) the person or entity has not 
                        corrected the failure voluntarily 
                        within such period.
                  (C) Exception for pattern or practice 
                violators.--Subparagraph (A) shall not apply to 
                a person or entity that has or is engaging in a 
                pattern or practice of violations of subsection 
                (a)(1)(A) or (a)(2).
  (c) No Authorization of National Identification Cards.--
Nothing in this section shall be construed to authorize, 
directly or indirectly, the issuance or use of national 
identification cards or the establishment of a national 
identification card.
  (d) Evaluation and Changes in Employment Verification 
System.--
          (1) Presidential monitoring and improvements in 
        system.--
                  (A) Monitoring.--The President shall provide 
                for the monitoring and evaluation of the degree 
                to which the employment verification system 
                established under subsection (b) provides a 
                secure system to determine employment 
                eligibility in the United States and shall 
                examine the suitability of existing Federal and 
                State identification systems for use for this 
                purpose.
                  (B) Improvements to establish secure 
                system.--To the extent that the system 
                established under subsection (b) is found not 
                to be a secure system to determine employment 
                eligibility in the United States, the President 
                shall, subject to paragraph (3) and taking into 
                account the results of any demonstration 
                projects conducted under paragraph (4), 
                implement such changes in (including additions 
                to) the requirements of subsection (b) as may 
                be necessary to establish a secure system to 
                determine employment eligibility in the United 
                States. Such changes in the system may be 
                implemented only if the changes conform to the 
                requirements of paragraph (2).
          (2) Restrictions on changes in system.--Any change 
        the President proposes to implement under paragraph (1) 
        in the verification system must be designed in a manner 
        so the verification system, as so changed, meets the 
        following requirements:
                  (A) Reliable determination of identity.--The 
                system must be capable of reliably determining 
                whether--
                          (i) a person with the identity 
                        claimed by an employee or prospective 
                        employee is eligible to work, and
                          (ii) the employee or prospective 
                        employee is claiming the identity of 
                        another individual.
                  (B) Using of counterfeit-resistant 
                documents.--If the system requires that a 
                document be presented to or examined by an 
                employer, the document must be in a form which 
                is resistant to counterfeiting and tampering.
                  (C) Limited use of system.--Any personal 
                information utilized by the system may not be 
                made available to Government agencies, 
                employers, and other persons except to the 
                extent necessary to verify that an individual 
                is not an unauthorized alien.
                  (D) Privacy of information.--The system must 
                protect the privacy and security of personal 
                information and identifiers utilized in the 
                system.
                  (E) Limited denial of verification.--A 
                verification that an employee or prospective 
                employee is eligible to be employed in the 
                United States may not be withheld or revoked 
                under the system for any reason other than that 
                the employee or prospective employee is an 
                unauthorized alien.
                  (F) Limited use for law enforcement 
                purposes.--The system may not be used for law 
                enforcement purposes, other than for 
                enforcement of this Act or sections 1001, 1028, 
                1546, and 1621 of title 18, United States Code.
                  (G) Restriction on use of new documents.--If 
                the system requires individuals to present a 
                new card or other document (designed 
                specifically for use for this purpose) at the 
                time of hiring, recruitment, or referral, then 
                such document may not be required to be 
                presented for any purpose other than under this 
                Act (or enforcement of sections 1001, 1028, 
                1546, and 1621 of title 18, United States Code) 
                nor to be carried on one's person.
          (3) Notice to congress before implementing changes.--
                  (A) In general.--The President may not 
                implement any change under paragraph (1) unless 
                at least--
                          (i) 60 days,
                          (ii) one year, in the case of a major 
                        change described in subparagraph 
                        (D)(iii), or
                          (iii) two years, in the case of a 
                        major change described in clause (i) or 
                        (ii) of subparagraph (D),
                before the date of implementation of the 
                change, the President has prepared and 
                transmitted to the Committee on the Judiciary 
                of the House of Representatives and to the 
                Committee on the Judiciary of the Senate a 
                written report setting forth the proposed 
                change. If the President proposes to make any 
                change regarding social security account number 
                cards, the President shall transmit to the 
                Committee on Ways and Means of the House of 
                Representatives and to the Committee on Finance 
                of the Senate a written report setting forth 
                the proposed change. The President promptly 
                shall cause to have printed in the Federal 
                Register the substance of any major change 
                (described in subparagraph (D)) proposed and 
                reported to Congress.
                  (B) Contents of report.--In any report under 
                subparagraph (A) the President shall include 
                recommendations for the establishment of civil 
                and criminal sanctions for unauthorized use or 
                disclosure of the information or identifiers 
                contained in such system.
                  (C) Congressional review of major changes.--
                          (i) Hearings and review.--The 
                        Committees on the Judiciary of the 
                        House of Representatives and of the 
                        Senate shall cause to have printed in 
                        the Congressional Record the substance 
                        of any major change described in 
                        subparagraph (D), shall hold hearings 
                        respecting the feasibility and 
                        desirability of implementing such a 
                        change, and, within the two year period 
                        before implementation, shall report to 
                        their respective Houses findings on 
                        whether or not such a change should be 
                        implemented.
                          (ii) Congressional action.--No major 
                        change may be implemented unless the 
                        Congress specifically provides, in an 
                        appropriations or other Act, for funds 
                        for implementation of the change.
                  (D) Major changes defined.--As used in this 
                paragraph, the term ``major change'' means a 
                change which would--
                          (i) require an individual to present 
                        a new card or other document (designed 
                        specifically for use for this purpose) 
                        at the time of hiring, recruitment, or 
                        referral,
                          (ii) provide for a telephone 
                        verification system under which an 
                        employer, recruiter, or referrer must 
                        transmit to a Federal official 
                        information concerning the immigration 
                        status of prospective employees and the 
                        official transmits to the person, and 
                        the person must record, a verification 
                        code, or
                          (iii) require any change in any card 
                        used for accounting purposes under the 
                        Social Security Act, including any 
                        change requiring that the only social 
                        security account number cards which may 
                        be presented in order to comply with 
                        subsection (b)(1)(C)(i) are such cards 
                        as are in a counterfeit-resistant form 
                        consistent with the second sentence of 
                        section 205(c)(2)(D) of the Social 
                        Security Act.
                  (E) General revenue funding of social 
                security card changes.--Any costs incurred in 
                developing and implementing any change 
                described in subparagraph (D)(iii) for purposes 
                of this subsection shall not be paid for out of 
                any trust fund established under the Social 
                Security Act.
          (4) Demonstration projects.--
                  (A) Authority.--The President may undertake 
                demonstration projects (consistent with 
                paragraph (2)) of different changes in the 
                requirements of subsection (b). No such project 
                may extend over a period of longer than five 
                years.
                  (B) Reports on projects.--The President shall 
                report to the Congress on the results of 
                demonstration projects conducted under this 
                paragraph.
  (e) Compliance.--
          (1) Complaints and investigations.--The Attorney 
        General shall establish procedures--
                  (A) for individuals and entities to file 
                written, signed complaints respecting potential 
                violations of subsection (a) or (g)(1),
                  (B) for the investigation of those complaints 
                which, on their face, have a substantial 
                probability of validity,
                  (C) for the investigation of such other 
                violations of subsection (a) or (g)(1) as the 
                Attorney General determines to be appropriate, 
                and
                  (D) for the designation in the Service of a 
                unit which has, as its primary duty, the 
                prosecution of cases of violations of 
                subsection (a) or (g)(1) under this subsection.
          (2) Authority in investigations.--In conducting 
        investigations and hearings under this subsection--
                  (A) immigration officers and administrative 
                law judges shall have reasonable access to 
                examine evidence of any person or entity being 
                investigated,
                  (B) administrative law judges, may, if 
                necessary, compel by subpoena the attendance of 
                witnesses and the production of evidence at any 
                designated place or hearing, and
                  (C) immigration officers designated by the 
                Commissioner may compel by subpoena the 
                attendance of witnesses and the production of 
                evidence at any designated place prior to the 
                filing of a complaint in a case under paragraph 
                (2).
        In case of contumacy or refusal to obey a subpoena 
        lawfully issued under this paragraph and upon 
        application of the Attorney General, an appropriate 
        district court of the United States may issue an order 
        requiring compliance with such subpoena and any failure 
        to obey such order may be punished by such court as a 
        contempt thereof.
          (3) Hearing.--
                  (A) In general.--Before imposing an order 
                described in paragraph (4), (5), or (6) against 
                a person or entity under this subsection for a 
                violation of subsection (a) or (g)(1), the 
                Attorney General shall provide the person or 
                entity with notice and, upon request made 
                within a reasonable time (of not less than 30 
                days, as established by the Attorney General) 
                of the date of the notice, a hearing respecting 
                the violation.
                  (B) Conduct of hearing.--Any hearing so 
                requested shall be conducted before an 
                administrative law judge. The hearing shall be 
                conducted in accordance with the requirements 
                of section 554 of title 5, United States Code. 
                The hearing shall be held at the nearest 
                practicable place to the place where the person 
                or entity resides or of the place where the 
                alleged violation occurred. If no hearing is so 
                requested, the Attorney General's imposition of 
                the order shall constitute a final and 
                unappealable order.
                  (C) Issuance of orders.--If the 
                administrative law judge determines, upon the 
                preponderance of the evidence received, that a 
                person or entity named in the complaint has 
                violated subsection (a) or (g)(1), the 
                administrative law judge shall state his 
                findings of fact and issue and cause to be 
                served on such person or entity an order 
                described in paragraph (4), (5), or (6).
          (4) Cease and desist order with civil money penalty 
        for hiring, recruiting, and referral violations.--With 
        respect to a violation of subsection (a)(1)(A) or 
        (a)(2), the order under this subsection--
                  (A) shall require the person or entity to 
                cease and desist from such violations and to 
                pay a civil penalty in an amount of--
                          (i) not less than $250 and not more 
                        than $2,000 for each unauthorized alien 
                        with respect to whom a violation of 
                        either such subsection occurred,
                          (ii) not less than $2,000 and not 
                        more than $5,000 for each such alien in 
                        the case of a person or entity 
                        previously subject to one order under 
                        this paragraph, or
                          (iii) not less than $3,000 and not 
                        more than $10,000 for each such alien 
                        in the case of a person or entity 
                        previously subject to more than one 
                        order under this paragraph; and
                  (B) may require the person or entity--
                          (i) to comply with the requirements 
                        of subsection (b) (or subsection (d) if 
                        applicable) with respect to individuals 
                        hired (or recruited or referred for 
                        employment for a fee) during a period 
                        of up to three years, and
                          (ii) to take such other remedial 
                        action as is appropriate.
                In applying this subsection in the case of a 
                person or entity composed of distinct, 
                physically separate subdivisions each of which 
                provides separately for the hiring, recruiting, 
                or referring for employment, without reference 
                to the practices of, and not under the control 
                of or common control with, another subdivision, 
                each such subdivision shall be considered a 
                separate person or entity.
          (5) Order for civil money penalty for paperwork 
        violations.--With respect to a violation of subsection 
        (a)(1)(B), the order under this subsection shall 
        require the person or entity to pay a civil penalty in 
        an amount of not less than $100 and not more than 
        $1,000 for each individual with respect to whom such 
        violation occurred. In determining the amount of the 
        penalty, due consideration shall be given to the size 
        of the business of the employer being charged, the good 
        faith of the employer, the seriousness of the 
        violation, whether or not the individual was an 
        unauthorized alien, and the history of previous 
        violations.
          (6) Order for prohibited indemnity bonds.--With 
        respect to a violation of subsection (g)(1), the order 
        under this subsection may provide for the remedy 
        described in subsection (g)(2).
          (7) Administrative appellate review.--The decision 
        and order of an administrative law judge shall become 
        the final agency decision and order of the Attorney 
        General unless either (A) within 30 days, an official 
        delegated by regulation to exercise review authority 
        over the decision and order modifies or vacates the 
        decision and order, or (B) within 30 days of the date 
        of such a modification or vacation (or within 60 days 
        of the date of decision and order of an administrative 
        law judge if not so modified or vacated) the decision 
        and order is referred to the Attorney General pursuant 
        to regulations, in which case the decision and order of 
        the Attorney General shall become the final agency 
        decision and order under this subsection. The Attorney 
        General may not delegate the Attorney General's 
        authority under this paragraph to any entity which has 
        review authority over immigration-related matters.
          (8) Judicial review.--A person or entity adversely 
        affected by a final order respecting an assessment may, 
        within 45 days after the date the final order is 
        issued, file a petition in the Court of Appeals for the 
        appropriate circuit for review of the order.
          (9) Enforcement of orders.--If a person or entity 
        fails to comply with a final order issued under this 
        subsection against the person or entity, the Attorney 
        General shall file a suit to seek compliance with the 
        order in any appropriate district court of the United 
        States. In any such suit, the validity and 
        appropriateness of the final order shall not be subject 
        to review.
  (f) Criminal Penalties and Injunctions for Pattern or 
Practice Violations.--
          (1) Criminal penalty.--Any person or entity which 
        engages in a pattern or practice of violations of 
        subsection (a)(1)(A) or (a)(2) shall be fined not more 
        than $3,000 for each unauthorized alien with respect to 
        whom such a violation occurs, imprisoned for not more 
        than six months for the entire pattern or practice, or 
        both, notwithstanding the provisions of any other 
        Federal law relating to fine levels.
          (2) Enjoining of pattern or practice violations.--
        Whenever the Attorney General has reasonable cause to 
        believe that a person or entity is engaged in a pattern 
        or practice of employment, recruitment, or referral in 
        violation of paragraph (1)(A) or (2) of subsection (a), 
        the Attorney General may bring a civil action in the 
        appropriate district court of the United States 
        requesting such relief, including a permanent or 
        temporary injunction, restraining order, or other order 
        against the person or entity, as the Attorney General 
        deems necessary.
  (g) Prohibition of Indemnity Bonds.--
          (1) Prohibition.--It is unlawful for a person or 
        other entity, in the hiring, recruiting, or referring 
        for employment of any individual, to require the 
        individual to post a bond or security, to pay or agree 
        to pay an amount, or otherwise to provide a financial 
        guarantee or indemnity, against any potential liability 
        arising under this section relating to such hiring, 
        recruiting, or referring of the individual.
          (2) Civil penalty.--Any person or entity which is 
        determined, after notice and opportunity for an 
        administrative hearing under subsection (e), to have 
        violated paragraph (1) shall be subject to a civil 
        penalty of $1,000 for each violation and to an 
        administrative order requiring the return of any 
        amounts received in violation of such paragraph to the 
        employee or, if the employee cannot be located, to the 
        general fund of the Treasury.
  (h) Miscellaneous Provisions.--
          (1) Documentation.--In providing documentation or 
        endorsement of authorization of aliens (other than 
        aliens lawfully admitted for permanent residence) 
        authorized to be employed in the United States, the 
        Attorney General shall provide that any limitations 
        with respect to the period or type of employment or 
        employer shall be conspicuously stated on the 
        documentation or endorsement.
          (2) Preemption.--The provisions of this section 
        preempt any State or local law imposing civil or 
        criminal sanctions (other than through licensing and 
        similar laws) upon those who employ, or recruit or 
        refer for a fee for employment, unauthorized aliens.
          (3) Definition of unauthorized alien.--As used in 
        this section, the term ``unauthorized alien'' means, 
        with respect to the employment of an alien at a 
        particular time, that the alien is not at that time 
        either (A) an alien lawfully admitted for permanent 
        residence, or (B) authorized to be so employed by this 
        Act or by the Attorney General.

            unfair immigration-related employment practices

  Sec. 274B. (a) Prohibition of Discrimination Based on 
National Origin or Citizenship Status.--
          (1) General rule.--It is an unfair immigration-
        related employment practice for a person or other 
        entity to discriminate against any individual (other 
        than an unauthorized alien, as defined in section 
        274A(h)(3)) with respect to the hiring, or recruitment 
        or referral for a fee, including misuse of the 
        verification system as described in section 274E(g) of 
        the individual for employment or the discharging of the 
        individual from employment--
                  (A) because of such individual's national 
                origin, or
                  (B) in the case of a protected individual (as 
                defined in paragraph (3)), because of such 
                individual's citizenship status.
          (2) Exceptions.--Paragraph (1) shall not apply to--
                  (A) a person or other entity that employs 
                three or fewer employees,
                  (B) a person's or entity's discrimination 
                because of an individual's national origin if 
                the discrimination with respect to that person 
                or entity and that individual is covered under 
                section 703 of the Civil Rights Act of 1964, or
                  (C) discrimination because of citizenship 
                status which is otherwise required in order to 
                comply with law, regulation, or executive 
                order, or required by Federal, State, or local 
                government contract, or which the Attorney 
                General determines to be essential for an 
                employer to do business with an agency or 
                department of the Federal, State, or local 
                government.
          (3) Definition of protected individual.--As used in 
        paragraph (1), the term ``protected individual'' means 
        an individual who--
                  (A) is a citizen or national of the United 
                States, or
                  (B) is an alien who is lawfully admitted for 
                permanent residence, is granted the status of 
                an alien lawfully admitted for temporary 
                residence under section 210(a) or 245A(a)(1), 
                is admitted as a refugee under section 207, or 
                is granted asylum under section 208; but does 
                not include (i) an alien who fails to apply for 
                naturalization within six months of the date 
                the alien first becomes eligible (by virtue of 
                period of lawful permanent residence) to apply 
                for naturalization or, if later, within six 
                months after the date of the enactment of this 
                section and (ii) an alien who has applied on a 
                timely basis, but has not been naturalized as a 
                citizen within 2 years after the date of the 
                application, unless the alien can establish 
                that the alien is actively pursuing 
                naturalization, except that time consumed in 
                the Service's processing the application shall 
                not be counted toward the 2-year period.
          (4) Additional exception providing right to prefer 
        equally qualified citizens.--Notwithstanding any other 
        provision of this section, it is not an unfair 
        immigration-related employment practice for a person or 
        other entity to prefer to hire, recruit, or refer an 
        individual who is a citizen or national of the United 
        States over another individual who is an alien if the 
        two individuals are equally qualified.
          (5) Prohibition of intimidation or retaliation.--It 
        is also an unfair immigration-related employment 
        practice for a person or other entity to intimidate, 
        threaten, coerce, or retaliate against any individual 
        for the purpose of interfering with any right or 
        privilege secured under this section or because the 
        individual intends to file or has filed a charge or a 
        complaint, testified, assisted, or participated in any 
        manner in an investigation, proceeding, or hearing 
        under this section. An individual so intimidated, 
        threatened, coerced, or retaliated against shall be 
        considered, for purposes of subsections (d) and (g), to 
        have been discriminated against.
          (6) Treatment of certain documentary practices as 
        employment practices.--A person's or other entity's 
        request, for purposes of satisfying the requirements of 
        section 274A(b), for more or different documents than 
        are required under such section or refusing to honor 
        documents tendered that on their face reasonably appear 
        to be genuine shall be treated as an unfair 
        immigration-related employment practice if made for the 
        purpose or with the intent of discriminating against an 
        individual in violation of paragraph (1).
  (b) Charges of Violations.--
          (1) In general.--Except as provided in paragraph (2), 
        any person alleging that the person is adversely 
        affected directly by an unfair immigration-related 
        employment practice (or a person on that person's 
        behalf) or an officer of the Service alleging that an 
        unfair immigration-related employment practice has 
        occurred or is occurring may file a charge respecting 
        such practice or violation with the Special Counsel 
        (appointed under subsection (c)). Charges shall be in 
        writing under oath or affirmation and shall contain 
        such information as the Attorney General requires. The 
        Special Counsel by certified mail shall serve a notice 
        of the charge (including the date, place, and 
        circumstances of the alleged unfair immigration-related 
        employment practice) on the person or entity involved 
        within 10 days.
          (2) No overlap with eeoc complaints.--No charge may 
        be filed respecting an unfair immigration-related 
        employment practice described in subsection (a)(1)(A) 
        if a charge with respect to that practice based on the 
        same set of facts has been filed with the Equal 
        Employment Opportunity Commission under title VII of 
        the Civil Rights Act of 1964, unless the charge is 
        dismissed as being outside the scope of such title. No 
        charge respecting an employment practice may be filed 
        with the Equal Employment Opportunity Commission under 
        such title if a charge with respect to such practice 
        based on the same set of facts has been filed under 
        this subsection, unless the charge is dismissed under 
        this section as being outside the scope of this 
        section.
  (c) Special Counsel.--
          (1) Appointment.--The President shall appoint, by and 
        with the advice and consent of the Senate, a Special 
        Counsel for Immigration-Related Unfair Employment 
        Practices (hereinafter in this section referred to as 
        the ``Special Counsel'') within the Department of 
        Justice to serve for a term of four years. In the case 
        of a vacancy in the office of the Special Counsel the 
        President may designate the officer or employee who 
        shall act as Special Counsel during such vacancy.
          (2) Duties.--The Special Counsel shall be responsible 
        for investigation of charges and issuance of complaints 
        under this section and in respect of the prosecution of 
        all such complaints before administrative law judges 
        and the exercise of certain functions under subsection 
        (j)(1).
          (3) Compensation.--The Special Counsel is entitled to 
        receive compensation at a rate not to exceed the rate 
        now or hereafter provided for grade GS-17 of the 
        General Schedule, under section 5332 of title 5, United 
        States Code.
          (4) Regional offices.--The Special Counsel, in 
        accordance with regulations of the Attorney General, 
        shall establish such regional offices as may be 
        necessary to carry out his duties.
  (d) Investigation of Charges.--
          (1) By special counsel.--The Special Counsel shall 
        investigate each charge received and, within 120 days 
        of the date of the receipt of the charge, determine 
        whether or not there is reasonable cause to believe 
        that the charge is true and whether or not to bring a 
        complaint with respect to the charge before an 
        administrative law judge. The Special Counsel may, on 
        his own initiative, conduct investigations respecting 
        unfair immigration-related employment practices and, 
        based on such an investigation and subject to paragraph 
        (3), file a complaint before such a judge.
          (2) Private actions.--If the Special Counsel, after 
        receiving such a charge respecting an unfair 
        immigration-related employment practice which alleges 
        knowing and intentional discriminatory activity or a 
        pattern or practice of discriminatory activity, has not 
        filed a complaint before an administrative law judge 
        with respect to such charge within such 120-day period, 
        the Special Counsel shall notify the person making the 
        charge of the determination not to file such a 
        complaint during such period and the person making the 
        charge may (subject to paragraph (3)) file a complaint 
        directly before such a judge within 90 days after the 
        date of receipt of the notice. The Special Counsel's 
        failure to file such a complaint within such 120-day 
        period shall not affect the right of the Special 
        Counsel to investigate the charge or to bring a 
        complaint before an administrative law judge during 
        such 90-day period.
          (3) Time limitations on complaints.--No complaint may 
        be filed respecting any unfair immigration-related 
        employment practice occurring more than 180 days prior 
        to the date of the filing of the charge with the 
        Special Counsel. This subparagraph shall not prevent 
        the subsequent amending of a charge or complaint under 
        subsection (e)(1).
  (e) Hearings.--
          (1) Notice.--Whenever a complaint is made that a 
        person or entity has engaged in or is engaging in any 
        such unfair immigration-related employment practice, an 
        administrative law judge shall have power to issue and 
        cause to be served upon such person or entity a copy of 
        the complaint and a notice of hearing before the judge 
        at a place therein fixed, not less than five days after 
        the serving of the complaint. Any such complaint may be 
        amended by the judge conducting the hearing, upon the 
        motion of the party filing the complaint, in the 
        judge's discretion at any time prior to the issuance of 
        an order based thereon. The person or entity so 
        complained of shall have the right to file an answer to 
        the original or amended complaint and to appear in 
        person or otherwise and give testimony at the place and 
        time fixed in the complaint.
          (2) Judges hearing cases.--Hearings on complaints 
        under this subsection shall be considered before 
        administrative law judges who are specially designated 
        by the Attorney General as having special training 
        respecting employment discrimination and, to the extent 
        practicable, before such judges who only consider cases 
        under this section.
          (3) Complainant as party.--Any person filing a charge 
        with the Special Counsel respecting an unfair 
        immigration-related employment practice shall be 
        considered a party to any complaint before an 
        administrative law judge respecting such practice and 
        any subsequent appeal respecting that complaint. In the 
        discretion of the judge conducting the hearing, any 
        other person may be allowed to intervene in the 
        proceeding and to present testimony.
  (f) Testimony and Authority of Hearing Officers.--
          (1) Testimony.--The testimony taken by the 
        administrative law judge shall be reduced to writing. 
        Thereafter, the judge, in his discretion, upon notice 
        may provide for the taking of further testimony or hear 
        argument.
          (2) Authority of administrative law judges.--In 
        conducting investigations and hearings under this 
        subsection and in accordance with regulations of the 
        Attorney General, the Special Counsel and 
        administrative law judges shall have reasonable access 
        to examine evidence of any person or entity being 
        investigated. The administrative law judges by subpoena 
        may compel the attendance of witnesses and the 
        production of evidence at any designated place or 
        hearing. In case of contumacy or refusal to obey a 
        subpoena lawfully issued under this paragraph and upon 
        application of the administrative law judge, an 
        appropriate district court of the United States may 
        issue an order requiring compliance with such subpoena 
        and any failure to obey such order may be punished by 
        such court as a contempt thereof.
  (g) Determinations.--
          (1) Order.--The administrative law judge shall issue 
        and cause to be served on the parties to the proceeding 
        an order, which shall be final unless appealed as 
        provided under subsection (i).
          (2) Orders finding violations.--
                  (A) In general.--If, upon the preponderance 
                of the evidence, an administrative law judge 
                determines that any person or entity named in 
                the complaint has engaged in or is engaging in 
                any such unfair immigration-related employment 
                practice, then the judge shall state his 
                findings of fact and shall issue and cause to 
                be served on such person or entity an order 
                which requires such person or entity to cease 
                and desist from such unfair immigration-related 
                employment practice.
                  (B) Contents of order.--Such an order also 
                may require the person or entity--
                          (i) to comply with the requirements 
                        of section 274A(b) with respect to 
                        individuals hired (or recruited or 
                        referred for employment for a fee) 
                        during a period of up to three years;
                          (ii) to retain for the period 
                        referred to in clause (i) and only for 
                        purposes consistent with section 
                        274A(b)(5), the name and address of 
                        each individual who applies, in person 
                        or in writing, for hiring for an 
                        existing position, or for recruiting or 
                        referring for a fee, for employment in 
                        the United States;
                          (iii) to hire individuals directly 
                        and adversely affected, with or without 
                        back pay;
                          (iv)(I) except as provided in 
                        subclauses (II) through (IV), to pay a 
                        civil penalty of not less than $250 and 
                        not more than $2,000 for each 
                        individual discriminated against,
                          (II) except as provided in subclauses 
                        (III) and (IV), in the case of a person 
                        or entity previously subject to a 
                        single order under this paragraph, to 
                        pay a civil penalty of not less than 
                        $2,000 and not more than $5,000 for 
                        each individual discriminated against,
                          (III) except as provided in subclause 
                        (IV), in the case of a person or entity 
                        previously subject to more than one 
                        order under this paragraph, to pay a 
                        civil penalty of not less than $3,000 
                        and not more than $10,000 for each 
                        individual discriminated against, and
                          (IV) in the case of an unfair 
                        immigration-related employment practice 
                        described in subsection (a)(6), to pay 
                        a civil penalty of not less than $100 
                        and not more than $1,000 for each 
                        individual discriminated against;
                          (v) to post notices to employees 
                        about their rights under this section 
                        and employers' obligations under 
                        section 274A;
                          (vi) to educate all personnel 
                        involved in hiring and complying with 
                        this section or section 274A about the 
                        requirements of this section or such 
                        section;
                          (vii) to remove (in an appropriate 
                        case) a false performance review or 
                        false warning from an employee's 
                        personnel file; and
                          (viii) to lift (in an appropriate 
                        case) any restrictions on an employee's 
                        assignments, work shifts, or movements.
                  (C) Limitation on back pay remedy.--In 
                providing a remedy under subparagraph (B)(iii), 
                back pay liability shall not accrue from a date 
                more than two years prior to the date of the 
                filing of a charge with the Special Counsel. 
                Interim earnings or amounts earnable with 
                reasonable diligence by the individual or 
                individuals discriminated against shall operate 
                to reduce the back pay otherwise allowable 
                under such subparagraph. No order shall require 
                the hiring of an individual as an employee or 
                the payment to an individual of any back pay, 
                if the individual was refused employment for 
                any reason other than discrimination on account 
                of national origin or citizenship status.
                  (D) Treatment of distinct entities.--In 
                applying this subsection in the case of a 
                person or entity composed of distinct, 
                physically separate subdivisions each of which 
                provides separately for the hiring, recruiting, 
                or referring for employment, without reference 
                to the practices of, and not under the control 
                of or common control with, another subdivision, 
                each such subdivision shall be considered a 
                separate person or entity.
          (3) Orders not finding violations.--If upon the 
        preponderance of the evidence an administrative law 
        judge determines that the person or entity named in the 
        complaint has not engaged and is not engaging in any 
        such unfair immigration-related employment practice, 
        then the judge shall state his findings of fact and 
        shall issue an order dismissing the complaint.
  (h) Awarding of Attorney's Fees.--In any complaint respecting 
an unfair immigration-related employment practice, an 
administrative law judge, in the judge's discretion, may allow 
a prevailing party, other than the United States, a reasonable 
attorney's fee, if the losing party's argument is without 
reasonable foundation in law and fact.
  (i) Review of Final Orders.--
          (1) In general.--Not later than 60 days after the 
        entry of such final order, any person aggrieved by such 
        final order may seek a review of such order in the 
        United States court of appeals for the circuit in which 
        the violation is alleged to have occurred or in which 
        the employer resides or transacts business.
          (2) Further review.--Upon the filing of the record 
        with the court, the jurisdiction of the court shall be 
        exclusive and its judgment shall be final, except that 
        the same shall be subject to review by the Supreme 
        Court of the United States upon writ of certiorari or 
        certification as provided in section 1254 of title 28, 
        United States Code.
  (j) Court Enforcement of Administrative Orders.--
          (1) In general.--If an order of the agency is not 
        appealed under subsection (i)(1), the Special Counsel 
        (or, if the Special Counsel fails to act, the person 
        filing the charge) may petition the United States 
        district court for the district in which a violation of 
        the order is alleged to have occurred, or in which the 
        respondent resides or transacts business, for the 
        enforcement of the order of the administrative law 
        judge, by filing in such court a written petition 
        praying that such order be enforced.
          (2) Court enforcement order--Upon the filing of such 
        petition, the court shall have jurisdiction to make and 
        enter a decree enforcing the order of the 
        administrative law judge. In such a proceeding, the 
        order of the administrative law judge shall not be 
        subject to review.
          (3) Enforcement decree in original review.--If, upon 
        appeal of an order under subsection (i)(1), the United 
        States court of appeals does not reverse such order, 
        such court shall have the jurisdiction to make and 
        enter a decree enforcing the order of the 
        administrative law judge.
          (4) Awarding of attorney's fees.--In any judicial 
        proceeding under subsection (i) or this subsection, the 
        court, in its discretion, may allow a prevailing party, 
        other than the United States, a reasonable attorney's 
        fee as part of costs but only if the losing party's 
        argument is without reasonable foundation in law and 
        fact.
  (k) Termination Dates.--
          (1) This section shall not apply to discrimination in 
        hiring, recruiting, referring, or discharging of 
        individuals occurring after the date of any termination 
        of the provisions of section 274A, under subsection (l) 
        of that section.
          (2) The provisions of this section shall terminate 30 
        calendar days after receipt of the last report required 
        to be transmitted under section 274A(j) if--
                  (A) the Comptroller General determines, and 
                so reports in such report that--
                          (i) no significant discrimination has 
                        resulted, against citizens or nationals 
                        of the United States or against any 
                        eligible workers seeking employment, 
                        from the implementation of section 
                        274A, or
                          (ii) such section has created an 
                        unreasonable burden on employers hiring 
                        such workers; and
                  (B) there has been enacted, within such 
                period of 30 calendar days, a joint resolution 
                stating in substance that the Congress approves 
                the findings of the Comptroller General 
                contained in such report.
        The provisions of subsections (m) and (n) of section 
        274A shall apply to any joint resolution under 
        subparagraph (B) in the same manner as they apply to a 
        joint resolution under subsection (l) of such section.
  (l) Dissemination of Information Concerning Anti-
Discrimination Provisions.--
          (1) Not later than 3 months after the date of the 
        enactment of this subsection, the Special Counsel, in 
        cooperation with the chairman of the Equal Employment 
        Opportunity Commission, the Secretary of Labor, and the 
        Administrator of the Small Business Administration, 
        shall conduct a campaign to disseminate information 
        respecting the rights and remedies prescribed under 
        this section and under title VII of the Civil Rights 
        Act of 1964 in connection with unfair immigration-
        related employment practices. Such campaign shall be 
        aimed at increasing the knowledge of employers, 
        employees, and the general public concerning employer 
        and employee rights, responsibilities, and remedies 
        under this section and such title.
          (2) In order to carry out the campaign under this 
        subsection, the Special Counsel--
                  (A) may, to the extent deemed appropriate and 
                subject to the availability of appropriations, 
                contract with public and private organizations 
                for outreach activities under the campaign, and
                  (B) shall consult with the Secretary of 
                Labor, the chairman of the Equal Employment 
                Opportunity Commission, and the heads of such 
                other agencies as may be appropriate.
          (3) There are authorized to be appropriated to carry 
        out this subsection $10,000,000 for each fiscal year 
        (beginning with fiscal year 1991).

           *       *       *       *       *       *       *


SEC. 274E. REQUIREMENTS FOR THE ELECTRONIC VERIFICATION OF EMPLOYMENT 
                    ELIGIBILITY.

  (a) Employment Eligibility Verification System.--
          (1) In general.--The Secretary of Homeland Security 
        (referred to in this section as the ``Secretary'') 
        shall establish and administer an electronic 
        verification system (referred to in this section as the 
        ``System''), patterned on the E-Verify Program 
        described in section 403(a) of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 (8 
        U.S.C. 1324a note) (as in effect on the day before the 
        effective date described in section 303(a)(4) of the 
        Farm Workforce Modernization Act of 2019), and using 
        the employment eligibility confirmation system 
        established under section 404 of such Act (8 U.S.C. 
        1324a note) (as so in effect) as a foundation, through 
        which the Secretary shall--
                  (A) respond to inquiries made by persons or 
                entities seeking to verify the identity and 
                employment authorization of individuals that 
                such persons or entities seek to hire, or to 
                recruit or refer for a fee, for employment in 
                the United States; and
                  (B) maintain records of the inquiries that 
                were made, and of verifications provided (or 
                not provided) to such persons or entities as 
                evidence of compliance with the requirements of 
                this section.
          (2) Initial response deadline.--The System shall 
        provide confirmation or a tentative nonconfirmation of 
        an individual's identity and employment authorization 
        as soon as practicable, but not later than 3 calendar 
        days after the initial inquiry.
          (3) General design and operation of system.--The 
        Secretary shall design and operate the System--
                  (A) 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 sizes, and in 
                remote locations;
                  (B) to maximize the accuracy of responses to 
                inquiries submitted by persons or entities;
                  (C) to maximize the reliability of the System 
                and to register each instance when the System 
                is unable to receive inquiries;
                  (D) to protect the privacy and security of 
                the personally identifiable information 
                maintained by or submitted to the System;
                  (E) to provide direct notification of an 
                inquiry to an individual with respect to whom 
                the inquiry is made, including the results of 
                such inquiry, and information related to the 
                process for challenging the results; and
                  (F) to maintain appropriate administrative, 
                technical, and physical safeguards to prevent 
                misuse of the System and unfair immigration-
                related employment practices.
          (4) Measures to prevent identity theft and other 
        forms of fraud.--To prevent identity theft and other 
        forms of fraud, the Secretary shall design and operate 
        the System with the following attributes:
                  (A) Photo matching tool.--The System shall 
                display the digital photograph of the 
                individual, if any, 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 individual.
                  (B) Individual monitoring and suspension of 
                identifying information.--The System shall 
                enable individuals to establish user accounts, 
                after authentication of an individual's 
                identity, that would allow an individual to--
                          (i) confirm the individual's own 
                        employment authorization;
                          (ii) receive electronic notification 
                        when the individual's social security 
                        account number or other personally 
                        identifying information has been 
                        submitted to the System;
                          (iii) monitor the use history of the 
                        individual's personally identifying 
                        information in the System, including 
                        the identities of all persons or 
                        entities that have submitted such 
                        identifying information to the System, 
                        the date of each query run, and the 
                        System response for each query run;
                          (iv) suspend or limit the use of the 
                        individual's social security account 
                        number or other personally identifying 
                        information for purposes of the System; 
                        and
                          (v) provide notice to the Department 
                        of Homeland Security of any suspected 
                        identity fraud or other improper use of 
                        personally identifying information.
                  (C) Blocking misused social security account 
                numbers.--
                          (i) In general.--The Secretary, in 
                        consultation with the Commissioner of 
                        Social Security (referred to in this 
                        section as the ``Commissioner''), shall 
                        develop, after publication in the 
                        Federal Register and an opportunity for 
                        public comment, 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 misuse, shall 
                        be blocked from use in the System 
                        unless the individual using such number 
                        is able to establish, through secure 
                        and fair procedures, that the 
                        individual is the legitimate holder of 
                        the number.
                          (ii) Notice.--If the Secretary blocks 
                        or suspends a social security account 
                        number under this subparagraph, 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-verified.
                  (D) Additional identity authentication 
                tool.--The Secretary shall develop, after 
                publication in the Federal Register and an 
                opportunity for public comment, additional 
                security measures to adequately verify the 
                identity of an individual whose identity may 
                not be verified using the photo tool described 
                in subparagraph (A). Such additional security 
                measures--
                          (i) shall be kept up-to-date with 
                        technological advances; and
                          (ii) shall be designed to provide a 
                        high level of certainty with respect to 
                        identity authentication.
                  (E) Child-lock pilot program.--The Secretary, 
                in consultation with the Commissioner, shall 
                establish a reliable, 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 System. The Secretary may 
                implement the program on a limited pilot basis 
                before making it fully available to all 
                individuals.
          (5) Responsibilities of the commissioner of social 
        security.--The Commissioner, in consultation with the 
        Secretary, shall establish a reliable, secure method, 
        which, within the time periods specified in paragraph 
        (2) and subsection (b)(4)(D)(i)(II), compares the name 
        and social security account number provided in an 
        inquiry against such information maintained by the 
        Commissioner in order to validate (or not validate) the 
        information provided by the person or entity with 
        respect to an individual whose identity and employment 
        authorization the person or entity seeks to confirm, 
        the correspondence of the name and number, and whether 
        the individual has presented a social security account 
        number that is not valid for employment. The 
        Commissioner shall not disclose or release social 
        security information (other than such confirmation or 
        nonconfirmation) under the System except as provided 
        under this section or section 205(c)(2)(I) of the 
        Social Security Act (42 U.S.C. 405).
          (6) Responsibilities of the secretary of homeland 
        security.--
                  (A) In general.--The Secretary of Homeland 
                Security shall establish a reliable, secure 
                method, which, within the time periods 
                specified in paragraph (2) and subsection 
                (b)(4)(D)(i)(II), compares the name and 
                identification or other authorization number 
                (or any other information determined relevant 
                by the Secretary) which are provided in an 
                inquiry against such information maintained or 
                accessed by the Secretary in order to validate 
                (or not validate) the information provided, the 
                correspondence of the name and number, and 
                whether the individual is authorized to be 
                employed in the United States.
                  (B) Training.--The Secretary shall provide 
                and regularly update training materials on the 
                use of the System for persons and entities 
                making inquiries.
                  (C) Audit.--The Secretary shall provide for 
                periodic auditing of the System to detect and 
                prevent misuse, discrimination, fraud, and 
                identity theft, to protect privacy and assess 
                System accuracy, and to preserve the integrity 
                and security of the information in the System.
                  (D) 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 documents, and use of the System.
          (7) Responsibilities of the secretary of state.--As 
        part of the System, 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 
        (b)(3)(A)(i) confirms the employment authorization and 
        identity of the individual presenting such document, 
        and that a passport, passport card, or visa photograph 
        matches the Secretary of State's records, 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 information.
          (8) Updating information.--The Commissioner, the 
        Secretary of Homeland Security, 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 information, including instances in which it 
        is brought to their attention through the secondary 
        verification process under subsection (b)(4)(D).
          (9) Mandatory and voluntary system uses.--
                  (A) Mandatory users.--Except as otherwise 
                provided under Federal or State law, such as 
                sections 302 and 303 of the Farm Workforce 
                Modernization Act of 2019, nothing in this 
                section shall be construed as requiring the use 
                of the System by any person or entity hiring, 
                recruiting, or referring for a fee, an 
                individual for employment in the United States.
                  (B) Voluntary users.--Beginning after the 
                date that is 30 days after the date on which 
                final rules are published under section 309(a) 
                of the Farm Workforce Modernization Act of 
                2019, 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 hiring, 
                recruiting, or referring for a fee for 
                employment in the United States
                  (C) Process for non-users.--The employment 
                verification process for any person or entity 
                hiring, recruiting, or referring for a fee, an 
                individual for employment in the United States 
                shall be governed by section 274A(b) unless the 
                person or entity--
                          (i) is required by Federal or State 
                        law to use the System; or
                          (ii) has opted to use the System 
                        voluntarily in accordance with 
                        subparagraph (B).
          (10) No fee for use.--The Secretary may not charge a 
        fee to an individual, person, or entity related to the 
        use of the System.
  (b) New Hires, Recruitment, and Referral.--Notwithstanding 
section 274A(b), the requirements referred to in paragraphs 
(1)(B) and (3) of section 274A(a) are, in the case of a person 
or entity that uses the System for the hiring, recruiting, or 
referring for a fee, an individual for employment in the United 
States, the following:
          (1) 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 hire, the individual shall attest, under 
        penalty of perjury on a form designated by the 
        Secretary, that the individual is authorized to be 
        employed in the United States by providing on such 
        form--
                  (A) the individual's name and date of birth;
                  (B) the individual's social security account 
                number (unless the individual has applied for 
                and not yet been issued such a number);
                  (C) whether the individual is--
                          (i) a citizen or national of the 
                        United States;
                          (ii) an alien lawfully admitted for 
                        permanent residence; or
                          (iii) an alien who is otherwise 
                        authorized by the Secretary to be 
                        hired, recruited, or referred for 
                        employment in the United States; and
                  (D) if the individual does not attest to 
                United States citizenship or nationality, such 
                identification or other authorization number 
                established by the Department of Homeland 
                Security for the alien as the Secretary may 
                specify.
          (2) Employer attestation after examination of 
        documents Not later than 3 business days after the date 
        of hire, the person or entity shall attest, under 
        penalty of perjury on the form designated by the 
        Secretary for purposes of paragraph (1), that it has 
        verified that the individual is not an unauthorized 
        alien by--
                  (A) obtaining from the individual the 
                information described in paragraph (1) and 
                recording such information on the form;
                  (B) examining--
                          (i) a document described in paragraph 
                        (3)(A); or
                          (ii) a document described in 
                        paragraph (3)(B) and a document 
                        described in paragraph (3)(C); and
                  (C) attesting that the information recorded 
                on the form is consistent with the documents 
                examined.
          (3) Acceptable documents.--
                  (A) Documents establishing employment 
                authorization and identity.--A document 
                described in this subparagraph is an 
                individual's--
                          (i) United States passport or 
                        passport card;
                          (ii) permanent resident card that 
                        contains a photograph;
                          (iii) foreign passport containing 
                        temporary evidence of lawful permanent 
                        residence in the form of an official I-
                        551 (or successor) stamp from the 
                        Department of Homeland Security or a 
                        printed notation on a machine-readable 
                        immigrant visa;
                          (iv) unexpired employment 
                        authorization card that contains a 
                        photograph;
                          (v) in the case of a nonimmigrant 
                        alien authorized to engage in 
                        employment for a specific employer 
                        incident to status, a foreign passport 
                        with Form I-94, Form I-94A, 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 documentation;
                          (vi) passport from the Federated 
                        States of Micronesia or the Republic of 
                        the Marshall Islands with Form I-94, 
                        Form I-94A, or other documentation as 
                        designated by the Secretary, 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 Islands; or
                          (vii) other document designated by 
                        the Secretary, by notice published in 
                        the Federal Register, if the document--
                                  (I) contains a photograph of 
                                the individual, biometric 
                                identification data, and other 
                                personal identifying 
                                information relating to the 
                                individual;
                                  (II) is evidence of 
                                authorization for employment in 
                                the United States; and
                                  (III) contains security 
                                features to make it resistant 
                                to tampering, counterfeiting, 
                                and fraudulent use.
                  (B) Documents establishing employment 
                authorization.--A document described in this 
                subparagraph is--
                          (i) an individual's social security 
                        account number card (other than such a 
                        card which specifies on the face that 
                        the issuance of the card does not 
                        authorize employment in the United 
                        States); or
                          (ii) a document establishing 
                        employment authorization that the 
                        Secretary determines, by notice 
                        published in the Federal Register, to 
                        be acceptable for purposes of this 
                        subparagraph, provided that such 
                        documentation contains security 
                        features to make it resistant to 
                        tampering, counterfeiting, and 
                        fraudulent use.
                  (C) Documents establishing identity.--A 
                document described in this subparagraph is--
                          (i) 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 
                        individual;
                          (ii) an individual's unexpired United 
                        States military identification card;
                          (iii) an individual's unexpired 
                        Native American tribal identification 
                        document issued by a tribal entity 
                        recognized by the Bureau of Indian 
                        Affairs;
                          (iv) in the case of an individual 
                        under 18 years of age, a parent or 
                        legal guardian's attestation under 
                        penalty of law as to the identity and 
                        age of the individual; or
                          (v) a document establishing identity 
                        that the Secretary determines, by 
                        notice published in the Federal 
                        Register, to be acceptable for purposes 
                        of this subparagraph, if such 
                        documentation contains a photograph of 
                        the individual, biometric 
                        identification data, and other personal 
                        identifying information relating to the 
                        individual, and security features to 
                        make it resistant to tampering, 
                        counterfeiting, and fraudulent use.
                  (D) Authority to prohibit use of certain 
                documents.--If the Secretary finds that any 
                document or class of documents described in 
                subparagraph (A), (B), or (C) does not reliably 
                establish identity or employment authorization 
                or is being used fraudulently to an 
                unacceptable degree, the Secretary may, by 
                notice published in the Federal Register, 
                prohibit or place conditions on the use of such 
                document or class of documents for purposes of 
                this section.
          (4) Use of the system to screen identity and 
        employment authorization.--
                  (A) In general.--In the case of a person or 
                entity that uses the System for the hiring, 
                recruiting, or referring for a fee an 
                individual for employment in the United States, 
                during the period described in subparagraph 
                (B), the person or entity shall submit an 
                inquiry through the System described in 
                subsection (a) to seek verification of the 
                identity and employment authorization of the 
                individual.
                  (B) Verification period.--
                          (i) In general.--Except as provided 
                        in clause (ii), and subject to 
                        subsection (d), the verification period 
                        shall begin on the date of hire and end 
                        on the date that is 3 business days 
                        after the date of hire, or such other 
                        reasonable period as the Secretary may 
                        prescribe.
                          (ii) 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 
                        number, the verification period shall 
                        end 3 business days after the alien 
                        receives the social security account 
                        number.
                  (C) Confirmation.--If a person or entity 
                receives confirmation of an individual's 
                identity and employment authorization, the 
                person or entity shall record such confirmation 
                on the form designated by the Secretary for 
                purposes of paragraph (1).
                  (D) Tentative nonconfirmation.--
                          (i) In general.--In cases of 
                        tentative nonconfirmation, the 
                        Secretary shall provide, in 
                        consultation with the Commissioner, a 
                        process for--
                                  (I) an individual to contest 
                                the tentative nonconfirmation 
                                not later than 10 business days 
                                after the date of the receipt 
                                of the notice described in 
                                clause (ii); and
                                  (II) the Secretary to issue a 
                                confirmation or final 
                                nonconfirmation of an 
                                individual's identity and 
                                employment authorization not 
                                later than 30 calendar days 
                                after the Secretary receives 
                                notice from the individual 
                                contesting a tentative 
                                nonconfirmation.
                          (ii) Notice.--If a person or entity 
                        receives a tentative nonconfirmation of 
                        an individual's identity or employment 
                        authorization, the person or entity 
                        shall, not later than 3 business days 
                        after receipt, notify such individual 
                        in writing in a language understood by 
                        the individual and on a form designated 
                        by the Secretary, that shall include a 
                        description of the individual's right 
                        to contest the tentative 
                        nonconfirmation. The person or entity 
                        shall attest, under penalty of perjury, 
                        that the person or entity provided (or 
                        attempted to provide) such notice to 
                        the individual, and the individual 
                        shall acknowledge receipt of such 
                        notice in a manner specified by the 
                        Secretary.
                          (iii) No contest.--
                                  (I) In general.--A tentative 
                                nonconfirmation shall become 
                                final if, upon receiving the 
                                notice described in clause 
                                (ii), the individual--
                                          (aa) refuses to 
                                        acknowledge receipt of 
                                        such notice;
                                          (bb) acknowledges in 
                                        writing, in a manner 
                                        specified by the 
                                        Secretary, that the 
                                        individual will not 
                                        contest the tentative 
                                        nonconfirmation; or
                                          (cc) fails to contest 
                                        the tentative 
                                        nonconfirmation within 
                                        the 10-business-day 
                                        period beginning on the 
                                        date the individual 
                                        received such notice.
                                  (II) 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 
                                (I).
                                  (III) 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 law.
                          (iv) Contest.--
                                  (I) In general.--An 
                                individual may contest a 
                                tentative nonconfirmation by 
                                using the process for secondary 
                                verification under clause (i), 
                                not later than 10 business days 
                                after receiving the notice 
                                described in clause (ii). 
                                Except as provided in clause 
                                (iii), the nonconfirmation 
                                shall remain tentative until a 
                                confirmation or final 
                                nonconfirmation is provided by 
                                the System.
                                  (II) 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 System. Nothing in 
                                this subclause shall prohibit 
                                an employer from terminating 
                                the employment of the 
                                individual for any other lawful 
                                reason.
                                  (III) Confirmation or final 
                                nonconfirmation.--The 
                                Secretary, in consultation with 
                                the Commissioner, shall issue 
                                notice of a confirmation or 
                                final nonconfirmation of the 
                                individual's identity and 
                                employment authorization not 
                                later than 30 calendar days 
                                after the date the Secretary 
                                receives notice from the 
                                individual contesting the 
                                tentative nonconfirmation.
                  (E) Final nonconfirmation.--
                          (i) Notice.--If a person or entity 
                        receives a final nonconfirmation of an 
                        individual's identity or employment 
                        authorization, the person or entity 
                        shall, not later than 3 business days 
                        after receipt, notify such individual 
                        of the final nonconfirmation in 
                        writing, on a form designated by the 
                        Secretary, which shall include 
                        information regarding the individual's 
                        right to appeal the final 
                        nonconfirmation as provided under 
                        subparagraph (F). The person or entity 
                        shall attest, under penalty of perjury, 
                        that the person or entity provided (or 
                        attempted to provide) the notice to the 
                        individual, and the individual shall 
                        acknowledge receipt of such notice in a 
                        manner designated by the Secretary.
                          (ii) Termination or notification of 
                        continued employment.--If a person or 
                        entity receives a final nonconfirmation 
                        regarding an individual, the person or 
                        entity may terminate employment of the 
                        individual. If the person or entity 
                        does not terminate such employment 
                        pending appeal of the final 
                        nonconfirmation, the person or entity 
                        shall notify the Secretary of such fact 
                        through the System. Failure to notify 
                        the Secretary in accordance with this 
                        clause shall be deemed a violation of 
                        section 274A(a)(1)(A).
                          (iii) Presumption of violation for 
                        continued employment.--If a person or 
                        entity continues to employ an 
                        individual after receipt of a final 
                        nonconfirmation, there shall be a 
                        rebuttable presumption that the person 
                        or entity has violated paragraphs 
                        (1)(A) and (a)(2) of section 274A(a).
                  (F) Appeal of final nonconfirmation.--
                          (i) Administrative appeal.--The 
                        Secretary, in consultation with the 
                        Commissioner, shall develop a process 
                        by which an individual may seek 
                        administrative review of a final 
                        nonconfirmation. Such process shall--
                                  (I) permit the individual to 
                                submit additional evidence 
                                establishing identity or 
                                employment authorization;
                                  (II) ensure prompt resolution 
                                of an appeal (but in no event 
                                shall there be a failure to 
                                respond to an appeal within 30 
                                days); and
                                  (III) permit the Secretary to 
                                impose a civil money penalty 
                                (not to exceed $500) on an 
                                individual upon finding that an 
                                appeal was frivolous or filed 
                                for purposes of delay.
                          (ii) Compensation for lost wages 
                        resulting from government error or 
                        omission.--
                                  (I) In general.--If, upon 
                                consideration of an appeal of a 
                                final nonconfirmation, the 
                                Secretary determines that the 
                                final nonconfirmation was 
                                issued in error, the Secretary 
                                shall further determine whether 
                                the final nonconfirmation was 
                                the result of government error 
                                or omission. If the Secretary 
                                determines that the final 
                                nonconfirmation was solely the 
                                result of government error or 
                                omission and the individual was 
                                terminated from employment, the 
                                Secretary shall compensate the 
                                individual for lost wages.
                                  (II) 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 termination. The 
                                individual shall be compensated 
                                for lost wages beginning on the 
                                first scheduled work day after 
                                employment was terminated and 
                                ending 90 days after completion 
                                of the administrative review 
                                process described in this 
                                subparagraph or the day the 
                                individual is reinstated or 
                                obtains other employment, 
                                whichever occurs first.
                                  (III) 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 
                                States.
                                  (IV) Source of funds.--There 
                                is established in the general 
                                fund of the Treasury, a 
                                separate account which shall be 
                                known as the ``Electronic 
                                Verification Compensation 
                                Account''. Fees collected under 
                                subsections (f) and (g) shall 
                                be deposited in the Electronic 
                                Verification Compensation 
                                Account and shall remain 
                                available for purposes of 
                                providing compensation for lost 
                                wages under this subclause.
                          (iii) Judicial review.--Not later 
                        than 30 days after the dismissal of an 
                        appeal under this subparagraph, 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 
                        business.
          (5) Retention of verification records.--
                  (A) In general.--After completing the form 
                designated by the Secretary in accordance with 
                paragraphs (1) and (2), the person or entity 
                shall retain the form in paper, microfiche, 
                microfilm, electronic, or other format deemed 
                acceptable by the Secretary, and make it 
                available for inspection by officers of the 
                Department of Homeland Security, the Department 
                of Justice, or the Department of Labor during 
                the period beginning on the date the 
                verification is completed and ending on the 
                later of--
                          (i) the date that is 3 years after 
                        the date of hire; or
                          (ii) the date that is 1 year after 
                        the date on which the individual's 
                        employment is terminated.
                  (B) Copying of documentation permitted.--
                Notwithstanding any other provision of law, a 
                person or entity may copy a document presented 
                by an individual pursuant to this section and 
                may retain the copy, but only for the purpose 
                of complying with the requirements of this 
                section.
  (c) Reverification of Previously Hired Individuals.--
          (1) Mandatory reverification.--In the case of a 
        person or entity that uses the System for the hiring, 
        recruiting, or referring for a fee an individual for 
        employment in the United States, the person or entity 
        shall submit an inquiry using the System to verify the 
        identity and employment authorization of--
                  (A) an individual with a limited period of 
                employment authorization, within 3 business 
                days before the date on which such employment 
                authorization expires; and
                  (B) an individual, not later than 10 days 
                after receiving a notification from the 
                Secretary requiring the verification of such 
                individual pursuant to subsection (a)(4)(C).
          (2) Reverification procedures.--The verification 
        procedures under subsection (b) shall apply to 
        reverifications under this subsection, except that 
        employers shall--
                  (A) use a form designated by the Secretary 
                for purposes of this paragraph; and
                  (B) retain the form in paper, microfiche, 
                microfilm, electronic, or other format deemed 
                acceptable by the Secretary, and make it 
                available for inspection by officers of the 
                Department of Homeland Security, the Department 
                of Justice, or the Department of Labor during 
                the period beginning on the date the 
                reverification commences and ending on the 
                later of--
                          (i) the date that is 3 years after 
                        the date of reverification; or
                          (ii) the date that is 1 year after 
                        the date on which the individual's 
                        employment is terminated.
          (3) Limitation on reverification.--Except as provided 
        in paragraph (1), a person or entity may not otherwise 
        reverify the identity and employment authorization of a 
        current employee, including an employee continuing in 
        employment.
  (d) Good Faith Compliance.--
          (1) In general.--Except as otherwise provided in this 
        subsection, 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 
        System, or other technical or procedural failure to 
        meet such requirement if there was a good faith attempt 
        to comply with the requirement.
          (2) Exception for failure to correct after notice.--
        Paragraph (1) shall not apply if--
                  (A) the failure is not de minimis;
                  (B) the Secretary has provided notice to the 
                person or entity of the failure, including an 
                explanation as to why it is not de minimis;
                  (C) the person or entity has been provided a 
                period of not less than 30 days (beginning 
                after the date of the notice) to correct the 
                failure; and
                  (D) the person or entity has not corrected 
                the failure voluntarily within such period.
          (3) Exception for pattern or practice violators.--
        Paragraph (1) shall not apply to a person or entity 
        that has engaged or is engaging in a pattern or 
        practice of violations of paragraph (1)(A) or (2) of 
        section 274A(a).
          (4) Defense.--In the case of a person or entity that 
        uses the System for the hiring, recruiting, or 
        referring for a fee an individual for employment in the 
        United States, the person or entity shall not be liable 
        to a job applicant, an employee, the Federal 
        Government, or a State or local government, under 
        Federal, State, or local criminal or civil law, for any 
        employment-related action taken with respect to an 
        employee in good-faith reliance on information provided 
        by the System. Such person or entity shall be deemed to 
        have established compliance with its obligations under 
        this section, absent a showing by the Secretary, by 
        clear and convincing evidence, that the employer had 
        knowledge that an employee is an unauthorized alien.
  (e) Limitations.--
          (1) No national identification card.--Nothing in this 
        section shall be construed to authorize, directly or 
        indirectly, the issuance or use of national 
        identification cards or the establishment of a national 
        identification card.
          (2) Use of records.--Notwithstanding any other 
        provision of law, nothing in this section shall be 
        construed to permit or allow any department, bureau, or 
        other agency of the United States Government to utilize 
        any information, database, 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 secure, appropriate, 
        and non-discriminatory use of the System.
  (f) Penalties.--
          (1) In general.--Except as provided in this 
        subsection, the provisions of subsections (e) through 
        (g) of section 274A shall apply with respect to 
        compliance with the provisions of this section and 
        penalties for non-compliance for persons or entitles 
        that use the System.
          (2) Cease and desist order with civil money penalties 
        for hiring, recruiting, and referral violations.--
        Notwithstanding the civil money penalties set forth in 
        section 274A(e)(4), with respect to a violation of 
        paragraph (1)(A) or (2) of section 274A(a) by a person 
        or entity that has hired, recruited, or referred for a 
        fee, an individual for employment in the United States, 
        a cease and desist order--
                  (A) shall require the person or entity to pay 
                a civil penalty in an amount, subject to 
                subsection (d), of--
                          (i) not less than $2,500 and not more 
                        than $5,000 for each unauthorized alien 
                        with respect to whom a violation of 
                        either such subsection occurred;
                          (ii) not less than $5,000 and not 
                        more than $10,000 for each such alien 
                        in the case of a person or entity 
                        previously subject to one order under 
                        this paragraph; or
                          (iii) not less than $10,000 and not 
                        more than $25,000 for each such alien 
                        in the case of a person or entity 
                        previously subject to more than one 
                        order under this paragraph; and
                  (B) may require the person or entity to take 
                such other remedial action as appropriate.
          (3) Order for civil money penalty for violations.--
        With respect to a violation of section 274A(a)(1)(B), 
        the order under this paragraph shall require the person 
        or entity to pay a civil penalty in an amount, subject 
        to paragraphs (4), (5), and (6), of not less than 
        $1,000 and not more than $25,000 for each individual 
        with respect to whom such violation occurred. 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 
        false, shall be treated as a violation of section 
        274A(a)(1)(A).
          (4) Exemption from penalty for good faith 
        violation.--
                  (A) In general.--A person or entity that uses 
                the System is presumed to have acted with 
                knowledge for purposes of paragraphs (1)(A) and 
                (2) of section 274A(a) if the person or entity 
                fails to make an inquiry to verify the identity 
                and employment authorization of the individual 
                through the System.
                  (B) Good faith exemption.--In the case of 
                imposition of a civil penalty under paragraph 
                (2)(A) with respect to a violation of paragraph 
                (1)(A) or (2) of section 274A(a) for hiring or 
                continuation of employment or recruitment or 
                referral by a person or entity, and in the case 
                of imposition of a civil penalty under 
                paragraph (3) for a violation of section 
                274A(a)(1)(B) for hiring or recruitment or 
                referral by a person or entity, the penalty 
                otherwise imposed may be waived or reduced if 
                the person or entity establishes that the 
                person or entity acted in good faith.
          (5) Mitigation elements.--For purposes of paragraphs 
        (2)(A) and (3), when assessing the level of civil money 
        penalties, in addition to the good faith of the person 
        or entity being charged, due consideration shall be 
        given to the size of the business, the seriousness of 
        the violation, whether or not the individual was an 
        unauthorized alien, and the history of previous 
        violations.
          (6) Criminal penalty.--Notwithstanding section 
        274A(f)(1) and the provisions of any other Federal law 
        relating to fine levels, 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 (1) or (2) of section 274A(a), shall be 
        fined not more than $5,000 for each unauthorized alien 
        with respect to whom such a violation occurs, 
        imprisoned for not more than 18 months, or both.
          (7) 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 omission, as set forth 
        in subsection (b)(4)(F)(ii)(IV).
          (8) Debarment.--
                  (A) In general.--If a person or entity is 
                determined by the Secretary to be a repeat 
                violator of paragraph (1)(A) or (2) of section 
                274A(a) or is convicted of a crime under 
                section 274A, such person or entity may be 
                considered for debarment from the receipt of 
                Federal contracts, grants, or cooperative 
                agreements in accordance with the debarment 
                standards and pursuant to the debarment 
                procedures set forth in the Federal Acquisition 
                Regulation.
                  (B) No contract, grant, agreement.--If the 
                Secretary or the Attorney General wishes to 
                have a person or entity considered for 
                debarment in accordance with this paragraph, 
                and such a person or entity does not hold a 
                Federal contract, grant or cooperative 
                agreement, 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 Procurement, and if so, 
                for what duration and under what scope.
                  (C) Contract, grant, agreement.--If the 
                Secretary or the Attorney General wishes to 
                have a person or entity considered for 
                debarment in accordance with this paragraph, 
                and such person or entity holds a Federal 
                contract, grant, or cooperative agreement, the 
                Secretary or Attorney General shall advise all 
                agencies or departments holding a contract, 
                grant, or cooperative agreement with the person 
                or entity of the Government's interest in 
                having the person or entity considered for 
                debarment, and after soliciting and considering 
                the views of all such agencies and departments, 
                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 
                Procurement, and if so, for what duration and 
                under what scope.
                  (D) Review.--Any decision to debar a person 
                or entity in accordance with this subsection 
                shall be reviewable pursuant to part 9.4 of the 
                Federal Acquisition Regulation.
          (9) Preemption.--The provisions of this section 
        preempt any State or local law, ordinance, policy, or 
        rule, including any criminal or civil fine or penalty 
        structure, relating to the hiring, continued 
        employment, or status verification for employment 
        eligibility purposes, of unauthorized aliens, except 
        that a State, locality, municipality, 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 section.
  (g) Unfair Immigration-related Employment Practices and the 
System.--
          (1) In general.--In addition to the prohibitions on 
        discrimination set forth in section 274B, it is an 
        unfair immigration-related employment practice for a 
        person or entity, in the course of utilizing the 
        System--
                  (A) to use the System for screening an 
                applicant prior to the date of hire;
                  (B) 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 System;
                  (C) to use the System to screen any 
                individual for any purpose other than 
                confirmation of identity and employment 
                authorization as provided in this section;
                  (D) to use the System to verify the identity 
                and employment authorization of a current 
                employee, including an employee continuing in 
                employment, other than reverification 
                authorized under subsection (c);
                  (E) to use the System to discriminate based 
                on national origin or citizenship status;
                  (F) to willfully fail to provide an 
                individual with any notice required under this 
                title;
                  (G) to require an individual to make an 
                inquiry under the self-verification procedures 
                described in subsection (a)(4)(B) or to provide 
                the results of such an inquiry as a condition 
                of employment, or hiring, recruiting, or 
                referring; or
                  (H) 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 (b).
          (2) Preemployment screening and background check.--
        Nothing in paragraph (1)(A) shall be construed to 
        preclude a preemployment screening or background check 
        that is required or permitted under any other provision 
        of law.
          (3) Civil money penalties for discriminatory 
        conduct.--Notwithstanding section 274B(g)(2)(B)(iv), 
        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 (1) are--
                  (A) not less than $1,000 and not more than 
                $4,000 for each individual discriminated 
                against;
                  (B) in the case of a person or entity 
                previously subject to a single order under this 
                paragraph, not less than $4,000 and not more 
                than $10,000 for each individual discriminated 
                against; and
                  (C) in the case of a person or entity 
                previously subject to more than one order under 
                this paragraph, not less than $6,000 and not 
                more than $20,000 for each individual 
                discriminated against.
          (4) 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 omission, as set forth in 
        subsection (b)(4)(F)(ii)(IV).
  (h) Clarification.--All rights and remedies provided under 
any Federal, State, or local law relating to workplace rights, 
including but not limited to back pay, are available to an 
employee despite--
          (1) the employee's status as an unauthorized alien 
        during or after the period of employment; or
          (2) the employer's or employee's failure to comply 
        with the requirements of this section.
  (i) Definition.--In this section, the term ``date of hire'' 
means the date on which employment for pay or other 
remuneration commences.

           *       *       *       *       *       *       *

                              ----------                              


        MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT



           *       *       *       *       *       *       *
                    TITLE I--FARM LABOR CONTRACTORS

                  certificate of registration required

  Sec. 101. (a) No person shall engage in any farm labor 
contracting activity, unless such person has a certificate of 
registration from the Secretary specifying which farm labor 
contracting activities such person is authorized to perform.
  (b) A farm labor contractor shall not hire, employ, or use 
any individual to perform farm labor contracting activities 
unless such individual has a certificate of registration, or a 
certificate of registration as an employee of the farm labor 
contractor employer, which authorizes the activity for which 
such individual is hired, employed, or used. The farm labor 
contractor shall be held responsible for violations of this Act 
or any regulation under this Act by any employee regardless of 
whether the employee possesses a certificate of registration 
based on the contractor's certificate of registration.
  (c) Each registered farm labor contractor and registered farm 
labor contractor employee shall carry at all times while 
engaging in farm labor contracting activities a certificate of 
registration and, upon request, shall exhibit that certificate 
to all persons with whom they intend to deal as a farm labor 
contractor or farm labor contractor employee.
  (d) The facilities and the services authorized by the Act of 
June 6, 1933 (29 U.S.C. 49 et seq.), known as the Wagner-Peyser 
Act, shall be denied to any farm labor contractor upon refusal 
or failure to produce, when asked, a certificate of 
registration.
  (e) A farm labor contractor shall 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 obligations, including payment of wages and 
benefits to employees. 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 
Act. 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 to be covered.

                issuance of certificate of registration

  Sec. 102. The Secretary, after appropriate investigation and 
approval, shall issue a certificate of registration (including 
a certificate of registration as an employee of a farm labor 
contractor) to any person who has filed with the Secretary a 
written application containing the following:
          (1) a declaration, subscribed and sworn to by the 
        applicant, stating the applicant's permanent place of 
        residence, the farm labor contracting activities for 
        which the certificate is requested, and such other 
        relevant information as the Secretary may require;
          (2) a statement identifying each vehicle to be used 
        to transport any migrant or seasonal agricultural 
        worker and, if the vehicle is or will be owned or 
        controlled by the applicant, documentation showing that 
        the applicant is in compliance with the requirements of 
        section 401 with respect to each such vehicle;
          (3) a statement identifying each facility or real 
        property to be used to house any migrant agricultural 
        worker and, if the facility or real property is or will 
        be owned or controlled by the applicant, documentation 
        showing that the applicant is in compliance with 
        section 203 with respect to each such facility or real 
        property;
          (4) a set of fingerprints of the applicant; [and]
          (5) a declaration, subscribed and sworn to by the 
        applicant, consenting to the designation by a court of 
        the Secretary as an agent available to accept service 
        of summons in any action against the applicant, if the 
        applicant has left the jurisdiction in which the action 
        is commenced or otherwise has become unavailable to 
        accept service[.]; and
          (6) a declaration, subscribed and sworn to by the 
        applicant, stating whether the applicant has a 
        familial, contractual, or employment relationship with, 
        or shares vehicles, facilities, property, or employees 
        with, a person who has been refused issuance or renewal 
        of a certificate, or has had a certificate suspended or 
        revoked, pursuant to section 103.

                      registration determinations

  Sec. 103. (a) In accordance with regulations, the Secretary 
may refuse to issue or renew, or may suspend or revoke, a 
certificate of registration (including a certificate of 
registration as an employee of a farm labor contractor) if the 
applicant or holder--
          (1) has knowingly made any misrepresentation in the 
        application for such certificate;
          (2) is not the real party in interest in the 
        application or certificate of registration and the real 
        party in interest is a person who has been refused 
        issuance or renewal of a certificate, has had a 
        certificate suspended or revoked, or does not qualify 
        under this section for a certificate;
          (3) has failed to comply with this Act or any 
        regulation under this Act;
          (4) has failed--
                  (A) to pay any court judgment obtained by the 
                Secretary or any other person under this Act or 
                any regulation under this Act or under the Farm 
                Labor Contractor Registration Act of 1963 or 
                any regulation under such Act, or
                  (B) to comply with any final order issued by 
                the Secretary as a result of a violation of 
                this Act or any regulation under this Act or a 
                violation of the Farm Labor Contractor 
                Registration Act of 1963 or any regulation 
                under such Act; [or]
          (5) has been convicted within the preceding five 
        years--
                  (A) of any crime under State or Federal law 
                relating to gambling, or to the sale, 
                distribution or possession of alcoholic 
                beverages, in connection with or incident to 
                any farm labor contracting activities; or
                  (B) of any felony under State or Federal law 
                involving robbery, bribery, extortion, 
                embezzlement, grand larceny, burglary, arson, 
                violation of narcotics laws, murder, rape, 
                assault with intent to kill, assault which 
                inflicts grievous bodily injury, prostitution, 
                peonage, or smuggling or harboring individuals 
                who have entered the United States illegally; 
                [or]
          (6) has been found to have violated paragraph (1) or 
        (2) of section 274A(a) of the Immigration and 
        Nationality Act[.];
          (7) has failed to maintain a surety bond in 
        compliance with section 101(e); or
          (8) has been disqualified by the Secretary of Labor 
        from importing nonimmigrants described in section 
        101(a)(15)(H)(ii) of the Immigration and Nationality 
        Act.
  (b)(1) 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--
          (A) is the immediate family member of any person who 
        has been refused issuance or renewal of a certificate, 
        or has had a certificate suspended or revoked; and
          (B) identifies a vehicle, facility, or real property 
        under paragraph (2) or (3) of section 102 that has been 
        previously listed by a person who has been refused 
        issuance or renewal of a certificate, or has had a 
        certificate suspended or revoked.
  (2) An applicant described in paragraph (1) bears the burden 
of demonstrating to the Secretary's satisfaction that the 
applicant is the real party in interest in the application.
  [(b)] (c)(1) The person who is refused the issuance or 
renewal of a certificate or whose certificate is suspended or 
revoked under subsection (a) shall be afforded an opportunity 
for agency hearing, upon request made within thirty days after 
the date of issuance of the notice of the refusal, suspension, 
or revocation. In such hearing, all issues shall be determined 
on the record pursuant to section 554 of title 5, United States 
Code. If no hearing is requested as herein provided, the 
refusal, suspension, or revocation shall constitute a final and 
unappealable order.
  (2) If a hearing is requested, the initial agency decision 
shall be made by an administrative law judge, and such decision 
shall become the final order unless the Secretary modifies or 
vacates the decision. Notice of intent to modify or vacate the 
decision of the administrative law judge shall be issued to the 
parties within thirty days after the decision of the 
administrative law judge. A final order which takes effect 
under this paragraph shall be subject to review only as 
provided under subsection (c).
  [(c)] (d) Any person against whom an order has been entered 
after an agency hearing under this section may obtain review by 
the United States district court for any district in which he 
is located or the United States District Court for the District 
of Columbia by filing a notice of appeal in such court within 
thirty days from the date of such order, and simultaneously 
sending a copy of such notice by registered mail to the 
Secretary. The Secretary shall promptly certify and file in 
such court the record upon which the order was based. The 
findings of the Secretary shall be set aside only if found to 
be unsupported by substantial evidence as provided by section 
706(2)(E) of title 5, United States Code. Any final decision, 
order, or judgment of such District Court concerning such 
review shall be subject to appeal as provided in chapter 83 of 
title 28, United States Code.

           *       *       *       *       *       *       *

                              ----------                              


                    SECTION 305 OF PUBLIC LAW 99-603

   AN ACT To amend the Immigration and Nationality Act to revise and 
          reform the immigration laws, and for other purposes.

SEC. 305. ELIGIBILITY OF H-2 AGRICULTURAL WORKERS FOR CERTAIN LEGAL 
                    ASSISTANCE.

  A nonimmigrant worker admitted to or permitted to remain in 
the United States under section 101(a)(15)(H)(ii)(a) of the 
Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(ii)(a)) for agricultural labor or service shall 
be considered to be an alien described in section 101(a)(20) of 
such Act (8 U.S.C. 1101(a)(20)) for purposes of establishing 
eligibility for legal assistance under the Legal Services 
Corporation Act (42 U.S.C. 2996 et seq.), but only with respect 
to legal assistance on matters relating to wages, housing, 
transportation, and [other employment rights as provided in the 
worker's specific contract under which the nonimmigrant was 
admitted] employment-related rights.
                              ----------                              


                          HOUSING ACT OF 1949



           *       *       *       *       *       *       *
TITLE V--FARM HOUSING

           *       *       *       *       *       *       *


                   program levels and authorizations

  Sec. 513. (a) In General.--(1) The Secretary may, to the 
extent approved in appropriation Acts, insure and guarantee 
loans under this title during fiscal years 1993 and 1994, in 
aggregate amounts not to exceed $2,446,855,600 and 
$2,549,623,535, respectively, as follows:
          (A) For insured or guaranteed loans under section 502 
        on behalf of low-income borrowers receiving assistance 
        under section 521(a)(1), $1,676,484,000 for fiscal year 
        1993 and $1,746,896,328 for fiscal year 1994.
          (B) For guaranteed loans under section 502(h) on 
        behalf of low- and moderate-income borrowers, such sums 
        as may be appropriated for fiscal years 1993 and 1994.
          (C) For loans under section 504, $12,400,000 for 
        fiscal year 1993 and $12,920,800 for fiscal year 1994.
          (D) For insured loans under section 514, $16,821,600 
        for fiscal year 1993 and $17,528,107 for fiscal year 
        1994.
          (E) For insured loans under section 515, $739,500,000 
        for fiscal year 1993 and $770,559,000 for fiscal year 
        1994.
          (F) For loans under section 523(b)(1)(B), $800,000 
        for fiscal year 1993 and $833,600 for fiscal year 1994.
          (G) For site loans under section 524, $850,000 for 
        fiscal year 1993 and $885,700 for fiscal year 1994.
  (2) Notwithstanding any other provision of law, insured and 
guaranteed loan authority in this title for any fiscal year 
beginning after September 30, 1984, shall not be transferred or 
used for any purpose not specified in this title.
  (b) Authorization of Appropriations.--There are authorized to 
be appropriated for fiscal years 1993 and 1994, and to remain 
available until expended, the following amounts:
          (1) For grants under section 502(f)(1), $1,100,000 
        for fiscal year 1993 and $1,146,200 for fiscal year 
        1994.
          (2) For grants under section 504, $21,100,000 for 
        fiscal year 1993 and $21,986,200 for fiscal year 1994.
          (3) For purposes of section 509(c), $600,000 for 
        fiscal year 1993 and $625,200 for fiscal year 1994.
          (4) For project preparation grants under section 
        509(f)(6), $5,300,000 in fiscal year 1993 and 
        $5,522,600 in fiscal year 1994.
          (5) In fiscal years 1993 and 1994, such sums as may 
        be necessary to meet payments on notes or other 
        obligations issued by the Secretary under section 511 
        equal to--
                  (A) the aggregate of the contributions made 
                by the Secretary in the form of credits on 
                principal due on loans made pursuant to section 
                503; and
                  (B) the interest due on a similar sum 
                represented by notes or other obligations 
                issued by the Secretary.
          (6) For grants for service coordinators under section 
        515(y), $1,000,000 in fiscal year 1993 and $1,042,000 
        in fiscal year 1994.
          (7) For financial assistance under section 516--
                  (A) for low-rent housing and related 
                facilities for domestic farm labor under 
                subsections (a) through (j) of such section, 
                $21,700,000 for fiscal year 1993 and 
                $22,611,400 for fiscal year 1994; and
                  (B) for housing for rural homeless and 
                migrant farmworkers under subsection (k) of 
                such section, $10,500,000 for fiscal year 1993 
                and $10,941,000 for fiscal year 1994.
          (8) For grants under section 523(f), $13,900,000 for 
        fiscal year 1993 and $14,483,800 for fiscal year 1994.
          (9) For grants under section 533, $30,800,000 for 
        fiscal year 1993 and $32,093,600 for fiscal year 1994.
  (c) Rental Assistance.--(1) The Secretary, to the extent 
approved in appropriations Acts for fiscal years 1993 and 1994, 
may enter into rental assistance payment contracts under 
section 521(a)(2)(A) aggregating $414,100,000 for fiscal year 
1993 and $431,492,200 for fiscal year 1994.
  (2) Any authority approved in appropriation Acts for fiscal 
year 1988 or any succeeding fiscal year for rental assistance 
payment contracts under section 521(a)(2)(A) or contracts for 
operating assistance under section 521(a)(5) shall be used by 
the Secretary--
          (A) to renew rental assistance payment contracts or 
        operating assistance contracts that expire during such 
        fiscal year;
          (B) to provide amounts required to continue 
        assistance payments for the remaining period of an 
        existing contract, in any case in which the original 
        amount of assistance is used prior to the end of the 
        term of the contract; and
          (C) to make additional rental assistance payment 
        contracts or operating assistance contracts for 
        existing or newly constructed dwelling units.
  (d) Supplemental Rental Assistance Contracts.--The Secretary, 
to the extent approved in appropriations Acts for fiscal years 
1993 and 1994, may enter into 5-year supplemental rental 
assistance contracts under section 502(c)(5)(D) aggregating 
$12,178,000 for fiscal year 1993 and $12,689,476 for fiscal 
year 1994.
  (e) Authorization of Appropriations.--There are authorized to 
be appropriated for rural housing vouchers under section 542, 
$130,000,000 for fiscal year 1993 and $140,000,000 for fiscal 
year 1994.
  (f) Funding for Farmworker Housing.--
          (1) Section 514 farmworker housing loans.--
                  (A) Insurance authority.--The Secretary of 
                Agriculture may, to the extent approved in 
                appropriation Acts, insure loans under section 
                514 (42 U.S.C. 1484) during each of fiscal 
                years 2020 through 2029 in an aggregate amount 
                not to exceed $200,000,000.
                  (B) Authorization of appropriations for 
                costs.--There is authorized to be appropriated 
                $75,000,000 for each of fiscal years 2020 
                through 2029 for costs (as such term is defined 
                in section 502 of the Congressional Budget Act 
                of 1974 (2 U.S.C. 661a)) of loans insured 
                pursuant the authority under subparagraph (A).
          (2) Section 516 grants for farmworker housing.--There 
        is authorized to be appropriated $30,000,000 for each 
        of fiscal years 2020 through 2029 for financial 
        assistance under section 516 (42 U.S.C. 1486).
          (3) Section 521 housing assistance.--There is 
        authorized to be appropriated $2,700,000,000 for each 
        of fiscal years 2020 through 2029 for rental assistance 
        agreements entered into or renewed pursuant to section 
        521(a)(2) (42 U.S.C. 1490a(a)(2)) or agreements entered 
        into in lieu of debt forgiveness or payments for 
        eligible households as authorized by section 
        502(c)(5)(D).

insurance of loans for the provision of housing and related facilities 
                        for domestic farm labor

  Sec. 514. (a) The Secretary is authorized to insure and make 
commitments to insure loans made by lenders other than the 
United States to the owner of any farm or any association of 
farmers for the purpose of providing housing and related 
facilities for domestic farm labor, or to any Indian tribe for 
such purpose, or to any State (or political subdivision 
thereof), or any broad-based public or private nonprofit 
organization, or any limited partnership in which the general 
partner is a nonprofit entity, or any nonprofit organization of 
farm workers incorporated within the State for the purpose of 
providing housing and related facilities for domestic farm 
labor any place within the State where a need exists. All such 
loans shall be made in accordance with terms and conditions 
substantially identical with those specified in section 502, 
except that--
          (1) no such loan shall be insured in an amount in 
        excess of the value of the farm involved less any prior 
        liens in the case of a loan to an individual owner of a 
        farm, or the total estimated value of the structures 
        and facilities with respect to which the loan is made 
        in the case of any other loan;
          (2) no such loan shall be insured if it bears 
        interest at a rate in excess of 1 per centum per annum;
          (3) out of interest payments by the borrower the 
        Secretary shall retain a charge in an amount not less 
        than one-half of 1 per centum per annum of the unpaid 
        principal balance of the loan;
          (4) the insurance contracts and agreements with 
        respect to any loan may contain provisions for 
        servicing the loan by the Secretary or by the lender, 
        and for the purchase by the Secretary of the loan if it 
        is not in default, on such terms and conditions as the 
        Secretary may prescribe; and
          (5) the Secretary may take mortgages creating a lien 
        running to the United States for the benefit of the 
        insurance fund referred to in subsection (b) 
        notwithstanding the fact that the note may be held by 
        the lender or his assignee.
  (b) The Secretary shall utilize the insurance fund created by 
section 11 of the Bankhead Jones Farm Tenant Act (7 U.S.C. 
1005a) and the provisions of section 13 (a), (b), and (c) of 
such Act (7 U.S.C. 1005c (a), (b), and (c)) to discharge 
obligations under insurance contracts made pursuant to this 
section, and
          (1) the Secretary may utilize the insurance fund to 
        pay taxes, insurance, prior liens, and other expenses 
        to protect the security for loans which have been 
        insured hereunder and to acquire such security property 
        at foreclosure sales or otherwise;
          (2) the notes and security therefor acquired by the 
        Secretary under insurance contracts made pursuant to 
        this section shall become a part of the insurance fund. 
        Loans insured under this section may be held in the 
        fund and collected in accordance with their terms or 
        may be sold and reinsured. All proceeds from such 
        collections, including the liquidation of security and 
        the proceeds of sales, shall become a part of the 
        insurance fund; and
          (3) of the charges retained by the Secretary out of 
        interest payments by the borrower, amounts not less 
        than one-half of 1 per centum per annum of the unpaid 
        principal balance of the loan shall be deposited in and 
        become a part of the insurance fund. The remainder of 
        such charges shall be deposited in the Treasury of the 
        United States and shall be available for administrative 
        expenses of the Farmers Home Administration, to be 
        transferred annually to and become merged with any 
        appropriation for such expenses.
  (c) Any contract of insurance executed by the Secretary under 
this section shall be an obligation of the United States and 
incontestable except for fraud or misrepresentation of which 
the holder of the contract has actual knowledge.
  (e) Amounts made available pursuant to se