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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5038 Engrossed in House (EH)]

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116th CONGRESS
  1st Session
                                H. R. 5038

_______________________________________________________________________

                                 AN ACT

 
 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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) on the date of the introduction of this Act--
                            (i) is inadmissible or deportable from the 
                        United States; or
                            (ii) is under a grant of deferred enforced 
                        departure or has temporary protected status 
                        under section 244 of the Immigration and 
                        Nationality 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)), if the employer 
        is employing the holder of such document to perform 
        agricultural labor or services, 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 5 1/
        2 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 5 1/2 
        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 section 126(c), has 
                performed agricultural labor or services in the United 
                States for at least 575 hours (or 100 work days) for 
                each of the prior 5 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. Such an alien may 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 
has the burden of proving by a preponderance of the 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; CONFORMING AMENDMENTS.

    (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.
    (c) Conforming Amendments.--
            (1) Social security act.--Section 210(a)(1) of the Social 
        Security Act (42 U.S.C. 410(a)(1)) is amended by inserting 
        before the semicolon the following: ``(other than aliens 
        granted certified agricultural worker status or certified 
        agricultural dependent status under title I of the Farm Work 
        Modernization Act of 2019''.
            (2) Internal revenue code of 1986.--Section 3121(b)(1) of 
        the Internal Revenue Code of 1986 is amended by inserting 
        before the semicolon the following: ``(other than aliens 
        granted certified agricultural worker status or certified 
        agricultural dependent status under title I of the Farm Work 
        Modernization Act of 2019''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply with respect to service performed after the date of 
        the enactment of this Act.
    (d) Automated System To Assign Social Security Account Numbers.--
Section 205(c)(2)(B) of the Social Security Act (42 U.S.C. 
405(c)(2)(B)) is amended by adding at the end the following:
                            ``(iv) The Commissioner of Social Security 
                        shall, to the extent practicable, coordinate 
                        with the Secretary of the Department of 
                        Homeland Security to implement an automated 
                        system for the Commissioner to assign social 
                        security account numbers to aliens granted 
                        certified agricultural worker status or 
                        certified agricultural dependent status under 
                        title I of the Farm Work Modernization Act of 
                        2019. An alien who is granted such status, and 
                        who was not previously assigned a social 
                        security account number, shall request 
                        assignment of a social security account number 
                        and a social security card from the 
                        Commissioner through such system. The Secretary 
                        shall collect and provide to the Commissioner 
                        such information as the Commissioner deems 
                        necessary for the Commissioner to assign a 
                        social security account number, which 
                        information may be used by the Commissioner for 
                        any purpose for which the Commissioner is 
                        otherwise authorized under Federal law. The 
                        Commissioner may maintain, use, and disclose 
                        such information only as permitted by the 
                        Privacy Act and other Federal law.''.

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 workers who are similarly employed. The 
        employer--
                    ``(A) shall offer such similarly employed 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 similarly employed 
                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.
            ``(8) Compliance with foreign labor recruitment laws.--The 
        employer shall comply with subtitle C of title II of the Farm 
        Workforce Modernization Act of 2019.
    ``(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 one 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 one 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 
                        one 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 one 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 worker to other comparable employment acceptable to 
                the worker. If such transfer is not effected, 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.--
            ``(1) In general.--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--
                    ``(A) 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
                    ``(B) be posted at a conspicuous location at the 
                worksite and provided to employees prior to the 
                commencement of labor or services.
            ``(2) Clarification.--Nothing in this subsection is 
        intended to limit any other Federal or State authority to 
        promulgate, enforce, or maintain health and safety standards 
        related to heat-related illness.
    ``(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;
                                    ``(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 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 
                        6 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 4 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.
                    ``(C) Limited allocation for certain special 
                procedures industries.--
                            ``(i) In general.--Notwithstanding the 
                        numerical limitations under paragraph (2), up 
                        to 500 aliens may be issued visas or otherwise 
                        provided H-2A nonimmigrant status under 
                        paragraph (1) in a fiscal year for range sheep 
                        or goat herding.
                            ``(ii) Limitation.--The total number of 
                        aliens in the United States in valid H-2A 
                        status under clause (i) at any one time may not 
                        exceed 500.
                            ``(iii) Clarification.--Any visas issued 
                        under this subparagraph may not be considered 
                        for purposes of the annual adjustments under 
                        subparagraphs (B) and (C) of paragraph (2).
            ``(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.
                    ``(C) Clarification.--Nothing in this paragraph is 
                intended to apply to persons or entities that are not 
                seeking to employ workers under this section. Nothing 
                in this paragraph is intended to limit any other 
                Federal or State authority to promulgate, enforce, or 
                maintain health and safety standards related to the 
                dairy industry.
    ``(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 3 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 one 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 one 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) 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.
            ``(3) 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 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 of 
        the Immigration and Nationality Act (8 U.S.C. 1188);
            (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));
            (6) referring any matter as appropriate to the Inspector 
        General of the Department of Labor for investigation;
            (7) ensuring that guidance to State workforce agencies to 
        conduct wage surveys is regularly updated; and
            (8) issuing such rules and regulations as are necessary to 
        carry out the Secretary of Labor's responsibilities under 
        section 218 of the Immigration and Nationality Act (8 U.S.C. 
        1188).
    (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;
            (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;
            (4) investigating and preventing fraud in the program, 
        including the utilization of H-2A workers for other than 
        allowable agricultural labor or services; and
            (5) issuing such rules and regulations as are necessary to 
        carry out the Secretary of Homeland Security's responsibilities 
        under section 218 of the Immigration and Nationality Act (8 
        U.S.C. 1188).
    (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 or to otherwise prevent irreparable harm.
                    (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, 
                        such sums as may be necessary 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 one 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, in cases in which the individual has 
                established a user account as described in paragraph 
                (4)(B) or an electronic mail address for the individual 
                is submitted by the person or entity at the time the 
                inquiry is made; 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.
            ``(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 
        tentative nonconfirmation review 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 tentative nonconfirmation 
                                review process 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 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 one 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 for a fee.--Subsection (a) 
        shall apply to a person or entity recruiting or referring for a 
        fee 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 No. 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 Assistance for Tentative Nonconfirmation Review 
Process.--
            (1) In general.--The Secretary of Homeland Security shall 
        coordinate with the Secretary of Agriculture, in consultation 
        with the Commissioner of Social Security, to create a process 
        for individuals to seek assistance in contesting 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, at local offices or service centers of the U.S. 
        Department of Agriculture.
            (2) Staffing and resources.--The Secretary of Homeland 
        Security and Secretary of Agriculture shall ensure that local 
        offices and service centers of the U.S. Department of 
        Agriculture are staffed appropriately and have the resources 
        necessary to provide information and support to individuals 
        seeking the assistance described in paragraph (1), including by 
        facilitating communication between such individuals and the 
        Department of Homeland Security or the Social Security 
        Administration.
            (3) Clarification.--Nothing in this subsection shall be 
        construed to delegate authority or transfer responsibility for 
        reviewing and resolving tentative nonconfirmations from the 
        Secretary of Homeland Security and the Commissioner of Social 
        Security to the Secretary of Agriculture.
    (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, 2019, the Commissioner and the Secretary shall 
ensure that an agreement is in place which shall--
            (1) provide funds to the Commissioner for the full costs of 
        the responsibilities of the Commissioner with respect to 
        employment eligibility verification, including under this title 
        and the amendments made by this title, and including--
                    (A) acquiring, installing, and maintaining 
                technological equipment and systems necessary for the 
                fulfillment of such responsibilities, 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 with respect to 
                employment eligibility verification;
            (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, 
2019, has not been reached as of October 1 of such fiscal year, the 
latest agreement described in such subsection 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 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.

            Passed the House of Representatives December 11, 2019.

            Attest:

                                                                 Clerk.
116th CONGRESS

  1st Session

                               H. R. 5038

_______________________________________________________________________

                                 AN ACT

 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.
```