II 

117TH CONGRESS 

2D SESSION S. 5282 

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. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 15, 2022 

Mr. BENNET introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Affordable and Secure Food Act of 2022’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—SECURING THE DOMESTIC AGRICULTURAL WORKFORCE 


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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; conforming amendments. 

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 Farm Worker Housing 

Sec. 220. Short title. 

Sec. 221. New farm worker housing. 

Sec. 222. Loan and grant limitations. 

Sec. 223. Operating assistance subsidies. 

Sec. 224. Rental assistance contract authority. 

Sec. 225. Eligibility for rural housing vouchers. 

Sec. 226. Permanent establishment of housing preservation and revitalization 

program. 

Sec. 227. Amount of voucher assistance. 


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Sec. 228. Funding for multifamily technical improvements. 

Sec. 229. Plan for preserving affordability of rental projects. 

Sec. 230. Covered housing programs. 

Sec. 231. Eligibility of certified workers. 

Subtitle C—Foreign Labor Recruiter Accountability 

Sec. 251. Definitions. 

Sec. 252. Registration of foreign labor recruiters. 

Sec. 253. Enforcement. 

Sec. 254. Authorization of appropriations. 

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; Paperwork Reduction Act. 

1 TITLE I—SECURING THE DOMES2 TIC AGRICULTURAL WORK3 FORCE 

4 Subtitle A—Temporary Status for 

5 Certified Agricultural Workers 

6 SEC. 101. CERTIFIED AGRICULTURAL WORKER STATUS. 

7 (a) REQUIREMENTS FOR CERTIFIED AGRICULTURAL

8 WORKER STATUS.— 

9 (1) PRINCIPAL ALIENS.—The Secretary may 

10 grant certified agricultural worker status to an alien 

11 who submits a completed application, including the 

12 required processing fees, before the end of the period 

13 set forth in subsection (c) and who— 


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1 (A) performed agricultural labor or serv2 ices in the United States for at least 1,035 

3 hours (or 180 work days) during the 2-year pe4 riod preceding the date of the introduction of 

5 this Act; 

6 (B) on the date of the introduction of this 

7 Act— 

8 (i) is inadmissible or deportable from 

9 the United States; or 

10 (ii) is under a grant of deferred en11 forced departure, has been paroled into the 

12 United States, or has temporary protected 

13 status under section 244 of the Immigra14 tion and Nationality Act (8 U.S.C. 1254a); 

15 (C) subject to section 104, has been con16 tinuously present in the United States since the 

17 date of the introduction of this Act and until 

18 the date on which the alien is granted certified 

19 agricultural worker status; and 

20 (D) is not otherwise ineligible for certified 

21 agricultural worker status as provided in sub22 section (b). 

23 (2) DEPENDENT SPOUSE AND CHILDREN.—The 

24 Secretary may grant certified agricultural dependent 

25 status to the spouse or child of an alien granted cerVerDate Sep 11 2014 00:05 Dec 31, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S5282.IS S5282

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1 tified agricultural worker status under paragraph 

2 (1) if the spouse or child is not ineligible for cer3 tified agricultural dependent status as provided in 

4 subsection (b). 

5 (b) GROUNDS FOR INELIGIBILITY.— 

6 (1) GROUNDS OF INADMISSIBILITY.—Except as 

7 provided in paragraph (3), an alien is ineligible for 

8 certified agricultural worker or certified agricultural 

9 dependent status if the Secretary determines that 

10 the alien is inadmissible under section 212(a) of the 

11 Immigration and Nationality Act (8 U.S.C. 

12 1182(a)), except that in determining inadmis13 sibility— 

14 (A) paragraphs (4), (5), (7), and (9)(B) of 

15 such section shall not apply; 

16 (B) subparagraphs (A), (C), (D), (F), and 

17 (G) of such section 212(a)(6) and paragraphs 

18 (9)(C) and (10)(B) of such section 212(a) shall 

19 not apply unless based on the act of unlawfully 

20 entering the United States after the date of in21 troduction of this Act; and 

22 (C) paragraphs (6)(B) and (9)(A) of such 

23 section 212(a) shall not apply unless the rel24 evant conduct began on or after the date of filVerDate Sep 11 2014 00:05 Dec 31, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S5282.IS S5282

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1 ing of the application for certified agricultural 

2 worker status. 

3 (2) ADDITIONAL CRIMINAL BARS.—Except as 

4 provided in paragraph (3), an alien is ineligible for 

5 certified agricultural worker status or certified agri6 cultural dependent status if the Secretary deter7 mines that (other than any offense under State law 

8 for which an essential element is the alien’s immi9 gration status, simple possession of cannabis or can10 nabis-related paraphernalia, any offense involving 

11 cannabis or cannabis-related paraphernalia which is 

12 no longer prosecutable in the State in which the con13 viction was entered, any offense involving civil dis14 obedience without violence, and any minor traffic of15 fense) the alien has been convicted of— 

16 (A) any felony offense; 

17 (B) an aggravated felony (as defined in 

18 section 101(a)(43) of the Immigration and Na19 tionality Act (8 U.S.C. 1101(a)(43)) at the 

20 time of the conviction); 

21 (C) 2 misdemeanor offenses involving 

22 moral turpitude (as described in section 

23 212(a)(2)(A)(i)(I) of the Immigration and Na24 tionality Act (8 U.S.C. 1182(a)(2)(A)(i)(I))), 


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1 unless an offense is waived by the Secretary 

2 under paragraph (3)(B); or 

3 (D) 3 or more misdemeanor offenses not 

4 occurring on the same date, and not arising out 

5 of the same act, omission, or scheme of mis6 conduct. 

7 (3) WAIVERS FOR CERTAIN GROUNDS OF INAD8 MISSIBILITY.—For humanitarian purposes, family 

9 unity, or if otherwise in the public interest, the Sec10 retary may waive the grounds of inadmissibility 

11 under— 

12 (A) paragraph (1), (6)(E), or (10)(D) of 

13 section 212(a) of the Immigration and Nation14 ality Act (8 U.S.C. 1182(a)); or 

15 (B) subparagraphs (A) and (D) of section 

16 212(a)(2) of the Immigration and Nationality 

17 Act (8 U.S.C. 1182(a)(2)), unless inadmis18 sibility is based on a conviction that would oth19 erwise render the alien ineligible under subpara20 graph (A), (B), or (D) of paragraph (2). 

21 (c) APPLICATION.— 

22 (1) APPLICATION PERIOD.—Except as provided 

23 in paragraph (2), the Secretary shall accept initial 

24 applications for certified agricultural worker status 

25 during the 18-month period beginning on the date 


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1 on which the interim final rule is published in the 

2 Federal Register pursuant to section 122(a). 

3 (2) EXTENSION.—If the Secretary determines, 

4 during the initial period described in paragraph (1), 

5 that additional time is required to process initial ap6 plications for certified agricultural worker status or 

7 for other good cause, the Secretary may extend the 

8 period for accepting applications for up to an addi9 tional 12 months. 

10 (3) SUBMISSION OF APPLICATIONS.— 

11 (A) IN GENERAL.—An alien may file an 

12 application with the Secretary under this sec13 tion with the assistance of an attorney or a 

14 nonprofit religious, charitable, social service, or 

15 similar organization recognized by the Board of 

16 Immigration Appeals under section 292.2 of 

17 title 8, Code of Federal Regulations. The Sec18 retary shall also create a procedure for accept19 ing applications filed by qualified designated en20 tities with the consent of the applicant. 

21 (B) FARM SERVICE AGENCY OFFICES.— 

22 The Secretary, in consultation with the Sec23 retary of Agriculture, shall establish a process 

24 for the filing of applications under this section 


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1 at Farm Service Agency offices throughout the 

2 United States. 

3 (4) EVIDENCE OF APPLICATION FILING.—As 

4 soon as practicable after receiving an application for 

5 certified agricultural worker status, the Secretary 

6 shall provide the applicant with a document acknowl7 edging the receipt of such application. Such docu8 ment shall serve as interim proof of the alien’s au9 thorization to accept employment in the United 

10 States and shall be accepted by an employer as evi11 dence of employment authorization under section 

12 274A(b)(1)(C) of the Immigration and Nationality 

13 Act (8 U.S.C. 1324a(b)(1)(C)), if the employer is 

14 employing the holder of such document to perform 

15 agricultural labor or services, pending a final admin16 istrative decision on the application. 

17 (5) EFFECT OF PENDING APPLICATION.—Dur18 ing the period beginning on the date on which an 

19 alien applies for certified agricultural worker status 

20 under this subtitle, and ending on the date on which 

21 the Secretary makes a final administrative decision 

22 regarding such application, the alien and any de23 pendents included in the application— 

24 (A) may apply for advance parole, which 

25 shall be granted upon demonstrating a legitiVerDate Sep 11 2014 00:05 Dec 31, 2022 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S5282.IS S5282

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1 mate need to travel outside the United States 

2 for a temporary purpose; 

3 (B) may not be detained by the Secretary 

4 or removed from the United States unless the 

5 Secretary makes a prima facie determination 

6 that such alien is, or has become, ineligible for 

7 certified agricultural worker status; 

8 (C) may not be considered unlawfully 

9 present under section 212(a)(9)(B) of the Im10 migration and Nationality Act (8 U.S.C. 

11 1182(a)(9)(B)); and 

12 (D) may not be considered an unauthor13 ized alien (as defined in section 274A(h)(3) of 

14 the Immigration and Nationality Act (8 U.S.C. 

15 1324a(h)(3))). 

16 (6) WITHDRAWAL OF APPLICATION.—The Sec17 retary shall, upon receipt of a request from the ap18 plicant to withdraw an application for certified agri19 cultural worker status under this subtitle, cease 

20 processing of the application, and close the case. 

21 Withdrawal of the application shall not prejudice 

22 any future application filed by the applicant for any 

23 immigration benefit under this Act or under the Im24 migration and Nationality Act (8 U.S.C. 1101 et 

25 seq.). 


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1 (7) PROCESSING FEE.—A principal alien, his or 

2 her spouse, or his or her child who submits an appli3 cation for certified agricultural worker states under 

4 this subtitle shall pay a $250 processing fee, which 

5 shall be deposited into the Immigration Examina6 tions Fee Account pursuant to section 286(m) of the 

7 Immigration and Nationality Act (8 U.S.C. 

8 1356(m)). 

9 (d) ADJUDICATION AND DECISION.— 

10 (1) IN GENERAL.—Subject to section 123, the 

11 Secretary shall render a decision on an application 

12 for certified agricultural worker status not later than 

13 180 days after the date the application is filed. 

14 (2) NOTICE.—Before denying an application for 

15 certified agricultural worker status, the Secretary 

16 shall provide the alien with— 

17 (A) written notice that describes the basis 

18 for ineligibility or the deficiencies in the evi19 dence submitted; and 

20 (B) at least 90 days to contest ineligibility 

21 or submit additional evidence. 

22 (3) AMENDED APPLICATION.—An alien whose 

23 application for certified agricultural worker status is 

24 denied under this section may submit an amended 

25 application for such status to the Secretary if the 


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1 amended application is submitted within the applica2 tion period described in subsection (c) and contains 

3 all the required information and fees that were miss4 ing from the initial application. 

5 (e) ALTERNATIVE H–2A STATUS.—An alien who has 

6 not met the required period of agricultural labor or serv7 ices under subsection (a)(1)(A), but is otherwise eligible 

8 for certified agricultural worker status under such sub9 section, shall be eligible for classification as a non10 immigrant described in section 101(a)(15)(H)(ii)(a) of the 

11 Immigration and Nationality Act (8 U.S.C. 

12 1101(a)(15)(H)(ii)(a)) upon approval of a petition sub13 mitted by a sponsoring employer, if the alien has per14 formed at least 690 hours (or 120 work days) of agricul15 tural labor or services during the 3-year period preceding 

16 the date of the introduction of this Act. The Secretary 

17 shall create a procedure to provide for such classification 

18 without requiring the alien to depart the United States 

19 and obtain a visa abroad. 

20 SEC. 102. TERMS AND CONDITIONS OF CERTIFIED STATUS. 

21 (a) IN GENERAL.— 

22 (1) APPROVAL.—Upon approval of an applica23 tion for certified agricultural worker status, or an 

24 extension of such status pursuant to section 103, the 

25 Secretary shall issue— 


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1 (A) documentary evidence of such status to 

2 the applicant; and 

3 (B) documentary evidence of certified agri4 cultural dependent status to any qualified de5 pendent included on such application. 

6 (2) DOCUMENTARY EVIDENCE.—In addition to 

7 any other features and information as the Secretary 

8 may prescribe, the documentary evidence described 

9 in paragraph (1)— 

10 (A) shall be machine-readable and tamper11 resistant; 

12 (B) shall contain a digitized photograph; 

13 (C) shall serve as a valid travel and entry 

14 document for purposes of applying for admis15 sion to the United States; and 

16 (D) shall be accepted during the period of 

17 its validity by an employer as evidence of em18 ployment authorization and identity under sec19 tion 274A(b)(1)(B) of the Immigration and Na20 tionality Act (8 U.S.C. 1324a(b)(1)(B)). 

21 (3) VALIDITY PERIOD.—Certified agricultural 

22 worker and certified agricultural dependent status 

shall be valid for 51 23 ⁄2 years beginning on the date of 

24 approval. 


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1 (4) TRAVEL AUTHORIZATION.—An alien with 

2 certified agricultural worker or certified agricultural 

3 dependent status may— 

4 (A) travel within and outside of the United 

5 States, including commuting to the United 

6 States from a residence in a foreign country; 

7 and 

8 (B) be admitted to the United States upon 

9 return from travel abroad without first obtain10 ing a visa if the alien is in possession of— 

11 (i) valid, unexpired documentary evi12 dence of certified agricultural worker or 

13 certified agricultural worker dependent sta14 tus as described in subsection (a); or 

15 (ii) a travel document that has been 

16 approved by the Secretary and was issued 

17 to the alien after the alien’s original docu18 mentary evidence was lost, stolen, or de19 stroyed. 

20 (b) ABILITY TO CHANGE STATUS.— 

21 (1) CHANGE TO CERTIFIED AGRICULTURAL

22 WORKER STATUS.—Notwithstanding section 101(a), 

23 an alien with valid certified agricultural dependent 

24 status may apply to change to certified agricultural 

25 worker status, at any time, if the alien— 


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1 (A) submits a completed application, in2 cluding the required processing fees; and 

3 (B) is not ineligible for certified agricul4 tural worker status under section 101(b). 

5 (2) CLARIFICATION.—Nothing in this title pro6 hibits an alien granted certified agricultural worker 

7 or certified agricultural dependent status from 

8 changing status to any other immigrant or non9 immigrant classification for which the alien may be 

10 eligible. 

11 (c) PUBLIC BENEFITS, TAX BENEFITS, AND

12 HEALTH CARE SUBSIDIES.—Aliens granted certified agri13 cultural worker or certified agricultural dependent sta14 tus— 

15 (1) shall be considered lawfully present in the 

16 United States for all purposes for the duration of 

17 their status; 

18 (2) shall be eligible for Federal means-tested 

19 public benefits to the same extent as other individ20 uals who are not qualified aliens under section 431 

21 of the Personal Responsibility and Work Oppor22 tunity Reconciliation Act of 1996 (8 U.S.C. 1641); 

23 (3) are entitled to the premium assistance tax 

24 credit authorized under section 36B of the Internal 

25 Revenue Code of 1986 (26 U.S.C. 36B); 


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1 (4) shall not be subject to the rules applicable 

2 to individuals who are not lawfully present set forth 

3 in section 1402(e) of the Patient Protection and Af4 fordable Care Act (42 U.S.C. 18071(e)); and 

5 (5) shall not be subject to the rules applicable 

6 to individuals not lawfully present set forth in sec7 tion 5000A(d)(3) of the Internal Revenue Code of 

8 1986 (26 U.S.C. 5000A(d)(3)). 

9 (d) REVOCATION OF STATUS.— 

10 (1) IN GENERAL.—The Secretary may revoke 

11 certified agricultural worker or certified agricultural 

12 dependent status if, after providing notice to the 

13 alien and the opportunity to provide evidence to con14 test the proposed revocation, the Secretary deter15 mines that the alien no longer meets the eligibility 

16 requirements for such status under section 101(b). 

17 (2) INVALIDATION OF DOCUMENTATION.—Upon 

18 the Secretary’s final determination to revoke an 

19 alien’s certified agricultural worker or certified agri20 cultural dependent status, any documentation issued 

21 by the Secretary to such alien under subsection (a) 

22 shall automatically be rendered invalid for any pur23 pose except for departure from the United States. 

24 SEC. 103. EXTENSIONS OF CERTIFIED STATUS. 

25 (a) REQUIREMENTS FOR EXTENSIONS OF STATUS.— 


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1 (1) PRINCIPAL ALIENS.—The Secretary may 

2 extend certified agricultural worker status for additional periods of 51 3 ⁄2 years to an alien who submits 

4 a completed application, including the required proc5 essing fees, within the 120-day period beginning 60 

6 days before the expiration of the fifth year of the 

7 immediately preceding grant of certified agricultural 

8 worker status, if the alien— 

9 (A) except as provided in section 126(c), 

10 has performed agricultural labor or services in 

11 the United States for at least 690 hours (or 

12 120 work days) for each of the prior 5 years in 

13 which the alien held certified agricultural work14 er status; and 

15 (B) has not become ineligible for certified 

16 agricultural worker status under section 101(b). 

17 (2) DEPENDENT SPOUSE AND CHILDREN.—The 

18 Secretary may grant or extend certified agricultural 

19 dependent status to the spouse or child of an alien 

20 granted an extension of certified agricultural worker 

21 status under paragraph (1) if the spouse or child is 

22 not ineligible for certified agricultural dependent sta23 tus under section 101(b). 

24 (3) WAIVER FOR LATE FILINGS.—The Sec25 retary may waive an alien’s failure to timely file beVerDate Sep 11 2014 00:05 Dec 31, 2022 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S5282.IS S5282

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1 fore the expiration of the 120-day period described 

2 in paragraph (1) if the alien demonstrates that the 

3 delay was due to extraordinary circumstances be4 yond the alien’s control or for other good cause. 

5 (b) STATUS FOR WORKERS WITH PENDING APPLICA6 TIONS.— 

7 (1) IN GENERAL.—Certified agricultural worker 

8 status of an alien who timely files an application to 

9 extend such status under subsection (a) (and the 

10 status of the alien’s dependents) shall be automati11 cally extended through the date on which the Sec12 retary makes a final administrative decision regard13 ing such application. 

14 (2) DOCUMENTATION OF EMPLOYMENT AU15 THORIZATION.—As soon as practicable after receipt 

16 of an application to extend certified agricultural 

17 worker status under subsection (a), the Secretary 

18 shall issue a document to the alien acknowledging 

19 the receipt of such application. An employer of the 

20 worker may not refuse to accept such document as 

21 evidence of employment authorization under section 

22 274A(b)(1)(C) of the Immigration and Nationality 

23 Act (8 U.S.C. 1324a(b)(1)(C)), pending a final ad24 ministrative decision on the application. 


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1 (c) NOTICE.—Prior to denying an application to ex2 tend certified agricultural worker status, the Secretary 

3 shall provide the alien with— 

4 (1) written notice that describes the basis for 

5 ineligibility or the deficiencies of the evidence sub6 mitted; and 

7 (2) at least 90 days to contest ineligibility or 

8 submit additional evidence. 

9 SEC. 104. DETERMINATION OF CONTINUOUS PRESENCE. 

10 (a) EFFECT OF NOTICE TO APPEAR.—The contin11 uous presence in the United States of an applicant for cer12 tified agricultural worker status under section 101 shall 

13 not terminate when the alien is served a notice to appear 

14 under section 239(a) of the Immigration and Nationality 

15 Act (8 U.S.C. 1229(a)). 

16 (b) TREATMENT OF CERTAIN BREAKS IN PRES17 ENCE.— 

18 (1) IN GENERAL.—Except as provided in para19 graphs (2) and (3), an alien shall be considered to 

20 have failed to maintain continuous presence in the 

21 United States under this subtitle if the alien de22 parted the United States for any period exceeding 

23 90 days, or for any periods, in the aggregate, ex24 ceeding 180 days. 


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1 (2) EXTENSIONS FOR EXTENUATING CIR2 CUMSTANCES.—The Secretary may extend the time 

3 periods described in paragraph (1) for an alien who 

4 demonstrates that the failure to timely return to the 

5 United States was due to extenuating circumstances 

6 beyond the alien’s control, including the serious ill7 ness of the alien, or death or serious illness of a 

8 spouse, parent, son or daughter, grandparent, or sib9 ling of the alien. 

10 (3) TRAVEL AUTHORIZED BY THE SEC11 RETARY.—Any period of travel outside of the United 

12 States by an alien that was authorized by the Sec13 retary shall not be counted toward any period of de14 parture from the United States under paragraph 

15 (1). 

16 SEC. 105. EMPLOYER OBLIGATIONS. 

17 (a) RECORD OF EMPLOYMENT.—An employer of an 

18 alien in certified agricultural worker status shall provide 

19 such alien with a written record of employment each year 

20 during which the alien provides agricultural labor or serv21 ices to such employer as a certified agricultural worker. 

22 (b) CIVIL PENALTIES.— 

23 (1) IN GENERAL.—If the Secretary determines, 

24 after notice and an opportunity for a hearing, that 

25 an employer of an alien with certified agricultural 


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1 worker status has knowingly failed to provide the 

2 record of employment required under subsection (a), 

3 or has provided a false statement of material fact in 

4 such a record, the employer shall be subject to a civil 

5 penalty in an amount not to exceed $400 per viola6 tion. 

7 (2) LIMITATION.—The penalty under paragraph 

8 (1) for failure to provide employment records shall 

9 not apply unless the alien has provided the employer 

10 with evidence of employment authorization described 

11 in section 102 or 103. 

12 (3) DEPOSIT OF CIVIL PENALTIES.—Civil pen13 alties collected under this paragraph shall be depos14 ited into the Immigration Examinations Fee Ac15 count under section 286(m) of the Immigration and 

16 Nationality Act (8 U.S.C. 1356(m)). 

17 SEC. 106. ADMINISTRATIVE AND JUDICIAL REVIEW. 

18 (a) ADMINISTRATIVE REVIEW.—The Secretary shall 

19 establish a process by which an applicant may seek admin20 istrative review of a denial of an application for certified 

21 agricultural worker status under this subtitle, an applica22 tion to extend such status, or a revocation of such status. 

23 (b) ADMISSIBILITY IN IMMIGRATION COURT.—Each 

24 record of an alien’s application for certified agricultural 

25 worker status under this subtitle, application to extend 


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1 such status, revocation of such status, and each record 

2 created pursuant to the administrative review process 

3 under subsection (a) is admissible in immigration court, 

4 and shall be included in the administrative record. 

5 (c) JUDICIAL REVIEW.—Notwithstanding any other 

6 provision of law, judicial review of the Secretary’s decision 

7 to deny an application for certified agricultural worker 

8 status, an application to extend such status, or the deci9 sion to revoke such status, shall be limited to the review 

10 of an order of removal under section 242 of the Immigra11 tion and Nationality Act (8 U.S.C. 1252). 

12 Subtitle B—Optional Earned 

13 Residence for Long-Term Workers 

14 SEC. 111. OPTIONAL ADJUSTMENT OF STATUS FOR LONG15 TERM AGRICULTURAL WORKERS. 

16 (a) REQUIREMENTS FOR ADJUSTMENT OF STA17 TUS.— 

18 (1) PRINCIPAL ALIENS.—The Secretary may 

19 adjust the status of an alien from that of a certified 

20 agricultural worker to that of a lawful permanent 

21 resident if the alien submits a completed application, 

22 including the required processing and penalty fees, 

23 and the Secretary determines that— 

24 (A) except as provided in section 126(c), 

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1 ices for not less than 690 hours (or 120 work 

2 days) each year for at least 10 years and for at 

3 least 4 years while in certified agricultural 

4 worker status; and 

5 (B) the alien has not become ineligible for 

6 certified agricultural worker status under sec7 tion 101(b). 

8 (2) DEPENDENT ALIENS.— 

9 (A) IN GENERAL.—The spouse and each 

10 child of an alien described in paragraph (1) 

11 whose status has been adjusted to that of a 

12 lawful permanent resident may be granted law13 ful permanent residence under this subtitle if— 

14 (i) the qualifying relationship to the 

15 principal alien existed on the date on which 

16 such alien was granted adjustment of sta17 tus under this subtitle; and 

18 (ii) the spouse or child is not ineligible 

19 for certified agricultural worker dependent 

20 status under section 101(b). 

21 (B) PROTECTIONS FOR SPOUSES AND

22 CHILDREN.—The Secretary of Homeland Secu23 rity shall establish procedures to allow the 

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•S 5282 IS

1 er to self-petition for lawful permanent resi2 dence under this subtitle in cases involving— 

3 (i) the death of the certified agricul4 tural worker, so long as the spouse or child 

5 submits a petition not later than 2 years 

6 after the date of the worker’s death; or 

7 (ii) the spouse or a child being bat8 tered or subjected to extreme cruelty by 

9 the certified agricultural worker. 

10 (3) DOCUMENTATION OF WORK HISTORY.— 

11 (A) IN GENERAL.—An applicant for ad12 justment of status under this section shall not 

13 be required to resubmit evidence of work his14 tory that has been previously submitted to the 

15 Secretary in connection with an approved exten16 sion of certified agricultural worker status. 

17 (B) PRESUMPTION OF COMPLIANCE.—The 

18 Secretary shall presume that the work require19 ment has been met if the applicant attests, 

20 under penalty of perjury, that he or she— 

21 (i) has satisfied the requirement; 

22 (ii) demonstrates presence in the 

23 United States during the most recent 10- 

24 year period; and 


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•S 5282 IS

1 (iii) presents documentation dem2 onstrating compliance with the work re3 quirement while the applicant was in cer4 tified agricultural worker status. 

5 (b) PENALTY FEE.—In addition to any processing 

6 fee that the Secretary may assess in accordance with sec7 tion 122(b), a principal alien seeking adjustment of status 

8 under this subtitle shall pay a $750 penalty fee, which 

9 shall be deposited into the Immigration Examinations Fee 

10 Account pursuant to section 286(m) of the Immigration 

11 and Nationality Act (8 U.S.C. 1356(m)). 

12 (c) EFFECT OF PENDING APPLICATION.—During the 

13 period beginning on the date on which an alien applies 

14 for adjustment of status under this subtitle, and ending 

15 on the date on which the Secretary makes a final adminis16 trative decision regarding such application, the alien and 

17 any dependents included on the application— 

18 (1) may apply for advance parole, which shall 

19 be granted upon demonstrating a legitimate need to 

20 travel outside the United States for a temporary 

21 purpose; 

22 (2) may not be detained by the Secretary or re23 moved from the United States unless the Secretary 

24 makes a prima facie determination that such alien 


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•S 5282 IS

1 is, or has become, ineligible for adjustment of status 

2 under subsection (a); 

3 (3) may not be considered unlawfully present 

4 under section 212(a)(9)(B) of the Immigration and 

5 Nationality Act (8 U.S.C. 1182(a)(9)(B)); and 

6 (4) may not be considered an unauthorized 

7 alien (as defined in section 274A(h)(3) of the Immi8 gration and Nationality Act (8 U.S.C. 

9 1324a(h)(3))). 

10 (d) EVIDENCE OF APPLICATION FILING.—As soon as 

11 practicable after receiving an application for adjustment 

12 of status under this subtitle, the Secretary shall provide 

13 the applicant with a document acknowledging the receipt 

14 of such application. Such document shall serve as interim 

15 proof of the alien’s authorization to accept employment 

16 in the United States and shall be accepted by an employer 

17 as evidence of employment authorization under section 

18 274A(b)(1)(C) of the Immigration and Nationality Act (8 

19 U.S.C. 1324a(b)(1)(C)), pending a final administrative 

20 decision on the application. 

21 (e) WITHDRAWAL OF APPLICATION.—The Secretary 

22 shall, upon receipt of a request to withdraw an application 

23 for adjustment of status under this subtitle, cease proc24 essing of the application, and close the case. Withdrawal 

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•S 5282 IS

1 tion filed by the applicant for any immigration benefit 

2 under this Act or under the Immigration and Nationality 

3 Act (8 U.S.C. 1101 et seq.). 

4 SEC. 112. PAYMENT OF TAXES. 

5 (a) IN GENERAL.—An alien may not be granted ad6 justment of status under this subtitle unless the applicant 

7 has satisfied any applicable Federal tax liability. 

8 (b) COMPLIANCE.—An alien may demonstrate com9 pliance with subsection (a) by submitting such documenta10 tion as the Secretary, in consultation with the Secretary 

11 of the Treasury, may require by regulation. 

12 SEC. 113. ADJUDICATION AND DECISION; REVIEW. 

13 (a) IN GENERAL.—Subject to the requirements of 

14 section 123, the Secretary shall render a decision on an 

15 application for adjustment of status under this subtitle not 

16 later than 180 days after the date on which the application 

17 is filed. 

18 (b) NOTICE.—Prior to denying an application for ad19 justment of status under this subtitle, the Secretary shall 

20 provide the alien with— 

21 (1) written notice that describes the basis for 

22 ineligibility or the deficiencies of the evidence sub23 mitted; and 

24 (2) at least 90 days to contest ineligibility or 

25 submit additional evidence. 


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•S 5282 IS

1 (c) ADMINISTRATIVE REVIEW.—The Secretary shall 

2 establish a process by which an applicant may seek admin3 istrative review of a denial of an application for adjust4 ment of status under this subtitle. 

5 (d) JUDICIAL REVIEW.—Notwithstanding any other 

6 provision of law, an alien may seek judicial review of a 

7 denial of an application for adjustment of status under 

8 this title in an appropriate United States district court. 

9 Subtitle C—General Provisions 

10 SEC. 121. DEFINITIONS. 

11 In this title: 

12 (1) IN GENERAL.—Except as otherwise pro13 vided, any term used in this title that is used in the 

14 immigration laws shall have the meaning given such 

15 term in the immigration laws (as such term is de16 fined in section 101 of the Immigration and Nation17 ality Act (8 U.S.C. 1101)). 

18 (2) AGRICULTURAL LABOR OR SERVICES.—The 

19 term ‘‘agricultural labor or services’’ means— 

20 (A) agricultural labor or services (as such 

21 term is used in section 101(a)(15)(H)(ii) of the 

22 Immigration and Nationality Act (8 U.S.C. 

23 1101(a)(15)(H)(ii))), without regard to whether 

24 the labor or services are of a seasonal or tem25 porary nature; and 


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•S 5282 IS

1 (B) agricultural employment (as such term 

2 is defined in section 3 of the Migrant and Sea3 sonal Agricultural Worker Protection Act (29 

4 U.S.C. 1802)), and including employment with 

5 any agricultural cooperative, without regard to 

6 whether the specific service or activity is tem7 porary or seasonal. 

8 (3) APPLICABLE FEDERAL TAX LIABILITY.— 

9 The term ‘‘applicable Federal tax liability’’ means all 

10 Federal income taxes assessed in accordance with 

11 section 6203 of the Internal Revenue Code of 1986 

12 beginning on the date on which the applicant was 

13 authorized to work in the United States as a cer14 tified agricultural worker. 

15 (4) APPROPRIATE UNITED STATES DISTRICT

16 COURT.—The term ‘‘appropriate United States dis17 trict court’’ means the United States District Court 

18 for the District of Columbia or the United States 

19 district court with jurisdiction over the alien’s prin20 cipal place of residence. 

21 (5) CHILD.—The term ‘‘child’’ has the meaning 

22 given such term in section 101(b)(1) of the Immi23 gration and Nationality Act (8 U.S.C. 1101(b)(1)). 

24 (6) CONVICTED OR CONVICTION.—The term 

25 ‘‘convicted’’ or ‘‘conviction’’ does not include a judgVerDate Sep 11 2014 00:05 Dec 31, 2022 Jkt 039200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S5282.IS S5282

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•S 5282 IS

1 ment that has been expunged or set aside, that re2 sulted in a rehabilitative disposition, or the equiva3 lent. 

4 (7) EMPLOYER.—The term ‘‘employer’’ means 

5 any person or entity, including any labor contractor 

6 or any agricultural association, that employs workers 

7 in agricultural labor or services. 

8 (8) QUALIFIED DESIGNATED ENTITY.—The 

9 term ‘‘qualified designated entity’’ means— 

10 (A) a qualified farm labor organization or 

11 an association of employers designated by the 

12 Secretary; or 

13 (B) any other entity that the Secretary 

14 designates as having substantial experience, 

15 demonstrated competence, and a history of 

16 long-term involvement in the preparation and 

17 submission of application for adjustment of sta18 tus under title II of the Immigration and Na19 tionality Act (8 U.S.C. 1151 et seq.). 

20 (9) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Homeland Security. 

22 (10) WORK DAY.—The term ‘‘work day’’ means 

23 any day in which the individual is employed 5.75 or 

24 more hours in agricultural labor or services. 


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1 SEC. 122. RULEMAKING; FEES. 

2 (a) RULEMAKING.—Not later than 180 days after the 

3 date of the enactment of this Act, the Secretary shall pub4 lish in the Federal Register an interim final rule imple5 menting this title. Notwithstanding section 553 of title 5, 

6 United States Code, the rule shall be effective, on an in7 terim basis, immediately upon publication, but may be 

8 subject to change and revision after public notice and op9 portunity for comment. The Secretary shall finalize such 

10 rule not later than 1 year after the date of the enactment 

11 of this Act. 

12 (b) FEES.— 

13 (1) IN GENERAL.—The Secretary may require 

14 an alien applying for any benefit under this title to 

15 pay a reasonable fee that is commensurate with the 

16 cost of processing the application. 

17 (2) FEE WAIVER; INSTALLMENTS.— 

18 (A) IN GENERAL.—The Secretary shall es19 tablish procedures to allow an alien to— 

20 (i) request a waiver of any fee that 

21 the Secretary may assess under this title if 

22 the alien demonstrates to the satisfaction 

23 of the Secretary that the alien is unable to 

24 pay the prescribed fee; or 


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•S 5282 IS

1 (ii) pay any fee or penalty that the 

2 Secretary may assess under this title in in3 stallments. 

4 (B) CLARIFICATION.—Nothing in this sec5 tion shall be read to prohibit an employer from 

6 paying any fee or penalty that the Secretary 

7 may assess under this title on behalf of an alien 

8 and the alien’s spouse or children. 

9 SEC. 123. BACKGROUND CHECKS. 

10 (a) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC

11 DATA.—The Secretary may not grant or extend certified 

12 agricultural worker or certified agricultural dependent sta13 tus under subtitle A, or grant adjustment of status to that 

14 of a lawful permanent resident under subtitle B, unless 

15 the alien submits biometric and biographic data, in accord16 ance with procedures established by the Secretary. The 

17 Secretary shall provide an alternative procedure for aliens 

18 who cannot provide all required biometric or biographic 

19 data because of a physical impairment. 

20 (b) BACKGROUND CHECKS.—The Secretary shall use 

21 biometric, biographic, and other data that the Secretary 

22 determines appropriate to conduct security and law en23 forcement background checks and to determine whether 

24 there is any criminal, national security, or other factor 

25 that would render the alien ineligible for status under this 


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•S 5282 IS

1 title. An alien may not be granted any such status under 

2 this title unless security and law enforcement background 

3 checks are completed to the satisfaction of the Secretary. 

4 SEC. 124. PROTECTION FOR CHILDREN. 

5 (a) IN GENERAL.—Except as provided in subsection 

6 (b), for purposes of eligibility for certified agricultural de7 pendent status or lawful permanent resident status under 

8 this title, a determination of whether an alien is a child 

9 shall be made using the age of the alien on the date on 

10 which the initial application for certified agricultural 

11 worker status is filed with the Secretary of Homeland Se12 curity. 

13 (b) LIMITATION.—Subsection (a) shall apply for no 

14 more than 10 years after the date on which the initial 

15 application for certified agricultural worker status is filed 

16 with the Secretary of Homeland Security. 

17 SEC. 125. LIMITATION ON REMOVAL. 

18 (a) IN GENERAL.—An alien who appears to be prima 

19 facie eligible for status under this title shall be given a 

20 reasonable opportunity to apply for such status. Such an 

21 alien may not be placed in removal proceedings or removed 

22 from the United States until a final administrative deci23 sion establishing ineligibility for such status is rendered. 

24 (b) ALIENS IN REMOVAL PROCEEDINGS.—Notwith25 standing any other provision of the law, the Attorney GenVerDate Sep 11 2014 00:05 Dec 31, 2022 Jkt 039200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S5282.IS S5282

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•S 5282 IS

1 eral shall (upon motion by the Secretary with the consent 

2 of the alien, or motion by the alien) terminate removal 

3 proceedings, without prejudice, against an alien who ap4 pears to be prima facie eligible for status under this title, 

5 and provide such alien a reasonable opportunity to apply 

6 for such status. 

7 (c) EFFECT OF FINAL ORDER.—An alien present in 

8 the United States who has been ordered removed or has 

9 been permitted to depart voluntarily from the United 

10 States may, notwithstanding such order or permission to 

11 depart, apply for status under this title. Such alien shall 

12 not be required to file a separate motion to reopen, recon13 sider, or vacate the order of removal. If the Secretary ap14 proves the application, the Secretary shall notify the At15 torney General of such approval, and the Attorney General 

16 shall cancel the order of removal. If the Secretary renders 

17 a final administrative decision to deny the application, the 

18 order of removal or permission to depart shall be effective 

19 and enforceable to the same extent as if the application 

20 had not been made, only after all available administrative 

21 and judicial remedies have been exhausted. 

22 (d) EFFECT OF DEPARTURE.—Section 101(g) of the 

23 Immigration and Nationality Act (8 U.S.C. 1101(g)) shall 

24 not apply to an alien who departs the United States— 


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•S 5282 IS

1 (1) with advance permission to return to the 

2 United States granted by the Secretary under this 

3 title; or 

4 (2) after having been granted certified agricul5 tural worker status or lawful permanent resident 

6 status under this title. 

7 SEC. 126. DOCUMENTATION OF AGRICULTURAL WORK HIS8 TORY. 

9 (a) BURDEN OF PROOF.—An alien applying for cer10 tified agricultural worker status under subtitle A or ad11 justment of status under subtitle B has the burden of 

12 proving by a preponderance of the evidence that the alien 

13 has worked the requisite number of hours or days required 

14 under section 101, 103, or 111, as applicable. The Sec15 retary shall establish special procedures to properly credit 

16 work in cases in which an alien was employed under an 

17 assumed name. 

18 (b) EVIDENCE.—An alien may meet the burden of 

19 proof under subsection (a) by producing sufficient evi20 dence to show the extent of such employment as a matter 

21 of just and reasonable inference. Such evidence may in22 clude— 

23 (1) an annual record of certified agricultural 

24 worker employment as described in section 105(a), 

25 or other employment records from employers; 


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•S 5282 IS

1 (2) employment records maintained by collective 

2 bargaining associations; 

3 (3) tax records or other government records; 

4 (4) sworn affidavits from individuals who have 

5 direct knowledge of the alien’s work history; or 

6 (5) any other documentation designated by the 

7 Secretary for such purpose. 

8 (c) EXCEPTIONS FOR EXTRAORDINARY CIR9 CUMSTANCES.— 

10 (1) IMPACT OF COVID–19.— 

11 (A) IN GENERAL.—The Secretary may 

12 grant certified agricultural worker status to an 

13 alien who is otherwise eligible for such status if 

14 such alien is able to only partially satisfy the 

15 requirement under section 101(a)(1)(A) as a re16 sult of reduced hours of employment or other 

17 restrictions associated with the public health 

18 emergency declared by the Secretary of Health 

19 and Human Services under section 319 of the 

20 Public Health Service Act (42 U.S.C. 247d) 

21 with respect to COVID–19. 

22 (B) LIMITATION.—The exception described 

23 in subparagraph (A) shall apply only to agricul24 tural labor or services required to be performed 

25 during the period that— 


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•S 5282 IS

1 (i) begins on the first day of the pub2 lic health emergency described in subpara3 graph (A); and 

4 (ii) ends 90 days after the date on 

5 which such public health emergency termi6 nates. 

7 (2) EXTRAORDINARY CIRCUMSTANCES.—In de8 termining whether an alien has met the requirement 

9 under section 103(a)(1)(A) or 111(a)(1)(A), the Sec10 retary may credit the alien with not more than 690 

11 hours (or 120 work days) of agricultural labor or 

12 services in the United States if the alien was unable 

13 to perform the required agricultural labor or services 

14 due to— 

15 (A) pregnancy, parental leave, illness, dis16 ease, disabling injury, or physical limitation of 

17 the alien; 

18 (B) injury, illness, disease, or other special 

19 needs of the alien’s child or spouse; 

20 (C) severe weather conditions that pre21 vented the alien from engaging in agricultural 

22 labor or services; 

23 (D) reduced hours of employment or other 

24 restrictions associated with a public health 

25 emergency declared by the Secretary of Health 


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•S 5282 IS

1 and Human Services under section 319 of the 

2 Public Health Service Act (42 U.S.C. 247d); or 

3 (E) termination from agricultural employ4 ment, if the Secretary determines that— 

5 (i) the termination was without just 

6 cause; and 

7 (ii) the alien was unable to find alter8 native agricultural employment after a rea9 sonable job search. 

10 (3) EFFECT OF DETERMINATION.—A deter11 mination under paragraph (1)(E) shall not be con12 clusive, binding, or admissible in a separate or sub13 sequent judicial or administrative action or pro14 ceeding between the alien and a current or prior em15 ployer of the alien or any other party. 

16 (4) HARDSHIP WAIVER.— 

17 (A) IN GENERAL.—As part of the rule18 making described in section 122(a), the Sec19 retary shall establish procedures allowing for a 

20 partial waiver of the requirement under section 

21 111(a)(1)(A) for a certified agricultural worker 

22 if such worker— 

23 (i) has continuously maintained cer24 tified agricultural worker status since the 

25 date such status was initially granted; 


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•S 5282 IS

1 (ii) has partially completed the re2 quirement under section 111(a)(1)(A); and 

3 (iii) is no longer able to engage in ag4 ricultural labor or services safely and effec5 tively because of— 

6 (I) a permanent disability suf7 fered while engaging in agricultural 

8 labor or services; or 

9 (II) deteriorating health or phys10 ical ability combined with advanced 

11 age. 

12 (B) DISABILITY.—In establishing the pro13 cedures described in subparagraph (A), the Sec14 retary shall consult with the Secretary of 

15 Health and Human Services and the Commis16 sioner of Social Security to define ‘‘permanent 

17 disability’’ for purposes of a waiver under sub18 paragraph (A)(iii)(I). 

19 SEC. 127. EMPLOYER PROTECTIONS. 

20 (a) CONTINUING EMPLOYMENT.—An employer that 

21 continues to employ an alien knowing that the alien in22 tends to apply for certified agricultural worker status 

23 under subtitle A shall not violate section 274A(a)(2) of 

24 the Immigration and Nationality Act (8 U.S.C. 

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•S 5282 IS

1 ration of the application period described in section 

2 101(c), and with respect to an alien who applies for cer3 tified agricultural status, for the duration of the period 

4 during which the alien’s application is pending final deter5 mination. 

6 (b) USE OF EMPLOYMENT RECORDS.—Copies of em7 ployment records or other evidence of employment pro8 vided by an alien or by an alien’s employer in support of 

9 an alien’s application for certified agricultural worker or 

10 adjustment of status under this title may not be used in 

11 a civil or criminal prosecution or investigation of that em12 ployer under section 274A of the Immigration and Nation13 ality Act (8 U.S.C. 1324a) or the Internal Revenue Code 

14 of 1986 for the prior unlawful employment of that alien 

15 regardless of the outcome of such application. 

16 (c) ADDITIONAL PROTECTIONS.—Employers that 

17 provide unauthorized aliens with copies of employment 

18 records or other evidence of employment in support of an 

19 application for certified agricultural worker status or ad20 justment of status under this title shall not be subject to 

21 civil and criminal liability pursuant to such section 274A 

22 for employing such unauthorized aliens. Records or other 

23 evidence of employment provided by employers in response 

24 to a request for such records for the purpose of estab25 lishing eligibility for status under this title may not be 


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•S 5282 IS

1 used for any purpose other than establishing such eligi2 bility. 

3 (d) LIMITATION ON PROTECTION.—The protections 

4 for employers under this section shall not apply if the em5 ployer provides employment records to the alien that are 

6 determined to be fraudulent. 

7 SEC. 128. CORRECTION OF SOCIAL SECURITY RECORDS; 

8 CONFORMING AMENDMENTS. 

9 (a) IN GENERAL.—Section 208(e)(1) of the Social 

10 Security Act (42 U.S.C. 408(e)(1)) is amended— 

11 (1) in subparagraph (B)(ii), by striking ‘‘or’’ at 

12 the end; 

13 (2) in subparagraph (C), by inserting ‘‘or’’ at 

14 the end; 

15 (3) by inserting after subparagraph (C) the fol16 lowing: 

17 ‘‘(D) who is granted certified agricultural work18 er status, certified agricultural dependent status, or 

19 lawful permanent resident status under title I of the 

20 Affordable and Secure Food Act of 2022,’’; and 

21 (4) in the undesignated matter following sub22 paragraph (D), as added by paragraph (3), by strik23 ing ‘‘1990.’’ and inserting ‘‘1990, or in the case of 

24 an alien described in subparagraph (D), if such con25 duct is alleged to have occurred before the date on 


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•S 5282 IS

1 which the alien was granted status under title I of 

2 the Affordable and Secure Food Act of 2022.’’. 

3 (b) EFFECTIVE DATE.—The amendments made by 

4 subsection (a) shall take effect on the first day of the sev5 enth month that begins after the date of the enactment 

6 of this Act. 

7 (c) CONFORMING AMENDMENTS.— 

8 (1) SOCIAL SECURITY ACT.—Section 210(a)(1) 

9 of the Social Security Act (42 U.S.C. 410(a)(1)) is 

10 amended by inserting before the semicolon the fol11 lowing: ‘‘(other than aliens granted certified agricul12 tural worker status or certified agricultural depend13 ent status under title I of the Affordable and Secure 

14 Food Act of 2022’’. 

15 (2) INTERNAL REVENUE CODE OF 1986.—Sec16 tion 3121(b)(1) of the Internal Revenue Code of 

17 1986 is amended by inserting before the semicolon 

18 the following: ‘‘(other than aliens granted certified 

19 agricultural worker status or certified agricultural 

20 dependent status under title I of the Affordable and 

21 Secure Food Act of 2022’’. 

22 (3) EFFECTIVE DATE.—The amendments made 

23 by this subsection shall apply with respect to service 

24 performed after the date of the enactment of this 

25 Act. 


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1 (d) AUTOMATED SYSTEM TO ASSIGN SOCIAL SECU2 RITY ACCOUNT NUMBERS.—Section 205(c)(2)(B) of the 

3 Social Security Act (42 U.S.C. 405(c)(2)(B)) is amended 

4 by adding at the end the following: 

5 ‘‘(iv) The Commissioner of Social Se6 curity shall, to the extent practicable, co7 ordinate with the Secretary of the Depart8 ment of Homeland Security to implement 

9 an automated system for the Commissioner 

10 to assign social security account numbers 

11 to aliens granted certified agricultural 

12 worker status or certified agricultural de13 pendent status under title I of the Afford14 able and Secure Food Act of 2022. An 

15 alien who is granted such status, and who 

16 was not previously assigned a social secu17 rity account number, shall request assign18 ment of a social security account number 

19 and a social security card from the Com20 missioner through such system. The Sec21 retary shall collect and provide to the Com22 missioner such information as the Commis23 sioner deems necessary for the Commis24 sioner to assign a social security account 

25 number, which information may be used by 


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•S 5282 IS

1 the Commissioner for any purpose for 

2 which the Commissioner is otherwise au3 thorized under Federal law. The Commis4 sioner may maintain, use, and disclose 

5 such information only as permitted by the 

6 Privacy Act and other Federal law.’’. 

7 SEC. 129. DISCLOSURES AND PRIVACY. 

8 (a) IN GENERAL.—The Secretary may not disclose 

9 or use information provided in an application for certified 

10 agricultural worker status or adjustment of status under 

11 this title (including information provided during adminis12 trative or judicial review) for the purpose of immigration 

13 enforcement. 

14 (b) REFERRALS PROHIBITED.—The Secretary, based 

15 solely on information provided in an application for cer16 tified agricultural worker status or adjustment of status 

17 under this title (including information provided during ad18 ministrative or judicial review), may not refer an applicant 

19 to U.S. Immigration and Customs Enforcement, U.S. Cus20 toms and Border Protection, or any designee of either 

21 such entity. 

22 (c) EXCEPTIONS.—Notwithstanding subsections (a) 

23 and (b), information provided in an application for cer24 tified agricultural worker status or adjustment of status 


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•S 5282 IS

1 under this title may be shared with Federal security and 

2 law enforcement agencies— 

3 (1) for assistance in the consideration of an ap4 plication under this title; 

5 (2) to identify or prevent fraudulent claims or 

6 schemes; 

7 (3) for national security purposes; or 

8 (4) for the investigation or prosecution of any 

9 felony not related to immigration status. 

10 (d) PENALTY.—Any person who knowingly uses, pub11 lishes, or permits information to be examined in violation 

12 of this section shall be fined not more than $10,000. 

13 (e) PRIVACY.—The Secretary shall ensure that ap14 propriate administrative and physical safeguards are in 

15 place to protect the security, confidentiality, and integrity 

16 of personally identifiable information collected, main17 tained, and disseminated pursuant to this title. 

18 SEC. 130. PENALTIES FOR FALSE STATEMENTS IN APPLICA19 TIONS. 

20 (a) CRIMINAL PENALTY.—Any person who— 

21 (1) files an application for certified agricultural 

22 worker status or adjustment of status under this 

23 title and knowingly falsifies, conceals, or covers up 

24 a material fact or makes any false, fictitious, or 

25 fraudulent statements or representations, or makes 


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•S 5282 IS

1 or uses any false writing or document knowing the 

2 same to contain any false, fictitious, or fraudulent 

3 statement or entry; or 

4 (2) creates or supplies a false writing or docu5 ment for use in making such an application, 

6 shall be fined in accordance with title 18, United States 

7 Code, imprisoned not more than 5 years, or both. 

8 (b) INADMISSIBILITY.—An alien who is convicted 

9 under subsection (a) shall be deemed inadmissible to the 

10 United States under section 212(a)(6)(C)(i) of the Immi11 gration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)). 

12 (c) DEPOSIT.—Fines collected under subsection (a) 

13 shall be deposited into the Immigration Examinations Fee 

14 Account pursuant to section 286(m) of the Immigration 

15 and Nationality Act (8 U.S.C. 1356(m)). 

16 SEC. 131. DISSEMINATION OF INFORMATION. 

17 (a) IN GENERAL.—Beginning not later than the first 

18 day of the application period described in section 101(c)— 

19 (1) the Secretary of Homeland Security, in co20 operation with qualified designated entities, shall 

21 broadly disseminate information described in sub22 section (b); and 

23 (2) the Secretary of Agriculture, in consultation 

24 with the Secretary of Homeland Security and the 

25 Secretary of Labor, shall disseminate to agricultural 


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•S 5282 IS

1 employers a document containing the information 

2 described in subsection (b) for posting at employer 

3 worksites. 

4 (b) INFORMATION DESCRIBED.—The information de5 scribed in this subsection shall include— 

6 (1) the benefits that aliens may receive under 

7 this title; and 

8 (2) the requirements that an alien must meet to 

9 receive such benefits. 

10 SEC. 132. EXEMPTION FROM NUMERICAL LIMITATIONS. 

11 The numerical limitations under title II of the Immi12 gration and Nationality Act (8 U.S.C. 1151 et seq.) shall 

13 not apply to the adjustment of aliens to lawful permanent 

14 resident status under this title, and such aliens shall not 

15 be counted toward any such numerical limitation. 

16 SEC. 133. REPORTS TO CONGRESS. 

17 Not later than 180 days after the publication of the 

18 final rule under section 122(a), and annually thereafter 

19 for the following 10 years, the Secretary shall submit a 

20 report to the Committee on the Judiciary of the Senate 

21 and the Committee on the Judiciary of the House of Rep22 resentatives that identifies, for the previous fiscal year— 

23 (1) the number of principal aliens who applied 

24 for certified agricultural worker status under subtitle 


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1 A, and the number of dependent spouses and chil2 dren included in such applications; 

3 (2) the number of principal aliens who were 

4 granted certified agricultural worker status under 

5 subtitle A, and the number of dependent spouses 

6 and children who were granted certified agricultural 

7 dependent status; 

8 (3) the number of principal aliens who applied 

9 for an extension of their certified agricultural worker 

10 status under subtitle A, and the number of depend11 ent spouses and children included in such applica12 tions; 

13 (4) the number of principal aliens who were 

14 granted an extension of certified agricultural worker 

15 status under subtitle A, and the number of depend16 ent spouses and children who were granted certified 

17 agricultural dependent status under such an exten18 sion; 

19 (5) the number of principal aliens who applied 

20 for adjustment of status under subtitle B, and the 

21 number of dependent spouses and children included 

22 in such applications; 

23 (6) the number of principal aliens who were 

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1 title B, and the number of spouses and children who 

2 were granted such status as dependents; 

3 (7) the number of principal aliens included in 

4 petitions described in section 101(e), and the num5 ber of dependent spouses and children included in 

6 such applications; and 

7 (8) the number of principal aliens who were 

8 granted H–2A status pursuant to petitions described 

9 in section 101(e), and the number of dependent 

10 spouses and children who were granted H–4 status. 

11 SEC. 134. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI12 CANTS. 

13 (a) ESTABLISHMENT.—The Secretary shall establish 

14 a program to award grants, on a competitive basis, to eli15 gible nonprofit organizations to assist eligible applicants 

16 under this title by providing them with the services de17 scribed in subsection (c). 

18 (b) ELIGIBLE NONPROFIT ORGANIZATION.—In this 

19 section, the term ‘‘eligible nonprofit organization’’ means 

20 an organization described in section 501(c)(3) of the In21 ternal Revenue Code of 1986 (excluding a recipient of 

22 funds under title X of the Economic Opportunity Act of 

23 1964 (42 U.S.C. 2996 et seq.)) that has demonstrated 

24 qualifications, experience, and expertise in providing qual25 ity services to farm workers or aliens. 


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1 (c) USE OF FUNDS.—Grant funds awarded under 

2 this section may be used for the design and implementa3 tion of programs that provide— 

4 (1) information to the public regarding the eli5 gibility and benefits of certified agricultural worker 

6 status authorized under this title; and 

7 (2) assistance, within the scope of authorized 

8 practice of immigration law, to individuals submit9 ting applications for certified agricultural worker 

10 status or adjustment of status under this title, in11 cluding— 

12 (A) screening prospective applicants to as13 sess their eligibility for such status; 

14 (B) completing applications, including pro15 viding assistance in obtaining necessary docu16 ments and supporting evidence; and 

17 (C) providing any other assistance that the 

18 Secretary determines useful to assist aliens in 

19 applying for certified agricultural worker status 

20 or adjustment of status under this title. 

21 (d) SOURCE OF FUNDS.—In addition to any funds 

22 appropriated to carry out this section, the Secretary shall 

23 use up to $10,000,000 from the Immigration Examina24 tions Fee Account under section 286(m) of the ImmigraVerDate Sep 11 2014 00:05 Dec 31, 2022 Jkt 039200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S5282.IS S5282

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1 tion and Nationality Act (8 U.S.C. 1356(m)) to carry out 

2 this section. 

3 (e) ELIGIBILITY FOR SERVICES.—Section 504(a)(11) 

4 of Public Law 104–134 (110 Stat. 1321–53 et seq.) shall 

5 not be construed to prevent a recipient of funds under title 

6 X of the Economic Opportunity Act of 1964 (42 U.S.C. 

7 2996 et seq.) from providing legal assistance directly re8 lated to an application for status under this title or to 

9 an alien granted such status. 

10 SEC. 135. AUTHORIZATION OF APPROPRIATIONS. 

11 There is authorized to be appropriated to the Sec12 retary, such sums as may be necessary to implement this 

13 title, including any amounts needed for costs associated 

14 with the initiation of such implementation, for each of fis15 cal years 2023 through 2025. 

16 TITLE II—ENSURING AN AGRI17 CULTURAL WORKFORCE FOR 

18 THE FUTURE 

19 Subtitle A—Reforming the H–2A 

20 Temporary Worker Program 

21 SEC. 201. COMPREHENSIVE AND STREAMLINED ELEC22 TRONIC H–2A PLATFORM. 

23 (a) STREAMLINED H–2A PLATFORM.— 

24 (1) IN GENERAL.—Not later than 1 year after 

25 the date of the enactment of this Act, the Secretary 


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1 of Homeland Security, in consultation with the Sec2 retary of Labor, the Secretary of Agriculture, the 

3 Secretary of State, and United States Digital Serv4 ice, shall ensure the establishment of an electronic 

5 platform through which a petition for an H–2A 

6 worker may be filed. Such platform shall— 

7 (A) serve as a single point of access for an 

8 employer to input all information and sup9 porting documentation required for obtaining 

10 labor certification from the Secretary of Labor 

11 and the adjudication of the H–2A petition by 

12 the Secretary of Homeland Security; 

13 (B) serve as a single point of access for the 

14 Secretary of Homeland Security, the Secretary 

15 of Labor, and State workforce agencies to con16 currently perform their respective review and 

17 adjudicatory responsibilities in the H–2A proc18 ess; 

19 (C) facilitate communication between em20 ployers and agency adjudicators, including by 

21 allowing employers to— 

22 (i) receive and respond to notices of 

23 deficiency and requests for information; 

24 (ii) submit requests for inspections 

25 and licensing; 


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1 (iii) receive notices of approval and 

2 denial; and 

3 (iv) request reconsideration or appeal 

4 of agency decisions; and 

5 (D) provide information to the Secretary of 

6 State and U.S. Customs and Border Protection 

7 necessary for the efficient and secure processing 

8 of H–2A visas and applications for admission. 

9 (2) OBJECTIVES.—In developing the platform 

10 described in paragraph (1), the Secretary of Home11 land Security, in consultation with the Secretary of 

12 Labor, the Secretary of Agriculture, the Secretary of 

13 State, and United States Digital Service, shall 

14 streamline and improve the H–2A process, including 

15 by— 

16 (A) eliminating the need for employers to 

17 submit duplicate information and documenta18 tion to multiple agencies; 

19 (B) eliminating redundant processes, where 

20 a single matter in a petition is adjudicated by 

21 more than one agency; 

22 (C) reducing the occurrence of common pe23 tition errors, and otherwise improving and expe24 diting the processing of H–2A petitions; and 


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1 (D) ensuring compliance with H–2A pro2 gram requirements and the protection of the 

3 wages and working conditions of workers. 

4 (3) REPORTS TO CONGRESS.—Not later than 6 

5 months after the date of the enactment of this Act, 

6 and every 3 months thereafter until the H–2A work7 er electronic platform is established pursuant to 

8 paragraph (1), the Secretary of Homeland Security 

9 shall submit a report to the Committee on the Judi10 ciary of the Senate and the Committee on the Judi11 ciary of the House of Representatives that outlines 

12 the status of the electronic platform development. 

13 (b) ONLINE JOB REGISTRY.—The Secretary of Labor 

14 shall maintain a national, publicly accessible online job 

15 registry and database of all job orders submitted by H– 

16 2A employers. The registry and database shall— 

17 (1) be searchable using relevant criteria, includ18 ing the types of jobs needed to be filled, the date(s) 

19 and location(s) of need, and the employer(s) named 

20 in the job order; 

21 (2) provide an interface for workers in English, 

22 Spanish, and any other language that the Secretary 

23 of Labor determines to be appropriate; and 


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1 (3) provide for public access of job orders ap2 proved under section 218(h)(2) of the Immigration 

3 and Nationality Act (8 U.S.C. 1188(h)(2)). 

4 SEC. 202. H–2A PROGRAM REQUIREMENTS. 

5 Section 218 of the Immigration and Nationality Act 

6 (8 U.S.C. 1188) is amended to read as follows: 

7 ‘‘SEC. 218. ADMISSION OF TEMPORARY H–2A WORKERS. 

8 ‘‘(a) LABOR CERTIFICATION CONDITIONS.—The Sec9 retary of Homeland Security may not approve a petition 

10 to admit an H–2A worker unless the Secretary of Labor 

11 has certified that— 

12 ‘‘(1) there are not sufficient United States 

13 workers who are able, willing and qualified, and who 

14 will be available at the time and place needed, to 

15 perform the agricultural labor or services described 

16 in the petition; and 

17 ‘‘(2) the employment of the H–2A worker in 

18 such labor or services will not adversely affect the 

19 wages and working conditions of workers in the 

20 United States who are similarly employed. 

21 ‘‘(b) H–2A PETITION REQUIREMENTS.—An em22 ployer filing a petition for an H–2A worker to perform 

23 agricultural labor or services shall attest to and dem24 onstrate compliance, as and when appropriate, with all apVerDate Sep 11 2014 00:05 Dec 31, 2022 Jkt 039200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S5282.IS S5282

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1 plicable requirements under this section, including the fol2 lowing: 

3 ‘‘(1) NEED FOR LABOR OR SERVICES.—The em4 ployer has described the need for agricultural labor 

5 or services in a job order that includes a description 

6 of the nature and location of the work to be per7 formed, the material terms and conditions of em8 ployment, the anticipated period or periods (expected 

9 start and end dates) for which the workers will be 

10 needed, the number of job opportunities in which the 

11 employer seeks to employ the workers, and any other 

12 requirement for a job order. 

13 ‘‘(2) NONDISPLACEMENT OF UNITED STATES

14 WORKERS.—The employer has not and will not dis15 place United States workers employed by the em16 ployer during the period of employment of the H– 

17 2A worker and during the 60-day period imme18 diately preceding such period of employment in the 

19 job for which the employer seeks approval to employ 

20 the H–2A worker. 

21 ‘‘(3) STRIKE OR LOCKOUT.—Each place of em22 ployment described in the petition is not, at the time 

23 of filing the petition and until the petition is ap24 proved, subject to a strike or lockout in the course 

25 of a labor dispute. 


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1 ‘‘(4) RECRUITMENT OF UNITED STATES WORK2 ERS.—The employer shall engage in the recruitment 

3 of United States workers as described in subsection 

4 (c) and shall hire such workers who are able, willing 

5 and qualified, and who will be available at the time 

6 and place needed, to perform the agricultural labor 

7 or services described in the petition. The employer 

8 may reject a United States worker only for lawful, 

9 job-related reasons. 

10 ‘‘(5) WAGES, BENEFITS, AND WORKING CONDI11 TIONS.—The employer shall offer and provide, at a 

12 minimum, the wages, benefits, and working condi13 tions required by this section to the H–2A worker 

14 and all workers who are similarly employed. The em15 ployer— 

16 ‘‘(A) shall offer such similarly employed 

17 workers not less than the same benefits, wages, 

18 and working conditions that the employer is of19 fering or will provide to the H–2A worker; and 

20 ‘‘(B) may not impose on such similarly em21 ployed workers any restrictions or obligations 

22 that will not be imposed on the H–2A worker. 

23 ‘‘(6) WORKERS’ COMPENSATION.—If the job op24 portunity is not covered by or is exempt from the 

25 State workers’ compensation law, the employer shall 


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1 provide, at no cost to the worker, insurance covering 

2 injury and disease arising out of, and in the course 

3 of, the worker’s employment which will provide bene4 fits at least equal to those provided under the State 

5 workers’ compensation law. 

6 ‘‘(7) COMPLIANCE WITH APPLICABLE LAWS.— 

7 The employer shall comply with all applicable Fed8 eral, State and local laws and regulations. 

9 ‘‘(8) COMPLIANCE WITH WORKER PROTEC10 TIONS.—The employer shall comply with section 204 

11 of the Affordable and Secure Food Act of 2022. 

12 ‘‘(9) COMPLIANCE WITH FOREIGN LABOR RE13 CRUITMENT LAWS.—The employer shall comply with 

14 subtitle C of title II of the Affordable and Secure 

15 Food Act of 2022. 

16 ‘‘(c) RECRUITING REQUIREMENTS.— 

17 ‘‘(1) IN GENERAL.—The employer may satisfy 

18 the recruitment requirement described in subsection 

19 (b)(4) by satisfying all of the following: 

20 ‘‘(A) JOB ORDER.—As provided in sub21 section (h)(1), the employer shall complete a 

22 job order for posting on the electronic job reg23 istry maintained by the Secretary of Labor and 

24 for distribution by the appropriate State work25 force agency. Such posting shall remain on the 


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1 job registry as an active job order through the 

2 period described in paragraph (2)(B). 

3 ‘‘(B) FORMER WORKERS.—At least 45 

4 days before each start date identified in the pe5 tition, the employer shall— 

6 ‘‘(i) make reasonable efforts to con7 tact any United States worker who the em8 ployer or agricultural producer for whom 

9 the employer is supplying labor employed 

10 in the previous year in the same occupa11 tion and area of intended employment for 

12 which an H–2A worker is sought (exclud13 ing workers who were terminated for cause 

14 or abandoned the worksite); and 

15 ‘‘(ii) post such job opportunity in a 

16 conspicuous location or locations at the 

17 place of employment. 

18 ‘‘(C) POSITIVE RECRUITMENT.—During 

19 the period of recruitment, the employer shall 

20 complete any other positive recruitment steps 

21 within a multi-State region of traditional or ex22 pected labor supply where the Secretary of 

23 Labor finds that there are a significant number 

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1 cruited, would be willing to make themselves 

2 available for work at the time and place needed. 

3 ‘‘(2) PERIOD OF RECRUITMENT.— 

4 ‘‘(A) IN GENERAL.—For purposes of this 

5 subsection, the period of recruitment begins on 

6 the date on which the job order is posted on the 

7 online job registry and ends on the date that 

8 H–2A workers depart for the employer’s place 

9 of employment. For a petition involving more 

10 than one start date under subsection (h)(1)(C), 

11 the end of the period of recruitment shall be de12 termined by the date of departure of the H–2A 

13 workers for the final start date identified in the 

14 petition. 

15 ‘‘(B) REQUIREMENT TO HIRE US WORK16 ERS.— 

17 ‘‘(i) IN GENERAL.—Notwithstanding 

18 the limitations of subparagraph (A), the 

19 employer will provide employment to any 

20 qualified United States worker who applies 

21 to the employer for any job opportunity in22 cluded in the petition until the later of— 

23 ‘‘(I) the date that is 30 days 

24 after the date on which work begins; 

25 or 


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1 ‘‘(II) the date on which— 

2 ‘‘(aa) 33 percent of the work 

3 contract for the job opportunity 

4 has elapsed; or 

5 ‘‘(bb) if the employer is a 

6 labor contractor, 50 percent of 

7 the work contract for the job op8 portunity has elapsed. 

9 ‘‘(ii) STAGGERED ENTRY.—For a peti10 tion involving more than one start date 

11 under subsection (h)(1)(C), each start date 

12 designated in the petition shall establish a 

13 separate job opportunity. An employer may 

14 not reject a United States worker because 

15 the worker is unable or unwilling to fill 

16 more than one job opportunity included in 

17 the petition. 

18 ‘‘(iii) EXCEPTION.—Notwithstanding 

19 clause (i), the employer may offer a job op20 portunity to an H–2A worker instead of an 

21 alien granted certified agricultural worker 

22 status under title I of the Affordable and 

23 Secure Food Act of 2022 if the H–2A 

24 worker was employed by the employer in 

25 each of 3 years during the 4-year period 


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1 immediately preceding the date of the en2 actment of such Act. 

3 ‘‘(3) RECRUITMENT REPORT.— 

4 ‘‘(A) IN GENERAL.—The employer shall 

5 maintain a recruitment report through the ap6 plicable period described in paragraph (2)(B) 

7 and submit regular updates through the elec8 tronic platform on the results of recruitment. 

9 The employer shall retain the recruitment re10 port, and all associated recruitment documenta11 tion, for a period of 3 years from the date of 

12 certification. 

13 ‘‘(B) BURDEN OF PROOF.—If the employer 

14 asserts that any eligible individual who has ap15 plied or been referred is not able, willing or 

16 qualified, the employer bears the burden of 

17 proof to establish that the individual is not able, 

18 willing or qualified because of a lawful, employ19 ment-related reason. 

20 ‘‘(d) WAGE REQUIREMENTS.— 

21 ‘‘(1) IN GENERAL.—Each employer under this 

22 section will offer the worker, during the period of 

23 authorized employment, wages that are at least the 

24 greatest of— 


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1 ‘‘(A) the agreed-upon collective bargaining 

2 wage; 

3 ‘‘(B) the adverse effect wage rate (or any 

4 successor wage established under paragraph 

5 (7)); 

6 ‘‘(C) the prevailing wage (hourly wage or 

7 piece rate); or 

8 ‘‘(D) the Federal or State minimum wage. 

9 ‘‘(2) ADVERSE EFFECT WAGE RATE DETER10 MINATIONS.— 

11 ‘‘(A) IN GENERAL.—Except as provided 

12 under subparagraph (B), the applicable adverse 

13 effect wage rate for each State and classifica14 tion for a calendar year shall be the annual av15 erage hourly gross wage for all hired agricul16 tural workers in the State, as reported by the 

17 Secretary of Agriculture and the Secretary of 

18 Labor based on a wage survey conducted by 

19 such secretaries under subparagraph (C). If 

20 such wage is not reported, the applicable wage 

21 shall be the State or regional annual gross aver22 age hourly wage for all hired agricultural work23 ers based on the Agricultural Labor Wage sur24 vey conducted pursuant to subparagraph (C). 


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1 ‘‘(B) LIMITATIONS ON WAGE FLUCTUA2 TIONS.— 

3 ‘‘(i) WAGE FREEZE FOR CALENDAR

4 YEAR 2023.—For calendar year 2023, the 

5 adverse effect wage rate for each State 

6 classification under this subsection shall be 

7 the adverse effect wage rate that was in ef8 fect for H–2A workers in the applicable 

9 State on the date of the introduction of the 

10 Affordable and Secure Food Act of 2022. 

11 ‘‘(ii) CALENDAR YEARS 2024 THROUGH

12 2034.—For each of calendar years 2024 

13 through 2034, the adverse effect wage rate 

14 for each State classification under this 

15 subsection shall be the wage calculated 

16 under subparagraph (A), except that such 

17 wage may not— 

18 ‘‘(I) be more than 1.25 percent 

19 lower than the wage in effect for H– 

20 2A workers in the applicable State 

21 classification in the immediately pre22 ceding calendar year; 

23 ‘‘(II) except as provided in clause 

24 (III), be more than 3 percent higher 

25 than the wage in effect for H–2A 


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1 workers in the applicable State classi2 fication in the immediately preceding 

3 calendar year; and 

4 ‘‘(III) if the application of clause 

5 (II) results in a wage that is lower 

6 than 110 percent of the applicable 

7 Federal or State minimum wage, be 

8 more than 4 percent higher than the 

9 wage in effect for H–2A workers in 

10 the applicable State classification in 

11 the immediately preceding calendar 

12 year. 

13 ‘‘(iii) CALENDAR YEARS AFTER

14 2034.—For any calendar year after 2034, 

15 the applicable wage rate described in para16 graph (1)(B) shall be the wage rate estab17 lished pursuant to paragraph (7)(D). Until 

18 such wage rate is effective, the adverse ef19 fect wage rate for each State classification 

20 under this subsection shall be the wage cal21 culated under subparagraph (A), except 

22 that such wage may not be more than 0.5 

23 percent lower or 3 percent higher than the 

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1 plicable State classification in the imme2 diately preceding calendar year. 

3 ‘‘(C) WAGE SURVEYS AND DATA.— 

4 ‘‘(i) AGRICULTURAL LABOR SUR5 VEY.—The Secretary of Labor, in carrying 

6 out the responsibilities in setting the ad7 verse effect wage rate under subparagraph 

8 (A), shall rely on statistically valid data 

9 from the Department of Agriculture Na10 tional Agricultural Statistics Service’s an11 nual findings from the Agricultural Labor 

12 Survey (commonly referred to as the 

13 ‘Farm Labor Survey’). 

14 ‘‘(ii) FORM; DATA.—The Secretary of 

15 Agriculture shall conduct the Agricultural 

16 Labor Survey in the form of a quarterly 

17 survey of the number of hired agricultural 

18 workers, the number of hours worked, and 

19 the total gross wages paid by type of work20 er, including field workers, livestock work21 ers, and supervisors or managers, 

22 disaggregated by occupational groups and 

23 other workers (who may be classified by 

24 the Standard Occupational Classification 

25 system). 


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1 ‘‘(iii) AUTHORIZATION OF APPROPRIA2 TIONS.—There is authorized to be appro3 priated to the Secretary of Agriculture and 

4 the Secretary of Labor, such sums as may 

5 be necessary for the purposes of carrying 

6 out this subsection. 

7 ‘‘(3) PUBLICATION; WAGES IN EFFECT.— 

8 ‘‘(A) PUBLICATION.—Before the first day 

9 of each calendar year, the Secretary of Labor 

10 shall publish the applicable adverse effect wage 

11 rate (or successor wage rate, if any), and pre12 vailing wage, if available, for each State and oc13 cupational classification through notice in the 

14 Federal Register. 

15 ‘‘(B) JOB ORDERS IN EFFECT.—Except as 

16 provided in subparagraph (C), publication by 

17 the Secretary of Labor of an updated adverse 

18 effect wage rate or prevailing wage for a State 

19 and occupational classification shall not affect 

20 the wage rate guaranteed in any approved job 

21 order for which work has commenced at the 

22 time of publication. 

23 ‘‘(C) EXCEPTION FOR YEAR-ROUND

24 JOBS.—If the Secretary of Labor publishes an 

25 updated adverse effect wage rate or prevailing 


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1 wage for a State and occupational classification 

2 concerning a petition described in subsection 

3 (i), and the updated wage is higher than the 

4 wage rate guaranteed in the work contract, the 

5 employer shall pay the updated wage not later 

6 than 14 days after publication of the updated 

7 wage in the Federal Register. 

8 ‘‘(4) PRODUCTIVITY STANDARD REQUIRE9 MENTS.—If an employer requires 1 or more min10 imum productivity standards as a condition of job 

11 retention, such standards shall be specified in the 

12 job order and shall be no more than those normally 

13 required (at the time of the first petition for H–2A 

14 workers) by other employers for the activity in the 

15 area of intended employment, unless the Secretary 

16 of Labor approves a higher minimum standard re17 sulting from material changes in production meth18 ods. 

19 ‘‘(5) GUARANTEE OF EMPLOYMENT.— 

20 ‘‘(A) OFFER TO WORKER.—The employer 

21 shall guarantee the worker employment for the 

22 hourly equivalent of at least 80 percent of the 

23 work days of the total period of employment, 

24 beginning with the first work day after the ar25 rival of the worker at the place of employment 


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1 and ending on the date specified in the job 

2 offer. For purposes of this subparagraph, the 

3 hourly equivalent means the number of hours in 

4 the work days as stated in the job offer and 

5 shall exclude the worker’s Sabbath and Federal 

6 holidays. If the employer affords the worker less 

7 employment than that required under this para8 graph, the employer shall pay the worker the 

9 amount which the worker would have earned 

10 had the worker, in fact, worked for the guaran11 teed number of hours. 

12 ‘‘(B) FAILURE TO WORK.—Any hours 

13 which the worker fails to work, up to a max14 imum of the number of hours specified in the 

15 job offer for a work day, when the worker has 

16 been offered an opportunity to do so, and all 

17 hours of work actually performed (including vol18 untary work in excess of the number of hours 

19 specified in the job offer in a work day, on the 

20 worker’s Sabbath, or on Federal holidays) may 

21 be counted by the employer in calculating 

22 whether the period of guaranteed employment 

23 has been met. 

24 ‘‘(C) ABANDONMENT OF EMPLOYMENT; 

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1 untarily abandons employment without good 

2 cause before the end of the contract period, or 

3 is terminated for cause, the worker is not enti4 tled to the guarantee of employment described 

5 in subparagraph (A). 

6 ‘‘(D) CONTRACT IMPOSSIBILITY.—If, be7 fore the expiration of the period of employment 

8 specified in the job offer, the services of the 

9 worker are no longer required for reasons be10 yond the control of the employer due to any 

11 form of natural disaster before the guarantee in 

12 subparagraph (A) is fulfilled, the employer may 

13 terminate the worker’s employment. In the 

14 event of such termination, the employer shall 

15 fulfill the employment guarantee in subpara16 graph (A) for the work days that have elapsed 

17 from the first work day after the arrival of the 

18 worker to the termination of employment. The 

19 employer shall make efforts to transfer a work20 er to other comparable employment acceptable 

21 to the worker. If such transfer is not effected, 

22 the employer shall provide the return transpor23 tation required in subsection (f)(2). 

24 ‘‘(6) WAGE STANDARDS AFTER 2034.— 


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1 ‘‘(A) STUDY OF ADVERSE EFFECT WAGE

2 RATE.—Beginning in fiscal year 2031, the Sec3 retary of Agriculture and the Secretary of 

4 Labor shall jointly conduct a study that ad5 dresses— 

6 ‘‘(i) whether the employment of H–2A 

7 workers has depressed the wages of United 

8 States farm workers; 

9 ‘‘(ii) whether an adverse effect wage 

10 rate is necessary to protect the wages of 

11 United States farm workers in occupations 

12 in which H–2A workers are employed; 

13 ‘‘(iii) whether alternative wage stand14 ards would be sufficient to prevent wages 

15 in occupations in which H–2A workers are 

16 employed from falling below the wage level 

17 that would have prevailed in the absence of 

18 H–2A employment; 

19 ‘‘(iv) whether any changes are war20 ranted in the current methodologies for 

21 calculating the adverse effect wage rate 

22 and the prevailing wage rate; and 

23 ‘‘(v) recommendations for future wage 

24 protection under this section. 


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1 ‘‘(B) FINAL REPORT.—Not later than Oc2 tober 1, 2032, the Secretary of Agriculture and 

3 the Secretary of Labor shall jointly prepare and 

4 submit a report to Congress setting forth the 

5 findings of the study conducted under subpara6 graph (A) and recommendations for future 

7 wage protections under this section. 

8 ‘‘(C) CONSULTATION.—In conducting the 

9 study under subparagraph (A) and preparing 

10 the report under subparagraph (B), the Sec11 retary of Agriculture and the Secretary of 

12 Labor shall consult with representatives of agri13 cultural employers and an equal number of rep14 resentatives of agricultural workers, at the na15 tional, State and local level. 

16 ‘‘(D) WAGE DETERMINATION AFTER

17 2034.—Upon publication of the report described 

18 in subparagraph (B), the Secretary of Labor, in 

19 consultation with the Secretary of Agriculture, 

20 shall make a rule to establish a process for an21 nually determining the wage rate for purposes 

22 of paragraph (1)(B) for fiscal years after 2034. 

23 Such process shall be designed to ensure that 

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1 dermine the wages and working conditions of 

2 similarly employed United States workers. 

3 ‘‘(e) HOUSING REQUIREMENTS.—Employers shall 

4 furnish housing in accordance with regulations established 

5 by the Secretary of Labor. Such regulations shall be con6 sistent with the following: 

7 ‘‘(1) IN GENERAL.—The employer shall be per8 mitted at the employer’s option to provide housing 

9 meeting applicable Federal standards for temporary 

10 labor camps or to secure housing which meets the 

11 local standards for rental and/or public accommoda12 tions or other substantially similar class of habi13 tation: Provided, That in the absence of applicable 

14 local standards, State standards for rental and/or 

15 public accommodations or other substantially similar 

16 class of habitation shall be met: Provided further, 

17 That in the absence of applicable local or State 

18 standards, Federal temporary labor camp standards 

19 shall apply. 

20 ‘‘(2) FAMILY HOUSING.—Except as otherwise 

21 provided in subsection (i)(5), the employer shall pro22 vide family housing to workers with families who re23 quest it when it is the prevailing practice in the area 

24 and occupation of intended employment to provide 

25 family housing. 


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1 ‘‘(3) UNITED STATES WORKERS.—Notwith2 standing paragraphs (1) and (2), an employer is not 

3 required to provide housing to United States work4 ers who are reasonably able to return to their resi5 dence within the same day. 

6 ‘‘(4) TIMING OF INSPECTION.— 

7 ‘‘(A) IN GENERAL.—The Secretary of 

8 Labor or designee shall make a determination 

9 as to whether the housing furnished by an em10 ployer for a worker meets the requirements im11 posed by this subsection prior to the date on 

12 which the Secretary of Labor is required to 

13 make a certification with respect to a petition 

14 for the admission of such worker. 

15 ‘‘(B) TIMELY INSPECTION.—The Secretary 

16 of Labor shall provide a process for— 

17 ‘‘(i) an employer to request inspection 

18 of housing up to 60 days before the date 

19 on which the employer will file a petition 

20 under this section; and 

21 ‘‘(ii) annual inspection of housing for 

22 workers who are engaged in agricultural 

23 employment that is not of a seasonal or 

24 temporary nature. 

25 ‘‘(f) TRANSPORTATION REQUIREMENTS.— 


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1 ‘‘(1) TRAVEL TO PLACE OF EMPLOYMENT.—A 

2 worker who completes 50 percent of the period of 

3 employment specified in the job order shall be reim4 bursed by the employer for the cost of the worker’s 

5 transportation and subsistence from the place from 

6 which the worker came to work for the employer (or 

7 place of last employment, if the worker traveled 

8 from such place) to the place of employment. 

9 ‘‘(2) TRAVEL FROM PLACE OF EMPLOYMENT.— 

10 For a worker who completes the period of employ11 ment specified in the job order or who is terminated 

12 without cause, the employer shall provide or pay for 

13 the worker’s transportation and subsistence from the 

14 place of employment to the place from which the 

15 worker, disregarding intervening employment, came 

16 to work for the employer, or to the place of next em17 ployment, if the worker has contracted with a subse18 quent employer who has not agreed to provide or 

19 pay for the worker’s transportation and subsistence 

20 to such subsequent employer’s place of employment. 

21 ‘‘(3) TRANSPORTATION BETWEEN LIVING QUAR22 TERS AND PLACE OF EMPLOYMENT.—The employer 

23 shall provide transportation for a worker between 

24 housing provided or secured by the employer and the 


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1 employer’s place of employment at no cost to the 

2 worker. 

3 ‘‘(4) LIMITATION.— 

4 ‘‘(A) AMOUNT OF REIMBURSEMENT.—Ex5 cept as provided in subparagraph (B), the 

6 amount of reimbursement provided under para7 graph (1) or (2) to a worker need not exceed 

8 the lesser of— 

9 ‘‘(i) the actual cost to the worker of 

10 the transportation and subsistence in11 volved; or 

12 ‘‘(ii) the most economical and reason13 able common carrier transportation 

14 charges and subsistence costs for the dis15 tance involved. 

16 ‘‘(B) DISTANCE TRAVELED.—For travel to 

17 or from the worker’s home country, if the travel 

18 distance between the worker’s home and the rel19 evant consulate is 50 miles or less, reimburse20 ment for transportation and subsistence may be 

21 based on transportation to or from the con22 sulate. 

23 ‘‘(g) HEAT ILLNESS PREVENTION PLAN.— 

24 ‘‘(1) IN GENERAL.—The employer shall main25 tain a reasonable plan that describes the employer’s 


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1 procedures for the prevention of heat illness, includ2 ing appropriate training, access to water and shade, 

3 the provision of breaks, and the protocols for emer4 gency response. Such plan shall— 

5 ‘‘(A) be in writing in English and, to the 

6 extent necessary, any language common to a 

7 significant portion of the workers if they are 

8 not fluent in English; and 

9 ‘‘(B) be posted at a conspicuous location at 

10 the worksite and provided to employees prior to 

11 the commencement of labor or services. 

12 ‘‘(2) CLARIFICATION.—Nothing in this sub13 section is intended to limit any other Federal or 

14 State authority to promulgate, enforce, or maintain 

15 health and safety standards related to heat-related 

16 illness. 

17 ‘‘(3) TEMPLATE.—Not later than 1 year after 

18 the date of the enactment of the Affordable and Se19 cure Food Act of 2022, the Secretary of Labor, act20 ing through the Assistant Secretary of Labor for Oc21 cupational Safety and Health, shall publish, on the 

22 website of the Occupational Safety and Health Ad23 ministration, a template for a Heat Illness Preven24 tion Plan, which employers could use, at their dis25 cretion, to help them develop such a plan. 


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1 ‘‘(h) H–2A PETITION PROCEDURES.— 

2 ‘‘(1) SUBMISSION OF PETITION AND JOB

3 ORDER.— 

4 ‘‘(A) IN GENERAL.—The employer shall 

5 submit information required for the adjudica6 tion of the H–2A petition, including a job 

7 order, through the electronic platform no more 

8 than 75 calendar days and no fewer than 60 

9 calendar days before the employer’s first date of 

10 need specified in the petition. 

11 ‘‘(B) FILING BY AGRICULTURAL ASSOCIA12 TIONS.—An association of agricultural pro13 ducers that use agricultural services may file an 

14 H–2A petition under subparagraph (A). If an 

15 association is a joint or sole employer of work16 ers, including agricultural cooperatives, who 

17 perform agricultural labor or services, H–2A 

18 workers may be used for the approved job op19 portunities of any of the association’s producer 

20 members and such workers may be transferred 

21 among its producer members to perform the ag22 ricultural labor or services for which the peti23 tion was approved. 

24 ‘‘(C) PETITIONS INVOLVING STAGGERED

25 ENTRY.— 


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1 ‘‘(i) IN GENERAL.—Except as pro2 vided in clause (ii), an employer may file 

3 a petition involving employment in the 

4 same occupational classification and same 

5 area of intended employment with multiple 

6 start dates if— 

7 ‘‘(I) the petition involves tem8 porary or seasonal employment and no 

9 more than 10 start dates; 

10 ‘‘(II) the multiple start dates 

11 share a common end date; 

12 ‘‘(III) no more than 120 days 

13 separate the first start date and the 

14 final start date listed in the petition; 

15 and 

16 ‘‘(IV) the need for multiple start 

17 dates arises from variations in labor 

18 needs associated with the job oppor19 tunity identified in the petition. 

20 ‘‘(ii) LABOR CONTRACTORS.—A labor 

21 contractor may not file a petition described 

22 in clause (i). 

23 ‘‘(2) LABOR CERTIFICATION.— 

24 ‘‘(A) REVIEW OF JOB ORDER.— 


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1 ‘‘(i) IN GENERAL.—The Secretary of 

2 Labor, in consultation with the relevant 

3 State workforce agency, shall review the 

4 job order for compliance with this section 

5 and notify the employer through the elec6 tronic platform of any deficiencies not later 

7 than 7 business days from the date the 

8 employer submits the necessary informa9 tion required under paragraph (1)(A). The 

10 employer shall be provided 5 business days 

11 to respond to any such notice of deficiency. 

12 ‘‘(ii) STANDARD.—The job order must 

13 include all material terms and conditions 

14 of employment, including the requirements 

15 of this section, and must be otherwise con16 sistent with the minimum standards pro17 vided under Federal, State or local law. In 

18 considering the question of whether a spe19 cific qualification is appropriate in a job 

20 order, the Secretary of Labor shall apply 

21 the normal and accepted qualification re22 quired by non-H–2A employers in the 

23 same or comparable occupations and crops. 

24 ‘‘(iii) EMERGENCY PROCEDURES.— 

25 The Secretary of Labor shall establish 


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1 emergency procedures for the curing of de2 ficiencies that cannot be resolved during 

3 the period described in clause (i). 

4 ‘‘(B) APPROVAL OF JOB ORDER.— 

5 ‘‘(i) IN GENERAL.—Upon approval of 

6 the job order, the Secretary of Labor shall 

7 immediately place for public examination a 

8 copy of the job order on the online job reg9 istry, and the State workforce agency serv10 ing the area of intended employment shall 

11 commence the recruitment of United 

12 States workers. 

13 ‘‘(ii) REFERRAL OF UNITED STATES

14 WORKERS.—The Secretary of Labor and 

15 State workforce agency shall keep the job 

16 order active until the end of the period de17 scribed in subsection (c)(2) and shall refer 

18 to the employer each United States worker 

19 who applies for the job opportunity. 

20 ‘‘(C) REVIEW OF INFORMATION FOR DEFI21 CIENCIES.—Not later than 7 business days 

22 after the approval of the job order, the Sec23 retary of Labor shall review the information 

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1 form if such information does not meet the 

2 standards for approval. Such notification shall 

3 include a description of any deficiency, and the 

4 employer shall be provided 5 business days to 

5 cure such deficiency. 

6 ‘‘(D) CERTIFICATION AND AUTHORIZATION

7 OF WORKERS.—Not later than 30 days before 

8 the date that labor or services are first required 

9 to be performed, the Secretary of Labor shall 

10 issue the requested labor certification if the 

11 Secretary determines that the requirements set 

12 forth in this section have been met. 

13 ‘‘(E) EXPEDITED ADMINISTRATIVE AP14 PEALS OF CERTAIN DETERMINATIONS.—The 

15 Secretary of Labor shall by regulation establish 

16 a procedure for an employer to request the ex17 pedited review of a denial of a labor certifi18 cation under this section, or the revocation of 

19 such a certification. Such procedure shall re20 quire the Secretary to expeditiously, but no 

21 later than 72 hours after expedited review is re22 quested, issue a de novo determination on a 

23 labor certification that was denied in whole or 

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1 onstrates, consistent with subsection (c)(3)(B), 

2 that such workers are not actually available at 

3 the time or place such labor or services are re4 quired. 

5 ‘‘(3) PETITION DECISION.— 

6 ‘‘(A) IN GENERAL.—Not later than 7 busi7 ness days after the Secretary of Labor issues 

8 the certification, the Secretary of Homeland Se9 curity shall issue a decision on the petition and 

10 shall transmit a notice of action to the peti11 tioner via the electronic platform. 

12 ‘‘(B) APPROVAL.—Upon approval of a pe13 tition under this section, the Secretary of 

14 Homeland Security shall ensure that such ap15 proval is noted in the electronic platform and is 

16 available to the Secretary of State and U.S. 

17 Customs and Border Protection, as necessary, 

18 to facilitate visa issuance and admission. 

19 ‘‘(C) PARTIAL APPROVAL.—A petition for 

20 multiple named beneficiaries may be partially 

21 approved with respect to eligible beneficiaries 

22 notwithstanding the ineligibility, or potential in23 eligibility, of one or more other beneficiaries. 

24 ‘‘(D) POST-CERTIFICATION AMEND25 MENTS.—The Secretary of Labor shall provide 


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1 a process for amending a request for labor cer2 tification in conjunction with an H–2A petition, 

3 subsequent to certification by the Secretary of 

4 Labor, in cases in which the requested amend5 ment does not materially change the petition 

6 (including the job order). 

7 ‘‘(4) ROLES OF AGRICULTURAL ASSOCIA8 TIONS.— 

9 ‘‘(A) MEMBER’S VIOLATION DOES NOT

10 NECESSARILY DISQUALIFY ASSOCIATION OR

11 OTHER MEMBERS.—If an individual producer 

12 member of a joint employer association is deter13 mined to have committed an act that results in 

14 the denial of a petition with respect to the 

15 member, the denial shall apply only to that 

16 member of the association unless the Secretary 

17 of Labor determines that the association or 

18 other member participated in, had knowledge 

19 of, or reason to know of, the violation. 

20 ‘‘(B) ASSOCIATION’S VIOLATION DOES NOT

21 NECESSARILY DISQUALIFY MEMBERS.— 

22 ‘‘(i) If an association representing ag23 ricultural producers as a joint employer is 

24 determined to have committed an act that 

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1 spect to the association, the denial shall 

2 apply only to the association and does not 

3 apply to any individual producer member 

4 of the association unless the Secretary of 

5 Labor determines that the member partici6 pated in, had knowledge of, or reason to 

7 know of, the violation. 

8 ‘‘(ii) If an association of agricultural 

9 producers certified as a sole employer is 

10 determined to have committed an act that 

11 results in the denial of a petition with re12 spect to the association, no individual pro13 ducer member of such association may be 

14 the beneficiary of the services of H–2A 

15 workers in the commodity and occupation 

16 in which such aliens were employed by the 

17 association which was denied during the 

18 period such denial is in force, unless such 

19 producer member employs such aliens in 

20 the commodity and occupation in question 

21 directly or through an association which is 

22 a joint employer of such workers with the 

23 producer member. 

24 ‘‘(5) SPECIAL PROCEDURES.—For occupations 

25 with established special procedures that were in 


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1 place on the date of the enactment of the Affordable 

2 and Secure Food Act of 2022, the Secretary of 

3 Labor, in consultation with the Secretary of Agri4 culture and Secretary of Homeland Security, may by 

5 regulation establish alternate procedures that rea6 sonably modify program requirements under this 

7 section, when the Secretary determines that such 

8 modifications are required due to the unique nature 

9 of the work involved. 

10 ‘‘(6) CONSTRUCTION OCCUPATIONS.—An em11 ployer may not file a petition under this section on 

12 behalf of a worker if the majority of the worker’s 

13 duties will fall within a construction or extraction oc14 cupational classification. 

15 ‘‘(i) NON-TEMPORARY OR NON-SEASONAL NEEDS.— 

16 ‘‘(1) IN GENERAL.—Notwithstanding the re17 quirement under section 101(a)(15)(H)(ii)(a) that 

18 the agricultural labor or services performed by an 

19 H–2A worker be of a temporary or seasonal nature, 

20 the Secretary of Homeland Security may, consistent 

21 with the provisions of this subsection, approve a pe22 tition from a fixed site farm employer for an H–2A 

23 worker to perform agricultural services or labor that 

24 is not of a temporary or seasonal nature. 

25 ‘‘(2) NUMERICAL LIMITATIONS.— 


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1 ‘‘(A) FIRST 3 FISCAL YEARS.—The total 

2 number of aliens who may be issued visas or 

3 otherwise provided H–2A nonimmigrant status 

4 under paragraph (1) for the first fiscal year 

5 during which the first visa is issued under such 

6 paragraph and for each of the following 2 fiscal 

7 years may not exceed 26,000. 

8 ‘‘(B) FISCAL YEARS 4 THROUGH 10.— 

9 ‘‘(i) IN GENERAL.—The total number 

10 of aliens who may be issued visas or other11 wise provided H–2A nonimmigrant status 

12 under paragraph (1) for the first fiscal 

13 year following the fiscal years referred to 

14 in subparagraph (A) and for each of the 

15 following 6 fiscal years may not exceed a 

16 numerical limitation jointly imposed by the 

17 Secretary of Agriculture and Secretary of 

18 Labor in accordance with clause (ii). 

19 ‘‘(ii) ANNUAL ADJUSTMENTS.—For 

20 each fiscal year referred to in clause (i), 

21 the Secretary of Agriculture and the Sec22 retary of Labor, in consultation with the 

23 Secretary of Homeland Security, shall es24 tablish the numerical limitation referred to 

25 in clause (i). Such numerical limitation 


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1 may not be lower than 26,000 and may 

2 not vary by more than 15 percent com3 pared to the numerical limitation applica4 ble to the immediately preceding fiscal 

5 year. In establishing such numerical limita6 tion, the Secretaries shall consider appro7 priate factors, including— 

8 ‘‘(I) a demonstrated shortage of 

9 agricultural workers; 

10 ‘‘(II) the level of unemployment 

11 and underemployment of agricultural 

12 workers during the preceding fiscal 

13 year; 

14 ‘‘(III) the number of H–2A work15 ers sought by employers, including the 

16 number of petitions filed for H–2A 

17 workers during the preceding fiscal 

18 year to engage in agricultural labor or 

19 services not of a temporary or sea20 sonal nature; 

21 ‘‘(IV) the number of such H–2A 

22 workers issued a visa in the most re23 cent fiscal year who remain in the 

24 United States in compliance with the 

25 terms of such visa; 


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1 ‘‘(V) the estimated number of 

2 United States workers, including 

3 workers who obtained certified agri4 cultural worker status under title I of 

5 the Affordable and Secure Food Act 

6 of 2022, who worked during the pre7 ceding fiscal year in agricultural labor 

8 or services not of a temporary or sea9 sonal nature; 

10 ‘‘(VI) the number of such United 

11 States workers who accepted jobs of12 fered by employers using the online 

13 job registry during the preceding fis14 cal year; 

15 ‘‘(VII) any growth or contraction 

16 of the United States agricultural in17 dustry that has increased or decreased 

18 the demand for agricultural workers; 

19 and 

20 ‘‘(VIII) any changes in the real 

21 wages paid to agricultural workers in 

22 the United States as an indication of 

23 a shortage or surplus of agricultural 

24 labor. 


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1 ‘‘(iii) ANNUAL REPORT.—The Sec2 retary of Agriculture and the Secretary of 

3 Labor shall submit an annual report con4 taining the information described in clause 

5 (ii) to— 

6 ‘‘(I) the Committee on Agri7 culture, Nutrition, and Forestry of 

8 the Senate; 

9 ‘‘(II) the Committee on Health, 

10 Education, Labor, and Pensions of 

11 the Senate; 

12 ‘‘(III) the Committee on Home13 land Security and Governmental Af14 fairs of the Senate; 

15 ‘‘(IV) the Committee on the Ju16 diciary of the Senate; 

17 ‘‘(V) the Committee on Agri18 culture of the House of Representa19 tives; 

20 ‘‘(VI) the Committee on Edu21 cation and Labor of the House of 

22 Representatives; 

23 ‘‘(VII) the Committee on Home24 land Security of the House of Rep25 resentatives; and 


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1 ‘‘(VIII) the Committee on the 

2 Judiciary of the House of Representa3 tives. 

4 ‘‘(C) SUBSEQUENT FISCAL YEARS.—For 

5 each of the fiscal years following the fiscal 

6 years referred to in subparagraph (B), the Sec7 retary of Agriculture and the Secretary of 

8 Labor, in consultation with the Secretary of 

9 Homeland Security, shall jointly determine, 

10 after considering appropriate factors, including 

11 the factors listed in subclauses (I) through 

12 (VIII) of subparagraph (B)(ii), whether to es13 tablish or to no longer maintain a numerical 

14 limitation for such fiscal year. If a numerical 

15 limitation is established for such fiscal year— 

16 ‘‘(i) such numerical limitation may 

17 not be lower than the number of aliens ad18 mitted under this subsection during the 

19 fiscal year immediately preceding the fiscal 

20 year for which the numerical limitation is 

21 to be established; and 

22 ‘‘(ii) the total number of aliens who 

23 may be issued visas or otherwise provided 

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1 graph (1) for that fiscal year may not ex2 ceed such numerical limitation. 

3 ‘‘(D) AUTOMATIC ADJUSTMENT FOR SIG4 NIFICANT LABOR SHORTAGES.—Not later than 

5 the last day of the third fiscal year during 

6 which the first visa is issued under paragraph 

7 (1), the Secretary of Agriculture and the Sec8 retary of Labor, in consultation with the Sec9 retary of Homeland Security, shall jointly es10 tablish, by regulation, procedures for imme11 diately adjusting a numerical limitation imposed 

12 under subparagraph (B) or (C) to account for 

13 significant labor shortages. Such regulations 

14 shall take into account the factors set forth in 

15 subparagraph (B)(ii). 

16 ‘‘(3) ALLOCATION OF VISAS.— 

17 ‘‘(A) BI-ANNUAL ALLOCATION.—The an18 nual allocation of visas described in paragraph 

19 (2) shall be evenly allocated between two halves 

20 of the fiscal year unless the Secretary of Home21 land Security, in consultation with the Sec22 retary of Agriculture and Secretary of Labor, 

23 determines that an alternative allocation would 

24 better accommodate demand for visas. Any un25 used visas in the first half of the fiscal year 


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1 shall be added to the allocation for the subse2 quent half of the same fiscal year. 

3 ‘‘(B) RESERVE FOR DAIRY LABOR OR

4 SERVICES.— 

5 ‘‘(i) IN GENERAL.—Of the visa num6 bers made available in each half of the fis7 cal year pursuant to subparagraph (A), 50 

8 percent of such visas shall be reserved for 

9 employers filing petitions seeking H–2A 

10 workers to engage in agricultural labor or 

11 services in the dairy industry. 

12 ‘‘(ii) EXCEPTION.—If, after 4 months 

13 have elapsed in one half of the fiscal year, 

14 the Secretary of Homeland Security deter15 mines that application of clause (i) will re16 sult in visas going unused during that half 

17 of the fiscal year, clause (i) shall not apply 

18 to visas under this paragraph during the 

19 remainder of such calendar half. 

20 ‘‘(C) RESERVE FOR SMALL FARMER LABOR

21 OR SERVICES.— 

22 ‘‘(i) IN GENERAL.—Except as pro23 vided in clause (ii), of the visas made avail24 able during each 6 month period of a fiscal 

25 year pursuant to subparagraph (A), 20 


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1 percent shall be reserved for employers (ex2 cluding employers eligible for a reserve 

3 under subparagraph (B)) with fewer than 

4 50 domestic employees that file a petition 

5 seeking H–2A workers to engage in agri6 cultural labor or services. 

7 ‘‘(ii) EXCEPTION.—If, after 4 months 

have elapsed in 1 8 ⁄2 of the fiscal year, the 

9 Secretary of Homeland Security deter10 mines that the application of clause (i) will 

11 result in visas going unused during that 6- 

12 month period, clause (i) shall not apply to 

13 visas under this paragraph during the re14 mainder of such 6-month period. 

15 ‘‘(D) LIMITED ALLOCATION FOR CERTAIN

16 SPECIAL PROCEDURES INDUSTRIES.— 

17 ‘‘(i) IN GENERAL.—Notwithstanding 

18 the numerical limitations under paragraph 

19 (2), up to 550 aliens may be issued visas 

20 or otherwise provided H–2A nonimmigrant 

21 status under paragraph (1) in a fiscal year 

22 for range sheep or goat herding. 

23 ‘‘(ii) LIMITATION.—The total number 

24 of aliens in the United States in valid H– 


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1 2A status under clause (i) at any one time 

2 may not exceed 550. 

3 ‘‘(iii) CLARIFICATION.—Any visas 

4 issued under this subparagraph may not be 

5 considered for purposes of the annual ad6 justments under subparagraphs (B) and 

7 (C) of paragraph (2). 

8 ‘‘(4) ANNUAL ROUND TRIP HOME.— 

9 ‘‘(A) IN GENERAL.—In addition to the 

10 other requirements of this section, an employer 

11 shall provide H–2A workers employed under 

12 this subsection, at no cost to such workers, with 

13 annual round trip travel, including transpor14 tation and subsistence during travel, to their 

15 homes in their communities of origin. The em16 ployer must provide such travel within 14 

17 months of the initiation of the worker’s employ18 ment, and no more than 14 months can elapse 

19 between each required period of travel. 

20 ‘‘(B) LIMITATION.—The cost of travel 

21 under subparagraph (A) need not exceed the 

22 lesser of— 

23 ‘‘(i) the actual cost to the worker of 

24 the transportation and subsistence in25 volved; or 


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1 ‘‘(ii) the most economical and reason2 able common carrier transportation 

3 charges and subsistence costs for the dis4 tance involved. 

5 ‘‘(5) FAMILY HOUSING.—An employer seeking 

6 to employ an H–2A worker pursuant to this sub7 section shall offer family housing to workers with 

8 families if such workers are engaged in agricultural 

9 employment that is not of a seasonal or temporary 

10 nature. The worker may reject such an offer. The 

11 employer may not charge the worker for the work12 er’s housing, except that if the worker accepts family 

13 housing, a prorated rent based on the fair market 

14 value for such housing may be charged for the work15 er’s family members. 

16 ‘‘(6) WORKPLACE SAFETY PLAN FOR YEAR17 ROUND EMPLOYEES.— 

18 ‘‘(A) IN GENERAL.—If an employer is 

19 seeking to employ a worker in agricultural labor 

20 or services pursuant to this subsection, the em21 ployer shall report all work-related incidents in 

22 accordance with the requirements under section 

23 1904.39 of title 29, Code of Federal Regula24 tions, and maintain an effective worksite safety 

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1 dents and otherwise ensure safety. Such plan 

2 shall— 

3 ‘‘(i) be in writing in English and, to 

4 the extent necessary, any language com5 mon to a significant portion of the workers 

6 if they are not fluent in English; and 

7 ‘‘(ii) be posted at a conspicuous loca8 tion at the worksite and provided to em9 ployees prior to the commencement of 

10 labor or services. 

11 ‘‘(B) CONTENTS OF PLAN.—The Secretary 

12 of Labor, in consultation with the Secretary of 

13 Agriculture, shall establish by regulation the 

14 minimum requirements for the plan described 

15 in subparagraph (A). Such plan shall include 

16 measures to— 

17 ‘‘(i) require workers (other than the 

18 employer’s family members) whose posi19 tions require contact with animals to com20 plete animal care training, including ani21 mal handling and job-specific animal care; 

22 ‘‘(ii) protect against sexual harass23 ment and violence, resolve complaints in24 volving harassment or violence, and protect 


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1 against retaliation against workers report2 ing harassment or violence; and 

3 ‘‘(iii) contain other provisions nec4 essary for ensuring workplace safety, as 

5 determined by the Secretary of Labor, in 

6 consultation with the Secretary of Agri7 culture. 

8 ‘‘(C) CLARIFICATION.—Nothing in this 

9 paragraph is intended— 

10 ‘‘(i) to apply to persons or entities 

11 that are not seeking to employ workers 

12 under this section; or 

13 ‘‘(ii) to limit any other Federal or 

14 State authority to promulgate, enforce, or 

15 maintain health and safety standards re16 lated to the dairy industry. 

17 ‘‘(j) ELIGIBILITY FOR H–2A STATUS AND ADMISSION

18 TO THE UNITED STATES.— 

19 ‘‘(1) DISQUALIFICATION.—An alien shall be in20 eligible for admission to the United States as an H– 

21 2A worker pursuant to a petition filed under this 

22 section if the alien was admitted to the United 

23 States as an H–2A worker within the past 5 years 

24 of the date the petition was filed and— 


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1 ‘‘(A) violated a material provision of this 

2 section, including the requirement to promptly 

3 depart the United States when the alien’s au4 thorized period of admission has expired, unless 

5 the alien has good cause for such failure to de6 part; or 

7 ‘‘(B) otherwise violated a term or condition 

8 of admission into the United States as an H– 

9 2A worker. 

10 ‘‘(2) VISA VALIDITY.—A visa issued to an H– 

11 2A worker shall be valid for 3 years and shall allow 

12 for multiple entries during the approved period of 

13 admission. 

14 ‘‘(3) PERIOD OF AUTHORIZED STAY; ADMIS15 SION.— 

16 ‘‘(A) IN GENERAL.—An alien admissible as 

17 an H–2A worker shall be authorized to stay in 

18 the United States for the period of employment 

19 specified in the petition approved by the Sec20 retary of Homeland Security under this section. 

21 The maximum continuous period of authorized 

22 stay for an H–2A worker is 36 months. 

23 ‘‘(B) REQUIREMENT TO REMAIN OUTSIDE

24 THE UNITED STATES.—In the case of an H–2A 

25 worker whose maximum continuous period of 


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•S 5282 IS

1 authorized stay (including any extensions) has 

2 expired, the alien may not again be eligible for 

3 such stay until the alien remains outside the 

4 United States for a cumulative period of at 

5 least 45 days. 

6 ‘‘(C) EXCEPTIONS.—The Secretary of 

7 Homeland Security shall deduct absences from 

8 the United States that take place during an H– 

9 2A worker’s period of authorized stay from the 

10 period that the alien is required to remain out11 side the United States under subparagraph (B), 

12 if the alien or the alien’s employer requests 

13 such a deduction, and provides clear and con14 vincing proof that the alien qualifies for such a 

15 deduction. Such proof shall consist of evidence 

16 including, but not limited to, arrival and depar17 ture records, copies of tax returns, and records 

18 of employment abroad. 

19 ‘‘(D) ADMISSION.—In addition to the max20 imum continuous period of authorized stay, an 

21 H–2A worker’s authorized period of admission 

22 shall include an additional period of 10 days 

23 prior to the beginning of the period of employ24 ment for the purpose of traveling to the place 

25 of employment and 45 days at the end of the 


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1 period of employment for the purpose of trav2 eling home or seeking an extension of status 

3 based on a subsequent offer of employment if 

4 the worker has not reached the maximum con5 tinuous period of authorized stay under sub6 paragraph (A) (subject to the exceptions in sub7 paragraph (C)). 

8 ‘‘(4) CONTINUING H–2A WORKERS.— 

9 ‘‘(A) SUCCESSIVE EMPLOYMENT.—An H– 

10 2A worker is authorized to start new or concur11 rent employment upon the filing of a nonfrivo12 lous H–2A petition, or as of the requested start 

13 date, whichever is later if— 

14 ‘‘(i) the petition to start new or con15 current employment was filed prior to the 

16 expiration of the H–2A worker’s period of 

17 admission as defined in paragraph (3)(D); 

18 and 

19 ‘‘(ii) the H–2A worker has not been 

20 employed without authorization in the 

21 United States from the time of last admis22 sion to the United States in H–2A status 

23 through the filing of the petition for new 

24 employment. 


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1 ‘‘(B) PROTECTION DUE TO IMMIGRANT

2 VISA BACKLOGS.—Notwithstanding the limita3 tions on the period of authorized stay described 

4 in paragraph (3), any H–2A worker who— 

5 ‘‘(i) is the beneficiary of an approved 

6 petition, filed under section 204(a)(1)(E) 

7 or (F) for preference status under section 

8 203(b)(3)(A)(iii); and 

9 ‘‘(ii) is eligible to be granted such sta10 tus but for the annual limitations on visas 

11 under section 203(b)(3)(A), 

12 may apply for, and the Secretary of Homeland 

13 Security may grant, an extension of such non14 immigrant status until the Secretary of Home15 land Security issues a final administrative deci16 sion on the alien’s application for adjustment of 

17 status or the Secretary of State issues a final 

18 decision on the alien’s application for an immi19 grant visa. 

20 ‘‘(5) ABANDONMENT OF EMPLOYMENT.— 

21 ‘‘(A) IN GENERAL.—Except as provided in 

22 subparagraph (B), an H–2A worker who aban23 dons the employment which was the basis for 

24 the worker’s authorized stay, without good 

25 cause, shall be considered to have failed to 


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1 maintain H–2A status and shall depart the 

2 United States or be subject to removal under 

3 section 237(a)(1)(C)(i). 

4 ‘‘(B) GRACE PERIOD TO SECURE NEW EM5 PLOYMENT.—An H–2A worker shall not be con6 sidered to have failed to maintain H–2A status 

7 solely on the basis of a cessation of the employ8 ment on which the alien’s classification was 

9 based for a period of 45 consecutive days, or 

10 until the end of the authorized validity period, 

11 whichever is shorter, once during each author12 ized validity period. 

13 ‘‘(k) REQUIRED DISCLOSURES.— 

14 ‘‘(1) DISCLOSURE OF WORK CONTRACT.—Not 

15 later than the time at which an H–2A worker ap16 plies for a visa, or not later than the date on which 

17 work commences for a worker in corresponding em18 ployment, the employer shall provide such worker 

19 with a copy of the work contract, which shall include 

20 all of the provisions under this section, or, in the ab21 sence of such a contract, a copy of the job order and 

22 the certification described in subparagraphs (B) and 

23 (D) of subsection (h)(2), which shall be deemed to 

24 be the work contract. An H–2A worker moving from 

25 one H–2A employer to a subsequent H–2A employer 


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1 shall be provided with a copy of the new employment 

2 contract no later than the time at which an offer of 

3 employment is made by the subsequent employer. 

4 ‘‘(2) HOURS AND EARNINGS STATEMENTS.— 

5 The employer shall furnish to H–2A workers, on or 

6 before each payday, in one or more written state7 ments— 

8 ‘‘(A) the H–2A worker’s total earnings for 

9 the pay period; 

10 ‘‘(B) the H–2A worker’s hourly rate of 

11 pay, piece rate of pay, or both; 

12 ‘‘(C) the hours of employment offered to 

13 the H–2A worker and the hours of employment 

14 actually worked by the H–2A worker; 

15 ‘‘(D) if piece rates of pay are used, the 

16 units produced daily by the H–2A worker; 

17 ‘‘(E) an itemization of the deductions 

18 made from the H–2A worker’s wages; and 

19 ‘‘(F) any other information required by 

20 Federal, State or local law. 

21 ‘‘(3) NOTICE OF WORKER RIGHTS.—The em22 ployer shall post and maintain, in a conspicuous lo23 cation at the place of employment, a poster provided 

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1 cant portion of the workers if they are not fluent in 

2 English, which sets out the rights and protections 

3 for workers employed pursuant to this section. 

4 ‘‘(l) LABOR CONTRACTORS; FOREIGN LABOR RE5 CRUITERS; PROHIBITION ON FEES.— 

6 ‘‘(1) LABOR CONTRACTORS.— 

7 ‘‘(A) SURETY BOND.—An employer that is 

8 a labor contractor who seeks to employ H–2A 

9 workers shall maintain a surety bond in an 

10 amount required under subparagraph (B). Such 

11 bond shall be payable to the Secretary of Labor 

12 or pursuant to the resolution of a civil or crimi13 nal proceeding, for the payment of wages and 

14 benefits, including any assessment of interest, 

15 owed to an H–2A worker or a similarly em16 ployed worker, or a worker who has been re17 jected or displaced in violation of this section. 

18 ‘‘(B) AMOUNT OF BOND.—The Secretary 

19 of Labor shall annually publish in the Federal 

20 Register a schedule of required bond amounts 

21 that are determined by such Secretary to be 

22 sufficient for labor contractors to discharge fi23 nancial obligations under this section based on 

24 the number of workers the labor contractor 


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1 seeks to employ and the wages such workers are 

2 required to be paid. 

3 ‘‘(C) USE OF FUNDS.—Any sums paid to 

4 the Secretary under subparagraph (A) that are 

5 not paid to a worker because of the inability to 

6 do so within a period of 5 years following the 

7 date of a violation giving rise to the obligation 

8 to pay shall remain available to the Secretary 

9 without further appropriation until expended to 

10 support the enforcement of this section. 

11 ‘‘(2) FOREIGN LABOR RECRUITING.—If the em12 ployer has retained the services of a foreign labor re13 cruiter, the employer shall use a foreign labor re14 cruiter registered under section 251 of the Afford15 able and Secure Food Act of 2022. 

16 ‘‘(3) PROHIBITION AGAINST EMPLOYEES PAY17 ING FEES.—Neither the employer nor its agents 

18 shall seek or receive payment of any kind from any 

19 worker for any activity related to the H–2A process, 

20 including payment of the employer’s attorneys’ fees, 

21 application fees, or recruitment costs. An employer 

22 and its agents may receive reimbursement for costs 

23 that are the responsibility and primarily for the ben24 efit of the worker, such as government-required 

25 passport fees. 


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1 ‘‘(4) THIRD PARTY CONTRACTS.—The contract 

2 between an employer and any labor contractor or 

3 any foreign labor recruiter (or any agent of such 

4 labor contractor or foreign labor recruiter) whom the 

5 employer engages shall include a term providing for 

6 the termination of such contract for cause if the con7 tractor or recruiter, either directly or indirectly, in 

8 the placement or recruitment of H–2A workers seeks 

9 or receives payments or other compensation from 

10 prospective employees. Upon learning that a labor 

11 contractor or foreign labor recruiter has sought or 

12 collected such payments, the employer shall so termi13 nate any contracts with such contractor or recruiter. 

14 ‘‘(m) ENFORCEMENT AUTHORITY.— 

15 ‘‘(1) IN GENERAL.—The Secretary of Labor is 

16 authorized to take such actions against employers, 

17 including issuing subpoenas, imposing appropriate 

18 penalties, and seeking monetary and injunctive relief 

19 and specific performance of contractual obligations, 

20 as may be necessary to ensure compliance with the 

21 requirements of this section and with the applicable 

22 terms and conditions of employment. The Solicitor 

23 of Labor may appear on behalf of and represent the 

24 Secretary of Labor in any civil litigation brought 

25 under this chapter, but all such litigation shall be 


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1 subject to the direction and control of the Attorney 

2 General. 

3 ‘‘(2) COMPLAINT PROCESS.— 

4 ‘‘(A) PROCESS.—The Secretary of Labor 

5 shall establish a process for the receipt, inves6 tigation, and disposition of complaints alleging 

7 failure of an employer to comply with the re8 quirements under this section and with the ap9 plicable terms and conditions of employment. 

10 ‘‘(B) FILING.—A complaint referred to in 

11 subparagraph (A) may be filed not later than 2 

12 years after the date of the conduct that is the 

13 subject of the complaint. 

14 ‘‘(C) COMPLAINT NOT EXCLUSIVE.—A 

15 complaint filed under this paragraph is not an 

16 exclusive remedy and the filing of such a com17 plaint does not waive any rights or remedies of 

18 the aggrieved party under this law or other 

19 laws. 

20 ‘‘(D) DECISION AND REMEDIES.—If the 

21 Secretary of Labor finds, after notice and op22 portunity for a hearing, that the employer failed 

23 to comply with the requirements of this section 

24 or the terms and conditions of employment, the 

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1 paid wages, unpaid benefits, fees assessed in 

2 violation of this section, damages, and civil 

3 money penalties. The Secretary is also author4 ized to impose other administrative remedies, 

5 including disqualification of the employer from 

6 utilizing the H–2A program for a period of up 

7 to 5 years in the event of willful or multiple 

8 material violations. The Secretary is authorized 

9 to permanently disqualify an employer from uti10 lizing the H–2A program upon a subsequent 

11 finding involving willful or multiple material 

12 violations. 

13 ‘‘(E) DISPOSITION OF PENALTIES.—Civil 

14 penalties collected under this paragraph shall be 

15 deposited into the H–2A Labor Certification 

16 Fee Account established under section 203 of 

17 the Affordable and Secure Food Act of 2022. 

18 ‘‘(3) STATUTORY CONSTRUCTION.—Nothing in 

19 this subsection may be construed as limiting the au20 thority of the Secretary of Labor to conduct an in21 vestigation— 

22 ‘‘(A) under any other law, including any 

23 law affecting migrant and seasonal agricultural 

24 workers; or 

25 ‘‘(B) in the absence of a complaint. 


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1 ‘‘(4) RETALIATION PROHIBITED.—It is a viola2 tion of this subsection for any person to intimidate, 

3 threaten, restrain, coerce, blacklist, discharge, or in 

4 any other manner discriminate against, or to cause 

5 any person to intimidate, threaten, restrain, coerce, 

6 blacklist, or in any manner discriminate against, an 

7 employee, including a former employee or an appli8 cant for employment, because the employee— 

9 ‘‘(A) has disclosed information to the em10 ployer, or to any other person, that the em11 ployee reasonably believes evidences a violation 

12 under this section, or any rule or regulation re13 lating to this section; 

14 ‘‘(B) has filed a complaint concerning the 

15 employer’s compliance with the requirements 

16 under this section or any rule or regulation per17 taining to this section; 

18 ‘‘(C) cooperates or seeks to cooperate in an 

19 investigation or other proceeding concerning the 

20 employer’s compliance with the requirements 

21 under this section or any rule or regulation per22 taining to this section; or 

23 ‘‘(D) has taken steps to exercise or assert 

24 any right or protection under the provisions of 

25 this section, or any rule or regulation pertaining 


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1 to this section, or any other relevant Federal, 

2 State, or local law. 

3 ‘‘(5) INTERAGENCY COMMUNICATION.—The 

4 Secretary of Labor, in consultation with the Sec5 retary of Homeland Security, Secretary of State and 

6 the Equal Employment Opportunity Commission, 

7 shall establish mechanisms by which the agencies 

8 and their components share information, including 

9 by public electronic means, regarding complaints, 

10 studies, investigations, findings and remedies regard11 ing compliance by employers with the requirements 

12 of the H–2A program and other employment-related 

13 laws and regulations. 

14 ‘‘(n) DEFINITIONS.—In this section: 

15 ‘‘(1) DISPLACE.—The term ‘displace’ means to 

16 lay off a similarly employed United States worker, 

17 other than for lawful job-related reasons, in the oc18 cupation and area of intended employment for the 

19 job for which H–2A workers are sought. 

20 ‘‘(2) H–2A WORKER.—The term ‘H–2A worker’ 

21 means a nonimmigrant described in section 

22 101(a)(15)(H)(ii)(a). 

23 ‘‘(3) JOB ORDER.—The term ‘job order’ means 

24 the document containing the material terms and 

25 conditions of employment, including obligations and 


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1 assurances required under this section or any other 

2 law. 

3 ‘‘(4) ONLINE JOB REGISTRY.—The term ‘online 

4 job registry’ means the online job registry of the 

5 Secretary of Labor required under section 201(b) of 

6 the Affordable and Secure Food Act of 2022 (or 

7 similar successor registry). 

8 ‘‘(5) SIMILARLY EMPLOYED.—The term ‘simi9 larly employed’, in the case of a worker, means a 

10 worker in the same occupational classification as the 

11 classification or classifications for which the H–2A 

12 worker is sought. 

13 ‘‘(6) UNITED STATES WORKER.—The term 

14 ‘United States worker’ means any worker who is— 

15 ‘‘(A) a citizen or national of the United 

16 States; 

17 ‘‘(B) an alien who is lawfully admitted for 

18 permanent residence, is admitted as a refugee 

19 under section 207, is granted asylum under sec20 tion 208, or is an immigrant otherwise author21 ized to be employed in the United States; 

22 ‘‘(C) an alien granted certified agricultural 

23 worker status under title I of the Affordable 

24 and Secure Food Act of 2022; or 


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1 ‘‘(D) an individual who is not an unauthor2 ized alien (as defined in section 274A(h)(3)) 

3 with respect to the employment in which the 

4 worker is engaging. 

5 ‘‘(o) FEES; AUTHORIZATION OF APPROPRIATIONS.— 

6 ‘‘(1) FEES.— 

7 ‘‘(A) IN GENERAL.—The Secretary of 

8 Homeland Security shall impose a fee to proc9 ess petitions under this section. Such fee shall 

10 be set at a level that is sufficient to recover the 

11 reasonable costs of processing the petition, in12 cluding the reasonable costs of providing labor 

13 certification by the Secretary of Labor. 

14 ‘‘(B) DISTRIBUTION.—Fees collected 

15 under subparagraph (A) shall be deposited as 

16 offsetting receipts into the immigration exami17 nations fee account in section 286(m), except 

18 that the portion of fees assessed for the Sec19 retary of Labor shall be deposited into the H– 

20 2A Labor Certification Fee Account established 

21 pursuant to section 203(c) of the Affordable 

22 and Secure Food Act of 2022. 

23 ‘‘(2) APPROPRIATIONS.—There are authorized 

24 to be appropriated for each fiscal year such sums as 

25 necessary for the purposes of— 


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1 ‘‘(A) recruiting United States workers for 

2 labor or services which might otherwise be per3 formed by H–2A workers, including by ensuring 

4 that State workforce agencies are sufficiently 

5 funded to fulfill their functions under this sec6 tion; 

7 ‘‘(B) enabling the Secretary of Labor to 

8 make determinations and certifications under 

9 this section and under section 212(a)(5)(A)(i); 

10 ‘‘(C) monitoring and enforcing the terms 

11 and conditions under which H–2A workers (and 

12 United States workers employed by the same 

13 employers) are employed in the United States; 

14 and 

15 ‘‘(D) enabling the Secretary of Agriculture 

16 to carry out the Secretary of Agriculture’s du17 ties and responsibilities under this section.’’. 

18 SEC. 203. AGENCY ROLES AND RESPONSIBILITIES. 

19 (a) RESPONSIBILITIES OF THE SECRETARY OF

20 LABOR.—With respect to the administration of the H–2A 

21 nonimmigrant visa program (referred to in this section as 

22 the ‘‘H–2A program’’), the Secretary of Labor shall be 

23 responsible for— 

24 (1) consulting with State workforce agencies 

25 to— 


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1 (A) review and process job orders; 

2 (B) facilitate the recruitment and referral 

3 of able, willing and qualified United States 

4 workers who will be available at the time and 

5 place needed; 

6 (C) determine prevailing wages and prac7 tices; and 

8 (D) conduct timely inspections to ensure 

9 compliance with applicable Federal, State, or 

10 local housing standards and Federal regulations 

11 for H–2A housing; 

12 (2) determining whether the employer has met 

13 the conditions for approval of the H–2A non14 immigrant visa petition described in section 218 of 

15 the Immigration and Nationality Act (8 U.S.C. 

16 1188); 

17 (3) determining, in consultation with the Sec18 retary of Agriculture, whether a job opportunity is 

19 of a seasonal or temporary nature; 

20 (4) determining whether the employer has com21 plied or will comply with the H–2A program require22 ments set forth in section 218 of the Immigration 

23 and Nationality Act (8 U.S.C. 1188); 


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1 (5) processing and investigating complaints con2 sistent with section 218(m) of the Immigration and 

3 Nationality Act (8 U.S.C. 1188(m)); 

4 (6) referring any matter as appropriate to the 

5 Inspector General of the Department of Labor for 

6 investigation; 

7 (7) ensuring that guidance to State workforce 

8 agencies to conduct wage surveys is regularly up9 dated; and 

10 (8) issuing such rules and regulations as are 

11 necessary to carry out the Secretary of Labor’s re12 sponsibilities under this Act and the amendments 

13 made by this Act. 

14 (b) RESPONSIBILITIES OF THE SECRETARY OF

15 HOMELAND SECURITY.—With respect to the administra16 tion of the H–2A program, the Secretary of Homeland Se17 curity shall be responsible for— 

18 (1) adjudicating petitions for the admission of 

19 nonimmigrants described in section 

20 101(a)(15)(H)(2)(a) (referred to in this title as ‘‘H– 

21 2A workers’’), which shall include an assessment as 

22 to whether each beneficiary will be employed in ac23 cordance with the terms and conditions of the cer24 tification and whether any named beneficiaries qual25 ify for such employment; 


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1 (2) transmitting a copy of the final decision on 

2 the petition to the employer, and in the case of ap3 proved petitions, ensuring that the petition approval 

4 is reflected in the electronic platform to facilitate the 

5 prompt issuance of a visa by the Department of 

6 State (if required) and the admission of the H–2A 

7 workers to the United States; 

8 (3) establishing a reliable and secure method 

9 through which H–2A workers can access information 

10 about their H–2A visa status, including information 

11 on pending, approved, or denied petitions to extend 

12 such status; 

13 (4) investigating and preventing fraud in the 

14 program, including the utilization of H–2A workers 

15 for other than allowable agricultural labor or serv16 ices; and 

17 (5) issuing such rules and regulations as are 

18 necessary to carry out the Secretary of Homeland 

19 Security’s responsibilities under this Act and the 

20 amendments made by this Act. 

21 (c) ESTABLISHMENT OF ACCOUNT; USE OF

22 FUNDS.— 

23 (1) ESTABLISHMENT OF ACCOUNT.—There is 

24 established in the general fund of the Treasury a 

25 separate account, which shall be known as the ‘‘H– 


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1 2A Labor Certification Fee Account’’. Notwith2 standing any other provisions of law, there shall be 

3 deposited as offsetting receipts into the account all 

4 amounts— 

5 (A) collected as a civil penalty under sec6 tion 218(m)(2)(E) of the Immigration and Na7 tionality Act (8 U.S.C. 1188(m)(2)(E)); and 

8 (B) collected as a fee under section 

9 218(o)(1)(B) of such Act (8 U.S.C. 

10 1188(o)(1)(B)). 

11 (2) USE OF FUNDS.— 

12 (A) IN GENERAL.—Except as otherwise 

13 provided in this paragraph, amounts deposited 

14 into the H–2A Labor Certification Fee Account 

15 shall be available (except as otherwise provided 

16 in this paragraph) without fiscal year limitation 

17 and without the requirement for specification in 

18 appropriations Acts to the Secretary of Labor 

19 for use, directly or through grants, contracts, or 

20 other arrangements, in such amounts as the 

21 Secretary of Labor determines are necessary for 

22 the costs of Federal and State administration in 

23 carrying out activities in connection with labor 

24 certification under section 218 of the Immigra25 tion and Nationality Act (8 U.S.C. 1188). 


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1 (B) EXAMPLES OF APPROVED COSTS.— 

2 Costs authorized under subparagraph (A) may 

3 include— 

4 (i) personnel salaries and benefits; 

5 (ii) equipment and infrastructure for 

6 adjudication and customer service proc7 esses; 

8 (iii) the operation and maintenance of 

9 an on-line job registry; and 

10 (iv) program integrity activities. 

11 (C) CONSIDERATIONS.—In determining 

12 what amounts to transfer to States for State 

13 administration in carrying out activities in con14 nection with labor certification under section 

15 218 of the Immigration and Nationality Act, 

16 the Secretary shall— 

17 (i) consider the number of H–2A 

18 workers employed in such State; and 

19 (ii) adjust the amount transferred to 

20 such State based on the proportion of H– 

21 2A workers employed in such State. 

22 (D) AUDITS; CRIMINAL INVESTIGATIONS.— 

23 Ten percent of the amounts deposited into the 

24 H–2A Labor Certification Fee Account pursu25 ant to paragraph (1) shall be available to the 


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1 Office of Inspector General of the Department 

2 of Labor to conduct audits and criminal inves3 tigations relating to foreign labor certification 

4 programs. 

5 (3) ADDITIONAL FUNDS.—Amounts available 

6 under paragraph (1) shall be available in addition to 

7 any other funds appropriated or made available to 

8 the Department of Labor under other laws, includ9 ing section 218(o)(2) of the Immigration and Na10 tionality Act (8 U.S.C. 1188(o)(2)). 

11 SEC. 204. WORKER PROTECTION AND COMPLIANCE. 

12 (a) EQUALITY OF TREATMENT.—H–2A workers may 

13 not be denied any right or remedy under any Federal, 

14 State, or local labor or employment law applicable to 

15 United States workers engaged in agricultural employ16 ment. 

17 (b) APPLICABILITY OF OTHER LAWS.— 

18 (1) MIGRANT AND SEASONAL AGRICULTURAL

19 WORKER PROTECTION ACT.—H–2A workers shall be 

20 considered migrant agricultural workers for purposes 

21 of the Migrant and Seasonal Agricultural Worker 

22 Protection Act (29 U.S.C. 1801 et seq.). 

23 (2) WAIVER OF RIGHTS PROHIBITED.—Agree24 ments by H–2A workers to waive or modify any 

25 rights or protections under this Act or section 218 


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1 of the Immigration and Nationality Act, as amended 

2 by section 202, shall be considered void or contrary 

3 to public policy except as provided in a collective 

4 bargaining agreement with a bona fide labor organi5 zation. 

6 (3) FRIVOLOUS LAWSUITS PROHIBITED.—A 

7 legal representative of an H–2A worker who seeks to 

8 enforce rights guaranteed under this Act or under 

9 section 218 of the Immigration and Nationality Act, 

10 as amended by section 202, shall comply with Rules 

11 8 and 11 of the Federal Rules of Civil Procedure. 

12 (4) DEMAND LETTER PROHIBITIONS.—A legal 

13 representative of an H–2A worker, or a class of 

14 workers, may not send a demand letter to the em15 ployer of such worker, or class of workers, regarding 

16 a violation of the Migrant and Seasonal Agricultural 

17 Worker Protection Act (29 U.S.C. 1801 et seq.) and 

18 demanding a monetary payment without a good 

19 faith basis that there are sufficient facts to support 

20 such an allegation. 

21 (5) THIRD-PARTY LAWSUITS.—All named plain22 tiffs in a lawsuit against the employer of an H–2A 

23 worker shall be a real party in interest and may not 

24 be a third party who is not an H–2A worker, except 


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1 as otherwise expressly permitted under this Act or 

2 any other law. 

3 (6) MEDIATION.— 

4 (A) FREE MEDIATION SERVICES.—The 

5 Federal Mediation and Conciliation Service 

6 shall be available to assist in resolving disputes 

7 arising under this section between H–2A work8 ers and agricultural employers without charge 

9 to the parties. 

10 (B) LAWSUITS.—If an H–2A worker files 

11 a civil lawsuit alleging 1 or more violations of 

12 the Migrant and Seasonal Agricultural Worker 

13 Protection Act (29 U.S.C. 1801 et seq.), not 

14 later than 60 days after filing proof of service 

15 of the complaint, a party to the lawsuit may file 

16 a request with the Federal Mediation and Con17 ciliation Service to assist the parties in reaching 

18 a satisfactory resolution of all issues involving 

19 all parties to the dispute. 

20 (C) NOTICE.—Upon filing a request under 

21 subparagraph (B) and giving of notice to the 

22 parties, the parties shall attempt mediation 

23 within the period specified in subparagraph 

24 (D), except that nothing in this paragraph shall 

25 limit the ability of a court to order preliminary 


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1 injunctive relief to protect health and safety or 

2 to otherwise prevent irreparable harm. 

3 (D) 90-DAY LIMIT.—The Federal Medi4 ation and Conciliation Service may conduct me5 diation or other nonbinding dispute resolution 

6 activities for a period not to exceed 90 days be7 ginning on the date on which the Federal Medi8 ation and Conciliation Service receives a request 

9 for assistance under subparagraph (B) unless 

10 the parties agree to an extension of such period. 

11 (E) AUTHORIZATION OF APPROPRIA12 TIONS.— 

13 (i) IN GENERAL.—Subject to clause 

14 (ii), there is authorized to be appropriated 

15 to the Federal Mediation and Conciliation 

16 Service $5,600,000 for fiscal year 2023 

17 and $4,600,000 for each of the following 

18 fiscal years to carry out this subparagraph. 

19 (ii) MEDIATION.—Notwithstanding 

20 any other provision of law, the Director of 

21 the Federal Mediation and Conciliation 

22 Service is authorized— 

23 (I) to conduct the mediation or 

24 other dispute resolution activities from 


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1 any other account containing amounts 

2 available to the Director; and 

3 (II) to reimburse such account 

4 with amounts appropriated pursuant 

5 to clause (i). 

6 (F) PRIVATE MEDIATION.—If all parties 

7 agree, a private mediator may be employed as 

8 an alternative to the Federal Mediation and 

9 Conciliation Service. 

10 (c) FARM LABOR CONTRACTOR REQUIREMENTS.— 

11 (1) SURETY BONDS.— 

12 (A) REQUIREMENT.—Section 101 of the 

13 Migrant and Seasonal Agricultural Worker Pro14 tection Act (29 U.S.C. 1811), is amended by 

15 adding at the end the following: 

16 ‘‘(e) A farm labor contractor shall maintain a surety 

17 bond in an amount determined by the Secretary to be suf18 ficient for ensuring the ability of the farm labor contractor 

19 to discharge its financial obligations, including payment 

20 of wages and benefits to employees. Such a bond shall be 

21 available to satisfy any amounts ordered to be paid by the 

22 Secretary or by court order for failure to comply with the 

23 obligations of this Act. The Secretary of Labor shall annu24 ally publish in the Federal Register a schedule of required 

25 bond amounts that are determined by such Secretary to 


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1 be sufficient for farm labor contractors to discharge finan2 cial obligations based on the number of workers to be cov3 ered.’’. 

4 (B) REGISTRATION DETERMINATIONS.— 

5 Section 103(a) of the Migrant and Seasonal Ag6 ricultural Worker Protection Act (29 U.S.C. 

7 1813(a)), is amended— 

8 (i) in paragraph (4), by striking ‘‘or’’ 

9 at the end; 

10 (ii) in paragraph (5)(B), by striking 

11 ‘‘or’’ at the end; 

12 (iii) in paragraph (6), by striking the 

13 period at the end and inserting ‘‘;’’; and 

14 (iv) by adding at the end the fol15 lowing: 

16 ‘‘(7) has failed to maintain a surety bond in 

17 compliance with section 101(e); or 

18 ‘‘(8) has been disqualified by the Secretary of 

19 Labor from importing nonimmigrants described in 

20 section 101(a)(15)(H)(ii) of the Immigration and 

21 Nationality Act.’’. 

22 (2) SUCCESSORS IN INTEREST.— 

23 (A) DECLARATION.—Section 102 of the 

24 Migrant and Seasonal Agricultural Worker Pro25 tection Act (29 U.S.C. 1812), is amended— 


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1 (i) in paragraph (4), by striking 

2 ‘‘and’’ at the end; 

3 (ii) in paragraph (5), by striking the 

4 period at the end and inserting ‘‘; and’’; 

5 and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(6) a declaration, subscribed and sworn to by 

9 the applicant, stating whether the applicant has a 

10 familial, contractual, or employment relationship 

11 with, or shares vehicles, facilities, property, or em12 ployees with, a person who has been refused 

13 issuance or renewal of a certificate, or has had a 

14 certificate suspended or revoked, pursuant to section 

15 103.’’. 

16 (B) REBUTTABLE PRESUMPTION.—Section 

17 103 of the Migrant and Seasonal Agricultural 

18 Worker Protection Act (29 U.S.C. 1813), as 

19 amended by this Act, is further amended by in20 serting after subsection (a) the following new 

21 subsection (and by redesignating the subse22 quent subsections accordingly): 

23 ‘‘(b)(1) There shall be a rebuttable presumption that 

24 an applicant for issuance or renewal of a certificate is not 


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1 the real party in interest in the application if the appli2 cant— 

3 ‘‘(A) is the immediate family member of any 

4 person who has been refused issuance or renewal of 

5 a certificate, or has had a certificate suspended or 

6 revoked; and 

7 ‘‘(B) identifies a vehicle, facility, or real prop8 erty under paragraph (2) or (3) of section 102 that 

9 has been previously listed by a person who has been 

10 refused issuance or renewal of a certificate, or has 

11 had a certificate suspended or revoked. 

12 ‘‘(2) An applicant described in paragraph (1) bears 

13 the burden of demonstrating to the Secretary’s satisfac14 tion that the applicant is the real party in interest in the 

15 application.’’. 

16 (d) CONFORMING AMENDMENT.—Section 3(8)(B) of 

17 the Migrant and Seasonal Agricultural Worker Protection 

18 Act (29 U.S.C. 1802(8)(B)) is amended to read as follows: 

19 ‘‘(B) The term ‘migrant agricultural worker’ 

20 does not include any immediate family member of an 

21 agricultural employer or a farm labor contractor.’’. 

22 SEC. 205. REPORT ON WAGE PROTECTIONS. 

23 (a) IN GENERAL.—Not later than 3 years after the 

24 date of the enactment of this Act, and every 3 years there25 after, the Secretary of Labor and the Secretary of AgriVerDate Sep 11 2014 00:05 Dec 31, 2022 Jkt 039200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\S5282.IS S5282

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1 culture shall submit a report to the Committee on the Ju2 diciary of the Senate and the Committee on the Judiciary 

3 of the House of Representatives that addresses— 

4 (1) whether, and the manner in which, the em5 ployment of H–2A workers in the United States has 

6 impacted the wages, working conditions, or job op7 portunities of United States farm workers; 

8 (2) whether, and the manner in which, the ad9 verse effect wage rate increases or decreases wages 

10 on United States farms, broken down by geographic 

11 region and farm size; 

12 (3) whether any potential impact of the adverse 

13 effect wage rate varies based on the percentage of 

14 workers in a geographic region that are H–2A work15 ers; 

16 (4) the degree to which the adverse effect wage 

17 rate is affected by the inclusion in wage surveys of 

18 piece rate compensation, bonus payments, and other 

19 pay incentives, and whether such forms of incentive 

20 compensation should be surveyed and reported sepa21 rately from hourly base rates; 

22 (5) whether, and the manner in which, other 

23 factors may artificially affect the adverse effect wage 

24 rate, including factors that may be specific to a re25 gion, State, or region within a State; 


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1 (6) whether, and the manner in which, the H– 

2 2A program affects the ability of United States 

3 farms to compete with agricultural commodities im4 ported from outside the United States; 

5 (7) the number and percentage of farm workers 

6 in the United States whose incomes are below the 

7 poverty line; 

8 (8) whether alternative wage standards would 

9 be sufficient to prevent wages in occupations in 

10 which H–2A workers are employed from falling 

11 below the wage level that would have prevailed in the 

12 absence of the H–2A program; 

13 (9) whether any changes are warranted in the 

14 current methodologies for calculating the adverse ef15 fect wage rate and the prevailing wage; and 

16 (10) recommendations for future wage protec17 tion for United States farm workers. 

18 (b) INTERVIEWS.—In gathering information for the 

19 report required by subsection (a), the Secretary of Labor 

20 and the Secretary of Agriculture shall interview equal 

21 numbers of representatives of agricultural employers and 

22 agricultural workers, both locally and nationally. 

23 SEC. 206. PORTABLE H–2A VISA PILOT PROGRAM. 

24 (a) ESTABLISHMENT OF PILOT PROGRAM.— 

25 (1) IN GENERAL.— 


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1 (A) RULEMAKING.—Not later than 18 

2 months after the date of the enactment of this 

3 Act, the Secretary of Homeland Security, in 

4 consultation with the Secretary of Labor and 

5 the Secretary of Agriculture, shall promulgate 

6 regulations establishing a 6-year pilot program 

7 to facilitate the free movement and employment 

8 of temporary or seasonal H–2A workers to per9 form agricultural labor or services for agricul10 tural employers registered with the Secretary of 

11 Agriculture. 

12 (B) PROGRAM REQUIREMENTS.—Notwith13 standing the requirements under section 218 of 

14 the Immigration and Nationality Act (8 U.S.C. 

15 1188), the regulations promulgated pursuant to 

16 subparagraph (A) shall establish the require17 ments for the pilot program in accordance with 

18 subsection (b). 

19 (C) DEFINED TERMS.—In this section: 

20 (i) PORTABLE H–2A WORKER.—The 

21 term ‘‘portable H–2A worker’’ means an 

22 H–2A worker described in subparagraph 

23 (A). 

24 (ii) PORTABLE H–2A STATUS.—The 

25 term ‘‘portable H–2A status’’ means the 


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1 immigration status of a portable H–2A 

2 worker. 

3 (2) ONLINE PLATFORM.— 

4 (A) ESTABLISHMENT.—The Secretary of 

5 Homeland Security, in consultation with the 

6 Secretary of Labor and the Secretary of Agri7 culture, shall establish and maintain an online 

8 electronic platform to connect portable H–2A 

9 workers with registered agricultural employers 

10 seeking workers to perform temporary or sea11 sonal agricultural labor or services. 

12 (B) POSTING OF JOB OPPORTUNITIES.— 

13 Employers shall post information regarding 

14 available job opportunities on the platform es15 tablished pursuant to subparagraph (A), which 

16 shall include— 

17 (i) a description of the nature and lo18 cation of the work to be performed; 

19 (ii) the anticipated period or periods 

20 during which workers are needed; and 

21 (iii) the terms and conditions of em22 ployment. 

23 (C) SEARCH CRITERIA.—The platform es24 tablished pursuant to subparagraph (A) shall 

25 allow portable H–2A workers to search for 


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1 available job opportunities using relevant cri2 teria, including the types of jobs needed to be 

3 filled and the dates and locations workers are 

4 needed by an employer. 

5 (3) LIMITATION.—Notwithstanding the 

6 issuance of the regulation described in paragraph 

7 (1), the Secretary of State may not issue a portable 

8 H–2A visa and the Secretary of Homeland Security 

9 may not confer portable H–2A status on any alien 

10 until the Secretary of Homeland Security, in con11 sultation with the Secretary of Labor and the Sec12 retary of Agriculture, determines that— 

13 (A) a sufficient number of employers have 

14 been designated as registered agricultural em15 ployers pursuant to subsection (b)(1); and 

16 (B) the employers referred to in subpara17 graph (A) have sufficient job opportunities to 

18 employ a reasonable number of portable H–2A 

19 workers to initiate the pilot program. 

20 (b) PILOT PROGRAM ELEMENTS.— 

21 (1) REGISTERED AGRICULTURAL EMPLOY22 ERS.— 

23 (A) DESIGNATION.—Agricultural employ24 ers shall be provided the ability to seek designa25 tion as registered agricultural employers. ReaVerDate Sep 11 2014 00:05 Dec 31, 2022 Jkt 039200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\S5282.IS S5282

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1 sonable fees may be assessed commensurate 

2 with the cost of processing applications for des3 ignation. A designation shall be valid for a pe4 riod of up to 3 years unless revoked for failure 

5 to comply with program requirements. Reg6 istered employers that comply with program re7 quirements may apply to renew such designa8 tion for additional periods of up to 3 years for 

9 the duration of the pilot program established 

10 pursuant to subsection (a). 

11 (B) LIMITATIONS.—Registered agricultural 

12 employers— 

13 (i) may employ aliens with portable 

14 H–2A status without filing a petition; and 

15 (ii) shall pay such aliens not less than 

16 the wage required under section 218(d) of 

17 the Immigration and Nationality Act, as 

18 amended by section 202. 

19 (C) WORKERS’ COMPENSATION.—If a job 

20 opportunity is not covered by, or is exempt 

21 from, the applicable State workers’ compensa22 tion law, a registered agricultural employer 

23 shall provide to portable H–2A workers, at no 

24 cost to such workers, insurance covering injury 

25 and disease arising out of, and in the course of, 


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1 the worker’s employment, which will provide 

2 benefits that are at least equal to the benefits 

3 provided under the applicable State workers’ 

4 compensation law. 

5 (2) DESIGNATED WORKERS.— 

6 (A) IN GENERAL.—Individuals who were 

7 previously admitted to the United States in H– 

8 2A status, and have maintained such status 

9 during the period of their admission, may apply 

10 for portable H–2A status. Portable H–2A work11 ers shall be subject to the provisions regarding 

12 visa validity and periods of authorized stay and 

13 admission applicable to H–2A workers de14 scribed in paragraphs (2) and (3) of section 

15 218(j) of the Immigration and Nationality Act, 

16 as added by section 202. 

17 (B) LIMITATIONS ON AVAILABILITY OF

18 PORTABLE H–2A STATUS.— 

19 (i) INITIAL OFFER OF EMPLOYMENT

20 REQUIRED.—An alien may not be granted 

21 portable H–2A status without an initial 

22 valid offer of employment from a registered 

23 agricultural employer to perform tem24 porary or agricultural labor or services. 

25 (ii) NUMERICAL LIMITATIONS.— 


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1 (I) IN GENERAL.—Subject to 

2 subclause (II), the total number of 

3 aliens who may simultaneously hold 

4 valid portable H–2A status may not 

5 exceed 10,000. 

6 (II) FURTHER LIMITATION.—The 

7 Secretary of Homeland Security may 

8 further limit the total number of 

9 aliens who may be granted portable 

10 H–2A status if the Secretary deter11 mines that there are an insufficient 

12 number of registered agricultural em13 ployers or job opportunities to support 

14 the employment of the number of 

15 portable H–2A workers authorized 

16 under subclause (I). 

17 (C) SCOPE OF EMPLOYMENT.—A portable 

18 H–2A worker, during the period of his or her 

19 admission, may perform temporary or seasonal 

20 agricultural labor or services for any employer 

21 in the United States that is designated as a 

22 registered agricultural employer pursuant to 

23 paragraph (1). An employment arrangement 

24 under this section may be terminated by the 


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1 portable H–2A worker or the registered agricul2 tural employer at any time. 

3 (D) MAINTENANCE OF STATUS.— 

4 (i) TRANSFER TO NEW EMPLOY5 MENT.—If a portable H–2A worker desires 

6 to maintain portable H–2A status after the 

7 conclusion of such worker’s employment 

8 with a registered agricultural employer, 

9 such worker shall secure new employment 

10 with another registered agricultural em11 ployer not later than 60 days after the last 

12 day of employment with the previous em13 ployer. 

14 (ii) MAINTENANCE OF STATUS.—A 

15 portable H–2A worker who does not secure 

16 new employment with a registered agricul17 tural employer during the 60-day period 

18 referred to in clause (i)— 

19 (I) shall be considered to have 

20 failed to maintain portable H–2A sta21 tus; and 

22 (II) shall depart the United 

23 States or be subject to removal under 

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1 gration and Nationality Act (8 U.S.C. 

2 1227(a)(1)(C)(i)). 

3 (3) ENFORCEMENT.— 

4 (A) IN GENERAL.—The Secretary of Labor 

5 shall conduct investigations and random audits 

6 of employers to ensure compliance with the em7 ployment-related requirements under this sec8 tion, in accordance with section 218(m) of the 

9 Immigration and Nationality Act, as added by 

10 section 202. 

11 (B) PENALTIES.—The Secretary of Labor 

12 is authorized to collect reasonable civil penalties 

13 for violations of this section, which may be ex14 pended by the Secretary for the administration 

15 and enforcement of this section. 

16 (4) ELIGIBILITY FOR SERVICES.—Section 305 

17 of the Immigration Reform and Control Act of 1986 

18 (8 U.S.C. 1101 note) is amended by striking ‘‘other 

19 employment rights as provided in the worker’s spe20 cific contract under which the nonimmigrant was ad21 mitted’’ and inserting ‘‘employment-related rights’’. 

22 (c) REPORT.—Not later than 30 months after the 

23 commencement of the pilot program established pursuant 

24 to subsection (a), the Secretary of Homeland Security, in 

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1 retary of Agriculture, shall submit a report to the Com2 mittee on the Judiciary of the Senate and the Committee 

3 on the Judiciary of the House of Representatives that in4 cludes— 

5 (1) the number of employers designated as reg6 istered agricultural employers, disaggregated by geo7 graphic region, farm size, and the number of job op8 portunities offered by such employers; 

9 (2) the number of employers whose designation 

10 as a registered agricultural employer was revoked; 

11 (3) the number of individuals granted portable 

12 H–2A status during each fiscal year and the number 

13 of such individuals who maintained portable H–2A 

14 status during all or a portion of the 3-year period 

15 of the pilot program; 

16 (4) an assessment of the impact of the pilot 

17 program on the wages and working conditions of 

18 United States farm workers; 

19 (5) the results of a survey of individuals grant20 ed portable H–2A status that describes their experi21 ences with and their feedback regarding the pilot 

22 program; 

23 (6) the results of a survey of registered agricul24 tural employers that describes their experiences with 

25 and their feedback regarding the pilot program; 


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1 (7) an assessment regarding whether the pilot 

2 program should be continued and any recommenda3 tions for improving the pilot program; and 

4 (8) findings and recommendations regarding ef5 fective recruitment mechanisms, including the use of 

6 new technology— 

7 (A) to match workers with employers; and 

8 (B) to ensure compliance with applicable 

9 labor and employment laws and regulations. 

10 SEC. 207. IMPROVING ACCESS TO PERMANENT RESIDENCE. 

11 (a) WORLDWIDE LEVEL.—Section 201(d)(1)(A) of 

12 the Immigration and Nationality Act (8 U.S.C. 

13 1151(d)(1)(A)) is amended by striking ‘‘140,000’’ and in14 serting ‘‘200,000’’. 

15 (b) VISAS FOR FARM WORKERS.—Section 203(b) of 

16 the Immigration and Nationality Act (8 U.S.C. 1153(b)) 

17 is amended— 

18 (1) in paragraph (1) by striking ‘‘28.6 percent 

19 of such worldwide level’’ and inserting ‘‘40,040’’; 

20 (2) in paragraph (2)(A) by striking ‘‘28.6 per21 cent of such worldwide level’’ and inserting 

22 ‘‘40,040’’; 

23 (3) in paragraph (3)— 

24 (A) in subparagraph (A)— 


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1 (i) in the matter before clause (i), by 

2 striking ‘‘28.6 percent of such worldwide 

3 level’’ and inserting ‘‘100,040’’; and 

4 (ii) by amending clause (iii) to read as 

5 follows: 

6 ‘‘(iii) OTHER WORKERS.—Other quali7 fied immigrants who, at the time of peti8 tioning for classification under this para9 graph— 

10 ‘‘(I) are capable of performing 

11 unskilled labor, not of a temporary or 

12 seasonal nature, for which qualified 

13 workers are not available in the 

14 United States; or 

15 ‘‘(II) can demonstrate employ16 ment in the United States as an H– 

17 2A nonimmigrant worker for at least 

18 100 days in each of at least 10 years 

19 or for at least 1,000 days within the 

20 preceding 10-year period.’’; 

21 (B) by amending subparagraph (B) to read 

22 as follows: 

23 ‘‘(B) VISAS ALLOCATED FOR OTHER

24 WORKERS.— 


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1 ‘‘(i) IN GENERAL.—Except as pro2 vided in clauses (ii) and (iii), 60,000 of the 

3 visas made available under this paragraph 

4 shall be reserved for qualified immigrants 

5 described in subparagraph (A)(iii). 

6 ‘‘(ii) PREFERENCE FOR AGRICUL7 TURAL WORKERS.—Subject to clause (iii), 

8 not fewer than 50,000 of the visas de9 scribed in clause (i) shall be reserved for— 

10 ‘‘(I) qualified immigrants de11 scribed in subparagraph (A)(iii)(I) 

12 who will be performing agricultural 

13 labor or services in the United States; 

14 and 

15 ‘‘(II) qualified immigrants de16 scribed in subparagraph (A)(iii)(II). 

17 ‘‘(iii) EXCEPTION.—If because of the 

18 application of clause (ii), the total number 

19 of visas available under this paragraph for 

20 a calendar quarter exceeds the number of 

21 qualified immigrants who otherwise may be 

22 issued such a visa, clause (ii) shall not 

23 apply to visas under this paragraph during 

24 the remainder of such calendar quarter. 


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1 ‘‘(iv) NO PER COUNTRY LIMITS.— 

2 Visas described under clause (ii) shall be 

3 issued without regard to the numerical lim4 itation under section 202(a)(2).’’; and 

5 (C) by amending subparagraph (C) by 

6 striking ‘‘An immigrant visa’’ and inserting 

7 ‘‘Except for qualified immigrants petitioning for 

8 classification under subparagraph (A)(iii)(II), 

9 an immigrant visa’’; 

10 (4) in paragraph (4), by striking ‘‘7.1 percent 

11 of such worldwide level’’ and inserting ‘‘9,940’’; and 

12 (5) in paragraph (5)(A), in the matter before 

13 clause (i), by striking ‘‘7.1 percent of such world14 wide level’’ and inserting ‘‘9,940’’. 

15 (c) WESTERN HEMISPHERE PROCEDURES.—The 

16 Secretary of Homeland Security, in consultation with the 

17 Secretary of Labor and the Secretary of State, may— 

18 (1) identify countries in the Western Hemi19 sphere with large flows of migration outside of nor20 mal trade and travel routes to the United States; 

21 and 

22 (2) develop tools and resources and establish 

23 procedures to connect prospective workers described 

24 in section 203(b)(3)(A)(iii) of the Immigration and 

25 Nationality Act (8 U.S.C. 1153(b)(3)(A)(iii)) from 


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1 such countries to United States employers seeking 

2 temporary workers to perform agricultural labor or 

3 services. 

4 (d) PETITIONING PROCEDURE.—Section 

5 204(a)(1)(E) of the Immigration and Nationality Act (8 

6 U.S.C. 1154(a)(1)(E)) is amended by inserting ‘‘or 

7 203(b)(3)(A)(iii)(II)’’ after ‘‘203(b)(1)(A)’’. 

8 (e) DUAL INTENT.—Section 214(b) of the Immigra9 tion and Nationality Act (8 U.S.C. 1184(b)) is amended 

10 by striking ‘‘section 101(a)(15)(H)(i) except subclause 

11 (b1) of such section’’ and inserting ‘‘clause (i), except sub12 clause (b1), or (ii)(a) of section 101(a)(15)(H)’’. 

13 Subtitle B—Preservation and Con14 struction of Farm Worker Hous15 ing 

16 SEC. 220. SHORT TITLE. 

17 This subtitle may be cited as the ‘‘Strategy and In18 vestment in Rural Housing Preservation Act of 2022’’. 

19 SEC. 221. NEW FARM WORKER HOUSING. 

20 Section 513(e) of the Housing Act of 1949 (42 

21 U.S.C. 1483(e)) is amended by adding at the end the fol22 lowing: 

23 ‘‘(e) FUNDING FOR FARM WORKER HOUSING.— 

24 ‘‘(1) SECTION 514 FARM WORKER HOUSING

25 LOANS.— 


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1 ‘‘(A) INSURANCE AUTHORITY.—The Sec2 retary of Agriculture, to the extent approved in 

3 appropriation Acts, may insure loans under sec4 tion 514 totaling not more than $20,000,000 

5 during each of the fiscal years 2023 through 

6 2032. 

7 ‘‘(B) AUTHORIZATION OF APPROPRIA8 TIONS.—There is authorized to be appropriated 

9 $75,000,000 for each of the fiscal years 2023 

10 through 2032 for the cost (as such term is de11 fined in section 502(5) of the Congressional 

12 Budget Act of 1974 (2 U.S.C. 661a(5))) of 

13 loans insured pursuant to subparagraph (A). 

14 ‘‘(2) SECTION 516 GRANTS FOR FARMWORKER

15 HOUSING.—There is authorized to be appropriated 

16 $30,000,000 for each of the fiscal years 2023 

17 through 2032 for financial assistance authorized 

18 under section 516. 

19 ‘‘(3) SECTION 521 HOUSING ASSISTANCE.— 

20 There is authorized to be appropriated $26,800,000 

21 for each of the fiscal years 2023 through 2032 for— 

22 ‘‘(A) rental assistance agreements entered 

23 into or renewed pursuant to section 521(a)(2); 

24 or 


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1 ‘‘(B) agreements entered into in lieu of 

2 debt forgiveness or payments for eligible house3 holds authorized under section 502(c)(5)(D). 

4 ‘‘(4) ADMINISTRATIVE EXPENSES.—There is 

5 authorized to be appropriated 5 percent of any 

6 amounts made available for the housing assistance 

7 program under this section for any fiscal year, which 

8 shall be used for administrative expenses for such 

9 program.’’. 

10 SEC. 222. LOAN AND GRANT LIMITATIONS. 

11 Section 514 of the Housing Act of 1949 (42 U.S.C. 

12 1484) is amended by inserting after subsection (c) the fol13 lowing: 

14 ‘‘(d) PER PROJECT LIMITATIONS ON ASSISTANCE.— 

15 If the Secretary, in making available assistance in any 

16 area under this section or section 516, establishes a limita17 tion on the amount of assistance available per project, the 

18 limitation on a grant or loan award per project shall not 

19 be less than $5,000,000.’’. 

20 SEC. 223. OPERATING ASSISTANCE SUBSIDIES. 

21 Section 521(a)(5) of the Housing Act of 1949 (42 

22 U.S.C. 1490a(a)(5)) is amended— 

23 (1) in subparagraph (A) by striking ‘‘migrant 

24 farmworkers’’ and inserting ‘‘migrant farm workers 

25 or domestic farm labor legally admitted to the 


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1 United States and authorized to work in agri2 culture’’; 

3 (2) in subparagraph (B)— 

4 (A) by striking ‘‘In any fiscal year’’ and 

5 inserting the following: 

6 ‘‘(i) HOUSING FOR MIGRANT FARM

7 WORKERS.—In any fiscal year’’; 

8 (B) by inserting ‘‘providing housing for mi9 grant farm workers’’ after ‘‘any project’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(ii) HOUSING FOR OTHER FARM

12 LABOR.—The assistance provided under 

13 this paragraph in any fiscal year for any 

14 project providing housing for domestic 

15 farm labor legally admitted to the United 

16 States and authorized to work in agri17 culture may not exceed an amount equal to 

18 50 percent of the operating costs for such 

19 project for such year, as determined by the 

20 Secretary. The owner of such project does 

21 not qualify for operating assistance unless 

22 the Secretary certifies that— 

23 ‘‘(I) such project was unoccupied 

24 or underutilized before making units 

25 available to such farm labor; and 


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1 ‘‘(II) a grant under this section 

2 will not displace any farm worker who 

3 is a United States worker.’’; and 

4 (3) in subparagraph (D)— 

5 (A) by redesignating clauses (i) and (ii) as 

6 clause (ii) and (iii), respectively; and 

7 (B) by inserting before clause (ii), as re8 designated, the following: 

9 ‘‘(iii) The term ‘domestic farm labor’ has 

10 the meaning given such term in section 

11 514(f)(3), except that subparagraph (A) of such 

12 section shall not apply for purposes of this 

13 paragraph.’’. 

14 SEC. 224. RENTAL ASSISTANCE CONTRACT AUTHORITY. 

15 Section 521(d) of the Housing Act of 1949 (42 

16 U.S.C. 1490a(d)) is amended— 

17 (1) in paragraph (1)— 

18 (A) by redesignating subparagraphs (B) 

19 and (C) as paragraphs (C) and (D), respec20 tively; and 

21 (B) by inserting after subparagraph (A) 

22 the following: 

23 ‘‘(B) upon the request of an owner of a project 

24 financed under section 514 or 515, the Secretary is 

25 authorized to enter into renewal of such agreements 


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1 for a period equal to the shorter of 20 years or the 

2 term of the loan, subject to amounts made available 

3 for such purpose in appropriations Acts;’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(3) If any rental assistance contract authority be6 comes available because of the termination of assistance 

7 on behalf of an assisted family— 

8 ‘‘(A) at the option of the owner of the rental 

9 project, the Secretary shall provide the owner a pe10 riod of 6 months before such assistance is made 

11 available pursuant to subparagraph (B) during 

12 which the owner may use such assistance authority 

13 to provide assistance on behalf of an eligible unas14 sisted family that— 

15 ‘‘(i) is residing in the same rental project 

16 that the assisted family resided in prior to such 

17 termination; or 

18 ‘‘(ii) newly occupies a dwelling unit in such 

19 rental project during such period; and 

20 ‘‘(B) except for assistance used in accordance 

21 with subparagraph (A), the Secretary shall use such 

22 remaining authority to provide such assistance on 

23 behalf of eligible families residing in other rental 

24 projects originally financed under section 515 or 

25 under sections 514 and 516.’’. 


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1 SEC. 225. ELIGIBILITY FOR RURAL HOUSING VOUCHERS. 

2 Section 542 of the Housing Act of 1949 (42 U.S.C. 

3 1490r) is amended by adding at the end the following: 

4 ‘‘(c) ELIGIBILITY OF HOUSEHOLDS IN SECTIONS

5 514, 515, AND 516 PROJECTS.—The Secretary, in con6 sultation with the Under Secretary of Agriculture for 

7 Rural Development, may provide rural housing vouchers 

8 under this section for any low-income household (including 

9 households not receiving rental assistance) residing in a 

10 property financed with a loan made or insured under sec11 tion 514 or 515 which has been prepaid without restric12 tions imposed by the Secretary pursuant to section 

13 502(c)(5)(G)(ii)(I), has been foreclosed, or has matured 

14 after September 30, 2005, or residing in a property as15 sisted under section 514 or 516 that is owned by a non16 profit organization or public agency.’’. 

17 SEC. 226. PERMANENT ESTABLISHMENT OF HOUSING PRES18 ERVATION AND REVITALIZATION PROGRAM. 

19 Title V of the Housing Act of 1949 (42 U.S.C. 1471 

20 et seq.) is amended by adding at the end the following: 

21 ‘‘SEC. 545. HOUSING PRESERVATION AND REVITALIZATION 

22 PROGRAM. 

23 ‘‘(a) ESTABLISHMENT.—The Secretary shall carry 

24 out a program that preserves and revitalizes multifamily 

25 rental housing projects financed under section 515 or 

26 under sections 514 and 516. 


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1 ‘‘(b) NOTICE OF MATURING LOANS.— 

2 ‘‘(1) TO OWNERS.—The Secretary shall provide 

3 annual written notice to each owner of a property fi4 nanced under section 515 or under sections 514 and 

5 516 that will mature during the 4-year period begin6 ning on the date on which such notice is provided. 

7 Such notice shall set forth— 

8 ‘‘(A) the options and financial incentives 

9 that are available to facilitate the extension of 

10 the loan term; or 

11 ‘‘(B) the option to decouple a rental assist12 ance contract pursuant to subsection (f). 

13 ‘‘(2) TO TENANTS.— 

14 ‘‘(A) IN GENERAL.—Not later than 2 years 

15 before the date of maturity of a loan authorized 

16 under section 515 or under sections 514 and 

17 516 for real property, the owner of such prop18 erty who received a notice pursuant to para19 graph (1) shall provide written notice to each 

20 household residing in such property to inform 

21 the household of— 

22 ‘‘(i) the date of the loan maturity; 

23 ‘‘(ii) the possible actions that may 

24 happen with respect to the property on or 

25 after such date; and 


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1 ‘‘(iii) how to protect their right to re2 side in federally assisted housing after 

3 such date. 

4 ‘‘(B) LANGUAGE.—Each notice provided 

5 under subparagraph (A)— 

6 ‘‘(i) shall be written in plain English; 

7 and 

8 ‘‘(ii) shall be translated to other lan9 guages if the relevant property is located 

10 in an area in which a significant number 

11 of residents speak such other languages. 

12 ‘‘(C) NOTICE TEMPLATE.—Not later than 

13 1 year after the date of the enactment of this 

14 Act, the Under Secretary of Agriculture for 

15 Rural Development, in consultation with the 

16 Secretary of Housing and Urban Development, 

17 should publish a template of a notice that own18 ers may use to provide the information required 

19 under this paragraph to their tenants. 

20 ‘‘(c) LOAN RESTRUCTURING.—Under the program 

21 carried out under this section, the Secretary may restruc22 ture such existing housing loans as the Secretary considers 

23 appropriate to ensure that such projects have sufficient 

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1 fordable housing for low-income residents and farm labor2 ers by— 

3 ‘‘(1) reducing or eliminating interest; 

4 ‘‘(2) deferring loan payments; 

5 ‘‘(3) subordinating, reducing, or reamortizing 

6 loan debt; and 

7 ‘‘(4) providing other financial assistance, in8 cluding advances, payments, and incentives (includ9 ing the ability of owners to obtain reasonable re10 turns on investment) required by the Secretary. 

11 ‘‘(d) RENEWAL OF RENTAL ASSISTANCE.—If the 

12 Secretary offers to restructure a loan pursuant to sub13 section (c), the Secretary shall offer to renew the rental 

14 assistance contract under section 521(a)(2) for a 20-year 

15 term, subject to annual appropriations, if the property 

16 owner agrees to bring the property up to such standards 

17 that will ensure its maintenance as decent, safe, and sani18 tary housing for the full term of the rental assistance con19 tract. 

20 ‘‘(e) RESTRICTIVE USE AGREEMENTS.— 

21 ‘‘(1) REQUIREMENT.—As part of the preserva22 tion and revitalization agreement for a project, the 

23 Secretary shall obtain a restrictive use agreement 

24 that obligates the owner to operate the project in ac25 cordance with the provisions under this title. 


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1 ‘‘(2) TERM.— 

2 ‘‘(A) NO EXTENSION OF RENTAL ASSIST3 ANCE CONTRACT.—Unless the Secretary enters 

4 into a 20-year extension of the rental assistance 

5 contract for the project, the term of the restric6 tive use agreement for the project shall be equal 

7 to the term of the restructured loan for the 

8 project. 

9 ‘‘(B) EXTENSION OF RENTAL ASSISTANCE

10 CONTRACT.—If the Secretary enters into a 20- 

11 year extension of the rental assistance contract 

12 for a project, the term of the restrictive use 

13 agreement for the project shall be 20 years. 

14 ‘‘(C) TERMINATION.—The Secretary may 

15 terminate the 20-year use restrictive use agree16 ment for a project before the end of its term if 

17 the 20-year rental assistance contract for the 

18 project with the owner is terminated at any 

19 time for reasons outside the owner’s control. 

20 ‘‘(f) DECOUPLING OF RENTAL ASSISTANCE.— 

21 ‘‘(1) RENEWAL OF RENTAL ASSISTANCE CON22 TRACT.—If the Secretary determines that a matur23 ing loan for a project cannot reasonably be restruc24 tured in accordance with subsection (c) and the 

25 project was operating with rental assistance under 


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1 section 521, the Secretary may renew the rental as2 sistance contract, notwithstanding any provision of 

3 section 521, for a term, subject to annual appropria4 tions, of at least 10 years but not more than 20 

5 years. 

6 ‘‘(2) RENTS.—Any agreement to extend the 

7 term of the rental assistance contract under section 

8 521 for a project shall obligate the owner to con9 tinue to maintain the project as decent, safe and 

10 sanitary housing and to operate the development in 

11 accordance with this title, except that rents shall be 

12 based on the lesser of— 

13 ‘‘(A) the budget-based needs of the project; 

14 or 

15 ‘‘(B) the operating cost adjustment factor 

16 as a payment standard as provided under sec17 tion 524 of the Multifamily Assisted Housing 

18 Reform and Affordability Act of 1997 (42 

19 U.S.C. 1437 note). 

20 ‘‘(g) MULTIFAMILY HOUSING TRANSFER TECHNICAL

21 ASSISTANCE.—Under the program under this section, the 

22 Secretary may provide grants to qualified nonprofit orga23 nizations and public housing agencies to provide technical 

24 assistance, including financial and legal services, to bor25 rowers under loans under this title for multifamily housing 


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1 to facilitate the acquisition of such multifamily housing 

2 properties in areas where the Secretary determines there 

3 is a risk of loss of affordable housing. 

4 ‘‘(h) TRANSFER OF RENTAL ASSISTANCE.—After the 

5 loan or loans for a rental project originally financed under 

6 section 515 or both sections 514 and 516 have matured 

7 or have been prepaid and the owner has chosen not to 

8 restructure the loan pursuant to subsection (c), a tenant 

9 residing in such project shall have 18 months prior to loan 

10 maturation or prepayment to transfer the rental assist11 ance assigned to the tenant’s unit to another rental project 

12 originally financed under section 515 or both sections 514 

13 and 516, and the owner of the initial project may rent 

14 the tenant’s previous unit to a new tenant without income 

15 restrictions. 

16 ‘‘(i) ADMINISTRATIVE EXPENSES.—Of any amounts 

17 made available for the program under this section for any 

18 fiscal year, the Secretary may use not more than 

19 $1,000,000 for administrative expenses for carrying out 

20 such program. 

21 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 

22 is authorized to be appropriated for the program under 

23 this section $100,000,000 for each of the fiscal years 2023 

24 through 2027.’’. 


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1 SEC. 227. AMOUNT OF VOUCHER ASSISTANCE. 

2 Notwithstanding any other provision of law, the 

3 amount of the monthly assistance payment for the house4 hold on whose behalf a rural housing voucher is provided 

5 pursuant to section 542 of the Housing Act of 1949 (42 

6 U.S.C. 1490r), shall be determined in accordance with 

7 subsection (a) of such section 542. 

8 SEC. 228. FUNDING FOR MULTIFAMILY TECHNICAL IM9 PROVEMENTS. 

10 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to the Department of Agri12 culture $50,000,000 for fiscal year 2023, which shall be 

13 used to improve the technology of the Department of Agri14 culture that is used to process loans for multifamily hous15 ing and otherwise managing such housing. 

16 (b) AVAILABILITY OF FUNDS.—The improvements 

17 authorized under subsection (a) shall be made during the 

18 5-year period beginning upon the date that the amounts 

19 appropriated under such subsection are available. Such 

20 amounts shall remain available until the last day of such 

21 5-year period. 

22 SEC. 229. PLAN FOR PRESERVING AFFORDABILITY OF 

23 RENTAL PROJECTS. 

24 (a) PLAN.—Not later than 6 months after the date 

25 of the enactment of this Act, the Secretary of Agriculture 

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1 mit a written plan to Congress for preserving the afford2 ability for low-income families of rental projects for which 

3 loans were made under section 514 or 515 of the Housing 

4 Act of 1949 (42 U.S.C. 1484 and 1485) and avoiding the 

5 displacement of tenant households. Such plan shall— 

6 (1) set forth specific performance goals and 

7 measures; 

8 (2) set forth the specific actions and mecha9 nisms by which such goals will be achieved; 

10 (3) set forth specific measurements by which 

11 progress towards achievement of each goal can be 

12 measured; 

13 (4) provide for detailed reporting on outcomes; 

14 and 

15 (5) include any legislative recommendations to 

16 assist in achievement of the goals under the plan. 

17 (b) CONSULTATION.— 

18 (1) IN GENERAL.—Not less frequently than 

19 quarterly, the Secretary shall consult with the indi20 viduals described in paragraph (2) to assist the Sec21 retary— 

22 (A) in preserving the properties described 

23 in subsection (a) through the housing preserva24 tion and revitalization program authorized 


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1 under section 545 of the Housing Act of 1949, 

2 as added by section 226; and 

3 (B) in implementing the plan required 

4 under subsection (a). 

5 (2) CONSULTEES.—The individuals described in 

6 this paragraph are— 

7 (A) a State Director of Rural Development 

8 for the Department of Agriculture; 

9 (B) the Administrator for Rural Housing 

10 Service of the Department of Agriculture; 

11 (C) 2 representatives of for-profit devel12 opers or owners of multifamily rural rental 

13 housing; 

14 (D) 2 representatives of nonprofit devel15 opers or owners of multifamily rural rental 

16 housing; 

17 (E) 2 representatives of State housing fi18 nance agencies; 

19 (F) 2 representatives of tenants of multi20 family rural rental housing; 

21 (G) 1 representative of a community devel22 opment financial institution that is involved in 

23 preserving the affordability of housing assisted 

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1 ing Act of 1949 (42 U.S.C. 1484, 1485, and 

2 1486); 

3 (H) 1 representative of a nonprofit organi4 zation that operates nationally and has actively 

5 participated in the preservation of housing as6 sisted by the Rural Housing Service by con7 ducting research regarding, and providing fi8 nancing and technical assistance for, preserving 

9 the affordability of such housing; 

10 (I) 1 representative of low-income housing 

11 tax credit investors; 

12 (J) 1 representative of regulated financial 

13 institutions that finance affordable multifamily 

14 rural rental housing developments; and 

15 (K) 2 representatives from nonprofit orga16 nizations representing farm workers, including 

17 one organization representing farm worker 

18 women. 

19 (3) CONDUCT OF CONSULTATIONS.—In con20 sulting with the individuals described in paragraph 

21 (2), the Secretary may request that such individ22 uals— 

23 (A) assist the Rural Housing Service of 

24 the Department of Agriculture to improve esti25 mates of the size, scope, and condition of the 


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1 rental housing portfolio of the Service, includ2 ing the time frames for maturity of mortgages 

3 and costs for preserving the portfolio as afford4 able housing; 

5 (B) review current policies and procedures 

6 of the Rural Housing Service regarding— 

7 (i) the preservation of affordable rent8 al housing financed under sections 514, 

9 515, 516, and 538 of the Housing Act of 

10 1949 (42 U.S.C. 1484, 1485, 1486, and 

11 1490); 

12 (ii) the housing preservation and revi13 talization program authorized under sec14 tion 545 of such Act, as added by section 

15 226; and 

16 (iii) the rental assistance program; 

17 (C) make recommendations regarding im18 provements and modifications to the policies 

19 and procedures referred to in subparagraph 

20 (B); and 

21 (D) provide ongoing review of Rural Hous22 ing Service program results. 

23 (4) TRAVEL COSTS.—Any amounts made avail24 able for administrative costs of the Department of 

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1 viduals described in paragraph (2) to carry out the 

2 activities described in paragraph (3). 

3 SEC. 230. COVERED HOUSING PROGRAMS. 

4 Section 41411(a)(3) of the Violence Against Women 

5 Act of 1994 (34 U.S.C. 12491(a)(3)) is amended— 

6 (1) in subparagraph (O), by striking ‘‘and’’ at 

7 the end; 

8 (2) by redesignating subparagraph (P) as sub9 paragraph (Q); and 

10 (3) by inserting after subparagraph (O) the fol11 lowing: 

12 ‘‘(P) rural development housing voucher 

13 assistance provided by the Secretary of Agri14 culture pursuant to section 542 of the Housing 

15 Act of 1949 (42 U.S.C. 1490r), without regard 

16 to subsection (b) of such section, and applicable 

17 appropriation Acts; and’’. 

18 SEC. 231. ELIGIBILITY OF CERTIFIED WORKERS. 

19 Section 214(a) of the Housing and Community De20 velopment Act of 1980 (42 U.S.C. 1436a(a)) is amend21 ed— 

22 (1) in paragraph (6), by striking ‘‘or’’ at the 

23 end; 

24 (2) by redesignating paragraph (7) as para25 graph (8); and 


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1 (3) by inserting after paragraph (6) the fol2 lowing: 

3 ‘‘(7) an alien granted certified agricultural 

4 worker or certified agricultural dependent status 

5 under title I of the Affordable and Secure Food Act 

6 of 2022, but solely for financial assistance made 

7 available pursuant to section 521 or 542 of the 

8 Housing Act of 1949 (42 U.S.C. 1490a and 1490r); 

9 or’’. 

10 Subtitle C—Foreign Labor 

11 Recruiter Accountability 

12 SEC. 251. DEFINITIONS. 

13 In this subtitle: 

14 (1) FOREIGN LABOR RECRUITER.—The term 

15 ‘‘foreign labor recruiter’’ means any person who per16 forms foreign labor recruiting activity in exchange 

17 for money or other valuable consideration paid or 

18 promised to be paid, to recruit individuals to work 

19 as nonimmigrant workers described in section 

20 101(a)(15)(H)(ii)(a) of the Immigration and Nation21 ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)), including 

22 any person who performs foreign labor recruiting ac23 tivity wholly outside of the United States. Such term 

24 does not include any entity of the United States 

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1 ployer, who engages in foreign labor recruiting activ2 ity solely to find employees for that employer’s own 

3 use, and without the participation of any other for4 eign labor recruiter. 

5 (2) FOREIGN LABOR RECRUITING ACTIVITY.— 

6 The term ‘‘foreign labor recruiting activity’’ means 

7 recruiting, soliciting, or related activities with re8 spect to an individual who resides outside of the 

9 United States in furtherance of employment in the 

10 United States, including when such activity occurs 

11 wholly outside of the United States. 

12 (3) PERSON.—The term ‘‘person’’ means any 

13 natural person or any corporation, company, firm, 

14 partnership, joint stock company or association or 

15 other organization or entity (whether organized 

16 under law or not), including municipal corporations. 

17 (4) RECRUITMENT FEES.—The term ‘‘recruit18 ment fees’’ has the meaning given to such term 

19 under section 22.1702 of title 22 of the Code of 

20 Federal Regulations, as in effect on the date of en21 actment of this Act. 

22 SEC. 252. REGISTRATION OF FOREIGN LABOR RECRUITERS. 

23 (a) IN GENERAL.—Not later than 1 year after the 

24 date of the enactment of this Act, the Secretary of Labor, 

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1 retary of Homeland Security, shall establish procedures 

2 for the electronic registration of foreign labor recruiters 

3 engaged in the recruitment of nonimmigrant workers de4 scribed in section 101(a)(15)(H)(ii)(a) of the Immigration 

5 and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) to 

6 perform agricultural labor or services in the United States. 

7 (b) PROCEDURAL REQUIREMENTS.—The procedures 

8 described in subsection (a) shall— 

9 (1) require the applicant to submit a sworn dec10 laration— 

11 (A) stating the applicant’s permanent 

12 place of residence or principal place of business, 

13 as applicable; 

14 (B) describing the foreign labor recruiting 

15 activities in which the applicant is engaged; and 

16 (C) including such other relevant informa17 tion as the Secretary of Labor and the Sec18 retary of State may require; 

19 (2) include an expeditious means to update and 

20 renew registrations; 

21 (3) include a process, which shall include the 

22 placement of personnel at each United States diplo23 matic mission in accordance with subsection (g)(2), 

24 to receive information from the public regarding for25 eign labor recruiters who have allegedly engaged in 


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1 a foreign labor recruiting activity that is prohibited 

2 under this subtitle; 

3 (4) include procedures for the receipt and proc4 essing of complaints against foreign labor recruiters 

5 and for remedies, including the revocation of a reg6 istration or the assessment of fines upon a deter7 mination by the Secretary of Labor that the foreign 

8 labor recruiter has violated the requirements under 

9 this subtitle; 

10 (5) require the applicant to post a bond in an 

11 amount sufficient to ensure the ability of the appli12 cant to discharge its responsibilities and ensure pro13 tection of workers, including payment of wages; and 

14 (6) allow the Secretary of Labor and the Sec15 retary of State to consult with other appropriate 

16 Federal agencies to determine whether any reason 

17 exists to deny registration to a foreign labor re18 cruiter or revoke such registration. 

19 (c) ATTESTATIONS.—Foreign labor recruiters reg20 istering under this subtitle shall attest and agree to abide 

21 by the following requirements: 

22 (1) PROHIBITED FEES.—The foreign labor re23 cruiter, including any agent or employee of such for24 eign labor recruiter, shall not assess any recruitment 


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1 fees on a worker for any foreign labor recruiting ac2 tivity. 

3 (2) PROHIBITION ON FALSE AND MISLEADING

4 INFORMATION.—The foreign labor recruiter shall not 

5 knowingly provide materially false or misleading in6 formation to any worker concerning any matter re7 quired to be disclosed under this subtitle. 

8 (3) REQUIRED DISCLOSURES.—The foreign 

9 labor recruiter shall ascertain and disclose to the 

10 worker in writing in English and in the primary lan11 guage of the worker at the time of the worker’s re12 cruitment, the following information: 

13 (A) The identity and address of the em14 ployer and the identity and address of the per15 son conducting the recruiting on behalf of the 

16 employer, including each subcontractor or agent 

17 involved in such recruiting. 

18 (B) A copy of the approved job order or 

19 work contract under section 218 of the Immi20 gration and Nationality Act (8 U.S.C. 1188), 

21 including all assurances and terms and condi22 tions of employment. 

23 (C) A statement, in a form specified by the 

24 Secretary— 


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1 (i) describing the general terms and 

2 conditions associated with obtaining an H– 

3 2A nonimmigrant visa and maintaining H– 

4 2A nonimmigrant status; 

5 (ii) affirming the prohibition on the 

6 assessment of fees described in paragraph 

7 (1), and explaining that such fees, if paid 

8 by the employer, may not be passed on to 

9 the worker; 

10 (iii) describing the protections af11 forded the worker under this subtitle, in12 cluding procedures for reporting violations 

13 to the Secretary of State, filing a com14 plaint with the Secretary of Labor, or fil15 ing a civil action; and 

16 (iv) describing the protections af17 forded the worker by section 202 of the 

18 William Wilberforce Trafficking Victims 

19 Protection Reauthorization Act of 2008 (8 

20 U.S.C. 1375b), including the telephone 

21 number for the national human trafficking 

22 resource center hotline number. 

23 (4) BOND.—The foreign labor recruiter shall 

24 agree to maintain a bond sufficient to ensure the 

25 ability of the foreign labor recruiter to discharge its 


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1 responsibilities and ensure protection of workers, 

2 and to forfeit such bond in an amount determined 

3 by the Secretary under subsections (b)(1)(C)(ii) or 

4 (c)(2)(C) of section 253 for failure to comply with 

5 the provisions under this subtitle. 

6 (5) COOPERATION IN INVESTIGATION.—The 

7 foreign labor recruiter shall agree to cooperate in 

8 any investigation under section 253 by the Secretary 

9 or other appropriate authorities. 

10 (6) NO RETALIATION.—The foreign labor re11 cruiter shall agree to refrain from intimidating, 

12 threatening, restraining, coercing, discharging, 

13 blacklisting or in any other manner discriminating 

14 or retaliating against any worker or their family 

15 members (including a former worker or an applicant 

16 for employment) because such worker disclosed in17 formation to any person based on a reason to believe 

18 that the foreign labor recruiter, or any agent or sub19 contractee of such foreign labor recruiter, is engag20 ing or has engaged in a foreign labor recruiting ac21 tivity that does not comply with this subtitle. 

22 (7) EMPLOYEES, AGENTS, AND

23 SUBCONTRACTEES.—The foreign labor recruiter 

24 shall consent to be liable for the conduct of any 

25 agents or subcontractees of any level in relation to 


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1 the foreign labor recruiting activity of the agent or 

2 subcontractee to the same extent as if the foreign 

3 labor recruiter had engaged in such conduct. 

4 (8) ENFORCEMENT.—If the foreign labor re5 cruiter is conducting foreign labor recruiting activity 

6 wholly outside the United States, such foreign labor 

7 recruiter shall— 

8 (A) establish a registered agent in the 

9 United States who is authorized to accept serv10 ice of process on behalf of the foreign labor re11 cruiter for the purpose of any administrative 

12 proceeding under this title or in any civil action 

13 in any Federal or State court, if such service is 

14 made in accordance with the appropriate Fed15 eral or State rules for service of process, as ap16 plicable; and 

17 (B) as a condition of registration, consent 

18 to the jurisdiction of any Federal or State court 

19 in a State where recruited workers are placed. 

20 (d) TERM OF REGISTRATION.—Unless suspended or 

21 revoked, a registration under this section shall be valid 

22 for 2 years. 

23 (e) APPLICATION FEE.—The Secretary of Labor 

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1 sonable fee, sufficient to cover the full costs of carrying 

2 out the registration activities under this subtitle. 

3 (f) NOTIFICATION.— 

4 (1) EMPLOYER NOTIFICATION.— 

5 (A) IN GENERAL.—Not less frequently 

6 than once every year, an employer of H–2A 

7 workers shall provide the Secretary with the 

8 names and addresses of all foreign labor re9 cruiters engaged to perform foreign labor re10 cruiting activity on behalf of the employer, 

11 whether the foreign labor recruiter is to receive 

12 any economic compensation for such services, 

13 and, if so, the identity of the person or entity 

14 who is paying for the services. 

15 (B) AGREEMENT TO COOPERATE.—In ad16 dition to the requirements of subparagraph (A), 

17 the employer shall— 

18 (i) provide to the Secretary the iden19 tity of any foreign labor recruiter whom 

20 the employer has reason to believe is en21 gaging in foreign labor recruiting activities 

22 that do not comply with this subtitle; and 

23 (ii) promptly respond to any request 

24 by the Secretary for information regarding 

25 the identity of a foreign labor recruiter 


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1 with whom the employer has a contract or 

2 other agreement. 

3 (2) FOREIGN LABOR RECRUITER NOTIFICA4 TION.—A registered foreign labor recruiter shall no5 tify the Secretary, not less frequently than once 

6 every year, of the identity of any subcontractee, 

7 agent, or foreign labor recruiter employee involved in 

8 any foreign labor recruiting activity for, or on behalf 

9 of, the foreign labor recruiter. 

10 (g) ADDITIONAL RESPONSIBILITIES OF THE SEC11 RETARY OF STATE.— 

12 (1) LISTS.—The Secretary of State, in con13 sultation with the Secretary of Labor shall maintain 

14 and make publicly available in written form and on 

15 the websites of United States embassies in the offi16 cial language of that country, and on websites main17 tained by the Secretary of Labor, regularly updated 

18 lists— 

19 (A) of foreign labor recruiters who hold 

20 valid registrations under this section, includ21 ing— 

22 (i) the name and address of the for23 eign labor recruiter; 

24 (ii) the countries in which such re25 cruiters conduct recruitment; 


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1 (iii) the employers for whom recruit2 ing is conducted; 

3 (iv) the occupations that are the sub4 ject of recruitment; 

5 (v) the States where recruited workers 

6 are employed; and 

7 (vi) the name and address of the reg8 istered agent in the United States who is 

9 authorized to accept service of process on 

10 behalf of the foreign labor recruiter; and 

11 (B) of foreign labor recruiters whose reg12 istration the Secretary has revoked. 

13 (2) PERSONNEL.—The Secretary of State shall 

14 ensure that each United States diplomatic mission is 

15 staffed with a person who shall be responsible for re16 ceiving information from members of the public re17 garding potential violations of the requirements ap18 plicable to registered foreign labor recruiters and en19 suring that such information is conveyed to the Sec20 retary of Labor for evaluation and initiation of an 

21 enforcement action, if appropriate. 

22 (3) VISA APPLICATION PROCEDURES.—The Sec23 retary of State shall ensure that consular officers 

24 issuing visas to nonimmigrants under section 


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1 101(a)(1)(H)(ii)(a) of the Immigration and Nation2 ality Act (8 U.S.C. 11001(a)(1)(H)(ii)(a))— 

3 (A) provide to and review with the appli4 cant, in the applicant’s language (or a language 

5 the applicant understands), a copy of the infor6 mation and resources pamphlet required by sec7 tion 202 of the William Wilberforce Trafficking 

8 Victims Protection Reauthorization Act of 2008 

9 (8 U.S.C. 1375b); 

10 (B) ensure that the applicant has a copy of 

11 the approved job offer or work contract; 

12 (C) note in the visa application file wheth13 er the foreign labor recruiter has a valid reg14 istration under this section; and 

15 (D) if the foreign labor recruiter holds a 

16 valid registration, review and include in the visa 

17 application file, the foreign labor recruiter’s dis18 closures required by subsection (c)(3). 

19 (4) DATA.—The Secretary of State shall make 

20 publicly available online, on an annual basis, data 

21 disclosing the gender, country of origin (and State, 

22 county, or province, if available), age, wage, level of 

23 training, and occupational classification, 

24 disaggregated by State, of nonimmigrant workers 

25 described in section 101(a)(15)(H)(ii)(a) of the ImVerDate Sep 11 2014 00:05 Dec 31, 2022 Jkt 039200 PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 E:\BILLS\S5282.IS S5282

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1 migration and Nationality Act (8 U.S.C. 

2 1101(a)(15)(H)(ii)(a)). 

3 SEC. 253. ENFORCEMENT. 

4 (a) DENIAL OR REVOCATION OF REGISTRATION.— 

5 (1) GROUNDS FOR DENIAL OR REVOCATION.— 

6 The Secretary of Labor shall deny an application for 

7 registration, or revoke a registration, if the Sec8 retary determines that the foreign labor recruiter, or 

9 any agent or subcontractee of such foreign labor re10 cruiter— 

11 (A) knowingly made a material misrepre12 sentation in the registration application; 

13 (B) materially failed to comply with one or 

14 more of the attestations provided under section 

15 252(c); or 

16 (C) is not the real party in interest. 

17 (2) NOTICE.—Before denying an application for 

18 registration or revoking a registration under this 

19 subsection, the Secretary of Labor shall provide 

20 written notice of the intent to deny or revoke the 

21 registration to the foreign labor recruiter. Such no22 tice shall— 

23 (A) articulate with specificity all grounds 

24 for denial or revocation; and 


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1 (B) provide the foreign labor recruiter with 

2 not less than 60 days to respond. 

3 (3) RE-REGISTRATION.—A foreign labor re4 cruiter whose registration was revoked under sub5 section (a) may re-register if the foreign labor re6 cruiter demonstrates, to the Secretary of Labor’s 

7 satisfaction, that the foreign labor recruiter— 

8 (A) has not violated any requirement 

9 under this subtitle during the 5-year period im10 mediately preceding the date on which an appli11 cation for registration was filed; and 

12 (B) has taken sufficient steps to prevent 

13 future violations of this subtitle. 

14 (b) ADMINISTRATIVE ENFORCEMENT.— 

15 (1) COMPLAINT PROCESS.— 

16 (A) FILING.—A complaint may be filed 

17 with the Secretary of Labor, in accordance with 

18 the procedures established under section 

19 252(b)(4) not later than 2 years after the ear20 lier of— 

21 (i) the date on which the last action 

22 constituting the conduct that is the subject 

23 of the complaint took place; or 


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1 (ii) the date on which the aggrieved 

2 party had actual knowledge of such con3 duct. 

4 (B) DECISION AND PENALTIES.—If the 

5 Secretary of Labor determines, after notice and 

6 an opportunity for a hearing, that a foreign 

7 labor recruiter failed to comply with any of the 

8 requirements under this subtitle, the Secretary 

9 of Labor may— 

10 (i) levy a fine against the foreign 

11 labor recruiter in an amount not more 

12 than— 

13 (I) $10,000 per violation; and 

14 (II) $25,000 per violation, upon 

15 the third violation; 

16 (ii) order the forfeiture (or partial for17 feiture) of the bond and release of as much 

18 of the bond as the Secretary determines is 

19 necessary for the worker to recover prohib20 ited recruitment fees; 

21 (iii) refuse to issue or renew a reg22 istration, or revoke a registration; or 

23 (iv) disqualify the foreign labor re24 cruiter from registration for a period of up 

25 to 5 years, or in the case of a subsequent 


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1 finding involving willful or multiple mate2 rial violations, permanently disqualify the 

3 foreign labor recruiter from registration. 

4 (2) AUTHORITY TO ENSURE COMPLIANCE.—The 

5 Secretary of Labor is authorized to take other such 

6 actions, including issuing subpoenas and seeking ap7 propriate injunctive relief, as may be necessary to 

8 assure compliance with the terms and conditions of 

9 this subtitle. 

10 (3) STATUTORY CONSTRUCTION.—Nothing in 

11 this subsection may be construed as limiting the au12 thority of the Secretary of Labor to conduct an in13 vestigation— 

14 (A) under any other law, including any law 

15 affecting migrant and seasonal agricultural 

16 workers; or 

17 (B) in the absence of a complaint. 

18 (c) CIVIL ACTION.— 

19 (1) IN GENERAL.—The Secretary of Labor or 

20 any person aggrieved by a violation of this subtitle 

21 may bring a civil action against any foreign labor re22 cruiter, or any employer that does not meet the re23 quirements under subsection (d)(1), in any court of 

24 competent jurisdiction— 


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1 (A) to seek remedial action, including in2 junctive relief; and 

3 (B) for damages in accordance with the 

4 provisions of this subsection. 

5 (2) AWARD FOR CIVIL ACTION FILED BY AN IN6 DIVIDUAL.— 

7 (A) IN GENERAL.—If a court finds, in a 

8 civil action filed by an individual under para9 graph (1), that the defendant has violated any 

10 provision of this subtitle, the court may 

11 award— 

12 (i) damages, up to and including an 

13 amount equal to the amount of actual 

14 damages, and statutory damages of up to 

15 $1,000 per plaintiff per violation, or other 

16 equitable relief, except that with respect to 

17 statutory damages— 

18 (I) multiple infractions of a sin19 gle provision of this subtitle (or of a 

20 regulation under this subtitle) shall 

21 constitute only one violation for pur22 poses of this subsection to determine 

23 the amount of statutory damages due 

24 a plaintiff; and 


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1 (II) if such complaint is certified 

2 as a class action the court may 

3 award— 

4 (aa) damages up to an 

5 amount equal to the amount of 

6 actual damages; and 

7 (bb) statutory damages of 

8 not more than the lesser of up to 

9 $1,000 per class member per vio10 lation, or up to $500,000; and 

11 other equitable relief; 

12 (ii) reasonable attorneys’ fees and 

13 costs; and 

14 (iii) such other and further relief as 

15 necessary to effectuate the purposes of this 

16 subtitle. 

17 (B) CRITERIA.—In determining the 

18 amount of statutory damages to be awarded 

19 under subparagraph (A), the court may con20 sider whether an attempt was made to resolve 

21 the issues in dispute before the resort to litiga22 tion. 

23 (C) BOND.—To satisfy the damages, fees, 

24 and costs found owing under this paragraph, 

25 the Secretary shall release as much of the bond 


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1 held pursuant to section 252(c)(4) as is nec2 essary. 

3 (3) SUMS RECOVERED IN ACTIONS BY THE SEC4 RETARY OF LABOR.— 

5 (A) ESTABLISHMENT OF ACCOUNT.— 

6 There is established in the general fund of the 

7 Treasury a separate account, which shall be 

8 known as the ‘‘H–2A Foreign Labor Recruiter 

9 Compensation Account’’. Notwithstanding any 

10 other provisions of law, there shall be deposited, 

11 as offsetting receipts into such account, all 

12 sums recovered in an action by the Secretary of 

13 Labor under this subsection. 

14 (B) USE OF FUNDS.—Amounts deposited 

15 into the H–2A Foreign Labor Recruiter Com16 pensation Account shall be paid directly to each 

17 worker affected by a violation under this sub18 title. Any such sums not paid to a worker be19 cause of inability to do so within a period of 5 

20 years following the date such funds are depos21 ited into the account shall remain available to 

22 the Secretary until expended. The Secretary 

23 may transfer all or a portion of such remaining 

24 sums to appropriate agencies to support the en25 forcement of the laws prohibiting the trafficking 


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1 and exploitation of persons or programs that 

2 aid trafficking victims. 

3 (d) EMPLOYER SAFE HARBOR.— 

4 (1) IN GENERAL.—An employer that hires 

5 workers referred by a foreign labor recruiter with a 

6 valid registration at the time of hiring shall not be 

7 held jointly liable for a violation committed solely by 

8 a foreign labor recruiter under this subtitle— 

9 (A) in any administrative action initiated 

10 by the Secretary concerning such violation; or 

11 (B) in any Federal or State civil court ac12 tion filed against the foreign labor recruiter by 

13 or on behalf of such workers or other aggrieved 

14 party under this subtitle. 

15 (2) RULE OF CONSTRUCTION.—Nothing in this 

16 subtitle may be construed to prohibit an aggrieved 

17 party or parties from bringing a civil action for vio18 lations of this subtitle or any other Federal or State 

19 law against any employer who hired workers referred 

20 by a foreign labor recruiter— 

21 (A) without a valid registration at the time 

22 of hire; or 

23 (B) with a valid registration if the em24 ployer knew or learned of the violation and 


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1 failed to report such violation to the Secretary 

2 of Labor. 

3 (e) PAROLE TO PURSUE RELIEF.—If other immigra4 tion relief is not available, the Secretary of Homeland Se5 curity may grant parole to permit an individual to remain 

6 legally in the United States for time sufficient to fully and 

7 effectively participate in all legal proceedings related to 

8 any action taken pursuant to subsection (b) or (c) or sec9 tion 202, 204, or 206. 

10 (f) WAIVER OF RIGHTS.—Agreements by employees 

11 purporting to waive or to modify their rights under this 

12 subtitle shall be void as contrary to public policy. 

13 (g) LIABILITY FOR AGENTS.—Foreign labor recruit14 ers shall be subject to the provisions of this section for 

15 violations committed by the foreign labor recruiter’s 

16 agents or subcontractees of any level in relation to their 

17 foreign labor recruiting activity to the same extent as if 

18 the foreign labor recruiter had committed such a violation. 

19 SEC. 254. AUTHORIZATION OF APPROPRIATIONS. 

20 There is authorized to be appropriated such sums as 

21 may be necessary for the Secretary of Labor and the Sec22 retary of State to carry out the provisions of this subtitle. 


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1 TITLE III—ELECTRONIC 

2 VERIFICATION OF EMPLOY3 MENT ELIGIBILITY 

4 SEC. 301. ELECTRONIC EMPLOYMENT ELIGIBILITY 

5 VERIFICATION SYSTEM. 

6 (a) IN GENERAL.—Chapter 8 of title II of the Immi7 gration and Nationality Act (8 U.S.C. 1321 et seq.) is 

8 amended by inserting after section 274D the following: 

9 ‘‘SEC. 274E. REQUIREMENTS FOR THE ELECTRONIC 

10 VERIFICATION OF EMPLOYMENT ELIGI11 BILITY. 

12 ‘‘(a) EMPLOYMENT ELIGIBILITY VERIFICATION SYS13 TEM.— 

14 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

15 Security (referred to in this section as the ‘Sec16 retary’) shall establish and administer an electronic 

17 verification system (referred to in this section as the 

18 ‘System’), patterned on the E-Verify Program de19 scribed in section 403(a) of the Illegal Immigration 

20 Reform and Immigrant Responsibility Act of 1996 

21 (8 U.S.C. 1324a note) (as in effect on the day be22 fore the effective date described in section 303(a)(4) 

23 of the Affordable and Secure Food Act of 2022), 

24 and using the employment eligibility confirmation 

25 system established under section 404 of such Act (8 


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1 U.S.C. 1324a note) (as so in effect) as a foundation, 

2 through which the Secretary shall— 

3 ‘‘(A) respond to legitimate inquiries made 

4 by persons or entities seeking to verify the iden5 tity and employment authorization of individ6 uals that such persons or entities have hired, or 

7 to recruit or refer for a fee, for employment in 

8 the United States; and 

9 ‘‘(B) maintain records of the inquiries that 

10 were made, and of verifications provided (or not 

11 provided) to such persons or entities as evidence 

12 of compliance with the requirements of this sec13 tion. 

14 ‘‘(2) INITIAL RESPONSE DEADLINE.— 

15 ‘‘(A) IN GENERAL.—The System shall pro16 vide confirmation or a tentative nonconfirma17 tion of an individual’s identity and employment 

18 authorization as soon as practicable, but not 

19 later than 3 calendar days after the initial in20 quiry. 

21 ‘‘(B) EXTENSION OF TIME PERIOD.—If a 

22 person or other entity attempts in good faith to 

23 make an inquiry through the System during a 

24 period in which the System is offline due to a 

25 technical issue, a natural disaster, or another 


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1 reason, the System shall provide the confirma2 tion or nonconfirmation required under sub3 paragraph (A) as soon as practicable after the 

4 System becomes fully operational. 

5 ‘‘(3) GENERAL DESIGN AND OPERATION OF

6 SYSTEM.—The Secretary shall design and operate 

7 the System— 

8 ‘‘(A) using responsive web design and 

9 other technology approaches to maximize its 

10 ease of use and accessibility for users on a vari11 ety of electronic devices and screen sizes, and in 

12 remote locations; 

13 ‘‘(B) to maximize the accuracy of re14 sponses to inquiries submitted by persons or en15 tities; 

16 ‘‘(C) to maximize the reliability of the Sys17 tem and to register each instance when the Sys18 tem is unable to receive inquiries; 

19 ‘‘(D) to maintain and safeguard the pri20 vacy and security of the personally identifiable 

21 information maintained by or submitted to the 

22 System, in accordance with applicable law; 

23 ‘‘(E) to provide direct notification of an in24 quiry to an individual with respect to whom the 

25 inquiry is made, including the results of such 


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1 inquiry, and information related to the process 

2 for challenging the results, in cases in which the 

3 individual has established a user account as de4 scribed in paragraph (4)(B) or an electronic 

5 mail or messaging address for the individual is 

6 submitted by the person or entity at the time 

7 the inquiry is made; and 

8 ‘‘(F) to maintain appropriate administra9 tive, technical, and physical safeguards to pre10 vent misuse of the System and unfair immigra11 tion-related employment practices. 

12 ‘‘(4) MEASURES TO PREVENT IDENTITY THEFT

13 AND OTHER FORMS OF FRAUD.—To prevent identity 

14 theft and other forms of fraud, the Secretary shall 

15 design and operate the System with the following at16 tributes: 

17 ‘‘(A) PHOTO MATCHING TOOL.—The Sys18 tem shall display a digital photograph of the in19 dividual, if available, that corresponds to the 

20 document presented by an individual to estab21 lish identity and employment authorization so 

22 that the person or entity that makes an inquiry 

23 can compare the photograph displayed by the 

24 System to the photograph on the document pre25 sented by the individual. The individual may 


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1 not be deemed ineligible for employment solely 

2 for failure to match using the photo matching 

3 tool. The verification of an individual’s employ4 ment eligibility shall be made based on the to5 tality of the information available. 

6 ‘‘(B) INDIVIDUAL MONITORING AND SUS7 PENSION OF IDENTIFYING INFORMATION.—The 

8 System shall enable individuals to establish user 

9 accounts, after authentication of an individual’s 

10 identity, that would allow each individual— 

11 ‘‘(i) to confirm the individual’s own 

12 employment authorization; 

13 ‘‘(ii) to receive electronic notification 

14 when the individual’s Social Security ac15 count number or other personally identi16 fying information has been submitted to 

17 the System; 

18 ‘‘(iii) to monitor the use history of the 

19 individual’s personally identifying informa20 tion in the System, including the identities 

21 of all persons or entities that have sub22 mitted such identifying information to the 

23 System, the date of each query run, and 

24 the System response for each query run; 


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1 ‘‘(iv) to suspend or limit the use of 

2 the individual’s Social Security account 

3 number or other personally identifying in4 formation for purposes of the System; and 

5 ‘‘(v) to provide notice to the Depart6 ment of Homeland Security of any sus7 pected identity fraud or other improper use 

8 of personally identifying information. 

9 ‘‘(C) BLOCKING MISUSED SOCIAL SECU10 RITY ACCOUNT NUMBERS.— 

11 ‘‘(i) IN GENERAL.—The Secretary, in 

12 consultation with the Commissioner of So13 cial Security (referred to in this section as 

14 the ‘Commissioner’), shall issue, after pub15 lication in the Federal Register and an op16 portunity for public comment, a final rule 

17 establishing a process by which Social Se18 curity account numbers that have been 

19 identified to be subject to unusual multiple 

20 use in the System or that are otherwise 

21 suspected or determined to have been com22 promised by identity fraud or other misuse, 

23 will be blocked from use in the System un24 less an individual using such a number es25 tablishes, through secure and fair proceVerDate Sep 11 2014 00:05 Dec 31, 2022 Jkt 039200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 E:\BILLS\S5282.IS S5282

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1 dures, that the individual is the legitimate 

2 holder of such number. 

3 ‘‘(ii) CONTINUATION OF EXISTING

4 SELF LOCK SYSTEM.—During the period in 

5 which the Commissioner of Social Security 

6 is developing the process required under 

7 clause (i), the Commissioner shall maintain 

8 the Self Lock system that permits individ9 uals to prevent unauthorized users from 

10 using their Social Security account num11 bers to confirm employment authorization 

12 through E-Verify. 

13 ‘‘(iii) NOTICE.—If the Secretary 

14 blocks or suspends a Social Security ac15 count number pursuant to this subpara16 graph, the Secretary shall provide notice to 

17 the persons or entities that have made in18 quiries to the System using such account 

19 number that the identity and employment 

20 authorization of the individual who pro21 vided such account number must be re22 verified. 

23 ‘‘(D) ADDITIONAL IDENTITY AUTHENTICA24 TION TOOL.—The Secretary shall develop addi25 tional security measures to adequately verify 


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1 the identity of an individual whose identity may 

2 not be verified using the photo matching tool 

3 described in subparagraph (A). Such additional 

4 security measures shall be— 

5 ‘‘(i) kept up to date with technological 

6 advances; 

7 ‘‘(ii) designed to provide a high level 

8 of certainty with respect to identity au9 thentication; and 

10 ‘‘(iii) designed to safeguard the indi11 vidual’s privacy and civil liberties. 

12 ‘‘(E) CHILD-LOCK PILOT PROGRAM.—The 

13 Secretary, in consultation with the Commis14 sioner, shall establish a reliable, secure pro15 gram, on a limited, pilot basis, for suspending 

16 or limiting the use of the Social Security ac17 count number or other personally identifying in18 formation of children for purposes of the Sys19 tem. 

20 ‘‘(5) RESPONSIBILITIES OF THE COMMISSIONER

21 OF SOCIAL SECURITY.—The Commissioner— 

22 ‘‘(A) in consultation with the Secretary, 

23 shall establish a reliable, secure method that, 

24 within the periods specified in paragraph (2) 

25 and subsection (b)(4)(D)(i)(II), compares the 


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1 name and Social Security account number pro2 vided in an inquiry against such information 

3 maintained by the Commissioner in order to 

4 validate (or not validate)— 

5 ‘‘(i) the information provided by the 

6 person or entity with respect to an indi7 vidual whose identity and employment au8 thorization the person or entity seeks to 

9 confirm; 

10 ‘‘(ii) the correspondence of the name 

11 and number; and 

12 ‘‘(iii) whether the individual has pre13 sented a Social Security account number 

14 that is not valid for employment; 

15 ‘‘(B) may not disclose or release Social Se16 curity information (other than such confirma17 tion or nonconfirmation) under the System ex18 cept as provided under this section; 

19 ‘‘(C) shall coordinate and provide the De20 partment of Homeland Security with access to 

21 the Social Security Administration’s systems 

22 that are necessary to resolve tentative noncon23 firmations without direct Social Security Ad24 ministration involvement; and 


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1 ‘‘(D) shall establish electronic or call-in 

2 resolution systems. 

3 ‘‘(6) RESPONSIBILITIES OF THE SECRETARY OF

4 HOMELAND SECURITY.— 

5 ‘‘(A) IN GENERAL.—The Secretary shall 

6 establish a reliable, secure method that, within 

7 the time periods specified in paragraph (2) and 

8 subsection (b)(4)(D)(i)(II), compares the name 

9 and identification or other authorization num10 ber (or any other information determined rel11 evant by the Secretary) that are provided in an 

12 inquiry against such information maintained or 

13 accessed by the Secretary in order to validate 

14 (or not validate)— 

15 ‘‘(i) the information provided; 

16 ‘‘(ii) the correspondence of the name 

17 and number; and 

18 ‘‘(iii) whether the individual is author19 ized to be employed in the United States. 

20 ‘‘(B) TRAINING.—The Secretary shall pro21 vide and regularly update required training and 

22 training materials on the use of the System for 

23 persons and entities making inquiries. 

24 ‘‘(C) AUDIT.—The Secretary shall provide 

25 for periodic auditing of the System to detect 


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1 and prevent misuse, discrimination, fraud, and 

2 identity theft, to protect privacy and assess 

3 System accuracy, and to preserve the integrity 

4 and security of the information in the System. 

5 ‘‘(D) NOTICE OF SYSTEM CHANGES.—The 

6 Secretary shall provide appropriate notification 

7 to persons and entities registered in the System 

8 of any change made by the Secretary or the 

9 Commissioner related to permitted and prohib10 ited documents, and use of the System. 

11 ‘‘(7) RESPONSIBILITIES OF THE SECRETARY OF

12 STATE.—As part of the System, the Secretary of 

13 State shall— 

14 ‘‘(A) provide to the Secretary with access 

15 to passport and visa information as needed to 

16 confirm that— 

17 ‘‘(i) a passport or passport card pre18 sented under subsection (b)(3)(A)(i) con19 firms the employment authorization and 

20 identity of the individual presenting such 

21 document; 

22 ‘‘(ii) a passport, passport card, or visa 

23 photograph matches the Secretary of 

24 State’s records; and 


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1 ‘‘(B) provide such assistance as the Sec2 retary may request to resolve tentative noncon3 firmations or final nonconfirmations relating to 

4 information described in subparagraph (A). 

5 ‘‘(8) UPDATING INFORMATION.—The Commis6 sioner, the Secretary, and the Secretary of State 

7 shall— 

8 ‘‘(A) update records in their custody in a 

9 manner that promotes maximum accuracy of 

10 the System; and 

11 ‘‘(B) provide a process for the prompt cor12 rection of erroneous information, including in13 stances in which it is brought to their attention 

14 through the tentative nonconfirmation review 

15 process under subsection (b)(4)(D). 

16 ‘‘(9) MANDATORY AND VOLUNTARY SYSTEM

17 USERS.— 

18 ‘‘(A) MANDATORY USERS.—Except as oth19 erwise provided under Federal or State law, in20 cluding sections 302 and 303 of the Affordable 

21 and Secure Food Act of 2022, nothing in this 

22 section may be construed to require the use of 

23 the System by any person or entity hiring, re24 cruiting, or referring for a fee, an individual for 

25 employment in the United States. 


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1 ‘‘(B) VOLUNTARY USERS.—Beginning 

2 after the date that is 30 days after the date on 

3 which final rules are published under section 

4 309(a) of the Affordable and Secure Food Act 

5 of 2022, a person or entity may use the System 

6 on a voluntary basis to seek verification of the 

7 identity and employment authorization of indi8 viduals who the person or entity is hiring, re9 cruiting, or referring for a fee for employment 

10 in the United States. 

11 ‘‘(C) PROCESS FOR NON-USERS.—The em12 ployment verification process for any person or 

13 entity hiring, recruiting, or referring for a fee, 

14 an individual for employment in the United 

15 States shall be governed by section 274A(b) un16 less the person or entity— 

17 ‘‘(i) is required by Federal or State 

18 law to use the System; or 

19 ‘‘(ii) has opted to use the System vol20 untarily in accordance with subparagraph 

21 (B). 

22 ‘‘(10) NO FEE FOR USE OR INCLUSION.—The 

23 Secretary may not charge a fee to any individual, 

24 person, or entity to use the System or to be included 

25 in the System. 


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1 ‘‘(11) SYSTEM SAFEGUARDS.— 

2 ‘‘(A) REQUIREMENT TO DEVELOP.—The 

3 Secretary, in consultation with the Commis4 sioner, the Secretary of State, and other appro5 priate Federal officials, shall— 

6 ‘‘(i) develop policies and procedures to 

7 ensure protection of the privacy and secu8 rity of personally identifiable information 

9 and identifiers contained in the records 

10 accessed or maintained by the System; and 

11 ‘‘(ii) develop and deploy appropriate 

12 privacy and security training for Federal 

13 employees accessing the records under the 

14 System. 

15 ‘‘(B) PRIVACY AUDITS.— 

16 ‘‘(i) IN GENERAL.—The Secretary, 

17 acting through the Chief Privacy Officer of 

18 the Department of Homeland Security, 

19 shall conduct regular privacy audits of the 

20 policies and procedures established pursu21 ant to subparagraph (A), including— 

22 ‘‘(I) any collection, use, dissemi23 nation, and maintenance of personally 

24 identifiable information; and 


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1 ‘‘(II) any associated information 

2 technology systems. 

3 ‘‘(ii) REVIEWS.—The Chief Privacy 

4 Officer shall— 

5 ‘‘(I) review the results of the au6 dits conducted pursuant to clause (i); 

7 and 

8 ‘‘(II) recommend to the Secretary 

9 any changes that may be necessary to 

10 improve the privacy protections of the 

11 System. 

12 ‘‘(C) PRIVACY AND ACCURACY CERTIFI13 CATION.—The Inspector General of the Depart14 ment of Homeland Security shall certify to the 

15 Secretary, the Committee on the Judiciary of 

16 the Senate, and the Committee on the Judiciary 

17 of the House of Representatives that— 

18 ‘‘(i) the System appropriately protects 

19 the privacy and security of personally iden20 tifiable information and identifiers con21 tained in the records accessed or main22 tained by the System; 

23 ‘‘(ii) during 2 consecutive years begin24 ning after the date of the enactment of the 

25 Affordable and Secure Food Act of 2022, 


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1 the System’s error rate is not higher than 

2 the error rate of the System during the 

3 preceding year; and 

4 ‘‘(iii) specific steps are being taken to 

5 continue to reduce such error rate. 

6 ‘‘(D) ACCURACY AUDITS.—Beginning on 

7 November 30 of the fiscal year beginning after 

8 the fiscal year during which the certification 

9 was submitted pursuant to subparagraph (C), 

10 and annually thereafter, the Inspector General 

11 of the Department of Homeland Security shall 

12 submit a report to the Secretary, the Com13 mittee on the Judiciary of the Senate, and the 

14 Committee on the Judiciary of the House of 

15 Representatives that— 

16 ‘‘(i) describes in detail— 

17 ‘‘(I) the error rate of the System 

18 during the previous fiscal year; and 

19 ‘‘(II) the methodology employed 

20 to prepare the report; and 

21 ‘‘(ii) includes recommendations for 

22 how the System’s error rate may be re23 duced. 

24 ‘‘(b) NEW HIRES, RECRUITMENT, AND REFERRAL.— 

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1 ferred to in paragraphs (1)(B) and (3) of section 274A(a) 

2 are, in the case of a person or entity that uses the System 

3 for the hiring, recruiting, or referring for a fee, an indi4 vidual for employment in the United States, the following: 

5 ‘‘(1) INDIVIDUAL ATTESTATION OF EMPLOY6 MENT AUTHORIZATION.—During the period begin7 ning on the date on which an offer of employment 

8 is accepted and ending on the date of hire, the indi9 vidual shall attest, under penalty of perjury on a 

10 form designated by the Secretary, that the individual 

11 is authorized to be employed in the United States by 

12 providing on such form— 

13 ‘‘(A) the individual’s name and date of 

14 birth; 

15 ‘‘(B) the individual’s Social Security ac16 count number (unless the individual has applied 

17 for and not yet been issued such a number); 

18 ‘‘(C) whether the individual is— 

19 ‘‘(i) a citizen or national of the United 

20 States; 

21 ‘‘(ii) an alien lawfully admitted for 

22 permanent residence; or 

23 ‘‘(iii) an alien who is otherwise au24 thorized by the Secretary to be employed 

25 in the United States; and 


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1 ‘‘(D) if the individual does not attest to 

2 United States citizenship or nationality, such 

3 identification or other authorization number es4 tablished by the Department of Homeland Se5 curity for the alien as the Secretary may speci6 fy. 

7 ‘‘(2) EMPLOYER ATTESTATION AFTER EXAM8 INATION OF DOCUMENTS.—Not later than 3 busi9 ness days after the date of hire, the individual or en10 tity shall attest, under penalty of perjury on the 

11 form designated under paragraph (1), the 

12 verification that the individual is not an unauthor13 ized alien by— 

14 ‘‘(A) obtaining from the individual the in15 formation described in paragraph (1) and re16 cording such information on the form; 

17 ‘‘(B) examining— 

18 ‘‘(i) a document described in para19 graph (3)(A); or 

20 ‘‘(ii) a document described in para21 graph (3)(B) and a document described in 

22 paragraph (3)(C); and 

23 ‘‘(C) attesting that the information re24 corded on the form is consistent with the docu25 ments examined. 


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1 ‘‘(3) ACCEPTABLE DOCUMENTS.— 

2 ‘‘(A) DOCUMENTS ESTABLISHING EMPLOY3 MENT AUTHORIZATION AND IDENTITY.—A doc4 ument described in this subparagraph is an in5 dividual’s— 

6 ‘‘(i) United States passport or pass7 port card; 

8 ‘‘(ii) permanent resident card that 

9 contains a photograph; 

10 ‘‘(iii) foreign passport containing tem11 porary evidence of lawful permanent resi12 dence in the form of an official I–551 (or 

13 successor) stamp from the Department of 

14 Homeland Security or a printed notation 

15 on a machine-readable immigrant visa; 

16 ‘‘(iv) unexpired employment author17 ization document that contains a photo18 graph; 

19 ‘‘(v) in the case of a nonimmigrant 

20 alien authorized to engage in employment 

21 for a specific employer incident to status, 

22 a foreign passport with Form I–94, Form 

23 I–94A, or other documentation as des24 ignated by the Secretary specifying the 

25 alien’s nonimmigrant status as long as 


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1 such status has not yet expired and the 

2 proposed employment is not in conflict 

3 with any restrictions or limitations identi4 fied in the documentation; 

5 ‘‘(vi) passport from the Federated 

6 States of Micronesia or the Republic of the 

7 Marshall Islands with Form I–94, Form I– 

8 94A, or other documentation as designated 

9 by the Secretary, indicating nonimmigrant 

10 admission under the Compact of Free As11 sociation Between the United States and 

12 the Federated States of Micronesia or the 

13 Republic of the Marshall Islands; or 

14 ‘‘(vii) another document designated by 

15 the Secretary, by notice published in the 

16 Federal Register, if the document— 

17 ‘‘(I) contains a photograph of the 

18 individual, biometric identification 

19 data, and other personal identifying 

20 information relating to the individual; 

21 ‘‘(II) is evidence of authorization 

22 for employment in the United States; 

23 and 


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•S 5282 IS

1 ‘‘(III) contains security features 

2 to make it resistant to tampering, 

3 counterfeiting, and fraudulent use. 

4 ‘‘(B) DOCUMENTS ESTABLISHING IDEN5 TITY.—A document described in this subpara6 graph is— 

7 ‘‘(i) an individual’s driver’s license or 

8 identification card if the license or card— 

9 ‘‘(I) was issued by a State or an 

10 outlying possession of the United 

11 States; 

12 ‘‘(II) contains a photograph and 

13 personal identifying information relat14 ing to the individual; and 

15 ‘‘(III) meets the requirements 

16 under section 202 of the REAL ID 

17 Act of 2005 (division B of Public Law 

18 109–13; 49 U.S.C. 30301 note) and 

19 complies with the travel rules under 

20 the Western Hemisphere Travel Ini21 tiative; 

22 ‘‘(ii) an individual’s unexpired United 

23 States military identification card; 

24 ‘‘(iii) an individual’s unexpired Native 

25 American tribal identification document 


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•S 5282 IS

1 issued by a tribal entity recognized by the 

2 Bureau of Indian Affairs; or 

3 ‘‘(iv) a document establishing identity 

4 that the Secretary determines, by notice 

5 published in the Federal Register, to be ac6 ceptable for purposes of this subparagraph, 

7 if such documentation contains— 

8 ‘‘(I) a photograph of the indi9 vidual and other personal identifying 

10 information relating to the individual; 

11 and 

12 ‘‘(II) security features to make it 

13 resistant to tampering, counterfeiting, 

14 and fraudulent use. 

15 ‘‘(C) DOCUMENTS ESTABLISHING EMPLOY16 MENT AUTHORIZATION.—A document described 

17 in this subparagraph is— 

18 ‘‘(i) an individual’s Social Security ac19 count number card (other than such a card 

20 which specifies on its face that the 

21 issuance of the card does not authorize em22 ployment in the United States); or 

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•S 5282 IS

1 eral Register, to be acceptable for purposes 

2 of this subparagraph if such documenta3 tion contains security features to make it 

4 resistant to tampering, counterfeiting, and 

5 fraudulent use. 

6 ‘‘(D) AUTHORITY TO PROHIBIT USE OF

7 CERTAIN DOCUMENTS.—If the Secretary deter8 mines that any document or class of documents 

9 described in subparagraph (A), (B), or (C) does 

10 not reliably establish identity or employment 

11 authorization or is being used fraudulently to 

12 an unacceptable degree, the Secretary, by notice 

13 published in the Federal Register, may prohibit 

14 or place conditions on the use of such document 

15 or class of documents for purposes of this sec16 tion. 

17 ‘‘(E) AUTHORITY TO WAIVE PHOTOGRAPH

18 REQUIREMENT.—The Secretary, in the sole dis19 cretion of the Secretary, may confirm the iden20 tity of an individual who submits a document 

21 described in subparagraph (B)(iv) that does not 

22 contain a photograph of the individual under 

23 exceptional circumstances, including the individ24 ual’s religious beliefs. 


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1 ‘‘(4) USE OF THE SYSTEM TO SCREEN IDEN2 TITY AND EMPLOYMENT AUTHORIZATION.— 

3 ‘‘(A) IN GENERAL.—A person or entity 

4 that uses the System for the hiring, recruiting, 

5 or referring for a fee an individual for employ6 ment in the United States, during the period 

7 described in subparagraph (B), shall submit an 

8 inquiry through the System to seek confirma9 tion of the identity and employment authoriza10 tion of the individual. 

11 ‘‘(B) CONFIRMATION PERIOD.— 

12 ‘‘(i) IN GENERAL.—Except as pro13 vided in clause (ii), and subject to sub14 section (d), the confirmation period shall 

15 begin on the date of hire and end on the 

16 date that is 3 business days after the date 

17 of hire, or such other reasonable period as 

18 the Secretary may prescribe. 

19 ‘‘(ii) SPECIAL RULE.—The confirma20 tion period of an alien who is authorized to 

21 be employed in the United States and pro22 vides evidence from the Social Security Ad23 ministration that the alien has applied for 

24 a Social Security account number shall end 


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1 3 business days after the alien receives 

2 such Social Security account number. 

3 ‘‘(C) CONFIRMATION.—A person or entity 

4 receiving confirmation of an individual’s iden5 tity and employment authorization shall record 

6 such confirmation on the form designated by 

7 the Secretary for purposes of paragraph (1). 

8 ‘‘(D) TENTATIVE NONCONFIRMATION.— 

9 ‘‘(i) IN GENERAL.—In cases of ten10 tative nonconfirmation, the Secretary, in 

11 consultation with the Commissioner, shall 

12 provide a process for— 

13 ‘‘(I) an individual to contest the 

14 tentative nonconfirmation not later 

15 than 10 business days after the date 

16 of the receipt of the notice described 

17 in clause (ii); and 

18 ‘‘(II) the Secretary to issue a 

19 confirmation or final nonconfirmation 

20 of an individual’s identity and employ21 ment authorization not later than 30 

22 days after the Secretary receives no23 tice from the individual contesting a 

24 tentative nonconfirmation. 


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1 ‘‘(ii) NOTICE.—Not later than 3 busi2 ness days after receiving a tentative non3 confirmation of an individual’s identity or 

4 employment authorization in the System, a 

5 person or entity shall— 

6 ‘‘(I) provide such individual with 

7 written notification— 

8 ‘‘(aa) in a language under9 stood by the individual; 

10 ‘‘(bb) on a form designated 

11 by the Secretary; and 

12 ‘‘(cc) that includes a de13 scription of the individual’s right 

14 to contest the tentative noncon15 firmation; and 

16 ‘‘(II) attest, under penalty of 

17 perjury, that the person or entity pro18 vided (or attempted to provide) such 

19 notice to the individual, who shall ac20 knowledge receipt of such notice in a 

21 manner specified by the Secretary. 

22 ‘‘(iii) NO CONTEST.— 

23 ‘‘(I) IN GENERAL.—A tentative 

24 nonconfirmation shall become final if, 


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1 upon receiving the notice described in 

2 clause (ii), the individual— 

3 ‘‘(aa) refuses to acknowledge 

4 receipt of such notice; 

5 ‘‘(bb) acknowledges in writ6 ing, in a manner specified by the 

7 Secretary, that the individual will 

8 not contest the tentative noncon9 firmation; or 

10 ‘‘(cc) fails to contest the 

11 tentative nonconfirmation within 

12 the 10-business-day period begin13 ning on the date the individual 

14 received such notice. 

15 ‘‘(II) RECORD OF NO CON16 TEST.—The person or entity shall— 

17 ‘‘(aa) indicate in the System 

18 that the individual refused to ac19 knowledge receipt of, or did not 

20 contest, the tentative noncon21 firmation; and 

22 ‘‘(bb) specify the reason that 

23 the tentative nonconfirmation be24 came final under subclause (I). 


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1 ‘‘(III) EFFECT OF FAILURE TO

2 CONTEST.—An individual’s failure to 

3 contest a tentative nonconfirmation 

4 shall not be considered an admission 

5 of any fact with respect to any viola6 tion of this Act or any other provision 

7 of law. 

8 ‘‘(iv) CONTEST.— 

9 ‘‘(I) IN GENERAL.—An individual 

10 may contest a tentative nonconfirma11 tion by using the tentative noncon12 firmation review process under clause 

13 (i), not later than 10 business days 

14 after receiving the notice described in 

15 clause (ii). Except as provided in 

16 clause (iii), the nonconfirmation shall 

17 remain tentative until a confirmation 

18 or final nonconfirmation is provided 

19 by the System. 

20 ‘‘(II) PROHIBITION ON TERMI21 NATION.—A person or entity may not 

22 terminate employment or take any ad23 verse employment action against an 

24 individual for failure to obtain con25 firmation of the individual’s identity 


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•S 5282 IS

1 and employment authorization until 

2 the person or entity receives a notice 

3 of final nonconfirmation from the Sys4 tem. Nothing in this subclause may be 

5 construed to prohibit an employer 

6 from terminating the employment of 

7 the individual for any other lawful 

8 reason. 

9 ‘‘(III) CONFIRMATION OR FINAL

10 NONCONFIRMATION.—The Secretary, 

11 in consultation with the Commis12 sioner, shall issue notice of a con13 firmation or final nonconfirmation of 

14 the individual’s identity and employ15 ment authorization not later than 30 

16 days after the date on which the Sec17 retary receives notice from the indi18 vidual contesting the tentative non19 confirmation. 

20 ‘‘(IV) CONTINUANCE.—If the rel21 evant data needed to confirm the 

22 identity of an individual is not main23 tained by the Department of Home24 land Security, the Social Security Ad25 ministration, or the Department of 


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•S 5282 IS

1 State, or if the employee is unable to 

2 contact the Department of Homeland 

3 Security or the Social Security Ad4 ministration, the Secretary, in the sole 

5 discretion of the Secretary, may place 

6 the case in continuance. 

7 ‘‘(E) FINAL NONCONFIRMATION.— 

8 ‘‘(i) NOTICE.—If a person or entity 

9 receives a final nonconfirmation of an indi10 vidual’s identity or employment authoriza11 tion, the person or entity, not later than 5 

12 business days after receiving such final 

13 nonconfirmation, shall— 

14 ‘‘(I) notify such individual of the 

15 final nonconfirmation in writing, on a 

16 form designated by the Secretary, 

17 which shall include information re18 garding the individual’s right to ap19 peal the final nonconfirmation in ac20 cordance with subparagraph (F); and 

21 ‘‘(II) attest, under penalty of 

22 perjury, that the person or entity pro23 vided (or attempted to provide) the 

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1 knowledge receipt of such notice in a 

2 manner designated by the Secretary. 

3 ‘‘(ii) TERMINATION OR NOTIFICATION

4 OF CONTINUED EMPLOYMENT.—If a per5 son or entity receives a final nonconfirma6 tion regarding an individual, the person or 

7 entity may terminate employment of the 

8 individual. If the person or entity does not 

9 terminate such employment pending appeal 

10 of the final nonconfirmation, the person or 

11 entity shall notify the Secretary of such 

12 fact through the System. Failure to notify 

13 the Secretary in accordance with this 

14 clause shall be deemed a violation of sec15 tion 274A(a)(1)(A). 

16 ‘‘(iii) PRESUMPTION OF VIOLATION

17 FOR CONTINUED EMPLOYMENT.—If a per18 son or entity continues to employ an indi19 vidual after receipt of a final nonconfirma20 tion, and an appeal of the nonconfirmation 

21 is not pending, there shall be a rebuttable 

22 presumption that the person or entity has 

23 violated paragraphs (1)(A) and (2) of sec24 tion 274A(a). 


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•S 5282 IS

1 ‘‘(F) APPEAL OF FINAL NONCONFIRMA2 TION.— 

3 ‘‘(i) ADMINISTRATIVE APPEAL.—The 

4 Secretary, in consultation with the Com5 missioner and the Assistant Attorney Gen6 eral for Civil Rights, shall develop a proc7 ess by which an individual may seek ad8 ministrative review of a final nonconfirma9 tion. Such process shall— 

10 ‘‘(I) permit the individual to sub11 mit additional evidence establishing 

12 identity or employment authorization; 

13 ‘‘(II) ensure prompt resolution of 

14 an appeal, including a response to the 

15 appeal in all circumstances within 60 

16 days; and 

17 ‘‘(III) permit the Secretary to 

18 impose a civil money penalty equal to 

19 not more than $500 on any individual 

20 who files a frivolous appeal or files an 

21 appeal for purposes of delay. 

22 ‘‘(ii) COMPENSATION FOR LOST

23 WAGES RESULTING FROM GOVERNMENT

24 ERROR OR OMISSION.— 


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•S 5282 IS

1 ‘‘(I) IN GENERAL.—If, upon con2 sideration of an appeal of a final non3 confirmation, the Secretary deter4 mines that the final nonconfirmation 

5 was issued in error, the Secretary 

6 shall further determine whether the 

7 final nonconfirmation was the result 

8 of government error or omission. If 

9 the Secretary determines that the 

10 final nonconfirmation was solely the 

11 result of Government error or omis12 sion and the individual was termi13 nated from employment, the Secretary 

14 shall compensate the individual for 

15 lost wages. 

16 ‘‘(II) CALCULATION OF LOST

17 WAGES.—Lost wages shall be cal18 culated based on the wage rate and 

19 work schedule that were in effect 

20 prior to the individual’s termination. 

21 The individual shall be compensated 

22 for lost wages beginning on the first 

23 scheduled work day after employment 

24 was terminated and ending 90 days 

25 after completion of the administrative 


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•S 5282 IS

1 review process described in this sub2 paragraph or the day the individual is 

3 reinstated or obtains other employ4 ment, whichever occurs first. 

5 ‘‘(III) LIMITATION ON COM6 PENSATION.—Compensation for lost 

7 wages may not be awarded for any pe8 riod during which the individual was 

9 not authorized for employment in the 

10 United States. 

11 ‘‘(IV) SOURCE OF FUNDS.— 

12 There is established in the general 

13 fund of the Treasury, a separate ac14 count, which shall be known as the 

15 ‘Electronic Verification Compensation 

16 Account’. Monetary penalties collected 

17 pursuant to subsections (f) and (g) 

18 shall be deposited in the Electronic 

19 Verification Compensation Account 

20 and shall remain available for pur21 poses of providing compensation for 

22 lost wages under this clause. 

23 ‘‘(iii) JUDICIAL REVIEW.—Not later 

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•S 5282 IS

1 vidual may seek judicial review of such dis2 missal in the United States District Court 

3 in the jurisdiction in which the employer 

4 resides or conducts business. 

5 ‘‘(5) RETENTION OF VERIFICATION RECORDS.— 

6 ‘‘(A) IN GENERAL.—After completing the 

7 form designated by the Secretary under para8 graph (1) with respect to an individual, a per9 son or entity shall retain such form in paper, 

10 microfiche, microfilm, electronic, or other for11 mat deemed acceptable by the Secretary, and 

12 make such form available for inspection by offi13 cers of the Department of Homeland Security, 

14 the Department of Justice, or the Department 

15 of Labor during the period beginning on the 

16 date the verification is completed and ending on 

17 the later of— 

18 ‘‘(i) the date that is 3 years after the 

19 date hire; or 

20 ‘‘(ii) the date that is 1 year after the 

21 date on which such individual’s employ22 ment is terminated. 

23 ‘‘(B) COPYING OF DOCUMENTATION PER24 MITTED.—Notwithstanding any other provision 

25 of law, a person or entity may, for the purpose 


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•S 5282 IS

1 of complying with the requirements under this 

2 section— 

3 ‘‘(i) copy a document presented by an 

4 individual pursuant to this subsection; and 

5 ‘‘(ii) retain such copy. 

6 ‘‘(c) REVERIFICATION OF PREVIOUSLY HIRED INDI7 VIDUALS.— 

8 ‘‘(1) MANDATORY REVERIFICATION.—A person 

9 or entity that uses the System for the hiring, re10 cruiting, or referring for a fee an individual for em11 ployment in the United States shall submit an in12 quiry through the System to verify the identity and 

13 employment authorization of— 

14 ‘‘(A) an individual with a limited period of 

15 employment authorization, when such employ16 ment authorization expires; 

17 ‘‘(B) an individual, not later than 10 days 

18 after receiving a notification from the Secretary 

19 requiring the verification of such individual pur20 suant to subsection (a)(4)(C); and 

21 ‘‘(C) an individual employed by an em22 ployer required to participate in the E-Verify 

23 Program described in section 403(a) of the Ille24 gal Immigration Reform and Immigrant Re25 sponsibility Act of 1996 (8 U.S.C. 1324a note) 


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1 by reason of any Federal, State, or local law, 

2 Executive order, rule, regulation, or delegation 

3 of authority, including employers required to 

4 participate in such program by reason of Fed5 eral acquisition laws (and regulations promul6 gated under such laws, including the Federal 

7 Acquisition Regulation). 

8 ‘‘(2) REVERIFICATION PROCEDURES.—The 

9 verification procedures under subsection (b) shall 

10 apply to reverifications under this subsection, except 

11 that employers shall— 

12 ‘‘(A) use a form designated by the Sec13 retary for purposes of this paragraph; and 

14 ‘‘(B) retain the form in paper, microfiche, 

15 microfilm, electronic, or other format approved 

16 by the Secretary, and make the form available 

17 for inspection by officers of the Department of 

18 Homeland Security, the Department of Justice, 

19 or the Department of Labor during the period 

20 beginning on the date the reverification com21 mences and ending on the later of— 

22 ‘‘(i) the date that is 3 years after the 

23 date of reverification; or 


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1 ‘‘(ii) the date that is 1 year after the 

2 date on which the individual’s employment 

3 is terminated. 

4 ‘‘(d) GOOD FAITH COMPLIANCE.— 

5 ‘‘(1) IN GENERAL.—Except as otherwise pro6 vided in this subsection, a person or entity that uses 

7 the System is considered to have complied with the 

8 requirements under this section notwithstanding a 

9 technical failure of the System, or other technical or 

10 procedural failure to meet such requirement if there 

11 was a good faith attempt to comply with such re12 quirement. 

13 ‘‘(2) EXCEPTION FOR FAILURE TO CORRECT

14 AFTER NOTICE.—Paragraph (1) shall not apply if— 

15 ‘‘(A) the failure of the person or entity to 

16 meet a requirement under this section is not de 

17 minimis; 

18 ‘‘(B) the Secretary has provided notice to 

19 the person or entity of such failure, including 

20 an explanation as to why such failure is not de 

21 minimis; 

22 ‘‘(C) the person or entity has been pro23 vided a period of not less than 30 days (begin24 ning after the date of the notice) to correct 

25 such failure; and 


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1 ‘‘(D) the person or entity has not corrected 

2 such failure voluntarily within such period. 

3 ‘‘(3) EXCEPTION FOR PATTERN OR PRACTICE

4 VIOLATORS.—Paragraph (1) shall not apply to a 

5 person or entity that has engaged or is engaging in 

6 a pattern or practice of violations of paragraph 

7 (1)(A) or (2) of section 274A(a). 

8 ‘‘(4) DEFENSE.—A person or entity that uses 

9 the System for the hiring, recruiting, or referring for 

10 a fee an individual for employment in the United 

11 States— 

12 ‘‘(A) shall not be liable to a job applicant, 

13 an employee, the Federal Government, or a 

14 State or local government, under Federal, 

15 State, or local criminal or civil law, for any em16 ployment-related action taken with respect to 

17 an employee in good-faith reliance on informa18 tion provided by the System; and 

19 ‘‘(B) shall be deemed to have established 

20 compliance with its obligations under this sec21 tion, absent a showing by the Secretary, by 

22 clear and convincing evidence, that the em23 ployer had knowledge that an employee is an 

24 unauthorized alien. 

25 ‘‘(e) LIMITATIONS.— 


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1 ‘‘(1) NO NATIONAL IDENTIFICATION CARD.— 

2 Nothing in this section may be construed to author3 ize, directly or indirectly, the issuance or use of na4 tional identification cards or the establishment of a 

5 national identification card. 

6 ‘‘(2) USE OF RECORDS.—Notwithstanding any 

7 other provision of law, nothing in this section may 

8 be construed to permit or allow any department, bu9 reau, or other agency of the United States Govern10 ment to utilize any information, database, or other 

11 records assembled under this section for any purpose 

12 other than the verification of identity and employ13 ment authorization of an individual or to ensure the 

14 secure, appropriate, and non-discriminatory use of 

15 the System. 

16 ‘‘(f) PENALTIES.— 

17 ‘‘(1) IN GENERAL.—Except as otherwise pro18 vided in this subsection, the provisions of sub19 sections (e) through (g) of section 274A shall apply 

20 with respect to compliance with the provisions under 

21 this section and penalties for noncompliance for per22 sons or entities that use the System. 

23 ‘‘(2) CEASE AND DESIST ORDER WITH CIVIL

24 MONEY PENALTIES FOR HIRING, RECRUITING, AND

25 REFERRAL VIOLATIONS.—Notwithstanding the civil 


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•S 5282 IS

1 money penalties set forth in section 274A(e)(4), with 

2 respect to a violation of paragraph (1)(A) or (2) of 

3 section 274A(a) by a person or entity that is subject 

4 to the provisions under this section that has hired, 

5 recruited, or referred for a fee, an individual for em6 ployment in the United States, a cease and desist 

7 order— 

8 ‘‘(A) shall require the person or entity to 

9 pay a civil penalty in an amount, subject to 

10 subsection (d), that is equal to— 

11 ‘‘(i) not less than $2,500 and not 

12 more than $5,000 for each unauthorized 

13 alien with respect to whom a violation of 

14 either such subsection occurred; 

15 ‘‘(ii) not less than $5,000 and not 

16 more than $10,000 for each such alien in 

17 the case of a person or entity previously 

18 subject to 1 order under this paragraph; or 

19 ‘‘(iii) not less than $10,000 and not 

20 more than $25,000 for each such alien in 

21 the case of a person or entity previously 

22 subject to more than 1 order under this 

23 paragraph; and 

24 ‘‘(B) may require the person or entity to 

25 take other appropriate remedial action. 


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1 ‘‘(3) ORDER FOR CIVIL MONEY PENALTY FOR

2 VERIFICATION VIOLATIONS.—Notwithstanding para3 graphs (4) and (5) of section 274A(e) and any other 

4 Federal law relating to civil monetary penalties, any 

5 person or entity that is required to comply with the 

6 provisions of this section that violates section 

7 274A(a)(1)(B) shall be required to pay a civil pen8 alty in an amount, subject to paragraphs (5), (6), 

9 and (7), that is equal to not less than $1,000 and 

10 not more than $25,000 for each individual with re11 spect to whom such violation occurred. 

12 ‘‘(4) SYSTEM USE VIOLATION.—Failure by a 

13 person or entity to utilize the System as required by 

14 law or providing information to the System that the 

15 person or entity knows or reasonably believes to be 

16 false, shall be treated as a violation of section 

17 274A(a)(1)(A). 

18 ‘‘(5) EXEMPTION FROM PENALTY FOR GOOD

19 FAITH VIOLATION.— 

20 ‘‘(A) IN GENERAL.—A person or entity 

21 that uses the System is presumed to have acted 

22 with knowledge for purposes of paragraphs 

23 (1)(A) and (2) of section 274A(a) if the person 

24 or entity fails to make an inquiry to verify the 


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•S 5282 IS

1 identity and employment authorization of the 

2 individual through the System. 

3 ‘‘(B) GOOD FAITH EXEMPTION.—In the 

4 case of imposition of a civil penalty under para5 graph (2)(A) with respect to a violation of para6 graph (1)(A) or (2) of section 274A(a) for hir7 ing or continuation of employment or recruit8 ment or referral by a person or entity, and in 

9 the case of imposition of a civil penalty under 

10 paragraph (3) for a violation of section 

11 274A(a)(1)(B) for hiring or recruitment or re12 ferral by a person or entity, the penalty other13 wise imposed may be waived or reduced if the 

14 person or entity establishes that the person or 

15 entity acted in good faith. 

16 ‘‘(6) PENALTY ADJUSTMENT FACTORS.—For 

17 purposes of paragraphs (2)(A) and (3), when assess18 ing the level of civil money penalties for a particular 

19 case, in addition to the good faith of the person or 

20 entity being charged, due consideration shall be 

21 given to factors such as the size of the business, the 

22 seriousness of the violation, whether or not the indi23 vidual was an unauthorized alien, and the history of 

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•S 5282 IS

1 vating, mitigating, or neutral depending on the facts 

2 of each case. 

3 ‘‘(7) CRIMINAL PENALTY.—Notwithstanding 

4 section 274A(f)(1) and the provisions of any other 

5 Federal law relating to fine levels, any person or en6 tity required to comply with the provisions under 

7 this section that engages in a pattern or practice of 

8 violations of paragraph (1) or (2) of section 

9 274A(a)— 

10 ‘‘(A) shall be fined not more than $5,000 

11 for each unauthorized alien with respect to 

12 whom such a violation occurs; 

13 ‘‘(B) shall be imprisoned for not more than 

14 18 months; or 

15 ‘‘(C) shall be subject to the fine under sub16 paragraph (A) and imprisonment under sub17 paragraph (B). 

18 ‘‘(8) ELECTRONIC VERIFICATION COMPENSA19 TION ACCOUNT.—Civil money penalties collected 

20 pursuant to this subsection shall be deposited in the 

21 Electronic Verification Compensation Account for 

22 the purpose of compensating individuals for lost 

23 wages as a result of a final nonconfirmation issued 

24 by the System that was based on government error 


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•S 5282 IS

1 or omission, in accordance with subsection 

2 (b)(4)(F)(ii)(IV). 

3 ‘‘(9) DEBARMENT.— 

4 ‘‘(A) IN GENERAL.—If the Secretary deter5 mines that a person or entity is a repeat viola6 tor of paragraph (1)(A) or (2) of section 

7 274A(a) or has been convicted of a crime under 

8 section 274A, such person or entity may be con9 sidered for debarment from the receipt of Fed10 eral contracts, grants, or cooperative agree11 ments in accordance with the debarment stand12 ards and pursuant to the debarment procedures 

13 set forth in the Federal Acquisition Regulation. 

14 ‘‘(B) NO CONTRACT, GRANT, AGREE15 MENT.—If the Secretary or the Attorney Gen16 eral determines that a person or entity should 

17 be considered for debarment under this para18 graph, and such person or entity does not hold 

19 a Federal contract, grant or cooperative agree20 ment, the Secretary or the Attorney General 

21 shall refer the matter to the Administrator of 

22 General Services to determine whether to list 

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•S 5282 IS

1 procurement Programs, and if so, for what du2 ration and under what scope. 

3 ‘‘(C) CONTRACT, GRANT, AGREEMENT.—If 

4 the Secretary or the Attorney General deter5 mines that a person or entity should be consid6 ered for debarment under this paragraph, and 

7 such person or entity holds a Federal contract, 

8 grant, or cooperative agreement, the Secretary 

9 or the Attorney General— 

10 ‘‘(i) shall advise all agencies or de11 partments holding a contract, grant, or co12 operative agreement with the person or en13 tity of the Government’s interest in having 

14 such person or entity considered for debar15 ment; and 

16 ‘‘(ii) after soliciting and considering 

17 the views of all such agencies and depart18 ments, may refer the matter to the appro19 priate lead agency to determine whether to 

20 list the person or entity on the List of Par21 ties Excluded from Federal Procurement 

22 and Nonprocurement Programs, and if so, 

23 for what duration and under what scope. 

24 ‘‘(D) REVIEW.—Any decision to debar a 

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•S 5282 IS

1 section shall be reviewable pursuant to part 9.4 

2 of the Federal Acquisition Regulation. 

3 ‘‘(10) PREEMPTION.—This section preempts 

4 any State or local law, ordinance, policy, or rule, in5 cluding any criminal or civil fine or penalty struc6 ture, relating to the hiring, continued employment, 

7 or status verification for employment eligibility pur8 poses, of unauthorized aliens, except that a State, lo9 cality, municipality, or political subdivision may ex10 ercise its authority over business licensing and simi11 lar laws as a penalty for failure to use the System 

12 as required under this section. 

13 ‘‘(g) UNFAIR IMMIGRATION-RELATED EMPLOYMENT

14 PRACTICES AND THE SYSTEM.— 

15 ‘‘(1) IN GENERAL.—In addition to the prohibi16 tions on discrimination set forth in section 274B, it 

17 is an unfair immigration-related employment prac18 tice for a person or entity, in the course of utilizing 

19 the System— 

20 ‘‘(A) to use the System for screening an 

21 applicant before the date of hire; 

22 ‘‘(B) to terminate the employment of an 

23 individual or take any adverse employment ac24 tion with respect to that individual due to a 

25 tentative nonconfirmation issued by the System; 


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•S 5282 IS

1 ‘‘(C) to use the System to screen any indi2 vidual for any purpose other than confirmation 

3 of identity and employment authorization in ac4 cordance with this section; 

5 ‘‘(D) to use the System to verify the iden6 tity and employment authorization of a current 

7 employee, including an employee continuing in 

8 employment, other than for purposes of 

9 reverification authorized under subsection (c); 

10 ‘‘(E) to use the System to discriminate 

11 based on national origin or citizenship status; 

12 ‘‘(F) to willfully fail to provide an indi13 vidual with any notice required under this chap14 ter; 

15 ‘‘(G) to require an individual to make an 

16 inquiry under the self-verification procedures 

17 described in subsection (a)(4)(B) or to provide 

18 the results of such an inquiry as a condition of 

19 employment, or hiring, recruiting, or referring; 

20 or 

21 ‘‘(H) to terminate the employment of an 

22 individual or take any adverse employment ac23 tion with respect to that individual based upon 

24 the need to verify the identity and employment 


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•S 5282 IS

1 authorization of the individual in accordance 

2 with subsection (b). 

3 ‘‘(2) PREEMPLOYMENT SCREENING AND BACK4 GROUND CHECK.—Nothing in paragraph (1)(A) may 

5 be construed to preclude a preemployment screening 

6 or background check that is required or permitted 

7 under any other provision of law. 

8 ‘‘(3) CIVIL MONEY PENALTIES FOR UNFAIR IM9 MIGRATION-RELATED EMPLOYMENT PRACTICES IN10 VOLVING SYSTEM MISUSE.—Notwithstanding section 

11 274B(g)(2)(B)(iv), the penalties that may be im12 posed by an administrative law judge with respect to 

13 a finding that a person or entity has engaged in an 

14 unfair immigration-related employment practice de15 scribed in paragraph (1) are— 

16 ‘‘(A) not less than $1,000 and not more 

17 than $4,000 for each aggrieved individual; 

18 ‘‘(B) in the case of a person or entity pre19 viously subject to a single order under this 

20 paragraph, not less than $4,000 and not more 

21 than $10,000 for each aggrieved individual; and 

22 ‘‘(C) in the case of a person or entity pre23 viously subject to more than 1 order under this 

24 paragraph, not less than $6,000 and not more 

25 than $20,000 for each aggrieved individual. 


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•S 5282 IS

1 ‘‘(4) ELECTRONIC VERIFICATION COMPENSA2 TION ACCOUNT.— 

3 ‘‘(A) USE OF CIVIL MONETARY PEN4 ALTIES.—Civil money penalties collected under 

5 this subsection shall be deposited into the Elec6 tronic Verification Compensation Account for 

7 the purpose of compensating individuals for lost 

8 wages as a result of a final nonconfirmation 

9 issued by the System that was based on a Gov10 ernment error or omission described in sub11 section (b)(4)(F)(ii)(IV). 

12 ‘‘(B) ALTERNATIVE USE OF FUNDS.—Any 

13 amounts deposited into the Electronic 

14 Verification Compensation Account pursuant to 

15 subparagraph (A) that are not used within 5 

16 years to compensate individuals under such 

17 subparagraph shall be made available to the 

18 Secretary and the Attorney General to provide 

19 education to employers and employees regard20 ing the requirements, obligations, and rights 

21 under the System. 

22 ‘‘(h) CLARIFICATION.—All rights and remedies pro23 vided under any Federal, State, or local law relating to 

24 workplace rights, including back pay, are available to an 

25 employee despite— 


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•S 5282 IS

1 ‘‘(1) the employee’s status as an unauthorized 

2 alien during or after the period of employment; or 

3 ‘‘(2) the employer’s or employee’s failure to 

4 comply with the requirements under this section. 

5 ‘‘(i) DEFINED TERM.—In this section, the term ‘date 

6 of hire’ means the date on which employment for pay or 

7 other remuneration commences.’’. 

8 (b) CONFORMING AMENDMENT.—The table of con9 tents for the Immigration and Nationality Act (8 U.S.C. 

10 1101 note) is amended by inserting after the item relating 

11 to section 274D the following: 

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

12 SEC. 302. MANDATORY ELECTRONIC VERIFICATION FOR 

13 THE AGRICULTURAL INDUSTRY. 

14 (a) DEFINED TERM.—In this section, the term ‘‘agri15 cultural employment’’ means agricultural labor or services 

16 (as defined in section 101(a)(15)(H)(ii) of the Immigra17 tion and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)). 

18 (b) IN GENERAL.—The requirements for the elec19 tronic verification of identity and employment authoriza20 tion described in section 274E of the Immigration and Na21 tionality Act, as added by section 301, shall apply to a 

22 person or entity hiring, recruiting, or referring for a fee 

23 an individual for agricultural employment in the United 


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•S 5282 IS

1 States in accordance with the effective dates set forth in 

2 subsection (c). 

3 (c) EFFECTIVE DATES.— 

4 (1) HIRING.—The requirements described in 

5 subsection (b) shall apply to a person or entity hir6 ing an individual for agricultural employment in the 

7 United States— 

8 (A) with respect to employers that, on the 

9 date of the enactment of this Act, have 500 or 

10 more employees in the United States, beginning 

11 on the later of— 

12 (i) the date that is 6 months after the 

13 date on which the Secretary of Homeland 

14 Security makes the certification required 

15 under section 274E(a)(11) of the Immigra16 tion and Nationality Act, as added by sec17 tion 301(a); or 

18 (ii) 6 years after the date of the en19 actment of this Act; 

20 (B) with respect to employers that, on the 

21 date of the enactment of this Act, have 100 or 

22 more employees in the United States, but fewer 

23 than 500 such employees, beginning on the date 

24 that is 3 months after the date on which such 


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•S 5282 IS

1 requirements are applicable to employers de2 scribed in subparagraph (A); 

3 (C) with respect to employers that, on the 

4 date of the enactment of this Act, have 20 or 

5 more employees in the United States, but fewer 

6 than 100 such employees, beginning on the date 

7 that is 6 months after the date on which such 

8 requirements are applicable to employers de9 scribed in subparagraph (A); and 

10 (D) with respect to employers that, on the 

11 date of the enactment of this Act, have fewer 

12 than 20 employees in the United States, begin13 ning on the date that is 9 months after the date 

14 on which such requirements are applicable to 

15 employers described in subparagraph (A). 

16 (2) RECRUITING AND REFERRING FOR A FEE.— 

17 The requirements under subsection (b) shall apply to 

18 any person or entity recruiting or referring for a fee 

19 an individual for agricultural employment in the 

20 United States on the date that is 1 year after the 

21 completion of the application period described in sec22 tion 101(c). 

23 (3) TRANSITION RULE.—Except as required 

24 under subtitle A of title IV of the Illegal Immigra25 tion Reform and Immigrant Responsibility Act of 


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1 1996 (8 U.S.C. 1324a note), as in effect on the day 

2 before the effective date described in section 

3 303(a)(4), Executive Order 13465 (8 U.S.C. 1324a 

4 note; relating to Government procurement), or any 

5 State law requiring persons or entities to use the E6 Verify Program described in section 403(a) of the Il7 legal Immigration Reform and Immigrant Responsi8 bility Act of 1996 (8 U.S.C. 1324a note), as in ef9 fect on the day before such effective date, sections 

10 274A and 274B of the Immigration and Nationality 

11 Act (8 U.S.C. 1324a and 1324b) shall apply to a 

12 person or entity hiring, recruiting, or referring an 

13 individual for employment in the United States until 

14 the applicable effective date under this subsection. 

15 (4) E-VERIFY VOLUNTARY USERS AND OTHERS

16 DESIRING EARLY COMPLIANCE.—Nothing in this 

17 subsection may be construed to prohibit persons or 

18 entities, including persons or entities that have vol19 untarily elected to participate in the E-Verify Pro20 gram described in section 403(a) of the Illegal Im21 migration Reform and Immigrant Responsibility Act 

22 of 1996 (8 U.S.C. 1324a note), as in effect on the 

23 day before the effective date described in section 

24 303(a)(4), from seeking early compliance on a vol25 untary basis. 


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1 (5) DELAYED IMPLEMENTATION.—The Sec2 retary of Homeland Security, in consultation with 

3 the Secretary of Agriculture, may delay the effective 

4 dates described in paragraphs (1) and (2) for a pe5 riod not to exceed 180 days if the Secretary deter6 mines, based on the most recent report described in 

7 section 133 and other relevant data, that a signifi8 cant number of applications under section 101 re9 main pending. 

10 (d) RURAL ACCESS TO ASSISTANCE FOR TENTATIVE

11 NONCONFIRMATION REVIEW PROCESS.— 

12 (1) IN GENERAL.—The Secretary of Homeland 

13 Security, in coordination with the Secretary of Agri14 culture, and in consultation with the Commissioner 

15 of Social Security, shall create a process for individ16 uals to seek assistance in contesting a tentative non17 confirmation (as described in section 274E(b)(4)(D) 

18 of the Immigration and Nationality Act, as added by 

19 section 301(a), at local offices or service centers of 

20 the Department of Agriculture. 

21 (2) STAFFING AND RESOURCES.—The Sec22 retary of Homeland Security and the Secretary of 

23 Agriculture shall ensure that local offices and service 

24 centers of the Department of Agriculture are staffed 

25 appropriately and have the resources necessary to 


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•S 5282 IS

1 provide information and support to individuals seek2 ing the assistance described in paragraph (1), in3 cluding by facilitating communication between such 

4 individuals and the Department of Homeland Secu5 rity or the Social Security Administration. 

6 (3) RULE OF CONSTRUCTION.—Nothing in this 

7 subsection may be construed to delegate authority or 

8 transfer responsibility for reviewing and resolving 

9 tentative nonconfirmations from the Secretary of 

10 Homeland Security and the Commissioner of Social 

11 Security to the Secretary of Agriculture. 

12 (e) DOCUMENT ESTABLISHING EMPLOYMENT AU13 THORIZATION AND IDENTITY.—In accordance with section 

14 274E(b)(3)(A)(vii) of the Immigration and Nationality 

15 Act, as added by section 301(a), and not later than 1 year 

16 after the completion of the application period described in 

17 section 101(c), the Secretary of Homeland Security shall 

18 recognize documentary evidence of certified agricultural 

19 worker status described in section 102(a)(2) as valid proof 

20 of employment authorization and identity for purposes of 

21 section 274E(b)(3)(A) of such Act. 

22 SEC. 303. COORDINATION WITH E-VERIFY PROGRAM. 

23 (a) REPEAL.— 

24 (1) IN GENERAL.—Subtitle A of title IV of the 

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•S 5282 IS

1 sibility Act of 1996 (8 U.S.C. 1324a note) is re2 pealed. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions, in section 1(d) of the Illegal Immigration Re5 form and Immigrant Responsibility Act of 1996, is 

6 amended by striking the items relating to subtitle A 

7 of title IV. 

8 (3) REFERENCES.—Any reference in any Fed9 eral, State, or local law, Executive order, rule, regu10 lation, or delegation of authority, or any document 

11 of, or pertaining to, the Department of Homeland 

12 Security, Department of Justice, or the Social Secu13 rity Administration, to the E-Verify Program de14 scribed in section 403(a) of the Illegal Immigration 

15 Reform and Immigrant Responsibility Act of 1996 

16 (8 U.S.C. 1324a note), or to the employment eligi17 bility confirmation system established under section 

18 404 of the Illegal Immigration Reform and Immi19 grant Responsibility Act of 1996 (8 U.S.C. 1324a 

20 note), is deemed to refer to the employment eligi21 bility confirmation system established under section 

22 274E of the Immigration and Nationality Act, as 

23 added by section 301(a). 

24 (4) EFFECTIVE DATE.—This subsection, and 

25 the amendments made by this subsection, shall take 


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•S 5282 IS

1 effect on the date that is 30 days after the date on 

2 which final rules are published pursuant to section 

3 309(a). 

4 (b) FORMER E-VERIFY MANDATORY USERS, IN5 CLUDING FEDERAL CONTRACTORS.—Beginning on the ef6 fective date set forth in subsection (a)(4), the Secretary 

7 of Homeland Security shall require employers required to 

8 participate in the E-Verify Program described in section 

9 403(a) of the Illegal Immigration Reform and Immigrant 

10 Responsibility Act of 1996 (8 U.S.C. 1324a note) by rea11 son of any Federal, State, or local law, Executive order, 

12 rule, regulation, or delegation of authority, including em13 ployers required to participate in such program by reason 

14 of Federal acquisition laws (and regulations promulgated 

15 under those laws, including the Federal Acquisition Regu16 lation), to comply with the requirements under section 

17 274E of the Immigration and Nationality Act, as added 

18 by section 301(a) (and any additional requirements of 

19 such Federal acquisition laws and regulation) instead of 

20 any requirement to participate in the E-Verify Program. 

21 (c) FORMER E-VERIFY VOLUNTARY USERS.—Begin22 ning on the effective date set forth in subsection (a)(4), 

23 the Secretary of Homeland Security shall provide for the 

24 voluntary compliance with the requirements under section 

25 274E of the Immigration and Nationality Act, as added 


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•S 5282 IS

1 by section 301(a), by employers voluntarily electing to par2 ticipate in the E-Verify Program described in section 

3 403(a) of the Illegal Immigration Reform and Immigrant 

4 Responsibility Act of 1996 (8 U.S.C. 1324a note) before 

5 such effective date. 

6 SEC. 304. FRAUD AND MISUSE OF DOCUMENTS. 

7 Section 1546(b) of title 18, United States Code, is 

8 amended— 

9 (1) in paragraph (1), by striking ‘‘identification 

10 document,’’ and inserting ‘‘identification document 

11 or document intended to establish employment au12 thorization,’’; 

13 (2) in paragraph (2), by striking ‘‘identification 

14 document’’ and inserting ‘‘identification document or 

15 document intended to establish employment author16 ization,’’; and 

17 (3) in the undesignated matter following para18 graph (3) by striking ‘‘of section 274A(b)’’ and in19 serting ‘‘under section 274A(b) or 274E(b)’’. 

20 SEC. 305. TECHNICAL AND CONFORMING AMENDMENTS. 

21 (a) UNLAWFUL EMPLOYMENT OF ALIENS.—Section 

22 274A of the Immigration and Nationality Act (8 U.S.C. 

23 1324a) is amended— 

24 (1) in subsection (a)(1)(B)— 


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1 (A) by striking ‘‘subsection (b) or (ii)’’ and 

2 inserting the following: ‘‘subsection (b); or 

3 ‘‘(ii)’’; and 

4 (B) in clause (ii), by striking ‘‘subsection 

5 (b).’’ and inserting ‘‘section 274E.’’; and 

6 (2) in subsection (b), in the matter preceding 

7 paragraph (1), by striking ‘‘The requirements re8 ferred’’ and inserting ‘‘Except as provided in section 

9 274E, the requirements referred’’. 

10 (b) UNFAIR IMMIGRATION-RELATED EMPLOYMENT

11 PRACTICES.—Section 274B(a) of the Immigration and 

12 Nationality Act (8 U.S.C. 1324b(a)) is amended— 

13 (1) in paragraph (1)(B), by striking ‘‘in the 

14 case of a protected individual (as defined in para15 graph (3)),’’; 

16 (2) by striking paragraph (3); and 

17 (3) by inserting after paragraph (2) the fol18 lowing: 

19 ‘‘(3) MISUSE OF VERIFICATION SYSTEM.—It is 

20 an unfair immigration-related employment practice 

21 for a person or other entity to misuse the 

22 verification system as described in section 

23 274E(g).’’. 


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1 SEC. 306. PROTECTION OF SOCIAL SECURITY ADMINISTRA2 TION PROGRAMS. 

3 (a) FUNDING UNDER AGREEMENT.—Effective for all 

4 fiscal years beginning on or after October 1, 2023, the 

5 Commissioner of Social Security and the Secretary of 

6 Homeland Security shall ensure that an agreement is in 

7 place that— 

8 (1) provides funds to the Commissioner for the 

9 full costs of the responsibilities of the Commissioner 

10 with respect to employment eligibility verification, 

11 including responsibilities described in this title and 

12 in the amendments made by this title, such as— 

13 (A) acquiring, installing, and maintaining 

14 technological equipment and systems necessary 

15 for the fulfillment of such responsibilities, but 

16 only that portion of such costs that are attrib17 utable exclusively to such responsibilities; and 

18 (B) responding to individuals who contest 

19 a tentative nonconfirmation or administratively 

20 appeal a final nonconfirmation provided with 

21 respect to employment eligibility verification; 

22 (2) provides the funds required under para23 graph (1) annually in advance of the applicable 

24 quarter based on an estimating methodology agreed 

25 to by the Commissioner and the Secretary (except in 

26 such instances where the delayed enactment of an 


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1 annual appropriation may preclude such quarterly 

2 payments); and 

3 (3) requires an annual accounting and reconcili4 ation of the actual costs incurred and the funds pro5 vided under such agreement, which shall be reviewed 

6 by the Inspector General of the Social Security Ad7 ministration and the Inspector General of the De8 partment of Homeland Security. 

9 (b) CONTINUATION OF EMPLOYMENT VERIFICATION

10 IN ABSENCE OF TIMELY AGREEMENT.— 

11 (1) IN GENERAL.—In any case in which the 

12 agreement required under subsection (a) for any fis13 cal year beginning on or after October 1, 2023, has 

14 not been reached as of October 1 of such fiscal year, 

15 the latest agreement described in such subsection 

16 shall be deemed in effect on an interim basis for 

17 such fiscal year until such time as an agreement re18 quired under subsection (a) is subsequently reached, 

19 except that the terms of such interim agreement 

20 shall be modified to adjust for inflation and any in21 crease or decrease in the volume of requests under 

22 the employment eligibility verification system. 

23 (2) NOTIFICATION REQUIREMENTS.— 

24 (A) IN GENERAL.—Not later than October 

25 1 of any fiscal year during which an interim 


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1 agreement applies under paragraph (1), the 

2 Commissioner and the Secretary shall notify the 

3 Committee on Finance of the Senate, the Com4 mittee on the Judiciary of the Senate, the Com5 mittee on Appropriations of the Senate, the 

6 Committee on Ways and Means of the House of 

7 Representatives, the Committee on the Judici8 ary of the House of Representatives, and the 

9 Committee on Appropriations of the House of 

10 Representatives of the failure to reach the 

11 agreement required under subsection (a) for 

12 such fiscal year. 

13 (B) QUARTERLY NOTIFICATIONS.—Until 

14 the agreement required under subsection (a) 

15 has been reached for a fiscal year, the Commis16 sioner and the Secretary, not later than the end 

17 of each 90-day period after October 1 of such 

18 fiscal year, shall notify the congressional com19 mittees referred to in subparagraph (A) of the 

20 status of negotiations between the Commis21 sioner and the Secretary in order to reach such 

22 an agreement. 


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1 SEC. 307. REPORT ON THE IMPLEMENTATION OF THE 

2 ELECTRONIC EMPLOYMENT VERIFICATION 

3 SYSTEM. 

4 Not later than 2 years after the date on which final 

5 rules are published pursuant to section 309(a), and annu6 ally thereafter, the Secretary of Homeland Security and 

7 the Attorney General shall jointly submit a report to Con8 gress that includes— 

9 (1) an assessment of the accuracy rates of the 

10 responses of the electronic employment verification 

11 system established under section 274E of the Immi12 gration and Nationality Act, as added by section 

13 301(a) (referred to in this section and section 308 

14 as the ‘‘System’’), including tentative and final non15 confirmation notices issued to employment-author16 ized individuals and confirmation notices issued to 

17 individuals who are not employment-authorized; 

18 (2) an assessment of any challenges faced by 

19 persons or entities (including small employers) in 

20 utilizing the System; 

21 (3) an assessment of any challenges faced by 

22 employment-authorized individuals who are issued 

23 tentative or final nonconfirmation notices; 

24 (4) an assessment of the incidence of unfair im25 migration-related employment practices described in 


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1 section 274E(g) of the Immigration and Nationality 

2 Act, related to the use of the System; 

3 (5) an assessment of the photo matching and 

4 other identity authentication tools described in sec5 tion 274E(a)(4) of the Immigration and Nationality 

6 Act, including— 

7 (A) the accuracy rates of such tools; 

8 (B) the effectiveness of such tools at pre9 venting identity fraud and other misuse of iden10 tifying information; 

11 (C) any challenges faced by persons, enti12 ties, or individuals utilizing such tools; 

13 (D) operation and maintenance costs asso14 ciated with such tools; and 

15 (E) the privacy and civil liberties safe16 guards associated with such tools; 

17 (6) a summary of the activities and findings of 

18 the U.S. Citizenship and Immigration Services E19 Verify Monitoring and Compliance Branch (referred 

20 to in this paragraph as the ‘‘Branch’’), or any suc21 cessor office, including— 

22 (A) the number, types and outcomes of au23 dits, internal reviews, and other compliance ac24 tivities initiated by the Branch in the previous 

25 year; 


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1 (B) the capacity of the Branch to detect 

2 and prevent violations of section 274E(g) of the 

3 Immigration and Nationality Act; and 

4 (C) an assessment of the degree to which 

5 persons and entities misuse the System, includ6 ing— 

7 (i) using the System before an individ8 ual’s date of hire; 

9 (ii) failing to provide required notifi10 cations to individuals; 

11 (iii) using the System to interfere with 

12 or otherwise impede individuals’ assertions 

13 of their rights under other laws; and 

14 (iv) using the System for unauthor15 ized purposes; and 

16 (7) an assessment of the impact of implementa17 tion of the System in the agricultural industry and 

18 the use of the verification system in agricultural in19 dustry hiring and business practices. 

20 SEC. 308. MODERNIZING AND STREAMLINING THE EMPLOY21 MENT ELIGIBILITY VERIFICATION PROCESS. 

22 Not later than 1 year after the date of the enactment 

23 of this Act, the Secretary of Homeland Security, in con24 sultation with the Commissioner of Social Security, shall 

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1 lining the employment eligibility verification process. Such 

2 plan shall include— 

3 (1) procedures to allow persons and entities to 

4 verify the identity and employment authorization of 

5 newly hired individuals where the in-person, physical 

6 examination of identity and employment authoriza7 tion documents is not practicable; 

8 (2) a proposal to create a simplified employ9 ment verification process that allows employers that 

10 utilize the System— 

11 (A) to verify the identity and employment 

12 authorization of individuals without having to 

13 complete and retain Form I–9, Employment 

14 Eligibility Verification, in paper, electronic, or 

15 any subsequent replacement form; and 

16 (B) to maintain evidence of an inspection 

17 of the employee’s eligibility to work; and 

18 (3) any other proposal that the Secretary deter19 mines would simplify the employment eligibility 

20 verification process without compromising the integ21 rity or security of the System. 

22 SEC. 309. RULEMAKING; PAPERWORK REDUCTION ACT. 

23 (a) RULEMAKING.— 

24 (1) PROPOSED RULES.—Not later than 270 

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1 scribed in section 101(c), the Secretary of Homeland 

2 Security shall promulgate and publish in the Federal 

3 Register proposed rules implementing this title and 

4 the amendments made by this title. 

5 (2) FINAL RULES.—The Secretary shall finalize 

6 the rules promulgated pursuant to paragraph (1) 

7 not later than 180 days after the date on which they 

8 are published in the Federal Register. 

9 (b) PAPERWORK REDUCTION ACT.— 

10 (1) IN GENERAL.—The requirements under 

11 chapter 35 of title 44, United States Code, (com12 monly known as the ‘‘Paperwork Reduction Act’’) 

13 shall apply to any action to implement this title or 

14 the amendments made by this title. 

15 (2) ELECTRONIC FORMS.—All forms designated 

16 or established by the Secretary that are necessary to 

17 implement this title and the amendments made by 

18 this title— 

19 (A) shall be made available in paper or 

20 electronic formats; and 

21 (B) shall be designed in such a manner to 

22 facilitate electronic completion, storage, and 

23 transmittal. 

Æ 


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