79–008 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–770 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4760) 

TO AMEND THE IMMIGRATION LAWS AND THE HOMELAND SECURITY LAWS, AND FOR OTHER PURPOSES 

JUNE 20, 2018.—Referred to the House Calendar and ordered to be printed 

Mr. BURGESS, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 952] 

The Committee on Rules, having had under consideration House 

Resolution 952, by a record vote of 7 to 3, report the same to the 

House with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 4760, the Securing America’s Future Act of 2018, under a closed rule. The resolution provides one hour of debate, with 40 minutes equally divided 

and controlled by the chair and ranking minority member of the 

Committee on the Judiciary and 20 minutes equally divided and 

controlled by the chair and ranking minority member of the Committee on Homeland Security. The resolution waives all points of 

order against consideration of the bill. The resolution provides that 

the amendment printed in this report shall be considered as adopted and the bill, as amended, shall be considered as read. The resolution waives all points of order against provisions in the bill, as 

amended. The resolution provides one motion to recommit. 

EXPLANATION OF WAIVERS

Although the resolution waives all points of order against consideration of the bill, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against provisions in the bill, as amended, the Committee is not aware of any 

points of order. The waiver is prophylactic in nature. 

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COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 239 

Motion by Mr. McGovern to strike the text of the rule and insert 

the text of H. Res. 774, Representative Denham’s Queen of the Hill 

Resolution. Defeated: 3–7 

Majority Members Vote Minority Members Vote 

Mr. Cole ............................................................ Nay Mr. McGovern ................................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Burgess ...................................................... Nay Mr. Polis ........................................................... ...................

Mr. Collins ........................................................ ................... Mrs. Torres ....................................................... Yea 

Mr. Byrne .......................................................... Nay 

Mr. Newhouse ................................................... Nay 

Mr. Buck ........................................................... ...................

Ms. Cheney ....................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 240 

Motion by Mr. Hastings of Florida to make in order and provide 

the appropriate waivers to amendment #3, offered by Rep. Hastings 

(FL), which allows certain long-term Temporary Protected Status 

(TPS) holders to apply for Legal Permanent Residency in the 

United States. Defeated: 3–7 

Majority Members Vote Minority Members Vote 

Mr. Cole ............................................................ Nay Mr. McGovern ................................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Burgess ...................................................... Nay Mr. Polis ........................................................... ...................

Mr. Collins ........................................................ ................... Mrs. Torres ....................................................... Yea 

Mr. Byrne .......................................................... Nay 

Mr. Newhouse ................................................... Nay 

Mr. Buck ........................................................... ...................

Ms. Cheney ....................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 241 

Motion by Mrs. Torres to make in order and provide the appropriate waivers to amendment #4, offered by Rep. Torres (CA), 

which strikes the bill and replace it with Rep. Nadler’s ‘‘Keep Families Together Act’’ which would keep families together, limit criminal prosecutions for asylum seekers, increase child welfare training, and establish a preference for family unity. Defeated: 3–7 

Majority Members Vote Minority Members Vote 

Mr. Cole .......................................................... Nay Mr. McGovern ................................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Burgess ...................................................... Nay Mr. Polis ........................................................... ...................

Mr. Collins ........................................................ ................... Mrs. Torres ....................................................... Yea 

Mr. Byrne .......................................................... Nay 

Mr. Newhouse ................................................... Nay 

Mr. Buck ........................................................... ...................

Ms. Cheney ....................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

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Rules Committee record vote No. 242 

Motion by Mrs. Torres to make in order and provide the appropriate waivers to amendment #12, offered by Rep. Roybal-Allard 

(CA) and Rep. Torres (CA) and Rep. Polis (CO), which directs the 

Department of Homeland Security (DHS) to cancel removal and 

grant lawful permanent resident status on a conditional basis to an 

alien who is inadmissible or deportable or is in temporary protected 

status who meet certain criteria. Defeated: 3–7 

Majority Members Vote Minority Members Vote 

Mr. Cole .......................................................... Nay Mr. McGovern ................................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Burgess ...................................................... Nay Mr. Polis ........................................................... ...................

Mr. Collins ........................................................ ................... Mrs. Torres ....................................................... Yea 

Mr. Byrne .......................................................... Nay 

Mr. Newhouse ................................................... Nay 

Mr. Buck ........................................................... ...................

Ms. Cheney ....................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 243 

Motion by Mr. Cole to report the rule. Adopted: 7–3 

Majority Members Vote Minority Members Vote 

Mr. Cole .......................................................... Yea Mr. McGovern ................................................... Nay 

Mr. Woodall ...................................................... Yea Mr. Hastings of Florida ................................... Nay 

Mr. Burgess ...................................................... Yea Mr. Polis ........................................................... ...................

Mr. Collins ........................................................ ................... Mrs. Torres ....................................................... Nay 

Mr. Byrne .......................................................... Yea 

Mr. Newhouse ................................................... Yea 

Mr. Buck ........................................................... ...................

Ms. Cheney ....................................................... Yea 

Mr. Sessions, Chairman ................................... Yea 

SUMMARY OF THE AMENDMENT CONSIDERED AS ADOPTED

1. Goodlatte (VA): Improves the ‘‘H–2C’’ agricultural guestworker 

program created by the bill by, among other things, streamlining 

the process by which unlawfully-present farmworkers can become 

H–2C workers and more quickly implementing the at-will component of the H–2C program. In addition, the amendment removes 

the bill’s reference to the Religious Freedom Restoration Act. 

TEXT OF AMENDMENT CONSIDERED AS ADOPTED

In division A, strike title II and insert the following: 

TITLE II—AGRICULTURAL WORKER 

REFORM 

SEC. 2101. SHORT TITLE. 

This title may be cited as— 

(1) the ‘‘Agricultural Guestworker Act’’; or 

(2) the ‘‘AG Act’’. 

SEC. 2102. H–2C TEMPORARY AGRICULTURAL WORK VISA PROGRAM. 

(a) IN GENERAL.—Section 101(a)(15)(H) of the Immigration and 

Nationality Act (8 U.S.C. 1101(a)(15)(H)) is amended by striking ‘‘; 

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or (iii)’’ and inserting ‘‘, or (c) who is coming temporarily to the 

United States to perform agricultural labor or services; or (iii)’’. 

(b) DEFINITION.—Section 101(a) of such Act (8 U.S.C. 1101(a)) is 

amended by adding at the end the following: 

‘‘(53) The term ‘agricultural labor or services’ has the meaning 

given such term by the Secretary of Agriculture in regulations and 

includes— 

‘‘(A) agricultural labor as defined in section 3121(g) of the Internal Revenue Code of 1986; 

‘‘(B) agriculture as defined in section 3(f) of the Fair Labor 

Standards Act of 1938 (29 U.S.C. 203(f)); 

‘‘(C) the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any 

agricultural or horticultural commodity in its unmanufactured 

state; 

‘‘(D) all activities required for the preparation, processing or 

manufacturing of a product of agriculture (as such term is defined in such section 3(f)), or fish or shellfish, for further distribution; 

‘‘(E) forestry-related activities; and 

‘‘(F) aquaculture activities, 

except that in regard to labor or services consisting of meat or poultry processing, the term ‘agricultural labor or services’ only includes the killing of animals and the breakdown of their carcasses.’’. 

SEC. 2103. ADMISSION OF TEMPORARY H–2C WORKERS. 

(a) PROCEDURE FOR ADMISSION.—Chapter 2 of title II of the Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is amended 

by inserting after section 218 the following: 

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

‘‘(a) DEFINITIONS.—In this section and section 218B: 

‘‘(1) DISPLACE.—The term ‘displace’ means to lay off a United 

States worker from the job for which H–2C workers are 

sought. 

‘‘(2) JOB.—The term ‘job’ refers to all positions with an employer that— 

‘‘(A) involve essentially the same responsibilities; 

‘‘(B) are held by workers with substantially equivalent 

qualifications and experience; and 

‘‘(C) are located in the same place or places of employment. 

‘‘(3) EMPLOYER.—The term ‘employer’ includes a single or 

joint employer, including an association acting as a joint employer with its members, who hires workers to perform agricultural labor or services. 

‘‘(4) FORESTRY-RELATED ACTIVITIES.—The term ‘forestry-related activities’ includes tree planting, timber harvesting, logging operations, brush clearing, vegetation management, herbicide application, the maintenance of rights-of-way (including 

for roads, trails, and utilities), regardless of whether such 

right-of-way is on forest land, and the harvesting of pine straw. 

‘‘(5) H–2C WORKER.—The term ‘H–2C worker’ means a nonimmigrant described in section 101(a)(15)(H)(ii)(c). 

‘‘(6) LAY OFF.— 

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‘‘(A) IN GENERAL.—The term ‘lay off’— 

‘‘(i) means to cause a worker’s loss of employment, 

other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract (other than a temporary 

employment contract entered into in order to evade a 

condition described in paragraph (4) of subsection (b)); 

and 

‘‘(ii) does not include any situation in which the 

worker is offered, as an alternative to such loss of employment, a similar position with the same employer 

at equivalent or higher wages and benefits than the 

position from which the employee was discharged, regardless of whether or not the employee accepts the 

offer. 

‘‘(B) CONSTRUCTION.—Nothing in this paragraph is intended to limit an employee’s rights under a collective bargaining agreement or other employment contract. 

‘‘(7) UNITED STATES WORKER.—The term ‘United States worker’ means any worker who is— 

‘‘(A) a citizen or national of the United States; or 

‘‘(B) an alien who is lawfully admitted for permanent 

residence, is admitted as a refugee under section 207, or 

is granted asylum under section 208. 

‘‘(8) SPECIAL PROCEDURES INDUSTRY.—The term ‘special procedures industry’ includes sheepherding, goat herding, and the 

range production of livestock, itinerant commercial beekeeping 

and pollination, itinerant animal shearing, and custom combining and harvesting. 

‘‘(b) PETITION.—An employer that seeks to employ aliens as H– 

2C workers under this section shall file with the Secretary of 

Homeland Security a petition attesting to the following: 

‘‘(1) OFFER OF EMPLOYMENT.—The employer will offer employment to the aliens on a contractual basis as H–2C workers 

under this section for a specific period of time during which the 

aliens may not work on an at-will basis (as provided for in section 218B), and such contract shall only be required to include 

a description of each place of employment, period of employment, wages and other benefits to be provided, and the duties 

of the positions. 

‘‘(2) TEMPORARY LABOR OR SERVICES.— 

‘‘(A) IN GENERAL.—The employer is seeking to employ a 

specific number of H–2C workers on a temporary basis and 

will provide compensation to such workers at a wage rate 

no less than that set forth in subsection (j)(2). 

‘‘(B) DEFINITION.—For purposes of this paragraph, a 

worker is employed on a temporary basis if the employer 

intends to employ the worker for no longer than the time 

period set forth in subsection (m)(1) (subject to the exceptions in subsection (m)(3)). 

‘‘(3) BENEFITS, WAGES, AND WORKING CONDITIONS.—The employer will provide, at a minimum, the benefits, wages, and 

working conditions required by subsection (k) to all workers 

employed in the job for which the H–2C workers are sought. 

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‘‘(4) NONDISPLACEMENT OF UNITED STATES WORKERS.—The 

employer did not displace and will not displace United States 

workers employed by the employer during the period of employment of the H–2C workers and during the 30-day period 

immediately preceding such period of employment in the job 

for which the employer seeks approval to employ H–2C workers. 

‘‘(5) RECRUITMENT.— 

‘‘(A) IN GENERAL.—The employer— 

‘‘(i) conducted adequate recruitment before filing the 

petition; and 

‘‘(ii) was unsuccessful in locating sufficient numbers 

of willing and qualified United States workers for the 

job for which the H–2C workers are sought. 

‘‘(B) OTHER REQUIREMENTS.—The recruitment requirement under subparagraph (A) is satisfied if the employer 

places a local job order with the State workforce agency 

serving each place of employment, except that nothing in 

this subparagraph shall require the employer to file an 

interstate job order under section 653 of title 20, Code of 

Federal Regulations. The State workforce agency shall 

post the job order on its official agency website for a minimum of 30 days and not later than 3 days after receipt 

using the employment statistics system authorized under 

section 15 of the Wagner-Peyser Act (29 U.S.C. 49l–2). The 

Secretary of Labor shall include links to the official Web 

sites of all State workforce agencies on a single webpage 

of the official Web site of the Department of Labor. 

‘‘(C) END OF RECRUITMENT REQUIREMENT.—The requirement to recruit United States workers for a job shall terminate on the first day that work begins for the H–2C 

workers. 

‘‘(6) OFFERS TO UNITED STATES WORKERS.—The employer has 

offered or will offer the job for which the H–2C workers are 

sought to any eligible United States workers who— 

‘‘(A) apply; 

‘‘(B) are qualified for the job; and 

‘‘(C) will be available at the time, at each place, and for 

the duration, of need. 

This requirement shall not apply to United States workers who 

apply for the job on or after the first day that work begins for 

the H–2C workers. 

‘‘(7) PROVISION OF INSURANCE.—If the job for which the H– 

2C workers are sought is not covered by State workers’ compensation law, the employer will provide, at no cost to the 

workers unless State law provides otherwise, insurance covering injury and disease arising out of, and in the course of, 

the workers’ employment, which will provide benefits at least 

equal to those provided under the State workers compensation 

law for comparable employment. 

‘‘(8) STRIKE OR LOCKOUT.—The job that is the subject of the 

petition is not vacant because the former workers in that job 

are on strike or locked out in the course of a labor dispute. 

‘‘(c) LIST.— 

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‘‘(1) IN GENERAL.—The Secretary of Homeland Security shall 

maintain a list of the petitions filed under this subsection, 

which shall— 

‘‘(A) be sorted by employer; and 

‘‘(B) include the number of H–2C workers sought, the 

wage rate, the period of employment, each place of employment, and the date of need for each alien. 

‘‘(2) AVAILABILITY.—The Secretary of Homeland Security 

shall make the list available for public examination. 

‘‘(d) PETITIONING FOR ADMISSION.— ‘‘(1) CONSIDERATION OF PETITIONS.—For petitions filed and 

considered under this subsection— 

‘‘(A) the Secretary of Homeland Security may not require 

such petition to be filed more than 28 days before the first 

date the employer requires the labor or services of H–2C 

workers; 

‘‘(B) within the appropriate time period under subparagraph (C) or (D), the Secretary of Homeland Security 

shall— 

‘‘(i) approve the petition; 

‘‘(ii) reject the petition; or 

‘‘(iii) determine that the petition is incomplete or obviously inaccurate or that the employer has not complied with the requirements of subsection (b)(5)(A)(i) 

(which the Secretary can ascertain by verifying whether the employer has placed a local job order as provided for in subsection (b)(5)(B)); 

‘‘(C) if the Secretary determines that the petition is incomplete or obviously inaccurate, or that the employer has 

not complied with the requirements of subsection 

(b)(5)(A)(i) (which the Secretary can ascertain by verifying 

whether the employer has placed a local job order as provided for in subsection (b)(5)(B)), the Secretary shall— 

‘‘(i) within 5 business days of receipt of the petition, 

notify the petitioner of the deficiencies to be corrected 

by means ensuring same or next day delivery; and 

‘‘(ii) within 5 business days of receipt of the corrected petition, approve or reject the petition and provide the petitioner with notice of such action by means 

ensuring same or next day delivery; and 

‘‘(D) if the Secretary does not determine that the petition 

is incomplete or obviously inaccurate, the Secretary shall 

not later than 10 business days after the date on which 

such petition was filed, either approve or reject the petition and provide the petitioner with notice of such action 

by means ensuring same or next day delivery. 

‘‘(2) ACCESS.—By filing an H–2C petition, the petitioner and 

each employer (if the petitioner is an association that is a joint 

employer of workers who perform agricultural labor or services) consent to allow access to each place of employment to the 

Department of Agriculture and the Department of Homeland 

Security for the purpose of investigations and audits to determine compliance with the immigration laws (as defined in section 101(a)(17)). 

‘‘(e) ROLES OF AGRICULTURAL ASSOCIATIONS.— 

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‘‘(1) TREATMENT OF ASSOCIATIONS ACTING AS EMPLOYERS.—If 

an association is a joint employer of workers who perform agricultural labor or services, H–2C workers may be transferred 

among its members to perform the agricultural labor or services on a temporary basis for which the petition was approved. 

‘‘(2) TREATMENT OF VIOLATIONS.— ‘‘(A) INDIVIDUAL MEMBER.—If an individual member of 

an association that is a joint employer commits a violation 

described in paragraph (2) or (3) of subsection (h) or subsection (i)(1), the Secretary of Agriculture shall invoke penalties pursuant to subsections (h) and (i) against only that 

member of the association unless the Secretary of Agriculture determines that the association participated in, 

had knowledge of, or had reason to know of the violation. 

‘‘(B) ASSOCIATION OF AGRICULTURAL EMPLOYERS.—If an 

association that is a joint employer commits a violation described in subsections (h)(2) and (3) or (i)(1), the Secretary 

of Agriculture shall invoke penalties pursuant to subsections (h) and (i) against only the association and not 

any individual members of the association, unless the Secretary determines that the member participated in the violation. 

‘‘(f) EXPEDITED ADMINISTRATIVE APPEALS.—The Secretary of 

Homeland Security shall promulgate regulations to provide for an 

expedited procedure for the review of a denial of a petition under 

this section by the Secretary. At the petitioner’s request, the review 

shall include a de novo administrative hearing at which new evidence may be introduced. 

‘‘(g) FEES.—The Secretary of Homeland Security shall require, as 

a condition of approving the petition, the payment of a fee to recover the reasonable cost of processing the petition. 

‘‘(h) ENFORCEMENT.— 

‘‘(1) INVESTIGATIONS AND AUDITS.—The Secretary of Agriculture shall be responsible for conducting investigations and 

audits, including random audits, of employers to ensure compliance with the requirements of the H–2C program. All monetary fines levied against employers shall be paid to the Department of Agriculture and used to enhance the Department of 

Agriculture’s investigative and auditing abilities to ensure 

compliance by employers with their obligations under this section. 

‘‘(2) VIOLATIONS.—If the Secretary of Agriculture finds, after 

notice and opportunity for a hearing, a failure to fulfill an attestation required by this subsection, or a material misrepresentation of a material fact in a petition under this subsection, 

the Secretary— 

‘‘(A) may impose such administrative remedies (including civil money penalties in an amount not to exceed 

$1,000 per violation) as the Secretary determines to be appropriate; and 

‘‘(B) may disqualify the employer from the employment 

of H–2C workers for a period of 1 year. 

‘‘(3) WILLFUL VIOLATIONS.—If the Secretary of Agriculture 

finds, after notice and opportunity for a hearing, a willful failure to fulfill an attestation required by this subsection, or a 

9 

willful misrepresentation of a material fact in a petition under 

this subsection, the Secretary— 

‘‘(A) may impose such administrative remedies (including civil money penalties in an amount not to exceed 

$5,000 per violation, or not to exceed $15,000 per violation 

if in the course of such failure or misrepresentation the 

employer displaced one or more United States workers employed by the employer during the period of employment 

of H–2C workers or during the 30-day period immediately 

preceding such period of employment) in the job the H–2C 

workers are performing as the Secretary determines to be 

appropriate; 

‘‘(B) may disqualify the employer from the employment 

of H–2C workers for a period of 2 years; 

‘‘(C) may, for a subsequent failure to fulfill an attestation required by this subsection, or a misrepresentation of 

a material fact in a petition under this subsection, disqualify the employer from the employment of H–2C workers for a period of 5 years; and 

‘‘(D) may, for a subsequent willful failure to fulfill an attestation required by this subsection, or a willful misrepresentation of a material fact in a petition under this subsection, permanently disqualify the employer from the employment of H–2C workers. 

‘‘(i) FAILURE TO PAY WAGES OR REQUIRED BENEFITS.— ‘‘(1) IN GENERAL.—If the Secretary of Agriculture finds, after 

notice and opportunity for a hearing, that the employer has 

failed to provide the benefits, wages, and working conditions 

that the employer has attested that it would provide under this 

subsection, the Secretary shall require payment of back wages, 

or such other required benefits, due any United States workers 

or H–2C workers employed by the employer. 

‘‘(2) AMOUNT.—The back wages or other required benefits described in paragraph (1)— 

‘‘(A) shall be equal to the difference between the amount 

that should have been paid and the amount that was paid 

to such workers; and 

‘‘(B) shall be distributed to the workers to whom such 

wages or benefits are due. 

‘‘(j) MINIMUM WAGES, BENEFITS, AND WORKING CONDITIONS.— 

‘‘(1) PREFERENTIAL TREATMENT OF H–2C WORKERS PROHIBITED.— 

‘‘(A) IN GENERAL.—Each employer seeking to hire United 

States workers for the job the H–2C workers will perform 

shall offer such United States workers not less than the 

same benefits, wages, and working conditions that the employer will provide to the H–2C workers, except that if an 

employer chooses to provide H-2C workers with housing or 

a housing allowance, the employer need not offer housing 

or a housing allowance to such United States workers. No 

job offer may impose on United States workers any restrictions or obligations which will not be imposed on H–2C 

workers. 

‘‘(B) INTERPRETATION.—Every interpretation and determination made under this section or under any other law, 

10 

regulation, or interpretative provision regarding the nature, scope, and timing of the provision of these and any 

other benefits, wages, and other terms and conditions of 

employment shall be made so that— 

‘‘(i) the services of workers to their employers and 

the employment opportunities afforded to workers by 

the employers, including those employment opportunities that require United States workers or H–2C workers to travel or relocate in order to accept or perform 

employment— 

‘‘(I) mutually benefit such workers, as well as 

their families, and employers; and 

‘‘(II) principally benefit neither employer nor 

employee; and 

‘‘(ii) employment opportunities within the United 

States benefit the United States economy. 

‘‘(2) REQUIRED WAGES.— 

‘‘(A) IN GENERAL.—Each employer petitioning for H–2C 

workers under this subsection (other than in the case of 

workers who will perform agricultural labor or services 

consisting of meat or poultry processing) will offer the H– 

2C workers, during the period of authorized employment 

as H–2C workers, wages that are at least the greatest of— 

‘‘(i) the applicable State or local minimum wage; 

‘‘(ii) 115 percent of the Federal minimum wage; or 

‘‘(iii) the actual wage level paid by the employer to 

all other individuals in the job. 

‘‘(B) SPECIAL RULES.— 

‘‘(i) ALTERNATE WAGE PAYMENT SYSTEMS.—An employer can utilize a piece rate or other alternative 

wage payment system so long as the employer guarantees each worker a wage rate that equals or exceeds 

the amount required under subparagraph (A) for the 

total hours worked in each pay period. Compensation 

from a piece rate or other alternative wage payment 

system shall include time spent during rest breaks, 

moving from job to job, clean up, or any other nonproductive time, provided that such time does not exceed 20 percent of the total hours in the work day. 

‘‘(ii) MEAT OR POULTRY PROCESSING.—Each employer 

petitioning for H–2C workers under this subsection 

who will perform agricultural labor or services consisting of meat or poultry processing will offer the H– 

2C workers, during the period of authorized employment as H–2C workers, wages that are at least the 

greatest of— 

‘‘(I) the applicable State or local minimum wage; 

‘‘(II) 150 percent of the Federal minimum wage; 

‘‘(III) the prevailing wage level for the occupational classification in the area of employment; or 

‘‘(IV) the actual wage level paid by the employer 

to all other individuals in the job. 

‘‘(3) EMPLOYMENT GUARANTEE.— 

‘‘(A) IN GENERAL.— 

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‘‘(i) REQUIREMENT.—Each employer petitioning for 

workers under this subsection shall guarantee to offer 

the H–2C workers and United States workers performing the same job employment for the hourly 

equivalent of not less than 50 percent of the work 

hours set forth in the work contract. 

‘‘(ii) FAILURE TO MEET GUARANTEE.—If an employer 

affords the United States workers or the H–2C workers less employment than that required under this 

subparagraph, the employer shall pay such workers 

the amount which the workers would have earned if 

the workers had worked for the guaranteed number of 

hours. 

‘‘(B) CALCULATION OF HOURS.—Any hours which workers 

fail to work, up to a maximum of the number of hours 

specified in the work contract for a work day, when the 

workers have been offered an opportunity to do so, and all 

hours of work actually performed (including voluntary 

work in excess of the number of hours specified in the 

work contract in a work day) may be counted by the employer in calculating whether the period of guaranteed employment has been met. 

‘‘(C) LIMITATION.—If the workers abandon employment 

before the end of the work contract period, or are terminated for cause, the workers are not entitled to the 50 percent guarantee described in subparagraph (A). 

‘‘(D) TERMINATION OF EMPLOYMENT.— 

‘‘(i) IN GENERAL.—If, before the expiration of the period of employment specified in the work contract, the 

services of the workers are no longer required due to 

any form of natural disaster, including flood, hurricane, freeze, earthquake, fire, drought, plant or animal 

disease, pest infestation, regulatory action, or any 

other reason beyond the control of the employer before 

the employment guarantee in subparagraph (A) is fulfilled, the employer may terminate the workers’ employment. 

‘‘(ii) REQUIREMENTS.—If a worker’s employment is 

terminated under clause (i), the employer shall— 

‘‘(I) fulfill the employment guarantee in subparagraph (A) for the work days that have elapsed 

during the period beginning on the first work day 

and ending on the date on which such employment is terminated; 

‘‘(II) make efforts to transfer the worker to other 

comparable employment acceptable to the worker; 

and 

‘‘(III) not later than 72 hours after termination, 

notify the Secretary of Agriculture of such termination and stating the nature of the contract impossibility. 

‘‘(k) NONDELEGATION.—The Department of Agriculture and the 

Department of Homeland Security shall not delegate their investigatory, enforcement, or administrative functions relating to this 

12 

section or section 218B to other agencies or departments of the 

Federal Government. 

‘‘(l) COMPLIANCE WITH BIO-SECURITY PROTOCOLS.—Except in the 

case of an imminent threat to health or safety, any personnel from 

a Federal agency or Federal grantee seeking to determine the compliance of an employer with the requirements of this section or section 218B shall, when visiting such employer’s place of employment, make their presence known to the employer and sign-in in 

accordance with reasonable bio-security protocols before proceeding 

to any other area of the place of employment. 

‘‘(m) LIMITATION ON H–2C WORKERS’ STAY IN STATUS.— 

‘‘(1) MAXIMUM PERIOD.—The maximum continuous period of 

authorized status as an H–2C worker (including any extensions) is 24 months for workers employed in a job that is of a 

temporary or seasonal nature. For H–2C workers employed in 

a job that is not of a temporary or seasonal nature, the initial 

maximum continuous period of authorized status is 36 months 

and subsequent maximum continuous periods of authorized 

status are 24 months. 

‘‘(2) REQUIREMENT TO REMAIN OUTSIDE THE UNITED STATES.— 

In the case of H–2C workers who were employed in a job of a 

temporary or seasonal nature whose maximum continuous period of authorized status as H–2C workers (including any extensions) have expired, the aliens may not again be eligible to 

be H–2C workers until they remain outside the United States 

for a continuous period equal to at least the lesser of 1⁄12 of the 

duration of their previous period of authorized status an H–2C 

workers or 45 days. For H–2C workers who were employed in 

a job not of a temporary or seasonal nature whose maximum 

continuous period of authorized status as H–2C workers (including any extensions) have expired, the aliens may not again 

be eligible to be H–2C workers until they remain outside the 

United States for a continuous period equal to at least the lesser of 1⁄12 of the duration of their previous period of authorized 

status as H–2C workers or 45 days. 

‘‘(3) EXCEPTIONS.— 

‘‘(A) The Secretary of Homeland Security shall deduct 

absences from the United States that take place during an 

H–2C worker’s period of authorized status from the period 

that the alien is required to remain outside the United 

States under paragraph (2), if the alien or the alien’s employer requests such a deduction, and provides clear and 

convincing proof that the alien qualifies for such a deduction. Such proof shall consist of evidence such as arrival 

and departure records, copies of tax returns, and records 

of employment abroad. 

‘‘(B) There is no maximum continuous period of authorized status as set forth in paragraph (1) or a requirement 

to remain outside the United States as set forth in paragraph (2) for H–2C workers employed as a sheepherder, 

goatherder, in the range production of livestock, or who return to the workers’ permanent residence outside the 

United States each day. 

‘‘(n) PERIOD OF ADMISSION.— 

13 

‘‘(1) IN GENERAL.—In addition to the maximum continuous 

period of authorized status, workers’ authorized period of admission shall include— 

‘‘(A) a period of not more than 7 days prior to the beginning of authorized employment as H–2C workers for the 

purpose of travel to the place of employment; and 

‘‘(B) a period of not more than 14 days after the conclusion of their authorized employment for the purpose of departure from the United States or a period of not more 

than 30 days following the employment for the purpose of 

seeking a subsequent offer of employment by an employer 

pursuant to a petition under this section (or pursuant to 

at-will employment under section 218B during such times 

as that section is in effect) if they have not reached their 

maximum continuous period of authorized employment 

under subsection (m) (subject to the exceptions in subsection (m)(3)) unless they accept subsequent offers of employment as H–2C workers or are otherwise lawfully 

present. 

‘‘(2) FAILURE TO DEPART.—H–2C workers who do not depart 

the United States within the periods referred to in paragraph 

(1) or, as applicable, paragraph (3), will be considered to have 

failed to maintain nonimmigrant status as H–2C workers and 

shall be subject to removal under section 237(a)(1)(C)(i). Such 

aliens shall be considered to be inadmissible pursuant to section 212(a)(9)(B)(i) for having been unlawfully present, with 

the aliens considered to have been unlawfully present for 181 

days as of the 15th day following their period of employment 

for the purpose of departure or as of the 31st day following 

their period of employment for the purpose of seeking subsequent offers of employment. 

‘‘(3) APPLICATION FOR MAXIMUM PERIOD.—Notwithstanding 

the duration of the work requested by the employer petitioning 

for the admission of an H-2C worker, if the alien is granted a 

visa, at the request of the alien, the term of the visa shall be 

for the maximum period described in subsection (m)(1), except 

that if such an alien is unable to secure subsequent employment 30 days after the conclusion of their authorized employment, the alien shall be required to depart the United States 

as described in paragraph (1)(B). 

‘‘(o) ABANDONMENT OF EMPLOYMENT.— 

‘‘(1) REPORT BY EMPLOYER.—Not later than 72 hours after an 

employer learns of the abandonment of employment by H–2C 

workers before the conclusion of their work contracts, the employer shall notify the Secretary of Agriculture and the Secretary of Homeland Security of such abandonment. 

‘‘(2) REPLACEMENT OF ALIENS.—An employer may designate 

eligible aliens to replace H–2C workers who abandon employment notwithstanding the numerical limitation found in section 214(g)(1)(C). 

‘‘(p) CHANGE TO H–2C STATUS.— ‘‘(1) WAIVER.—In the case of an alien described in paragraph 

(2), the Secretary of Homeland Security shall waive the 

grounds of inadmissibility under paragraphs (5)(A), (6)(A), 

(6)(C), (7), (9)(B), and (9)(C) of section 212(a), and the grounds 

14 

of deportability under paragraphs (1)(A) (with respect to the 

grounds of inadmissibility waived under this paragraph), 

(1)(B), (1)(C), (3)(A), and (3)(C) of section 237(a), with respect 

to conduct that occurred prior to the alien first receiving status 

as an H–2C worker, solely in order to provide the alien with 

such status. 

‘‘(2) ALIEN DESCRIBED.—An alien described in this paragraph 

is an alien who— 

‘‘(A) was unlawfully present in the United States on October 23, 2017; and 

‘‘(B) performed agricultural labor or services in the 

United States for at least 5.75 hours during each of at 

least 180 days during the 2-year period ending on October 

23, 2017. 

‘‘(3) SPECIAL APPROVAL PROCEDURES.—Before an alien described in paragraph (2) can be provided with nonimmigrant 

status under section 101(a)(15)(H)(ii)(C), the alien must depart 

the United States for a period during the interval between the 

date of issuance of final rules carrying out the AG Act and the 

date that is 12 months after such issuance. If such an alien is 

the beneficiary of an approved H-2C petition, for the purpose 

of meeting such requirement to depart the United States before being provided with nonimmigrant status under section 

101(a)(15)(H)(ii)(C), the Secretary shall authorize parole for the 

alien to travel to the United States without a visa and shall 

issue an appropriate document authorizing such travel. Prior 

to authorizing parole for the alien, the Secretary shall conduct 

an in person interview, as appropriate, and a background 

check to determine that the alien is not inadmissible to the 

United States under section 212(a) or deportable under section 

237(a), except with regard to the grounds of inadmissibility 

and grounds of deportability waived under paragraph (1). 

‘‘(q) TRUST FUND TO ASSURE WORKER RETURN.— ‘‘(1) ESTABLISHMENT.—There is established in the Treasury 

of the United States a trust fund (in this section referred to as 

the ‘Trust Fund’) for the purpose of providing a monetary incentive for H–2C workers to return to their country of origin 

upon expiration of their visas. 

‘‘(2) WITHHOLDING OF WAGES; PAYMENT INTO THE TRUST

FUND.— 

‘‘(A) IN GENERAL.—Notwithstanding the Fair Labor 

Standards Act of 1938 (29 U.S.C. 201 et seq.) and State 

and local wage laws, all employers of H–2C workers shall 

withhold from the wages of all H–2C workers other than 

those employed as sheepherders, goatherders, in the range 

production of livestock, or who return to the their permanent residence outside the United States each day, an 

amount equivalent to 10 percent of the gross wages of each 

worker in each pay period and, on behalf of each worker, 

transfer such withheld amount to the Trust Fund. 

‘‘(B) JOBS THAT ARE NOT OF A TEMPORARY OR SEASONAL

NATURE.—Employers of H–2C workers employed in jobs 

that are not of a temporary or seasonal nature, other than 

those employed as a sheepherder, goatherder, or in the 

range production of livestock, shall also pay into the Trust 

15 

Fund an amount equivalent to the Federal tax on the 

wages paid to H–2C workers that the employer would be 

obligated to pay under chapters 21 and 23 of the Internal 

Revenue Code of 1986 had the H–2C workers been subject 

to such chapters. 

‘‘(3) DISTRIBUTION OF FUNDS.—Amounts paid into the Trust 

Fund on behalf of an H–2C worker, and held pursuant to paragraph (2)(A) and interest earned thereon, shall be transferred 

from the Trust Fund to the Secretary of Homeland Security, 

who shall distribute them to the worker if the worker— 

‘‘(A) applies to the Secretary of Homeland Security (or 

the designee of the Secretary) for payment within 120 days 

of the expiration of the alien’s last authorized stay in the 

United States as an H–2C worker, for which they seek 

amounts from the Trust Fund; 

‘‘(B) establishes to the satisfaction of the Secretary of 

Homeland Security that they have complied with the 

terms and conditions of the H–2C program; 

‘‘(C) once approved by the Secretary of Homeland Security for payment, physically appears at a United States 

embassy or consulate in the worker’s home country; and 

‘‘(D) establishes their identity to the satisfaction of the 

Secretary of Homeland Security. 

‘‘(4) ADMINISTRATIVE EXPENSES.—The amounts paid into the 

Trust Fund and held pursuant to paragraph (2)(B), and interest earned thereon, shall be distributed annually to the Secretary of Agriculture and the Secretary of Homeland Security 

in amounts proportionate to the expenses incurred by such officials in the administration and enforcement of the terms of the 

H–2C program. 

‘‘(5) LAW ENFORCEMENT.—Notwithstanding any other provision of law, amounts paid into the Trust Fund under paragraph (2), and interest earned thereon, that are not needed to 

carry out paragraphs (3) and (4) shall, to the extent provided 

in advance in appropriations Acts, be made available until expended without fiscal year limitation to the Secretary of Homeland Security to apprehend, detain, and remove aliens inadmissible to or deportable from the United States. 

‘‘(6) INVESTMENT OF TRUST FUND.— ‘‘(A) IN GENERAL.—It shall be the duty of the Secretary 

of the Treasury to invest such portion of the Trust Fund 

as is not, in the Secretary’s judgment, required to meet 

current withdrawals. Such investments may be made only 

in interest-bearing obligations of the United States or in 

obligations guaranteed as to both principal and interest by 

the United States. 

‘‘(B) CREDITS TO TRUST FUND.—The interest on, and the 

proceeds from the sale or redemption of, any obligations 

held in the Trust Fund shall be credited to and form a part 

of the Trust Fund. 

‘‘(C) REPORT TO CONGRESS.—It shall be the duty of the 

Secretary of the Treasury to hold the Trust Fund, and 

(after consultation with the Secretary of Homeland Security) to report to the Congress each year on the financial 

condition and the results of the operations of the Trust 

16 

Fund during the preceding fiscal year and on its expected 

condition and operations during the next fiscal year. Such 

report shall be printed as both a House and a Senate document of the session of the Congress in which the report is 

made. 

‘‘(r) PROCEDURES FOR SPECIAL PROCEDURES INDUSTRIES.— ‘‘(1) WORK LOCATIONS.—The Secretary of Homeland Security 

shall permit an employer in a special procedures industry or 

that engages in a forestry-related activity that does not operate 

at a single fixed place of employment to provide, as part of its 

petition, a list of places of employment, which— 

‘‘(A) may include an itinerary; and 

‘‘(B) may be subsequently amended at any time by the 

employer, after notice to the Secretary. 

‘‘(2) WAGES.—Notwithstanding subsection (j)(2), the Secretary of Agriculture may establish monthly, weekly, or biweekly wage rates for occupations in a Special Procedures Industry for a State or other geographic area. For an employer 

in a Special Procedures Industry that typically pays a monthly 

wage, the Secretary shall require that H–2C workers be paid 

not less frequently than monthly and at a rate no less than the 

legally required monthly cash wage in an amount as re-determined annually by the Secretary. 

‘‘(3) ALLERGY LIMITATION.—An employer engaged in the commercial beekeeping or pollination services industry may require that job applicants be free from bee-related allergies, including allergies to pollen and bee venom. 

‘‘(s) FLEXIBILITY WITH RESPECT TO START DATES.—Upon approval 

of a petition with regard to jobs that are of a temporary or seasonal 

nature, the employer may begin the employment of petitioned-for 

H–2C workers up to ten months after the first date the employer 

requires the labor or services of H–2C workers. 

‘‘(t) ADJUSTMENT OF STATUS.—In applying section 245 to an alien 

who is an H–2C worker who was the beneficiary of a waiver under 

subsection (p)(1)— 

‘‘(1) such alien shall be deemed to have been inspected and 

admitted into the United States; and 

‘‘(2) in determining the alien’s admissibility as an immigrant, 

paragraphs (5)(A), (6)(A), (6)(C), (7), (9)(B), and (9)(C)(i)(I) of 

section 212(a) shall not apply with respect to conduct that occurred prior to the alien first receiving status as an H-2C 

worker.’’. 

(b) AT-WILL EMPLOYMENT.—Chapter 2 of title II of the Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is amended by inserting after section 218A (as inserted by subsection (a) of this section) the following: 

‘‘SEC. 218B. AT-WILL EMPLOYMENT OF TEMPORARY H–2C WORKERS. 

‘‘(a) IN GENERAL.—An employer that is designated as a ‘registered agricultural employer’ pursuant to subsection (c) may employ aliens as H–2C workers. However, an H–2C worker may only 

perform labor or services pursuant to this section if the worker is 

already lawfully present in the United States as an H–2C worker, 

having been admitted or otherwise provided nonimmigrant status 

pursuant to section 218A, and has completed the period of employment specified in the job offer the worker accepted pursuant to secVerDate Sep 11 2014 06:18 Jun 21, 2018 Jkt 079008 PO 00000 Frm 00016 Fmt 6659 Sfmt 6602 E:\HR\OC\HR770.XXX HR770
17 

tion 218A or the employer has terminated the worker’s employment pursuant to section 218A(j)(3)(D)(i). An H–2C worker who 

abandons the employment which was the basis for admission or 

status pursuant to section 218A may not perform labor or services 

pursuant to this section until the worker has returned to their 

home country, been readmitted as an H–2C worker pursuant to 

section 218A and has completed the period of employment specified 

in the job offer the worker accepted pursuant to section 218A or the 

employer has terminated the worker’s employment pursuant to section 218A(j)(3)(D)(i). 

‘‘(b) PERIOD OF STAY.—H–2C workers performing at-will labor or 

services for a registered agricultural employer are subject to the 

period of admission, limitation of stay in status, and requirement 

to remain outside the United States contained in subsections (m) 

and (n) of section 218A, except that subsection (m)(3)(A) does not 

apply. 

‘‘(c) REGISTERED AGRICULTURAL EMPLOYERS.—The Secretary of 

Agriculture shall establish a process to accept and adjudicate applications by employers to be designated as registered agricultural 

employers. The Secretary shall require, as a condition of approving 

the application, the payment of a fee to recover the reasonable cost 

of processing the application. The Secretary shall designate an employer as a registered agricultural employer if the Secretary determines that the employer— 

‘‘(1) employs (or plans to employ) individuals who perform 

agricultural labor or services; 

‘‘(2) has not been subject to debarment from receiving temporary agricultural labor certifications pursuant to section 

101(a)(15)(H)(ii)(a) within the last three years; 

‘‘(3) has not been subject to disqualification from the employment of H–2C workers within the last five years; 

‘‘(4) agrees to, if employing H–2C workers pursuant to this 

section, fulfill the attestations contained in section 218A(b) as 

if it had submitted a petition making those attestations (excluding subsection (j)(3) of such section) and not to employ H– 

2C workers who have reached their maximum continuous period of authorized status under section 218A(m) (subject to the 

exceptions contained in section 218A(m)(3)) or if the workers 

have complied with the terms of section 218A(m)(2); and 

‘‘(5) agrees to notify the Secretary of Agriculture and the Secretary of Homeland Security each time it employs H–2C workers pursuant to this section within 72 hours of the commencement of employment and within 72 hours of the cessation of 

employment. 

‘‘(d) LENGTH OF DESIGNATION.—An employer’s designation as a 

registered agricultural employer shall be valid for 3 years, and the 

Secretary may extend such designation for additional 3-year terms 

upon the reapplication of the employer. The Secretary shall revoke 

a designation before the expiration of its 3-year term if the employer is subject to disqualification from the employment of H–2C 

workers subsequent to being designated as a registered agricultural employer. 

‘‘(e) ENFORCEMENT.—The Secretary of Agriculture shall be responsible for conducting investigations and audits, including random audits, of employers to ensure compliance with the requireVerDate Sep 11 2014 06:18 Jun 21, 2018 Jkt 079008 PO 00000 Frm 00017 Fmt 6659 Sfmt 6602 E:\HR\OC\HR770.XXX HR770
18 

ments of this section. All monetary fines levied against employers 

shall be paid to the Department of Agriculture and used to enhance 

the Department of Agriculture’s investigatory and audit abilities to 

ensure compliance by employers with their obligations under this 

section and section 218A. The Secretary of Agriculture’s enforcement powers and an employer’s liability described in subsections 

(h) through (i) of section 218A are applicable to employers employing H–2C workers pursuant to this section.’’. 

(c) PROHIBITION ON FAMILY MEMBERS.—Section 101(a)(15)(H) of 

the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) is 

amended by striking ‘‘him;’’ at the end and inserting ‘‘him, except 

that no spouse or child may be admitted under clause (ii)(c);’’. 

(d) NUMERICAL CAP.—Section 214(g)(1) of the Immigration and 

Nationality Act (8 U.S.C. 1184(g)(1)) is amended— 

(1) in subparagraph (A), by striking ‘‘or’’ at the end; 

(2) in subparagraph (B), by striking the period at the end 

and inserting ‘‘; or’’; and 

(3) by adding at the end the following: 

‘‘(C) under section 101(a)(15)(H)(ii)(c)— 

‘‘(i) may not exceed 40,000 for aliens issued visas or otherwise provided nonimmigrant status under such section 

for the purpose of performing agricultural labor or services 

consisting or meat or poultry processing; 

‘‘(ii) except as otherwise provided under this subparagraph, may not exceed 410,000 for aliens issued visas or 

otherwise provided nonimmigrant status under such section for the purpose of performing agricultural labor or 

services other than agricultural labor or services consisting 

of meat or poultry processing; 

‘‘(iii) if the base allocation under clause (ii) is exhausted 

during any fiscal year, the base allocation for that and 

subsequent fiscal years shall be increased by the lesser of 

10 percent or a percentage representing the number of petitioned-for aliens (as a percentage of the base allocation) 

who would be eligible to be issued visas or otherwise provided nonimmigrant status described in that clause during 

that fiscal year but for the base allocation being exhausted, and if the increased base allocation is itself exhausted during a subsequent fiscal year, the base allocation for that and subsequent fiscal years shall be further 

increased by the lesser of 10 percent or a percentage representing the number of petitioned-for aliens (as a percentage of the increased base allocation) who would be eligible 

to be issued visas or otherwise provided nonimmigrant status described in that clause during that fiscal year but for 

the increased base allocation being exhausted (subject to 

clause (iv)); 

‘‘(iv) if the base allocation under clause (ii) is not exhausted during any fiscal year, the base allocation under 

such clause for subsequent fiscal years shall be decreased 

by the greater of 5 percent or a percentage representing 

the unutilized portion of the base allocation (as a percentage of the base allocation) during that fiscal year, and if 

in a subsequent fiscal year the decreased base allocation is 

itself not exhausted, the base allocation for fiscal years 

19 

subsequent to that fiscal year shall be further decreased 

by the greater of 5 percent or a percentage representing 

the unutilized portion of the decreased base allocation (as 

a percentage of the decreased base allocation) during that 

fiscal year (subject to clause (iii) and except that the base 

allocation shall not fall below 410,000); and 

‘‘(v) for purposes of clause (ii), the numerical limitations 

shall not apply to any alien— 

‘‘(I) who— 

‘‘(aa) was physically present in the United 

States on October 23, 2017; and 

‘‘(bb) performed agricultural labor or services in 

the United States for at least 5.75 hours during 

each of at least 180 days during the 2-year period 

ending on October 23, 2017; or 

‘‘(II) who has previously been issued a visa or otherwise provided nonimmigrant status pursuant to subclause (a) or (b) of section 101(a)(15)(H)(ii), but only to 

the extent that the alien is being petitioned for by an 

employer pursuant to section 218A(b) who previously 

employed the alien pursuant to subclause (a) or (b) of 

section 101(a)(15)(H)(ii) beginning no later than October 23, 2017.’’. 

(e) INTENT.—Section 214(b) of the Immigration and Nationality 

Act (8 U.S.C. 1184(b)) is amended by striking ‘‘section 

101(a)(15)(H)(i) except subclause (b1) of such section’’ and inserting 

‘‘clause (i), except subclause (b1), or (ii)(c) of section 101(a)(15)(H)’’. 

(f) CLERICAL AMENDMENT.—The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by 

inserting after the item relating to section 218 the following: 

‘‘Sec. 218B. At-will employment of temporary H–2C workers.’’. 

SEC. 2104. MEDIATION. 

Nonimmigrants having status under section 101(a)(15)(H)(ii)(c) of 

the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(c)) 

may not bring civil actions for damages against their employers, 

nor may any other attorneys or individuals bring civil actions for 

damages on behalf of such nonimmigrants against the nonimmigrants’ employers, unless at least 90 days prior to bringing an 

action a request has been made to the Federal Mediation and Conciliation Service to assist the parties in reaching a satisfactory resolution of all issues involving all parties to the dispute and mediation has been attempted. 

SEC. 2105. MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION. 

Section 3(8)(B)(ii) of the Migrant and Seasonal Agricultural 

Worker Protection Act (29 U.S.C. 1802(8)(B)(ii)) is amended by 

striking ‘‘under sections 101(a)(15)(H)(ii)(a) and 214(c) of the Immigration and Nationality Act.’’ and inserting ‘‘under subclauses (a) 

and (c) of section 101(a)(15)(H)(ii), and section 214(c), of the Immigration and Nationality Act.’’. 

SEC. 2106. BINDING ARBITRATION. 

(a) APPLICABILITY.—H–2C workers may, as a condition of employment with an employer, be subject to mandatory binding arbitration and mediation of any grievance relating to the employment reVerDate Sep 11 2014 06:18 Jun 21, 2018 Jkt 079008 PO 00000 Frm 00019 Fmt 6659 Sfmt 6602 E:\HR\OC\HR770.XXX HR770
20 

lationship. An employer shall provide any such workers with notice 

of such condition of employment at the time it makes job offers. 

(b) ALLOCATION OF COSTS.—Any cost associated with such arbitration and mediation process shall be equally divided between the 

employer and the H–2C workers, except that each party shall be 

responsible for the cost of its own counsel, if any. 

(c) DEFINITIONS.—As used in this section: 

(1) The term ‘‘condition of employment’’ means a term, condition, obligation, or requirement that is part of the job offer, 

such as the term of employment, job responsibilities, employee 

conduct standards, and the grievance resolution process, and to 

which applicants or prospective H–2C workers must consent or 

accept in order to be hired for the position. 

(2) The term ‘‘H–2C worker’’ means a nonimmigrant described in section 218A(a)(5) of the Immigration and Nationality Act, as added by this title. 

SEC. 2107. ELIGIBILITY FOR HEALTH CARE SUBSIDIES AND REFUNDABLE TAX CREDITS; REQUIRED HEALTH INSURANCE COVERAGE. 

(a) HEALTH CARE SUBSIDIES.—H–2C workers (as defined in section 218A(a)(5) of the Immigration and Nationality Act, as added 

by this title)— 

(1) are not entitled to the premium assistance tax credit authorized under section 36B of the Internal Revenue Code of 

1986 and shall be subject to the rules applicable to individuals 

who are not lawfully present set forth in subsection (e) of such 

section; and 

(2) shall be subject to the rules applicable to individuals who 

are not lawfully present set forth in section 1402(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18071(e)). 

(b) REFUNDABLE TAX CREDITS.—H–2C workers (as defined in section 218A(a)(5) of the Immigration and Nationality Act, as added 

by this title), shall not be allowed any credit under sections 24 and 

32 of the Internal Revenue Code of 1986. In the case of a joint return, no credit shall be allowed under either such section if both 

spouses are such workers or aliens. 

(c) REQUIREMENT REGARDING HEALTH INSURANCE COVERAGE.— 

Notwithstanding the Fair Labor Standards Act of 1938 (29 U.S.C. 

201 et seq.) and State and local wage laws, not later than 21 days 

after being issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(ii)(c) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(c)), an alien must obtain 

health insurance coverage accepted in their State or States of employment and residence for the period of employment specified in 

section 218A(b)(1) of the Immigration and Nationality Act. H–2C 

workers under sections 218A or 218B of the Immigration and Nationality Act who do not obtain and maintain the required insurance coverage will be considered to have failed to maintain nonimmigrant status under section 101(a)(15)(H)(ii)(c) of the Immigration and Nationality Act and shall be subject to removal under section 237(a)(1)(C)(i) of the Immigration and Nationality Act (8 

U.S.C. 1227(a)(1)(C)(i)). 

21 

SEC. 2108. STUDY OF ESTABLISHMENT OF AN AGRICULTURAL WORKER EMPLOYMENT POOL. 

(a) STUDY.—The Secretary of Agriculture shall conduct a study 

on the feasibility of establishing an agricultural worker employment pool and an electronic Internet-based portal to assist H–2C 

workers (as such term is defined in section 218A of the Immigration and Nationality Act), prospective H–2C workers, and employers to identify job opportunities in the H–2C program and willing, 

able and available workers for the program, respectively. 

(b) CONTENTS.—The study required under subsection (a) shall include an analysis of— 

(1) the cost of creating such a pool and portal; 

(2) potential funding sources or mechanisms to support the 

creation and maintenance of the pool and portal; 

(3) with respect to H–2C workers and prospective H–2C 

workers in the pool, the data that would be relevant for employers; 

(4) the merits of assisting H–2C workers and employers in 

identifying job opportunities and willing, able, and available 

workers, respectively; and 

(5) other beneficial uses for such a pool and portal. 

(c) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Agriculture shall submit to the 

Committees on the Judiciary of the House of Representatives and 

the Senate a report containing the results of the study required 

under subsection (a). 

SEC. 2109. PREVAILING WAGE. 

Section 212(p) of the Immigration and Nationality Act (8 U.S.C. 

1182(p)) is amended— 

(1) in paragraph (1), by inserting after ‘‘subsections (a)(5)(A), 

(n)(1)(A)(i)(II), and (t)(1)(A)(i)(II)’’ the following: ‘‘of this section 

and section 218A(j)(2)(B)(ii)’’; and 

(2) in paragraph (3), by inserting after ‘‘subsections (a)(5)(A), 

(n)(1)(A)(i)(II), and (t)(1)(A)(i)(II)’’ the following: ‘‘of this section 

and section 218A(j)(2)(B)(ii)’’. 

SEC. 2110. PORTABILITY OF H-2C STATUS. 

Section 214(n)(1) of the Immigration and Nationality Act (8 

U.S.C. 1184(n)(1)) is amended by inserting after ‘‘section 

101(a)(15)(H)(i)(b)’’ the following: ‘‘or 101(a)(15)(H)(ii)(c)’’. 

SEC. 2111. EFFECTIVE DATES; SUNSET; REGULATIONS. 

(a) EFFECTIVE DATES; REGULATIONS.— 

(1) IN GENERAL.—Sections 2102 and 2104 through 2106 of 

this title, subsections (a) and (c) through (f) of section 2103 of 

this title, and the amendments made by the sections, shall 

take effect on the date on which the Secretary issues the rules 

under paragraph (3), and the Secretary of Homeland Security 

shall accept petitions pursuant to section 218A of the Immigration and Nationality Act, as inserted by this Act, beginning no 

later than that date. Sections 2107 and 2109 of this title shall 

take effect on the date of the enactment of this Act. 

(2) AT-WILL EMPLOYMENT.—Section 2103(b) of this title and 

the amendments made by that subsection shall take effect 

when— 

22 

(A) it becomes unlawful for all persons or other entities 

to hire, or to recruit or refer for a fee, for employment in 

the United States an individual (as provided in section 

274A(a)(1) of the Immigration and Nationality Act (8 

U.S.C. 1324a(a)(1))) without using the verification system 

set forth in section 274A(d) of such Act, as amended by 

section 1103 of title I of division B of this Act, to seek 

verification of the employment eligibility of an individual; 

and 

(B) such verification system, in providing confirmation of 

an individual’s employment eligibility, indicates whether 

an individual is eligible to be employed in all occupations 

or only to perform agricultural labor or services as a nonimmigrant who has been issued a visa or otherwise provided nonimmigrant status under section 

101(a)(15)(H)(ii)(C) of the Immigration and Nationality 

Act. 

(3) REGULATIONS.—Notwithstanding any other provision of 

law, not later than the first day of the seventh month that begins after the date of the enactment of this Act, the Secretary 

of Homeland Security shall issue final rules, on an interim or 

other basis, to carry out this title. 

(b) OPERATION AND SUNSET OF THE H–2A PROGRAM.— (1) APPLICATION OF EXISTING REGULATIONS.—The Department of Labor H–2A program regulations published at 73 Federal Register 77110 et seq. (2008) shall be in force for all petitions approved under sections 101(a)(15)(H)(ii)(a) and 218 of 

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

1101(a)(15)(h)(ii)(a); 8 U.S.C. 1188) beginning on the date of 

the enactment of this Act, except that the following, as in effect 

on such date, shall remain in effect, and, to the extent that any 

rule published at 73 Federal Register 77110 et seq. is in conflict, such rule shall have no force and effect: 

(A) Paragraph (a) and subparagraphs (1) and (3) of paragraph (b) of section 655.200 of title 20, Code of Federal 

Regulations. 

(B) Section 655.201 of title 20, Code of Federal Regulations, except the paragraphs entitled ‘‘Production of Livestock’’ and ‘‘Range’’. 

(C) Paragraphs (c), (d) and (e) of section 655.210 of title 

20, Code of Federal Regulations. 

(D) Section 655.230 of title 20, Code of Federal Regulations. 

(E) Section 655.235 of title 20, Code of Federal Regulations. 

(F) The Special Procedures Labor Certification Process 

for Employers in the Itinerant Animal Shearing Industry 

under the H–2A Program in effect under the Training and 

Employment Guidance Letter No. 17–06, Change 1, Attachment B, Section II, with an effective date of October 

1, 2011. 

(2) SUNSET.—Beginning on the date on which employers can 

file petitions pursuant to section 218A of the Immigration and 

Nationality Act, as added by section 2103(a) of this title, no 

new petitions under sections 101(a)(15)(H)(ii)(a) and 218 of the 

23 

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

1101(a)(15)(H)(ii)(a); 8 U.S.C. 1188) shall be accepted. 

SEC. 2112. REPORT ON COMPLIANCE AND VIOLATIONS. 

(a) IN GENERAL.—Not later than 1 year after the first day on 

which employers can file petitions pursuant to section 218A of the 

Immigration and Nationality Act, as added by section 2103(a) of 

this title, the Secretary of Homeland Security, in consultation with 

the Secretary of Agriculture, shall submit to the Committees on the 

Judiciary of the House of Representatives and the Senate a report 

on compliance by H–2C workers with the requirements of this title 

and the Immigration and Nationality Act, as amended by this title. 

In the case of a violation of a term or condition of the temporary 

agricultural work visa program established by this title, the report 

shall identify the provision or provisions of law violated. 

(b) DEFINITION.—As used in this section, the term ‘‘H–2C worker’’ 

means a nonimmigrant described in section 218A(a)(4) of the Immigration and Nationality Act, as added by section 2103(a) of this 

title. 

Page 102, line 10, strike ‘‘18’’ and insert ‘‘24’’. 

Page 108, line 3, strike ‘‘18’’ and insert ‘‘24’’. 

Page 295, strike lines 16 through 17. 

Æ