‘‘(D) WORKERS ENGAGED IN THE RANGE 
PRODUCTION OF LIVESTOCK.—The Secretary of 
Labor shall issue regulations that address the 
specific requirements for the provision of hous-
ing to workers engaged in the range production 
of livestock. 
‘‘(E) LIMITATION.—Nothing in this para-
graph shall be construed to require an employer 
to provide or secure housing for persons who 
were not entitled to such housing under the 
temporary labor certification regulations in ef-
fect on June 1, 1986. 
‘‘(F) HOUSING
ALLOWANCE
AS
ALTER-
NATIVE.— 
‘‘(i) IN GENERAL.—In lieu of offering 
housing pursuant to subparagraph (A), the 
employer may provide a reasonable housing 
allowance, but only if the requirement of 
clause (v) is satisfied. An employer who 
provides a housing allowance to a worker 
shall not be required to reserve housing ac-
commodations for the worker. 
‘‘(ii) ASSISTANCE TO LOCATE HOUS-
ING.—Upon the request of a worker seek-
ing assistance in locating housing, the em-
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ployer shall make a good faith effort to as-
sist the worker in identifying and locating 
housing in the area of intended employ-
ment. 
‘‘(iii) LIMITATION.—A housing allow-
ance may not be used for housing that is 
owned or controlled by the employer. An 
employer who offers a housing allowance to 
a worker, or assists a worker in locating 
housing which the worker occupies, pursu-
ant to this clause shall not be deemed a 
housing provider under section 203 of the 
Migrant and Seasonal Agricultural Worker 
Protection Act (29 U.S.C. 1823) solely by 
virtue of providing such housing allowance. 
‘‘(iv) CERTIFICATION.—The require-
ment of this clause is satisfied if the Gov-
ernor of the State certifies to the Secretary 
of Labor that there is adequate housing 
available in the area of intended employ-
ment for migrant farm workers, and H–2A 
workers, who are seeking temporary hous-
ing while employed at farm work. Such 
certification shall expire after 3 years un-
less renewed by the Governor of the State. 
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‘‘(v) AMOUNT OF ALLOWANCE.— 
‘‘(I) NONMETROPOLITAN
COUN-
TIES.—If the place of employment of 
the workers provided an allowance 
under this subparagraph is a non-
metropolitan county, the amount of 
the housing allowance under this sub-
paragraph shall be equal to the state-
wide average fair market rental for 
existing housing for nonmetropolitan 
counties for the State, as established 
by the Secretary of Housing and 
Urban Development pursuant to sec-
tion 8(c) of the United States Hous-
ing Act of 1937 (42 U.S.C. 1437f(c)), 
based on a 2-bedroom dwelling unit 
and an assumption of 2 persons per 
bedroom. 
‘‘(II) 
METROPOLITAN
COUN-
TIES.—If the place of employment of 
the workers provided an allowance 
under this paragraph is in a metro-
politan county, the amount of the 
housing allowance under this subpara-
graph shall be equal to the statewide 
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H3857
average fair market rental for existing 
housing for metropolitan counties for 
the State, as established by the Sec-
retary of Housing and Urban Devel-
opment pursuant to section 8(c) of 
the United States Housing Act of 
1937 (42 U.S.C. 1437f(c)), based on 
a 2-bedroom dwelling unit and an as-
sumption of 2 persons per bedroom. 
‘‘(4) REIMBURSEMENT OF TRANSPORTATION.— 
‘‘(A) TO PLACE OF EMPLOYMENT.— 
‘‘(i) IN
GENERAL.—A worker who 
completes 50 percent of the period of em-
ployment of the job opportunity for which 
the worker was hired, measured from the 
worker’s first day of work in such employ-
ment, shall be reimbursed by the employer 
for the cost of the worker’s transportation 
and subsistence from the place from which 
the worker was approved to enter the 
United States to work for the employer (or 
place of last employment, if the worker 
traveled from such place) to the place of 
employment by the employer. 
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