ing ‘‘1990.’’ and inserting ‘‘1990, or in the case of an 
alien described in subparagraph (D), if such conduct 
is alleged to have occurred before the date on which 
the alien was granted status under title I of the Farm 
Work Modernization Act of 2019.’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on the first day of the seventh 
month that begins after the date of the enactment of this 
Act. 
SEC. 129. DISCLOSURES AND PRIVACY. 
(a) IN GENERAL.—The Secretary may not disclose or 
use information provided in an application for certified ag-
ricultural worker status or adjustment of status under this 
title (including information provided during administra-
tive or judicial review) for the purpose of immigration en-
forcement. 
(b) REFERRALS PROHIBITED.—The Secretary, based 
solely on information provided in an application for cer-
tified agricultural worker status or adjustment of status 
under this title (including information provided during ad-
ministrative or judicial review), may not refer an applicant 
to U.S. Immigration and Customs Enforcement, U.S. Cus-
toms and Border Protection, or any designee of either such 
entity. 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
(c) EXCEPTIONS.—Notwithstanding subsections (a) 
and (b), information provided in an application for cer-
tified agricultural worker status or adjustment of status 
under this title may be shared with Federal security and 
law enforcement agencies— 
(1) for assistance in the consideration of an ap-
plication under this title; 
(2) to identify or prevent fraudulent claims or 
schemes; 
(3) for national security purposes; or 
(4) for the investigation or prosecution of any 
felony not related to immigration status. 
(d) PENALTY.—Any person who knowingly uses, pub-
lishes, or permits information to be examined in violation 
of this section shall be fined not more than $10,000. 
(e) PRIVACY.—The Secretary shall ensure that appro-
priate administrative and physical safeguards are in place 
to protect the security, confidentiality, and integrity of per-
sonally identifiable information collected, maintained, and 
disseminated pursuant to this title. 
SEC. 130. PENALTIES FOR FALSE STATEMENTS IN APPLICA-
TIONS. 
(a) CRIMINAL PENALTY.—Any person who— 
(1) files an application for certified agricultural 
worker status or adjustment of status under this title 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
and knowingly falsifies, conceals, or covers up a ma-
terial fact or makes any false, fictitious, or fraudulent 
statements or representations, or makes or uses any 
false writing or document knowing the same to con-
tain any false, fictitious, or fraudulent statement or 
entry; or 
(2) creates or supplies a false writing or docu-
ment for use in making such an application, 
shall be fined in accordance with title 18, United States 
Code, imprisoned not more than 5 years, or both. 
(b) INADMISSIBILITY.—An alien who is convicted 
under subsection (a) shall be deemed inadmissible to the 
United States under section 212(a)(6)(C)(i) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)). 
(c) DEPOSIT.—Fines collected under subsection (a) 
shall be deposited into the Immigration Examinations Fee 
Account pursuant to section 286(m) of the Immigration and 
Nationality Act (8 U.S.C. 1356(m)). 
SEC. 131. DISSEMINATION OF INFORMATION. 
(a) IN GENERAL.—Beginning not later than the first 
day of the application period described in section 101(c)— 
(1) the Secretary of Homeland Security, in co-
operation with qualified designated entities, shall 
broadly disseminate information described in sub-
section (b); and 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
(2) the Secretary of Agriculture, in consultation 
with the Secretary of Homeland Security, shall dis-
seminate to agricultural employers a document con-
taining the information described in subsection (b) for 
posting at employer worksites. 
(b) INFORMATION DESCRIBED.—The information de-
scribed in this subsection shall include— 
(1) the benefits that aliens may receive under 
this title; and 
(2) the requirements that an alien must meet to 
receive such benefits. 
SEC. 132. EXEMPTION FROM NUMERICAL LIMITATIONS. 
The numerical limitations under title II of the Immi-
gration and Nationality Act (8 U.S.C. 1151 et seq.) shall 
not apply to the adjustment of aliens to lawful permanent 
resident status under this title, and such aliens shall not 
be counted toward any such numerical limitation. 
SEC. 133. REPORTS TO CONGRESS. 
Not later than 180 days after the publication of the 
final rule under section 122(a), and annually thereafter for 
the following 10 years, the Secretary shall submit a report 
to Congress that identifies, for the previous fiscal year— 
(1) the number of principal aliens who applied 
for certified agricultural worker status under subtitle 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
A, and the number of dependent spouses and children 
included in such applications; 
(2) the number of principal aliens who were 
granted certified agricultural worker status under 
subtitle A, and the number of dependent spouses and 
children who were granted certified agricultural de-
pendent status; 
(3) the number of principal aliens who applied 
for an extension of their certified agricultural worker 
status under subtitle A, and the number of dependent 
spouses and children included in such applications; 
(4) the number of principal aliens who were 
granted an extension of certified agricultural worker 
status under subtitle A, and the number of dependent 
spouses and children who were granted certified agri-
cultural dependent status under such an extension; 
(5) the number of principal aliens who applied 
for adjustment of status under subtitle B, and the 
number of dependent spouses and children included in 
such applications; 
(6) the number of principal aliens who were 
granted lawful permanent resident status under sub-
title B, and the number of spouses and children who 
were granted such status as dependents; 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
(e) ELIGIBILITY FOR SERVICES.—Section 504(a)(11) 
of Public Law 104–134 (110 Stat. 1321–53 et seq.) shall 
not be construed to prevent a recipient of funds under title 
X of the Economic Opportunity Act of 1964 (42 U.S.C. 
2996 et seq.) from providing legal assistance directly related 
to an application for status under this title or to an alien 
granted such status. 
SEC. 135. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to the Sec-
retary, such sums as may be necessary to implement this 
title, including any amounts needed for costs associated 
with the initiation of such implementation, for each of fiscal 
years 2020 through 2022. 
TITLE II—ENSURING AN AGRI-
CULTURAL WORKFORCE FOR 
THE FUTURE 
Subtitle A—Reforming the H–2A 
Temporary Worker Program 
SEC. 201. COMPREHENSIVE AND STREAMLINED ELEC-
TRONIC H-2A PLATFORM. 
(a) STREAMLINED H-2A PLATFORM.— 
(1) IN
GENERAL.—Not later than 12 months 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security, in consultation with 
the Secretary of Labor, the Secretary of Agriculture, 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
the Secretary of State, and United States Digital 
Service, shall ensure the establishment of an electronic 
platform through which a petition for an H–2A work-
er may be filed. Such platform shall— 
(A) serve as a single point of access for an 
employer to input all information and sup-
porting documentation required for obtaining 
labor certification from the Secretary of Labor 
and the adjudication of the H–2A petition by the 
Secretary of Homeland Security; 
(B) serve as a single point of access for the 
Secretary of Homeland Security, the Secretary of 
Labor, and State workforce agencies to concur-
rently perform their respective review and adju-
dicatory responsibilities in the H–2A process; 
(C) facilitate communication between em-
ployers and agency adjudicators, including by 
allowing employers to— 
(i) receive and respond to notices of de-
ficiency and requests for information; 
(ii) submit requests for inspections and 
licensing; 
(iii) receive notices of approval and de-
nial; and 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
(iv) request reconsideration or appeal 
of agency decisions; and 
(D) provide information to the Secretary of 
State and U.S. Customs and Border Protection 
necessary for the efficient and secure processing 
of H–2A visas and applications for admission. 
(2) OBJECTIVES.—In developing the platform de-
scribed in paragraph (1), the Secretary of Homeland 
Security, in consultation with the Secretary of Labor, 
the Secretary of Agriculture, the Secretary of State, 
and United States Digital Service, shall streamline 
and improve the H–2A process, including by— 
(A) eliminating the need for employers to 
submit duplicate information and documenta-
tion to multiple agencies; 
(B) eliminating redundant processes, where 
a single matter in a petition is adjudicated by 
more than one agency; 
(C) reducing the occurrence of common peti-
tion errors, and otherwise improving and expe-
diting the processing of H–2A petitions; and 
(D) ensuring compliance with H–2A pro-
gram requirements and the protection of the 
wages and working conditions of workers. 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
(b) ONLINE JOB REGISTRY.—The Secretary of Labor 
shall maintain a national, publicly-accessible online job 
registry and database of all job orders submitted by H–2A 
employers. The registry and database shall— 
(1) be searchable using relevant criteria, includ-
ing the types of jobs needed to be filled, the date(s) 
and location(s) of need, and the employer(s) named in 
the job order; 
(2) provide an interface for workers in English, 
Spanish, and any other language that the Secretary 
of Labor determines to be appropriate; and 
(3) provide for public access of job orders ap-
proved under section 218(h)(2) of the Immigration 
and Nationality Act. 
SEC. 202. H–2A PROGRAM REQUIREMENTS. 
Section 218 of the Immigration and Nationality Act 
(8 U.S.C. 1188) is amended to read as follows: 
‘‘SEC. 218. ADMISSION OF TEMPORARY H–2A WORKERS. 
‘‘(a) LABOR CERTIFICATION CONDITIONS.—The Sec-
retary of Homeland Security may not approve a petition 
to admit an H–2A worker unless the Secretary of Labor 
has certified that— 
‘‘(1) there are not sufficient United States work-
ers who are able, willing and qualified, and who will 
be available at the time and place needed, to perform 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
the agricultural labor or services described in the peti-
tion; and 
‘‘(2) the employment of the H–2A worker in such 
labor or services will not adversely affect the wages 
and working conditions of workers in the United 
States who are similarly employed. 
‘‘(b) H–2A PETITION REQUIREMENTS.—An employer 
filing a petition for an H–2A worker to perform agricul-
tural labor or services shall attest to and demonstrate com-
pliance, as and when appropriate, with all applicable re-
quirements under this section, including the following: 
‘‘(1) NEED FOR LABOR OR SERVICES.—The em-
ployer has described the need for agricultural labor or 
services in a job order that includes a description of 
the nature and location of the work to be performed, 
the anticipated period or periods (expected start and 
end dates) for which the workers will be needed, and 
the number of job opportunities in which the em-
ployer seeks to employ the workers. 
‘‘(2) NONDISPLACEMENT
OF
UNITED
STATES 
WORKERS.—The employer has not and will not dis-
place United States workers employed by the em-
ployer during the period of employment of the H–2A 
worker and during the 60-day period immediately 
preceding such period of employment in the job for 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
which the employer seeks approval to employ the H– 
2A worker. 
‘‘(3) STRIKE OR LOCKOUT.—Each place of em-
ployment described in the petition is not, at the time 
of filing the petition and until the petition is ap-
proved, subject to a strike or lockout in the course of 
a labor dispute. 
‘‘(4) RECRUITMENT OF UNITED STATES WORK-
ERS.—The employer shall engage in the recruitment 
of United States workers as described in subsection 
(c) and shall hire such workers who are able, willing 
and qualified, and who will be available at the time 
and place needed, to perform the agricultural labor or 
services described in the petition. The employer may 
reject a United States worker only for lawful, job-re-
lated reasons. 
‘‘(5) WAGES, BENEFITS, AND WORKING CONDI-
TIONS.—The employer shall offer and provide, at a 
minimum, the wages, benefits, and working condi-
tions required by this section to the H–2A worker and 
all United States workers who are similarly em-
ployed. The employer— 
‘‘(A) shall offer such United States workers 
not less than the same benefits, wages, and work-
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
ing conditions that the employer is offering or 
will provide to the H–2A worker; and 
‘‘(B) may not impose on such United States 
workers any restrictions or obligations that will 
not be imposed on the H–2A worker. 
‘‘(6) WORKERS’ COMPENSATION.—If the job op-
portunity is not covered by or is exempt from the 
State workers’ compensation law, the employer shall 
provide, at no cost to the worker, insurance covering 
injury and disease arising out of, and in the course 
of, the worker’s employment which will provide bene-
fits at least equal to those provided under the State 
workers’ compensation law. 
‘‘(7) COMPLIANCE
WITH
LABOR
AND
EMPLOY-
MENT LAWS.—The employer shall comply with all ap-
plicable Federal, State and local employment-related 
laws and regulations. 
‘‘(c) RECRUITING REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The employer may satisfy 
the recruitment requirement described in subsection 
(b)(4) by satisfying all of the following: 
‘‘(A) JOB
ORDER.—As provided in sub-
section (h)(1), the employer shall complete a job 
order for posting on the electronic job registry 
maintained by the Secretary of Labor and for 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
distribution by the appropriate State workforce 
agency. Such posting shall remain on the job 
registry as an active job order through the period 
described in paragraph (2)(B). 
‘‘(B) FORMER WORKERS.—At least 45 days 
before each start date identified in the petition, 
the employer shall— 
‘‘(i) make reasonable efforts to contact 
any United States worker the employer em-
ployed in the previous year in the same oc-
cupation and area of intended employment 
for which an H–2A worker is sought (ex-
cluding workers who were terminated for 
cause or abandoned the worksite); and 
‘‘(ii) post such job opportunity in a 
conspicuous location or locations at the 
place of employment. 
‘‘(C) POSITIVE RECRUITMENT.—During the 
period of recruitment, the employer shall com-
plete any other positive recruitment steps within 
a multi-State region of traditional or expected 
labor supply where the Secretary of Labor finds 
that there are a significant number of qualified 
United States workers who, if recruited, would be 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
willing to make themselves available for work at 
the time and place needed. 
‘‘(2) PERIOD OF RECRUITMENT.— 
‘‘(A) IN
GENERAL.—For purposes of this 
subsection, the period of recruitment begins on 
the date on which the job order is posted on the 
online job registry and ends on the date that H– 
2A workers depart for the employer’s place of 
employment. For a petition involving more than 
1 start date under subsection (h)(1)(C), the end 
of the period of recruitment shall be determined 
by the date of departure of the H–2A workers for 
the final start date identified in the petition. 
‘‘(B) REQUIREMENT
TO
HIRE
US
WORK-
ERS.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
the limitations of subparagraph (A), the 
employer will provide employment to any 
qualified United States worker who applies 
to the employer for any job opportunity in-
cluded in the petition until the later of— 
‘‘(I) the date that is 30 days after 
the date on which work begins; or 
‘‘(II) the date on which— 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
‘‘(aa) 33 percent of the work 
contract for the job opportunity 
has elapsed; or 
‘‘(bb) if the employer is a 
labor contractor, 50 percent of the 
work contract for the job oppor-
tunity has elapsed. 
‘‘(ii) STAGGERED ENTRY.—For a peti-
tion involving more than 1 start date under 
subsection (h)(1)(C), each start date des-
ignated in the petition shall establish a sep-
arate job opportunity. An employer may 
not reject a United States worker because 
the worker is unable or unwilling to fill 
more than 1 job opportunity included in the 
petition. 
‘‘(iii) 
EXCEPTION.—Notwithstanding 
clause (i), the employer may offer a job op-
portunity to an H-2A worker instead of an 
alien granted certified agricultural worker 
status under title I of the Farm Workforce 
Modernization Act of 2019 if the H-2A 
worker was employed by the employer in 
each of 3 years during the most recent 4- 
year period. 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
‘‘(3) RECRUITMENT REPORT.— 
‘‘(A) IN
GENERAL.—The employer shall 
maintain a recruitment report through the ap-
plicable period described in paragraph (2)(B) 
and submit regular updates through the elec-
tronic platform on the results of recruitment. The 
employer shall retain the recruitment report, and 
all associated recruitment documentation, for a 
period of 3 years from the date of certification. 
‘‘(B) BURDEN OF PROOF.—If the employer 
asserts that any eligible individual who has ap-
plied or been referred is not able, willing or 
qualified, the employer bears the burden of proof 
to establish that the individual is not able, will-
ing or qualified because of a lawful, employment- 
related reason. 
‘‘(d) WAGE REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Each employer under this 
section will offer the worker, during the period of au-
thorized employment, wages that are at least the 
greatest of— 
‘‘(A) the agreed-upon collective bargaining 
wage; 
‘‘(B) the adverse effect wage rate (or any 
successor wage established under paragraph (7)); 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
‘‘(C) the prevailing wage (hourly wage or 
piece rate); or 
‘‘(D) the Federal or State minimum wage. 
‘‘(2) ADVERSE EFFECT WAGE RATE DETERMINA-
TIONS.— 
‘‘(A) IN
GENERAL.—Except as provided 
under subparagraph (B), the applicable adverse 
effect wage rate for each State and occupational 
classification for a calendar year shall be as fol-
lows: 
‘‘(i) The annual average hourly wage 
for the occupational classification in the 
State or region as reported by the Secretary 
of Agriculture based on a wage survey con-
ducted by such Secretary. 
‘‘(ii) If a wage described in clause (i) 
is not reported, the national annual average 
hourly wage for the occupational classifica-
tion as reported by the Secretary of Agri-
culture based on a wage survey conducted 
by such Secretary. 
‘‘(iii) If a wage described in clause (i) 
or (ii) is not reported, the Statewide annual 
average hourly wage for the standard occu-
pational classification as reported by the 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
Secretary of Labor based on a wage survey 
conducted by such Secretary. 
‘‘(iv) If a wage described in clause (i), 
(ii), or (iii) is not reported, the national 
average hourly wage for the occupational 
classification as reported by the Secretary of 
Labor based on a wage survey conducted by 
such Secretary. 
‘‘(B) LIMITATIONS
ON
WAGE
FLUCTUA-
TIONS.— 
‘‘(i) WAGE
FREEZE
FOR
CALENDAR 
YEAR
2020.—For calendar year 2020, the 
adverse effect wage rate for each State and 
occupational classification under this sub-
section shall be the adverse effect wage rate 
that was in effect for H–2A workers in the 
applicable State in calendar year 2019. 
‘‘(ii) CALENDAR YEARS 2021 THROUGH 
2029.—For each of calendar years 2021 
through 2029, the adverse effect wage rate 
for each State and occupational classifica-
tion under this subsection shall be the wage 
calculated under subparagraph (A), except 
that such wage may not— 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
‘‘(I) be more than 1.5 percent 
lower than the wage in effect for H–2A 
workers in the applicable State and oc-
cupational classification in the imme-
diately preceding calendar year; 
‘‘(II) except as provided in clause 
(III), be more than 3.25 percent higher 
than the wage in effect for H–2A work-
ers in the applicable State and occupa-
tional classification in the immediately 
preceding calendar year; and 
‘‘(III) if the application of clause 
(II) results in a wage that is lower 
than 110 percent of the applicable Fed-
eral or State minimum wage, be more 
than 4.25 percent higher than the wage 
in effect for H–2A workers in the ap-
plicable State and occupational classi-
fication in the immediately preceding 
calendar year. 
‘‘(iii) CALENDAR YEARS AFTER 2029.— 
For any calendar year after 2029, the ap-
plicable wage rate described in paragraph 
(1)(B) shall be the wage rate established 
pursuant to paragraph (7)(D). Until such 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
wage rate is effective, the adverse effect wage 
rate for each State and occupational classi-
fication under this subsection shall be the 
wage calculated under subparagraph (A), 
except that such wage may not be more 
than 1.5 percent lower or 3.25 percent high-
er than the wage in effect for H–2A workers 
in the applicable State and occupational 
classification in the immediately preceding 
calendar year. 
‘‘(3) MULTIPLE OCCUPATIONS.—If the primary 
job duties for the job opportunity described in the pe-
tition do not fall within a single occupational classi-
fication, the applicable wage rates under subpara-
graphs (B) and (C) of paragraph (1) for the job op-
portunity shall be based on the highest such wage 
rates for all applicable occupational classifications. 
‘‘(4) PUBLICATION; WAGES IN EFFECT.— 
‘‘(A) PUBLICATION.—Prior to the start of 
each calendar year, the Secretary of Labor shall 
publish the applicable adverse effect wage rate 
(or successor wage rate, if any), and prevailing 
wage if available, for each State and occupa-
tional classification through notice in the Fed-
eral Register. 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
‘‘(B) JOB ORDERS IN EFFECT.—Except as 
provided in subparagraph (C), publication by 
the Secretary of Labor of an updated adverse ef-
fect wage rate or prevailing wage for a State and 
occupational classification shall not affect the 
wage rate guaranteed in any approved job order 
for which recruitment efforts have commenced at 
the time of publication. 
‘‘(C) EXCEPTION FOR YEAR-ROUND JOBS.— 
If the Secretary of Labor publishes an updated 
adverse effect wage rate or prevailing wage for a 
State and occupational classification concerning 
a petition described in subsection (i), and the 
updated wage is higher than the wage rate guar-
anteed in the work contract, the employer shall 
pay the updated wage not later than 14 days 
after publication of the updated wage in the Fed-
eral Register. 
‘‘(5) WORKERS
PAID
ON
A
PIECE
RATE
OR 
OTHER INCENTIVE BASIS.—If an employer pays by 
the piece rate or other incentive method and requires 
1 or more minimum productivity standards as a con-
dition of job retention, such standards shall be speci-
fied in the job order and shall be no more than those 
normally required (at the time of the first petition for 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
H–2A workers) by other employers for the activity in 
the area of intended employment, unless the Secretary 
of Labor approves a higher minimum standard re-
sulting from material changes in production methods. 
‘‘(6) GUARANTEE OF EMPLOYMENT.— 
‘‘(A) OFFER
TO
WORKER.—The employer 
shall guarantee the worker employment for the 
hourly equivalent of at least three-fourths of the 
work days of the total period of employment, be-
ginning with the first work day after the arrival 
of the worker at the place of employment and 
ending on the date specified in the job offer. For 
purposes of this subparagraph, the hourly equiv-
alent means the number of hours in the work 
days as stated in the job offer and shall exclude 
the worker’s Sabbath and Federal holidays. If the 
employer affords the worker less employment 
than that required under this paragraph, the em-
ployer shall pay the worker the amount which 
the worker would have earned had the worker, in 
fact, worked for the guaranteed number of hours. 
‘‘(B) FAILURE TO WORK.—Any hours which 
the worker fails to work, up to a maximum of 
the number of hours specified in the job offer for 
a work day, when the worker has been offered an 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
opportunity to do so, and all hours of work actu-
ally performed (including voluntary work in ex-
cess of the number of hours specified in the job 
offer in a work day, on the worker’s Sabbath, or 
on Federal holidays) may be counted by the em-
ployer in calculating whether the period of guar-
anteed employment has been met. 
‘‘(C) ABANDONMENT OF EMPLOYMENT; TER-
MINATION FOR CAUSE.—If the worker voluntarily 
abandons employment without good cause before 
the end of the contract period, or is terminated 
for cause, the worker is not entitled to the guar-
antee of employment described in subparagraph 
(A). 
‘‘(D) CONTRACT IMPOSSIBILITY.—If, before 
the expiration of the period of employment speci-
fied in the job offer, the services of the worker are 
no longer required for reasons beyond the control 
of the employer due to any form of natural dis-
aster before the guarantee in subparagraph (A) 
is fulfilled, the employer may terminate the 
worker’s employment. In the event of such termi-
nation, the employer shall fulfill the employment 
guarantee in subparagraph (A) for the work 
days that have elapsed from the first work day 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
after the arrival of the worker to the termination 
of employment. The employer shall make efforts 
to transfer a United States worker to other com-
parable employment acceptable to the worker. If 
such transfer is not affected, the employer shall 
provide the return transportation required in 
subsection (f)(2). 
‘‘(7) WAGE STANDARDS AFTER 2029.— 
‘‘(A) STUDY
OF
ADVERSE
EFFECT
WAGE 
RATE.—Beginning in fiscal year 2026, the Sec-
retary of Agriculture and Secretary of Labor 
shall jointly conduct a study that addresses— 
‘‘(i) whether the employment of H–2A 
workers has depressed the wages of United 
States farm workers; 
‘‘(ii) whether an adverse effect wage 
rate is necessary to protect the wages of 
United States farm workers in occupations 
in which H–2A workers are employed; 
‘‘(iii) whether alternative wage stand-
ards would be sufficient to prevent wages in 
occupations in which H–2A workers are 
employed from falling below the wage level 
that would have prevailed in the absence of 
H–2A employment; 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
‘‘(iv) whether any changes are war-
ranted in the current methodologies for cal-
culating the adverse effect wage rate and the 
prevailing wage rate; and 
‘‘(v) recommendations for future wage 
protection under this section. 
‘‘(B) FINAL REPORT.—Not later than Octo-
ber 1, 2027, the Secretary of Agriculture and 
Secretary of Labor shall jointly prepare and sub-
mit a report to the Congress setting forth the 
findings of the study conducted under subpara-
graph (A) and recommendations for future wage 
protections under this section. 
‘‘(C) CONSULTATION.—In conducting the 
study under subparagraph (A) and preparing 
the report under subparagraph (B), the Sec-
retary of Agriculture and Secretary of Labor 
shall consult with representatives of agricultural 
employers and an equal number of representa-
tives of agricultural workers, at the national, 
State and local level. 
‘‘(D) WAGE DETERMINATION AFTER 2029.— 
Upon publication of the report described in sub-
paragraph (B), the Secretary of Labor, in con-
sultation with and the approval of the Secretary 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
of Agriculture, shall make a rule to establish a 
process for annually determining the wage rate 
for purposes of paragraph (1)(B) for fiscal years 
after 2029. Such process shall be designed to en-
sure that the employment of H-2A workers does 
not undermine the wages and working conditions 
of similarly employed United States workers. 
‘‘(e) HOUSING REQUIREMENTS.—Employers shall fur-
nish housing in accordance with regulations established by 
the Secretary of Labor. Such regulations shall be consistent 
with the following: 
‘‘(1) IN GENERAL.—The employer shall be per-
mitted at the employer’s option to provide housing 
meeting applicable Federal standards for temporary 
labor camps or to secure housing which meets the 
local standards for rental and/or public accommoda-
tions or other substantially similar class of habi-
tation: Provided, That in the absence of applicable 
local standards, State standards for rental and/or 
public accommodations or other substantially similar 
class of habitation shall be met: Provided further, 
That in the absence of applicable local or State stand-
ards, Federal temporary labor camp standards shall 
apply. 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
‘‘(2) FAMILY
HOUSING.—Except as otherwise 
provided in subsection (i)(5), the employer shall pro-
vide family housing to workers with families who re-
quest it when it is the prevailing practice in the area 
and occupation of intended employment to provide 
family housing. 
‘‘(3) 
UNITED
STATES
WORKERS.—Notwith-
standing paragraphs (1) and (2), an employer is not 
required to provide housing to United States workers 
who are reasonably able to return to their residence 
within the same day. 
‘‘(4) TIMING OF INSPECTION.— 
‘‘(A) IN GENERAL.—The Secretary of Labor 
or designee shall make a determination as to 
whether the housing furnished by an employer 
for a worker meets the requirements imposed by 
this subsection prior to the date on which the 
Secretary of Labor is required to make a certifi-
cation with respect to a petition for the admis-
sion of such worker. 
‘‘(B) TIMELY INSPECTION.—The Secretary 
of Labor shall provide a process for— 
‘‘(i) an employer to request inspection 
of housing up to 60 days before the date on 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
which the employer will file a petition 
under this section; and 
‘‘(ii) annual inspection of housing for 
workers who are engaged in agricultural 
employment that is not of a seasonal or 
temporary nature. 
‘‘(f) TRANSPORTATION REQUIREMENTS.— 
‘‘(1) TRAVEL
TO
PLACE
OF
EMPLOYMENT.—A 
worker who completes 50 percent of the period of em-
ployment specified in the job order shall be reim-
bursed by the employer for the cost of the worker’s 
transportation and subsistence from the place from 
which the worker came to work for the employer (or 
place of last employment, if the worker traveled from 
such place) to the place of employment. 
‘‘(2) TRAVEL FROM PLACE OF EMPLOYMENT.— 
For a worker who completes the period of employment 
specified in the job order or who is terminated with-
out cause, the employer shall provide or pay for the 
worker’s transportation and subsistence from the 
place of employment to the place from which the 
worker, disregarding intervening employment, came 
to work for the employer, or to the place of next em-
ployment, if the worker has contracted with a subse-
quent employer who has not agreed to provide or pay 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
for the worker’s transportation and subsistence to 
such subsequent employer’s place of employment. 
‘‘(3) LIMITATION.— 
‘‘(A) AMOUNT
OF
REIMBURSEMENT.—Ex-
cept as provided in subparagraph (B), the 
amount of reimbursement provided under para-
graph (1) or (2) to a worker need not exceed the 
lesser of— 
‘‘(i) the actual cost to the worker of the 
transportation and subsistence involved; or 
‘‘(ii) the most economical and reason-
able common carrier transportation charges 
and subsistence costs for the distance in-
volved. 
‘‘(B) DISTANCE TRAVELED.—For travel to 
or from the worker’s home country, if the travel 
distance between the worker’s home and the rel-
evant consulate is 50 miles or less, reimburse-
ment for transportation and subsistence may be 
based on transportation to or from the consulate. 
‘‘(g) HEAT ILLNESS PREVENTION PLAN.—The em-
ployer shall maintain a reasonable plan that describes the 
employer’s procedures for the prevention of heat illness, in-
cluding appropriate training, access to water and shade, 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
the provision of breaks, and the protocols for emergency re-
sponse. Such plan shall— 
‘‘(1) be in writing in English and, to the extent 
necessary, any language common to a significant por-
tion of the workers if they are not fluent in English; 
and 
‘‘(2) be posted at a conspicuous location at the 
worksite and provided to employees prior to the com-
mencement of labor or services. 
‘‘(h) H–2A PETITION PROCEDURES.— 
‘‘(1) 
SUBMISSION
OF
PETITION
AND
JOB 
ORDER.— 
‘‘(A) IN GENERAL.—The employer shall sub-
mit information required for the adjudication of 
the H–2A petition, including a job order, 
through the electronic platform no more than 75 
calendar days and no fewer than 60 calendar 
days before the employer’s first date of need spec-
ified in the petition. 
‘‘(B) FILING
BY
AGRICULTURAL
ASSOCIA-
TIONS.—An association of agricultural producers 
that use agricultural services may file an H–2A 
petition under subparagraph (A). If an associa-
tion is a joint or sole employer of workers who 
perform agricultural labor or services, H–2A 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
workers may be used for the approved job oppor-
tunities of any of the association’s producer 
members and such workers may be transferred 
among its producer members to perform the agri-
cultural labor or services for which the petition 
was approved. 
‘‘(C) PETITIONS
INVOLVING
STAGGERED 
ENTRY.— 
‘‘(i) IN GENERAL.—Except as provided 
in clause (ii), an employer may file a peti-
tion involving employment in the same oc-
cupational classification and same area of 
intended employment with multiple start 
dates if— 
‘‘(I) the petition involves tem-
porary or seasonal employment and no 
more than 10 start dates; 
‘‘(II) the multiple start dates 
share a common end date that is no 
longer than 1 year after the first start 
date; 
‘‘(III) no more than 120 days sep-
arate the first start date and the final 
start date listed in the petition; and 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
‘‘(IV) the need for multiple start 
dates arises from variations in labor 
needs associated with the job oppor-
tunity identified in the petition. 
‘‘(ii) LABOR
CONTRACTORS.—A labor 
contractor may not file a petition described 
in clause (i) unless the labor contractor— 
‘‘(I) is filing as a joint employer 
with its contractees, or is operating in 
a State in which joint employment 
and liability between the labor con-
tractor and its contractees is otherwise 
established; or 
‘‘(II) has posted and is maintain-
ing a premium surety bond as de-
scribed in subsection (l)(1). 
‘‘(2) LABOR CERTIFICATION.— 
‘‘(A) REVIEW OF JOB ORDER.— 
‘‘(i) IN
GENERAL.—The Secretary of 
Labor, in consultation with the relevant 
State workforce agency, shall review the job 
order for compliance with this section and 
notify the employer through the electronic 
platform of any deficiencies not later than 
7 business days from the date the employer 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
submits the necessary information required 
under paragraph (1)(A). The employer shall 
be provided 5 business days to respond to 
any such notice of deficiency. 
‘‘(ii) STANDARD.—The job order must 
include all material terms and conditions of 
employment, including the requirements of 
this section, and must be otherwise con-
sistent with the minimum standards pro-
vided under Federal, State or local law. In 
considering the question of whether a spe-
cific qualification is appropriate in a job 
order, the Secretary of Labor shall apply 
the normal and accepted qualification re-
quired by non-H–2A employers in the same 
or comparable occupations and crops. 
‘‘(iii) EMERGENCY PROCEDURES.—The 
Secretary of Labor shall establish emergency 
procedures for the curing of deficiencies that 
cannot be resolved during the period de-
scribed in clause (i). 
‘‘(B) APPROVAL OF JOB ORDER.— 
‘‘(i) IN GENERAL.—Upon approval of 
the job order, the Secretary of Labor shall 
immediately place for public examination a 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
copy of the job order on the online job reg-
istry, and the State workforce agency serv-
ing the area of intended employment shall 
commence the recruitment of United States 
workers. 
‘‘(ii) REFERRAL
OF
UNITED
STATES 
WORKERS.—The Secretary of Labor and 
State workforce agency shall keep the job 
order active until the end of the period de-
scribed in subsection (c)(2) and shall refer 
to the employer each United States worker 
who applies for the job opportunity. 
‘‘(C) REVIEW OF INFORMATION FOR DEFI-
CIENCIES.—Within 7 business days of the ap-
proval of the job order, the Secretary of Labor 
shall review the information necessary to make a 
labor certification and notify the employer 
through the electronic platform if such informa-
tion does not meet the standards for approval. 
Such notification shall include a description of 
any deficiency, and the employer shall be pro-
vided 5 business days to cure such deficiency. 
‘‘(D) CERTIFICATION AND AUTHORIZATION 
OF WORKERS.—Not later than 30 days before the 
date that labor or services are first required to 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
be performed, the Secretary of Labor shall issue 
the requested labor certification if the Secretary 
determines that the requirements for certification 
set forth in this section have been met. 
‘‘(E) EXPEDITED ADMINISTRATIVE APPEALS 
OF
CERTAIN
DETERMINATIONS.—The Secretary 
of Labor shall by regulation establish a proce-
dure for an employer to request the expedited re-
view of a denial of a labor certification under 
this section, or the revocation of such a certifi-
cation. Such procedure shall require the Sec-
retary to expeditiously, but no later than 72 
hours after expedited review is requested, issue a 
de novo determination on a labor certification 
that was denied in whole or in part because of 
the availability of able, willing and qualified 
workers if the employer demonstrates, consistent 
with subsection (c)(3)(B), that such workers are 
not actually available at the time or place such 
labor or services are required. 
‘‘(3) PETITION DECISION.— 
‘‘(A) IN GENERAL.—Not later than 7 busi-
ness days after the Secretary of Labor issues the 
certification, the Secretary of Homeland Security 
shall issue a decision on the petition and shall 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
transmit a notice of action to the petitioner via 
the electronic platform. 
‘‘(B) APPROVAL.—Upon approval of a peti-
tion under this section, the Secretary of Home-
land Security shall ensure that such approval is 
noted in the electronic platform and is available 
to the Secretary of State and U.S. Customs and 
Border Protection, as necessary, to facilitate visa 
issuance and admission. 
‘‘(C) PARTIAL
APPROVAL.—A petition for 
multiple named beneficiaries may be partially 
approved with respect to eligible beneficiaries 
notwithstanding the ineligibility, or potential in-
eligibility, of one or more other beneficiaries. 
‘‘(D) POST-CERTIFICATION AMENDMENTS.— 
The Secretary of Labor shall provide a process 
for amending a request for labor certification in 
conjunction with an H–2A petition, subsequent 
to certification by the Secretary of Labor, in 
cases in which the requested amendment does not 
materially change the petition (including the job 
order). 
‘‘(4) ROLES OF AGRICULTURAL ASSOCIATIONS.— 
‘‘(A) MEMBER’S VIOLATION DOES NOT NEC-
ESSARILY DISQUALIFY ASSOCIATION OR OTHER 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
MEMBERS.—If an individual producer member 
of a joint employer association is determined to 
have committed an act that results in the denial 
of a petition with respect to the member, the de-
nial shall apply only to that member of the asso-
ciation unless the Secretary of Labor determines 
that the association or other member partici-
pated in, had knowledge of, or reason to know of, 
the violation. 
‘‘(B) ASSOCIATION’S VIOLATION DOES NOT 
NECESSARILY DISQUALIFY MEMBERS.— 
‘‘(i) If an association representing ag-
ricultural producers as a joint employer is 
determined to have committed an act that 
results in the denial of a petition with re-
spect to the association, the denial shall 
apply only to the association and does not 
apply to any individual producer member 
of the association unless the Secretary of 
Labor determines that the member partici-
pated in, had knowledge of, or reason to 
know of, the violation. 
‘‘(ii) If an association of agricultural 
producers certified as a sole employer is de-
termined to have committed an act that re-
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
sults in the denial of a petition with respect 
to the association, no individual producer 
member of such association may be the ben-
eficiary of the services of H–2A workers in 
the commodity and occupation in which 
such aliens were employed by the associa-
tion which was denied during the period 
such denial is in force, unless such producer 
member employs such aliens in the com-
modity and occupation in question directly 
or through an association which is a joint 
employer of such workers with the producer 
member. 
‘‘(5) SPECIAL PROCEDURES.—The Secretary of 
Labor, in consultation with the Secretary of Agri-
culture and Secretary of Homeland Security, may by 
regulation establish alternate procedures that reason-
ably modify program requirements under this section, 
when the Secretary determines that such modifica-
tions are required due to the unique nature of the 
work involved. 
‘‘(6) CONSTRUCTION
OCCUPATIONS.—An em-
ployer may not file a petition under this section on 
behalf of a worker if the majority of the worker’s du-
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
ties will fall within a construction or extraction occu-
pational classification. 
‘‘(i) NON-TEMPORARY OR -SEASONAL NEEDS.— 
‘‘(1) IN GENERAL.—Notwithstanding the require-
ment in section 101(a)(15)(H)(ii)(a) that the agricul-
tural labor or services performed by an H–2A worker 
be of a temporary or seasonal nature, the Secretary 
of Homeland Security may, consistent with the provi-
sions of this subsection, approve a petition for an H– 
2A worker to perform agricultural services or labor 
that is not of a temporary or seasonal nature. 
‘‘(2) NUMERICAL LIMITATIONS.— 
‘‘(A) FIRST
FISCAL
YEARS.—The total 
number of aliens who may be issued visas or oth-
erwise provided H–2A nonimmigrant status 
under paragraph (1) for the first fiscal year dur-
ing which the first visa is issued under such 
paragraph and for each of the following two fis-
cal years may not exceed 20,000. 
‘‘(B) FISCAL YEARS 4 THROUGH 10.— 
‘‘(i) IN GENERAL.—The total number 
of aliens who may be issued visas or other-
wise provided H–2A nonimmigrant status 
under paragraph (1) for the first fiscal year 
following the fiscal years referred to in sub-
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
paragraph (A) and for each of the following 
six fiscal years may not exceed a numerical 
limitation jointly imposed by the Secretary 
of Agriculture and Secretary of Labor in 
accordance with clause (ii). 
‘‘(ii) 
ANNUAL
ADJUSTMENTS.—For 
each fiscal year referred to in clause (i), the 
Secretary of Agriculture and Secretary of 
Labor, in consultation with the Secretary of 
Homeland Security, shall establish a nu-
merical limitation for purposes of clause (i). 
Such numerical limitation may not be 
lower 20,000 and may not vary by more 
than 12.5 percent compared to the numer-
ical limitation applicable to the imme-
diately preceding fiscal year. In establishing 
such numerical limitation, the Secretaries 
shall consider appropriate factors, includ-
ing— 
‘‘(I) a demonstrated shortage of 
agricultural workers; 
‘‘(II) the level of unemployment 
and underemployment of agricultural 
workers during the preceding fiscal 
year; 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
‘‘(III) the number of H–2A work-
ers sought by employers during the 
preceding fiscal year to engage in agri-
cultural labor or services not of a tem-
porary or seasonal nature; 
‘‘(IV) the number of such H–2A 
workers issued a visa in the most re-
cent fiscal year who remain in the 
United States in compliance with the 
terms of such visa; 
‘‘(V) the estimated number of 
United States workers, including work-
ers who obtained certified agricultural 
worker status under title I of the Farm 
Workforce Modernization Act of 2019, 
who worked during the preceding fiscal 
year in agricultural labor or services 
not of a temporary or seasonal nature; 
‘‘(VI) the number of such United 
States workers who accepted jobs of-
fered by employers using the online job 
registry during the preceding fiscal 
year; 
‘‘(VII) any growth or contraction 
of the United States agricultural in-
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
dustry that has increased or decreased 
the demand for agricultural workers; 
and 
‘‘(VIII) any changes in the real 
wages paid to agricultural workers in 
the United States as an indication of 
a shortage or surplus of agricultural 
labor. 
‘‘(C) SUBSEQUENT
FISCAL
YEARS.—For 
each fiscal year following the fiscal years referred 
to in subparagraph (B), the Secretary of Agri-
culture and Secretary of Labor shall jointly de-
termine, in consultation with the Secretary of 
Homeland Security, and after considering ap-
propriate factors, including those factors listed 
in subclauses (I) through (VIII) of subparagraph 
(B)(ii), whether to establish a numerical limita-
tion for that fiscal year. If a numerical limita-
tion is so established— 
‘‘(i) such numerical limitation may 
not be lower than highest number of aliens 
admitted under this subsection in any of the 
three fiscal years immediately preceding the 
fiscal year for which the numerical limita-
tion is to be established; and 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
‘‘(ii) the total number of aliens who 
may be issued visas or otherwise provided 
H–2A nonimmigrant status under para-
graph (1) for that fiscal year may not ex-
ceed such numerical limitation. 
‘‘(D) EMERGENCY PROCEDURES.—The Sec-
retary of Agriculture and Secretary of Labor, in 
consultation with the Secretary of Homeland Se-
curity, shall jointly establish by regulation pro-
cedures for immediately adjusting a numerical 
limitation imposed under subparagraph (B) or 
(C) to account for significant labor shortages. 
‘‘(3) ALLOCATION OF VISAS.— 
‘‘(A) BI-ANNUAL ALLOCATION.—The annual 
allocation of visas described in paragraph (2) 
shall be evenly allocated between two halves of 
the fiscal year unless the Secretary of Homeland 
Security, in consultation with the Secretary of 
Agriculture and Secretary of Labor, determines 
that an alternative allocation would better ac-
commodate demand for visas. Any unused visas 
in the first half of the fiscal year shall be added 
to the allocation for the subsequent half of the 
same fiscal year. 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
‘‘(B) RESERVE FOR DAIRY LABOR OR SERV-
ICES.— 
‘‘(i) IN GENERAL.—Of the visa num-
bers made available in each half of the fiscal 
year pursuant to subparagraph (A), 50 per-
cent of such visas shall be reserved for em-
ployers filing petitions seeking H–2A work-
ers to engage in agricultural labor or serv-
ices in the dairy industry. 
‘‘(ii) 
EXCEPTION.—If, 
after 
four 
months have elapsed in one half of the fiscal 
year, the Secretary of Homeland Security 
determines that application of clause (i) 
will result in visas going unused during 
that half of the fiscal year, clause (i) shall 
not apply to visas under this paragraph 
during the remainder of such calendar half. 
‘‘(4) ANNUAL ROUND TRIP HOME.— 
‘‘(A) IN GENERAL.—In addition to the other 
requirements of this section, an employer shall 
provide H–2A workers employed under this sub-
section, at no cost to such workers, with annual 
round trip travel, including transportation and 
subsistence during travel, to their homes in their 
communities of origin. The employer must pro-
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
vide such travel within 14 months of the initi-
ation of the worker’s employment, and no more 
than 14 months can elapse between each required 
period of travel. 
‘‘(B) LIMITATION.—The cost of travel under 
subparagraph (A) need not exceed the lesser of— 
‘‘(i) the actual cost to the worker of the 
transportation and subsistence involved; or 
‘‘(ii) the most economical and reason-
able common carrier transportation charges 
and subsistence costs for the distance in-
volved. 
‘‘(5) FAMILY HOUSING.—An employer seeking to 
employ an H–2A worker pursuant to this subsection 
shall offer family housing to workers with families if 
such workers are engaged in agricultural employment 
that is not of a seasonal or temporary nature. The 
worker may reject such an offer. The employer may 
not charge the worker for the worker’s housing, except 
that if the worker accepts family housing, a prorated 
rent based on the fair market value for such housing 
may be charged for the worker’s family members. 
‘‘(6) WORKPLACE SAFETY PLAN FOR DAIRY EM-
PLOYEES.— 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
‘‘(A) IN GENERAL.—If an employer is seek-
ing to employ a worker in agricultural labor or 
services in the dairy industry pursuant to this 
subsection, the employer must report incidents 
consistent with the requirements under section 
1904.39 of title 29, Code of Federal Regulations, 
and maintain an effective worksite safety and 
compliance plan to prevent workplace accidents 
and otherwise ensure safety. Such plan shall— 
‘‘(i) be in writing in English and, to 
the extent necessary, any language common 
to a significant portion of the workers if 
they are not fluent in English; and 
‘‘(ii) be posted at a conspicuous loca-
tion at the worksite and provided to em-
ployees prior to the commencement of labor 
or services. 
‘‘(B) CONTENTS OF PLAN.—The Secretary of 
Labor, in consultation with the Secretary of Ag-
riculture, shall establish by regulation the min-
imum requirements for the plan described in 
subparagraph (A). Such plan shall include meas-
ures to— 
‘‘(i) require workers (other than the 
employer’s family members) whose positions 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
require contact with animals to complete 
animal care training, including animal 
handling and job-specific animal care; 
‘‘(ii) protect against sexual harassment 
and violence, resolve complaints involving 
harassment or violence, and protect against 
retaliation against workers reporting har-
assment or violence; and 
‘‘(iii) contain other provisions nec-
essary for ensuring workplace safety, as de-
termined by the Secretary of Labor, in con-
sultation with the Secretary of Agriculture. 
‘‘(j) ELIGIBILITY FOR H-2A STATUS AND ADMISSION 
TO THE UNITED STATES.— 
‘‘(1) DISQUALIFICATION.—An alien shall be in-
eligible for admission to the United States as an H– 
2A worker pursuant to a petition filed under this sec-
tion if the alien was admitted to the United States 
as an H–2A worker within the past 5 years of the 
date the petition was filed and— 
‘‘(A) violated a material provision of this 
section, including the requirement to promptly 
depart the United States when the alien’s au-
thorized period of admission has expired, unless 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
the alien has good cause for such failure to de-
part; or 
‘‘(B) otherwise violated a term or condition 
of admission into the United States as an H–2A 
worker. 
‘‘(2) VISA VALIDITY.—A visa issued to an H–2A 
worker shall be valid for three years and shall allow 
for multiple entries during the approved period of ad-
mission. 
‘‘(3) PERIOD
OF
AUTHORIZED
STAY; ADMIS-
SION.— 
‘‘(A) IN GENERAL.—An alien admissible as 
an H–2A worker shall be authorized to stay in 
the United States for the period of employment 
specified in the petition approved by the Sec-
retary of Homeland Security under this section. 
The maximum continuous period of authorized 
stay for an H–2A worker is 36 months. 
‘‘(B) REQUIREMENT
TO
REMAIN
OUTSIDE 
THE UNITED STATES.—In the case of an H–2A 
worker whose maximum continuous period of au-
thorized stay (including any extensions) has ex-
pired, the alien may not again be eligible for 
such stay until the alien remains outside the 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
United States for a cumulative period of at least 
45 days. 
‘‘(C) 
EXCEPTIONS.—The 
Secretary 
of 
Homeland Security shall deduct absences from 
the United States that take place during an H– 
2A worker’s period of authorized stay from the 
period that the alien is required to remain out-
side the United States under subparagraph (B), 
if the alien or the alien’s employer requests such 
a deduction, and provides clear and convincing 
proof that the alien qualifies for such a deduc-
tion. Such proof shall consist of evidence includ-
ing, but not limited to, arrival and departure 
records, copies of tax returns, and records of em-
ployment abroad. 
‘‘(D) ADMISSION.—In addition to the max-
imum continuous period of authorized stay, an 
H–2A worker’s authorized period of admission 
shall include an additional period of 10 days 
prior to the beginning of the period of employ-
ment for the purpose of traveling to the place of 
employment and 45 days at the end of the period 
of employment for the purpose of traveling home 
or seeking an extension of status based on a sub-
sequent offer of employment if the worker has not 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
reached the maximum continuous period of au-
thorized stay under subparagraph (A) (subject to 
the exceptions in subparagraph (C)). 
‘‘(4) CONTINUING H-2A WORKERS.— 
‘‘(A) SUCCESSIVE EMPLOYMENT.—An H–2A 
worker is authorized to start new or concurrent 
employment upon the filing of a nonfrivolous H– 
2A petition, or as of the requested start date, 
whichever is later if— 
‘‘(i) the petition to start new or con-
current employment was filed prior to the 
expiration of the H–2A worker’s period of 
admission as defined in paragraph (3)(D); 
and 
‘‘(ii) the H–2A worker has not been 
employed without authorization in the 
United States from the time of last admis-
sion to the United States in H–2A status 
through the filing of the petition for new 
employment. 
‘‘(B) PROTECTION DUE TO IMMIGRANT VISA 
BACKLOGS.—Notwithstanding the limitations on 
the period of authorized stay described in para-
graph (3), any H–2A worker who— 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
‘‘(i) is the beneficiary of an approved 
petition, filed under section 204(a)(1)(E) or 
(F) for preference status under section 
203(b)(3)(A)(iii); and 
‘‘(ii) is eligible to be granted such sta-
tus but for the annual limitations on visas 
under section 203(b)(3)(A), 
may apply for, and the Secretary of Homeland 
Security may grant, an extension of such non-
immigrant status until the Secretary of Home-
land Security issues a final administrative deci-
sion on the alien’s application for adjustment of 
status or the Secretary of State issues a final de-
cision on the alien’s application for an immi-
grant visa. 
‘‘(5) ABANDONMENT OF EMPLOYMENT.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), an H–2A worker who aban-
dons the employment which was the basis for the 
worker’s authorized stay, without good cause, 
shall be considered to have failed to maintain 
H–2A status and shall depart the United States 
or 
be 
subject 
to 
removal 
under 
section 
237(a)(1)(C)(i). 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
‘‘(B) GRACE PERIOD TO SECURE NEW EM-
PLOYMENT.—An H–2A worker shall not be con-
sidered to have failed to maintain H–2A status 
solely on the basis of a cessation of the employ-
ment on which the alien’s classification was 
based for a period of 45 consecutive days, or 
until the end of the authorized validity period, 
whichever is shorter, once during each authorized 
validity period. 
‘‘(k) REQUIRED DISCLOSURES.— 
‘‘(1) DISCLOSURE
OF
WORK
CONTRACT.—Not 
later than the time the H–2A worker applies for a 
visa, the employer shall provide the worker with a 
copy of the work contract that includes the disclosures 
and rights under this section (or in the absence of 
such a contract, a copy of the job order and proof of 
the certification described in subparagraphs (B) and 
(D) of subsection (h)(2)). An H–2A worker moving 
from one H–2A employer to a subsequent H–2A em-
ployer shall be provided with a copy of the new em-
ployment contract no later than the time an offer of 
employment is made by the subsequent employer. 
‘‘(2) HOURS AND EARNINGS STATEMENTS.—The 
employer shall furnish to H–2A workers, on or before 
each payday, in 1 or more written statements— 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
‘‘(A) the worker’s total earnings for the pay 
period; 
‘‘(B) the worker’s hourly rate of pay, piece 
rate of pay, or both; 
‘‘(C) the hours of employment offered to the 
worker and the hours of employment actually 
worked; 
‘‘(D) if piece rates of pay are used, the 
units produced daily; 
‘‘(E) an itemization of the deductions made 
from the worker’s wages; and 
‘‘(F) any other information required by 
Federal, State or local law. 
‘‘(3) NOTICE
OF
WORKER
RIGHTS.—The em-
ployer must post and maintain in a conspicuous lo-
cation at the place of employment, a poster provided 
by the Secretary of Labor in English, and, to the ex-
tent necessary, any language common to a significant 
portion of the workers if they are not fluent in 
English, which sets out the rights and protections for 
workers employed pursuant to this section. 
‘‘(l) LABOR CONTRACTORS; FOREIGN LABOR RECRUIT-
ERS; PROHIBITION ON FEES.— 
‘‘(1) LABOR CONTRACTORS.— 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
‘‘(A) SURETY BOND.—An employer that is a 
labor contractor who seeks to employ H–2A 
workers shall maintain a surety bond in an 
amount required under subparagraph (B). Such 
bond shall be payable to the Secretary of Labor 
or pursuant to the resolution of a civil or crimi-
nal proceeding, for the payment of wages and 
benefits, including any assessment of interest, 
owed to an H-2A worker or a similarly em-
ployed United States worker, or a United States 
worker who has been rejected or displaced in vio-
lation of this section. 
‘‘(B) AMOUNT OF BOND.—The Secretary of 
Labor shall annually publish in the Federal Reg-
ister a schedule of required bond amounts that 
are determined by such Secretary to be sufficient 
for labor contractors to discharge financial obli-
gations under this section based on the number 
of workers the labor contractor seeks to employ 
and the wages such workers are required to be 
paid. 
‘‘(C) PREMIUM BOND.—A labor contractor 
seeking to file a petition involving more than 1 
start date under subsection (h)(1)(C) shall main-
tain a surety bond that is at least 15 percent 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
higher than the applicable bond amount deter-
mined by the Secretary under subparagraph (B). 
‘‘(D) USE OF FUNDS.—Any sums paid to 
the Secretary under subparagraph (A) that are 
not paid to a worker because of the inability to 
do so within a period of 5 years following the 
date of a violation giving rise to the obligation 
to pay shall remain available to the Secretary 
without further appropriation until expended to 
support the enforcement of this section. 
‘‘(2) FOREIGN LABOR RECRUITING.—If the em-
ployer has retained the services of a foreign labor re-
cruiter, the employer shall use a foreign labor re-
cruiter registered under section 251 of the Farm 
Workforce Modernization Act of 2019. 
‘‘(3) PROHIBITION AGAINST EMPLOYEES PAYING 
FEES.—Neither the employer nor its agents shall seek 
or receive payment of any kind from any worker for 
any activity related to the H–2A process, including 
payment of the employer’s attorneys’ fees, application 
fees, or recruitment costs. An employer and its agents 
may receive reimbursement for costs that are the re-
sponsibility and primarily for the benefit of the work-
er, such as government-required passport fees. 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
‘‘(4) THIRD
PARTY
CONTRACTS.—The contract 
between an employer and any labor contractor or any 
foreign labor recruiter (or any agent of such labor 
contractor or foreign labor recruiter) whom the em-
ployer engages shall include a term providing for the 
termination of such contract for cause if the con-
tractor or recruiter, either directly or indirectly, in 
the placement or recruitment of H–2A workers seeks 
or receives payments or other compensation from pro-
spective employees. Upon learning that a labor con-
tractor or foreign labor recruiter has sought or col-
lected such payments, the employer shall so terminate 
any contracts with such contractor or recruiter. 
‘‘(m) ENFORCEMENT AUTHORITY.— 
‘‘(1) IN GENERAL.—The Secretary of Labor is 
authorized to take such actions against employers, in-
cluding imposing appropriate penalties and seeking 
monetary and injunctive relief and specific perform-
ance of contractual obligations, as may be necessary 
to ensure compliance with the requirements of this 
section and with the applicable terms and conditions 
of employment. 
‘‘(2) COMPLAINT PROCESS.— 
‘‘(A) PROCESS.—The Secretary of Labor 
shall establish a process for the receipt, investiga-
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
tion, and disposition of complaints alleging fail-
ure of an employer to comply with the require-
ments under this section and with the applicable 
terms and conditions of employment. 
‘‘(B) FILING.—A complaint referred to in 
subparagraph (A) may be filed not later than 2 
years after the date of the conduct that is the 
subject of the complaint. 
‘‘(C) COMPLAINT NOT EXCLUSIVE.—A com-
plaint filed under this paragraph is not an ex-
clusive remedy and the filing of such a com-
plaint does not waive any rights or remedies of 
the aggrieved party under this law or other laws. 
‘‘(D) DECISION AND REMEDIES.—If the Sec-
retary of Labor finds, after notice and oppor-
tunity for a hearing, that the employer failed to 
comply with the requirements of this section or 
the terms and conditions of employment, the Sec-
retary of Labor may require payment of unpaid 
wages, unpaid benefits, fees assessed in violation 
of this section, damages, and civil money pen-
alties. The Secretary is also authorized to impose 
other administrative remedies, including dis-
qualification of the employer from utilizing the 
H–2A program for a period of up to 5 years in 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
the event of willful or multiple material viola-
tions. The Secretary is authorized to perma-
nently disqualify an employer from utilizing the 
H–2A program upon a subsequent finding in-
volving willful or multiple material violations. 
‘‘(E) DISPOSITION
OF
PENALTIES.—Civil 
penalties collected under this paragraph shall be 
deposited into the H–2A Labor Certification Fee 
Account established under section 203 of the 
Farm Workforce Modernization Act of 2019. 
‘‘(3) STATUTORY
CONSTRUCTION.—Nothing in 
this subsection may be construed as limiting the au-
thority of the Secretary of Labor to conduct an inves-
tigation— 
‘‘(A) under any other law, including any 
law affecting migrant and seasonal agricultural 
workers; or 
‘‘(B) in the absence of a complaint. 
‘‘(4) RETALIATION PROHIBITED.—It is a viola-
tion of this subsection for any person who has filed 
a petition under this section to intimidate, threaten, 
restrain, coerce, blacklist, discharge, or in any other 
manner discriminate against, or to cause any person 
to intimidate, threaten, restrain, coerce, blacklist, or 
in any manner discriminate against, an employee, 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
including a former employee or an applicant for em-
ployment, because the employee— 
‘‘(A) has disclosed information to the em-
ployer, or to any other person, that the employee 
reasonably believes evidences a violation under 
this section, or any rule or regulation relating to 
this section; 
‘‘(B) has filed a complaint concerning the 
employer’s compliance with the requirements 
under this section or any rule or regulation per-
taining to this section; 
‘‘(C) cooperates or seeks to cooperate in an 
investigation or other proceeding concerning the 
employer’s compliance with the requirements 
under this section or any rule or regulation per-
taining to this section; or 
‘‘(D) has taken steps to exercise or assert 
any right or protection under the provisions of 
this section, or any rule or regulation pertaining 
to this section, or any other relevant Federal, 
State, or local law. 
‘‘(5) INTERAGENCY COMMUNICATION.—The Sec-
retary of Labor, in consultation with the Secretary of 
Homeland Security, Secretary of State and the Equal 
Employment Opportunity Commission, shall establish 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
100 
mechanisms by which the agencies and their compo-
nents share information, including by public elec-
tronic means, regarding complaints, studies, inves-
tigations, findings and remedies regarding compli-
ance by employers with the requirements of the H–2A 
program and other employment-related laws and reg-
ulations. 
‘‘(n) DEFINITIONS.—In this section: 
‘‘(1) DISPLACE.—The term ‘displace’ means to 
lay off a similarly employed United States worker, 
other than for lawful job-related reasons, in the occu-
pation and area of intended employment for the job 
for which H–2A workers are sought. 
‘‘(2) H–2A WORKER.—The term ‘H–2A worker’ 
means 
a 
nonimmigrant 
described 
in 
section 
101(a)(15)(H)(ii)(a). 
‘‘(3) JOB ORDER.—The term ‘job order’ means 
the document containing the material terms and con-
ditions of employment, including obligations and as-
surances required under this section or any other law. 
‘‘(4) ONLINE JOB REGISTRY.—The term ‘online 
job registry’ means the online job registry of the Sec-
retary of Labor required under section 201(b) of the 
Farm Workforce Modernization Act of 2019 (or simi-
lar successor registry). 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
101 
‘‘(5) SIMILARLY
EMPLOYED.—The term ‘simi-
larly employed’, in the case of a worker, means a 
worker in the same occupational classification as the 
classification or classifications for which the H–2A 
worker is sought. 
‘‘(6) 
UNITED
STATES
WORKER.—The 
term 
‘United States worker’ means any worker who is— 
‘‘(A) a citizen or national of the United 
States; 
‘‘(B) an alien who is lawfully admitted for 
permanent residence, is admitted as a refugee 
under section 207, is granted asylum under sec-
tion 208, or is an immigrant otherwise author-
ized to be employed in the United States; 
‘‘(C) an alien granted certified agricultural 
worker status under title I of the Farm Work-
force Modernization Act of 2019; or 
‘‘(D) an individual who is not an unau-
thorized alien (as defined in section 274A(h)(3)) 
with respect to the employment in which the 
worker is engaging. 
‘‘(o) FEES; AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) FEES.— 
‘‘(A) IN GENERAL.—The Secretary of Home-
land Security shall impose a fee to process peti-
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
102 
tions under this section. Such fee shall be set at 
a level that is sufficient to recover the reasonable 
costs of processing the petition, including the 
reasonable costs of providing labor certification 
by the Secretary of Labor. 
‘‘(B) DISTRIBUTION.—Fees collected under 
subparagraph (A) shall be deposited as offsetting 
receipts into the immigration examinations fee 
account in section 286(m), except that the por-
tion of fees assessed for the Secretary of Labor 
shall be deposited into the H–2A Labor Certifi-
cation Fee Account established pursuant to sec-
tion 203(c) of the Farm Workforce Modernization 
Act of 2019 . 
‘‘(2) APPROPRIATIONS.—There are authorized to 
be appropriated for each fiscal year such sums as nec-
essary for the purposes of— 
‘‘(A) recruiting United States workers for 
labor or services which might otherwise be per-
formed by H–2A workers, including by ensuring 
that State workforce agencies are sufficiently 
funded to fulfill their functions under this sec-
tion; 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
103 
‘‘(B) enabling the Secretary of Labor to 
make determinations and certifications under 
this section and under section 212(a)(5)(A)(i); 
‘‘(C) monitoring the terms and conditions 
under which H–2A workers (and United States 
workers employed by the same employers) are 
employed in the United States; and 
‘‘(D) enabling the Secretary of Agriculture 
to carry out the Secretary of Agriculture’s duties 
and responsibilities under this section.’’. 
SEC. 203. AGENCY ROLES AND RESPONSIBILITIES. 
(a) RESPONSIBILITIES
OF
THE
SECRETARY
OF 
LABOR.—With respect to the administration of the H–2A 
program, the Secretary of Labor shall be responsible for— 
(1) consulting with State workforce agencies to— 
(A) review and process job orders; 
(B) facilitate the recruitment and referral of 
able, willing and qualified United States workers 
who will be available at the time and place need-
ed; 
(C) determine prevailing wages and prac-
tices; and 
(D) conduct timely inspections to ensure 
compliance with applicable Federal, State, or 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
104 
local housing standards and Federal regulations 
for H–2A housing; 
(2) determining whether the employer has met 
the conditions for approval of the H–2A petition de-
scribed in section 218(a) of the Immigration and Na-
tionality Act (8 U.S.C. 1188(a)); 
(3) determining, in consultation with the Sec-
retary of Agriculture, whether a job opportunity is of 
a seasonal or temporary nature; 
(4) determining whether the employer has com-
plied or will comply with the H–2A program require-
ments set forth in section 218 of the Immigration and 
Nationality Act (8 U.S.C. 1188); 
(5) processing and investigating complaints con-
sistent with section 218(m) of the Immigration and 
Nationality Act (8 U.S.C. 1188(m)); and 
(6) ensuring that guidance to State workforce 
agencies to conduct wage surveys is regularly up-
dated. 
(b) RESPONSIBILITIES OF THE SECRETARY OF HOME-
LAND SECURITY.—With respect to the administration of the 
H–2A program, the Secretary of Homeland Security shall 
be responsible for— 
(1) adjudicating petitions for the admission of 
H–2A workers, which shall include an assessment as 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
105 
to whether each beneficiary will be employed in ac-
cordance with the terms and conditions of the certifi-
cation and whether any named beneficiaries qualify 
for such employment; 
(2) transmitting a copy of the final decision on 
the petition to the employer, and in the case of ap-
proved petitions, ensuring that the petition approval 
is reflected in the electronic platform to facilitate the 
prompt issuance of a visa by the Department of State 
(if required) and the admission of the H–2A workers 
to the United States; and 
(3) establishing a reliable and secure method 
through which H–2A workers can access information 
about their H–2A visa status, including information 
on pending, approved, or denied petitions to extend 
such status. 
(c) ESTABLISHMENT
OF
ACCOUNT
AND
USE
OF 
FUNDS.— 
(1) ESTABLISHMENT OF ACCOUNT.—There is es-
tablished in the general fund of the Treasury a sepa-
rate account, which shall be known as the ‘‘H–2A 
Labor Certification Fee Account’’. Notwithstanding 
any other provisions of law, there shall be deposited 
as offsetting receipts into the account all amounts— 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
106 
(A) collected as a civil penalty under sec-
tion 218(m)(2)(E)of the Immigration and Na-
tionality Act; and 
(B) collected as a fee under section 
218(o)(1)(B) of the Immigration and Nation-
ality Act. 
(2) USE OF FEES.—Amounts deposited into the 
H–2A Labor Certification Fee Account shall be avail-
able (except as otherwise provided in this paragraph) 
without fiscal year limitation and without the re-
quirement for specification in appropriations Acts to 
the Secretary of Labor for use, directly or through 
grants, contracts, or other arrangements, in such 
amounts as the Secretary of Labor determines are 
necessary for the costs of Federal and State adminis-
tration in carrying out activities in connection with 
labor certification under section 218 of the Immigra-
tion and Nationality Act. Such costs may include 
personnel salaries and benefits, equipment and infra-
structure for adjudication and customer service proc-
esses, the operation and maintenance of an on-line job 
registry, and program integrity activities. The Sec-
retary, in determining what amounts to transfer to 
States for State administration in carrying out ac-
tivities in connection with labor certification under 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
107 
section 218 of the Immigration and Nationality Act 
shall consider the number of H–2A workers employed 
in that State and shall adjust the amount transferred 
to that State accordingly. In addition, 10 percent of 
the amounts deposited into the H–2A Labor Certifi-
cation Fee Account shall be available to the Office of 
Inspector General of the Department of Labor to con-
duct audits and criminal investigations relating to 
such foreign labor certification programs. 
(3) ADDITIONAL
FUNDS.—Amounts available 
under paragraph (1) shall be available in addition to 
any other funds appropriated or made available to 
the Department of Labor under other laws, including 
section 218(o)(2) of the Immigration and Nationality 
Act. 
SEC. 204. WORKER PROTECTION AND COMPLIANCE. 
(a) EQUALITY OF TREATMENT.—H–2A workers shall 
not be denied any right or remedy under any Federal, 
State, or local labor or employment law applicable to 
United States workers engaged in agricultural employment. 
(b) APPLICABILITY OF OTHER LAWS.— 
(1) MIGRANT
AND
SEASONAL
AGRICULTURAL 
WORKER PROTECTION ACT.—H–2A workers shall be 
considered migrant agricultural workers for purposes 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
108 
of the Migrant and Seasonal Agricultural Worker 
Protection Act (29 U.S.C. 1801 et seq.). 
(2) WAIVER
OF
RIGHTS
PROHIBITED.—Agree-
ments by H–2A workers to waive or modify any 
rights or protections under this Act or section 218 of 
the Immigration and Nationality Act (8 U.S.C. 1188) 
shall be considered void or contrary to public policy 
except as provided in a collective bargaining agree-
ment with a bona fide labor organization. 
(3) MEDIATION.— 
(A) FREE MEDIATION SERVICES.—The Fed-
eral Mediation and Conciliation Service shall be 
available to assist in resolving disputes arising 
under this section between H–2A workers and 
agricultural employers without charge to the 
parties. 
(B) COMPLAINT.—If an H–2A worker files 
a civil lawsuit alleging one or more violations of 
section 218 of the Immigration and Nationality 
Act (8 U.S.C. 1188), the Fair Labor Standards 
Act of 1938 (29 U.S.C. 201 et seq.), or the Mi-
grant and Seasonal Agricultural Worker Protec-
tion Act (29 U.S.C. 1801 et seq.), not later than 
60 days after the filing of proof of service of the 
complaint, a party to the lawsuit may file a re-
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
109 
quest with the Federal Mediation and Concilia-
tion Service to assist the parties in reaching a 
satisfactory resolution of all issues involving all 
parties to the dispute. 
(C) NOTICE.—Upon filing a request under 
subparagraph (B) and giving of notice to the 
parties, the parties shall attempt mediation 
within the period specified in subparagraph (D), 
except that nothing in this paragraph shall limit 
the ability of a court to order preliminary in-
junctive relief to protect health and safety. 
(D) 90-DAY LIMIT.—The Federal Mediation 
and Conciliation Service may conduct mediation 
or other nonbinding dispute resolution activities 
for a period not to exceed 90 days beginning on 
the date on which the Federal Mediation and 
Conciliation Service receives a request for assist-
ance under subparagraph (B) unless the parties 
agree to an extension of such period. 
(E) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.— 
(i) IN
GENERAL.—Subject to clause 
(ii), there is authorized to be appropriated 
to the Federal Mediation and Conciliation 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
110 
Service, $500,000 for each fiscal year to 
carry out this subparagraph. 
(ii) 
MEDIATION.—Notwithstanding 
any other provision of law, the Director of 
the Federal Mediation and Conciliation 
Service is authorized— 
(I) to conduct the mediation or 
other dispute resolution activities from 
any other account containing amounts 
available to the Director; and 
(II) to reimburse such account 
with amounts appropriated pursuant 
to clause (i). 
(F) PRIVATE
MEDIATION.—If all parties 
agree, a private mediator may be employed as 
an alternative to the Federal Mediation and 
Conciliation Service. 
(c) FARM LABOR CONTRACTOR REQUIREMENTS.— 
(1) SURETY BONDS.— 
(A) REQUIREMENT.—Section 101 of the Mi-
grant and Seasonal Agricultural Worker Protec-
tion Act (29 U.S.C. 1811), is amended by adding 
at the end the following: 
‘‘(e) A farm labor contractor shall maintain a surety 
bond in an amount determined by the Secretary to be suffi-
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
111 
cient for ensuring the ability of the farm labor contractor 
to discharge its financial obligations, including payment 
of wages and benefits to employees. Such a bond shall be 
available to satisfy any amounts ordered to be paid by the 
Secretary or by court order for failure to comply with the 
obligations of this Act. The Secretary of Labor shall annu-
ally publish in the Federal Register a schedule of required 
bond amounts that are determined by such Secretary to be 
sufficient for farm labor contractors to discharge financial 
obligations based on the number of workers to be covered.’’. 
(B) REGISTRATION DETERMINATIONS.—Sec-
tion 103(a) of the Migrant and Seasonal Agri-
cultural Worker Protection Act (29 U.S.C. 
1813(a)), is amended— 
(i) in paragraph (4), by striking ‘‘or’’ 
at the end; 
(ii) in paragraph (5)(B), by striking 
‘‘or’’ at the end; 
(iii) in paragraph (6), by striking the 
period at the end and inserting ‘‘;’’ ; and 
(iv) by adding at the end the following: 
‘‘(7) has failed to maintain a surety bond in 
compliance with section 101(e); or 
‘‘(8) has been disqualified by the Secretary of 
Labor from importing nonimmigrants described in 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
112 
section 101(a)(15)(H)(ii) of the Immigration and Na-
tionality Act.’’. 
(2) SUCCESSORS IN INTEREST.— 
(A) DECLARATION.—Section 102 of the Mi-
grant and Seasonal Agricultural Worker Protec-
tion Act (29 U.S.C. 1812), is amended— 
(i) in paragraph (4), by striking 
‘‘and’’ at the end; 
(ii) in paragraph (5), by striking the 
period at the end and inserting ‘‘; and’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(6) a declaration, subscribed and sworn to by 
the applicant, stating whether the applicant has a fa-
milial, contractual, or employment relationship with, 
or shares vehicles, facilities, property, or employees 
with, a person who has been refused issuance or re-
newal of a certificate, or has had a certificate sus-
pended or revoked, pursuant to section 103.’’. 
(B) REBUTTABLE
PRESUMPTION.—Section 
103 of the Migrant and Seasonal Agricultural 
Worker Protection Act (29 U.S.C. 1813), as 
amended by this Act, is further amended by in-
serting after subsection (a) the following new 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
113 
subsection (and by redesignating the subsequent 
subsections accordingly): 
‘‘(b)(1) There shall be a rebuttable presumption that 
an applicant for issuance or renewal of a certificate is not 
the real party in interest in the application if the appli-
cant— 
‘‘(A) is the immediate family member of any 
person who has been refused issuance or renewal of a 
certificate, or has had a certificate suspended or re-
voked; and 
‘‘(B) identifies a vehicle, facility, or real prop-
erty under paragraph (2) or (3) of section 102 that 
has been previously listed by a person who has been 
refused issuance or renewal of a certificate, or has 
had a certificate suspended or revoked. 
‘‘(2) An applicant described in paragraph (1) bears 
the burden of demonstrating to the Secretary’s satisfaction 
that the applicant is the real party in interest in the appli-
cation.’’. 
SEC. 205. REPORT ON WAGE PROTECTIONS. 
(a) Not later than 3 years after the date of the enact-
ment of this Act, and every 3 years thereafter, the Secretary 
of Labor and Secretary of Agriculture shall prepare and 
transmit to the Committees on the Judiciary of the House 
of Representatives and Senate, a report that addresses— 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
114 
(1) whether, and the manner in which, the em-
ployment of H–2A workers in the United States has 
impacted the wages, working conditions, or job oppor-
tunities of United States farm workers; 
(2) whether, and the manner in which, the ad-
verse effect wage rate increases or decreases wages on 
United States farms, broken down by geographic re-
gion and farm size; 
(3) whether any potential impact of the adverse 
effect wage rate varies based on the percentage of 
workers in a geographic region that are H–2A work-
ers; 
(4) the degree to which the adverse effect wage 
rate is affected by the inclusion in wage surveys of 
piece rate compensation, bonus payments, and other 
pay incentives, and whether such forms of incentive 
compensation should be surveyed and reported sepa-
rately from hourly base rates; 
(5) whether, and the manner in which, other fac-
tors may artificially affect the adverse effect wage 
rate, including factors that may be specific to a re-
gion, State, or region within a State; 
(6) whether, and the manner in which, the H– 
2A program affects the ability of United States farms 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
115 
to compete with agricultural commodities imported 
from outside the United States; 
(7) the number and percentage of farmworkers in 
the United States whose incomes are below the pov-
erty line; 
(8) whether alternative wage standards would be 
sufficient to prevent wages in occupations in which 
H–2A workers are employed from falling below the 
wage level that would have prevailed in the absence 
of the H–2A program; 
(9) whether any changes are warranted in the 
current methodologies for calculating the adverse effect 
wage rate and the prevailing wage; and 
(10) recommendations for future wage protection 
under this section. 
(b) In preparing the report described in subsection (a), 
the Secretary of Labor and Secretary of Agriculture shall 
engage with equal numbers of representatives of agricul-
tural employers and agricultural workers, both locally and 
nationally. 
SEC. 206. PORTABLE H-2A VISA PILOT PROGRAM. 
(a) ESTABLISHMENT OF PILOT PROGRAM.— 
(1) IN
GENERAL.—Not later than 18 months 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security, in consultation with 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
116 
the Secretary of Labor and Secretary of Agriculture, 
shall establish through regulation a 6-year pilot pro-
gram to facilitate the free movement and employment 
of temporary or seasonal H–2A workers to perform 
agricultural labor or services for agricultural employ-
ers registered with the Secretary of Agriculture. Not-
withstanding the requirements of section 218 of the 
Immigration and Nationality Act, such regulation 
shall establish the requirements for the pilot program, 
consistent with subsection (b). For purposes of this 
section, such a worker shall be referred to as a port-
able H–2A worker, and status as such a worker shall 
be referred to as portable H–2A status. 
(2) 
ONLINE
PLATFORM.—The 
Secretary 
of 
Homeland Security, in consultation with the Sec-
retary of Labor and the Secretary of Agriculture, 
shall maintain an online electronic platform to con-
nect portable H–2A workers with registered agricul-
tural employers seeking workers to perform temporary 
or seasonal agricultural labor or services. Employers 
shall post on the platform available job opportunities, 
including a description of the nature and location of 
the work to be performed, the anticipated period or 
periods of need, and the terms and conditions of em-
ployment. Such platform shall allow portable H–2A 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
117 
workers to search for available job opportunities using 
relevant criteria, including the types of jobs needed to 
be filled and the dates and locations of need. 
(3) LIMITATION.—Notwithstanding the issuance 
of the regulation described in paragraph (1), the Sec-
retary of State may not issue a portable H–2A visa 
and the Secretary of Homeland Security may not 
confer portable H–2A status on any alien until the 
Secretary of Homeland Security, in consultation with 
the Secretary of Labor and Secretary of Agriculture, 
has determined that a sufficient number of employers 
have been designated as registered agricultural em-
ployers under subsection (b)(1) and that such employ-
ers have sufficient job opportunities to employ a rea-
sonable number of portable H–2A workers to initiate 
the pilot program. 
(b) PILOT PROGRAM ELEMENTS.—The pilot program 
in subsection (a) shall contain the following elements: 
(1) REGISTERED AGRICULTURAL EMPLOYERS.— 
(A) DESIGNATION.—Agricultural employers 
shall be provided the ability to seek designation 
as registered agricultural employers. Reasonable 
fees may be assessed commensurate with the cost 
of processing applications for designation. A des-
ignation shall be valid for a period of up to 3 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
118 
years unless revoked for failure to comply with 
program requirements. Registered employers that 
comply with program requirements may apply 
to renew such designation for additional periods 
of up to 3 years for the duration of the pilot pro-
gram. 
(B) LIMITATIONS.—Registered agricultural 
employers may employ aliens with portable H– 
2A status without filing a petition. Such em-
ployers shall pay such aliens at least the wage 
required under section 218(d) of the Immigra-
tion and Nationality Act (8 U.S.C. 1188(d)). 
(C) WORKERS’ COMPENSATION.—If a job 
opportunity is not covered by or is exempt from 
the State workers’ compensation law, a registered 
agricultural employer shall provide, at no cost to 
the worker, insurance covering injury and dis-
ease arising out of, and in the course of, the 
worker’s employment, which will provide benefits 
at least equal to those provided under the State 
workers’ compensation law. 
(2) DESIGNATED WORKERS.— 
(A) IN
GENERAL.—Individuals who have 
been previously admitted to the United States in 
H–2A status, and maintained such status during 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
119 
the period of admission, shall be provided the op-
portunity to apply for portable H–2A status. 
Portable H–2A workers shall be subject to the 
provisions on visa validity and periods of au-
thorized stay and admission for H–2A workers 
described in paragraphs (2) and (3) of section 
218(j) of the Immigration and Nationality Act 
(8 U.S.C. 1188(j)(2) and (3)). 
(B) LIMITATIONS
ON
AVAILABILITY
OF 
PORTABLE H–2A STATUS.— 
(i) INITIAL
OFFER
OF
EMPLOYMENT 
REQUIRED.—No alien may be granted port-
able H–2A status without an initial valid 
offer of employment to perform temporary 
or agricultural labor or services from a reg-
istered agricultural employer. 
(ii) NUMERICAL
LIMITATIONS.—The 
total number of aliens who may hold valid 
portable H–2A status at any one time may 
not exceed 10,000. Notwithstanding such 
limitation, the Secretary of Homeland Se-
curity may further limit the number of 
aliens with valid portable H–2A status if 
the Secretary determines that there are an 
insufficient number of registered agricul-
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
120 
tural employers or job opportunities to sup-
port the employment of all such portable H– 
2A workers. 
(C) SCOPE OF EMPLOYMENT.—During the 
period of admission, a portable H–2A worker 
may perform temporary or seasonal agricultural 
labor or services for any employer in the United 
States that is designated as a registered agricul-
tural employer pursuant to paragraph (1). An 
employment arrangement under this section may 
be terminated by either the portable H–2A work-
er or the registered agricultural employer at any 
time. 
(D) TRANSFER TO NEW EMPLOYMENT.—At 
the cessation of employment with a registered ag-
ricultural employer, a portable H–2A worker 
shall have 60 days to secure new employment 
with a registered agricultural employer. 
(E) MAINTENANCE OF STATUS.—A portable 
H–2A worker who does not secure new employ-
ment with a registered agricultural employer 
within 60 days shall be considered to have failed 
to maintain such status and shall depart the 
United States or be subject to removal under sec-
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
121 
tion 237(a)(1)(C)(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1188(a)(1)(C)(i)). 
(3) ENFORCEMENT.—The Secretary of Labor 
shall be responsible for conducting investigations and 
random audits of employers to ensure compliance 
with the employment-related requirements of this sec-
tion, consistent with section 218(m) of the Immigra-
tion and Nationality Act (8 U.S.C. 1188(m)). The 
Secretary of Labor shall have the authority to collect 
reasonable civil penalties for violations, which shall 
be utilized by the Secretary for the administration 
and enforcement of the provisions of this section. 
(4) ELIGIBILITY FOR SERVICES.—Section 305 of 
Public Law 99–603 (100 Stat. 3434) is amended by 
striking ‘‘other employment rights as provided in the 
worker’s specific contract under which the non-
immigrant was admitted’’ and inserting ‘‘employ-
ment-related rights’’. 
(c) REPORT.—Not later than 6 months before the end 
of the third fiscal year of the pilot program, the Secretary 
of Homeland Security, in consultation with the Secretary 
of Labor and the Secretary of Agriculture, shall prepare 
and submit to the Committees on the Judiciary of the House 
of Representatives and the Senate, a report that provides— 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
122 
(1) the number of employers designated as reg-
istered agricultural employers, broken down by geo-
graphic region, farm size, and the number of job op-
portunities offered by such employers; 
(2) the number of employers whose designation 
as a registered agricultural employer was revoked; 
(3) the number of individuals granted portable 
H–2A status in each fiscal year, along with the num-
ber of such individuals who maintained portable H– 
2A status during all or a portion of the 3-year period 
of the pilot program; 
(4) an assessment of the impact of the pilot pro-
gram on the wages and working conditions of United 
States farm workers; 
(5) the results of a survey of individuals granted 
portable H–2A status, detailing their experiences with 
and feedback on the pilot program; 
(6) the results of a survey of registered agricul-
tural employers, detailing their experiences with and 
feedback on the pilot program; 
(7) an assessment as to whether the program 
should be continued and if so, any recommendations 
for improving the program; and 
(8) findings and recommendations regarding ef-
fective recruitment mechanisms, including use of new 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00122
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
123 
technology to match workers with employers and en-
sure compliance with applicable labor and employ-
ment laws and regulations. 
SEC. 207. IMPROVING ACCESS TO PERMANENT RESIDENCE. 
(a) WORLDWIDE LEVEL.—Section 201(d)(1)(A) of the 
Immigration and Nationality Act (8 U.S.C. 1151(d)(1)(A)) 
is amended by striking ‘‘140,000’’ and inserting ‘‘180,000’’. 
(b) VISAS FOR FARMWORKERS.—Section 203(b) of the 
Immigration and Nationality Act (8 U.S.C. 1153(b)) is 
amended— 
(1) in paragraph (1) by striking ‘‘28.6 percent 
of such worldwide level’’ and inserting ‘‘40,040’’; 
(2) in paragraph (2)(A) by striking ‘‘28.6 per-
cent of such worldwide level’’ and inserting ‘‘40,040’’; 
(3) in paragraph (3)— 
(A) in subparagraph (A)— 
(i) in the matter before clause (i), by 
striking ‘‘28.6 percent of such worldwide 
level’’ and inserting ‘‘80,040’’; and 
(ii) by amending clause (iii) to read as 
follows: 
‘‘(iii) OTHER WORKERS.—Other quali-
fied immigrants who, at the time of peti-
tioning for classification under this para-
graph— 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
124 
‘‘(I) are capable of performing un-
skilled labor, not of a temporary or 
seasonal nature, for which qualified 
workers are not available in the United 
States; or 
‘‘(II) can demonstrate employ-
ment in the United States as an H–2A 
nonimmigrant worker for at least 100 
days in each of at least 10 years.’’; 
(B) by amending subparagraph (B) to read 
as follows: 
‘‘(B) VISAS ALLOCATED FOR OTHER WORK-
ERS.— 
‘‘(i) IN GENERAL.—Except as provided 
in clauses (ii) and (iii), 50,000 of the visas 
made available under this paragraph shall 
be reserved for qualified immigrants de-
scribed in subparagraph (A)(iii). 
‘‘(ii) PREFERENCE FOR AGRICULTURAL 
WORKERS.—Subject to clause (iii), not less 
than four-fifths of the visas described in 
clause (i) shall be reserved for— 
‘‘(I) qualified immigrants de-
scribed in subparagraph (A)(iii)(I) 
who will be performing agricultural 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
125 
labor or services in the United States; 
and 
‘‘(II) qualified immigrants de-
scribed in subparagraph (A)(iii)(II). 
‘‘(iii) EXCEPTION.—If because of the 
application of clause (ii), the total number 
of visas available under this paragraph for 
a calendar quarter exceeds the number of 
qualified immigrants who otherwise may be 
issued such a visa, clause (ii) shall not 
apply to visas under this paragraph during 
the remainder of such calendar quarter. 
‘‘(iv) NO PER COUNTRY LIMITS.—Visas 
described under clause (ii) shall be issued 
without regard to the numerical limitation 
under section 202(a)(2).’’; and 
(C) by amending subparagraph (C) by 
striking ‘‘An immigrant visa’’ and inserting 
‘‘Except for qualified immigrants petitioning for 
classification under subparagraph (A)(iii)(II), 
an immigrant visa’’; 
(4) in paragraph (4), by striking ‘‘7.1 percent of 
such worldwide level’’ and inserting ‘‘9,940’’; and 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
126 
(5) in paragraph (5)(A), in the matter before 
clause (i), by striking ‘‘7.1 percent of such worldwide 
level’’ and inserting ‘‘9,940’’. 
(c) PETITIONING PROCEDURE.—Section 204(a)(1)(E) 
of the Immigration and Nationality Act (8 U.S.C. 
1154(a)(1)(E)) 
is 
amended 
by 
inserting 
‘‘or 
203(b)(3)(A)(iii)(II)’’ after ‘‘203(b)(1)(A)’’. 
(d) DUAL INTENT.—Section 214(b) of the Immigration 
and Nationality Act (8 U.S.C. 1184(b)) is amended by 
striking ‘‘section 101(a)(15)(H)(i) except subclause (b1) of 
such section’’ and inserting ‘‘clause (i), except subclause 
(b1), or (ii)(a) of section 101(a)(15)(H)’’. 
Subtitle B—Preservation and Con-
struction of Farmworker Hous-
ing 
SEC. 220. SHORT TITLE. 
This subtitle may be cited as the ‘‘Strategy and Invest-
ment in Rural Housing Preservation Act of 2019’’. 
SEC. 221. PERMANENT ESTABLISHMENT OF HOUSING PRES-
ERVATION AND REVITALIZATION PROGRAM. 
Title V of the Housing Act of 1949 (42 U.S.C. 1471 
et seq.) is amended by adding at the end the following new 
section: 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
127 
‘‘SEC. 545. HOUSING PRESERVATION AND REVITALIZATION 
PROGRAM. 
‘‘(a) ESTABLISHMENT.—The Secretary shall carry out 
a program under this section for the preservation and revi-
talization of multifamily rental housing projects financed 
under section 515 or both sections 514 and 516. 
‘‘(b) NOTICE OF MATURING LOANS.— 
‘‘(1) TO OWNERS.—On an annual basis, the Sec-
retary shall provide written notice to each owner of 
a property financed under section 515 or both sec-
tions 514 and 516 that will mature within the 4-year 
period beginning upon the provision of such notice, 
setting forth the options and financial incentives that 
are available to facilitate the extension of the loan 
term or the option to decouple a rental assistance con-
tract pursuant to subsection (f). 
‘‘(2) TO TENANTS.— 
‘‘(A) IN GENERAL.—For each property fi-
nanced under section 515 or both sections 514 
and 516, not later than the date that is 2 years 
before the date that such loan will mature, the 
Secretary shall provide written notice to each 
household residing in such property that informs 
them of the date of the loan maturity, the pos-
sible actions that may happen with respect to the 
property upon such maturity, and how to protect 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
128 
their right to reside in Federally assisted housing 
after such maturity. 
‘‘(B) LANGUAGE.—Notice under this para-
graph shall be provided in plain English and 
shall be translated to other languages in the case 
of any property located in an area in which a 
significant number of residents speak such other 
languages. 
‘‘(c) LOAN RESTRUCTURING.—Under the program 
under this section, the Secretary may restructure such exist-
ing housing loans, as the Secretary considers appropriate, 
for the purpose of ensuring that such projects have sufficient 
resources to preserve the projects to provide safe and afford-
able housing for low-income residents and farm laborers, 
by— 
‘‘(1) reducing or eliminating interest; 
‘‘(2) deferring loan payments; 
‘‘(3) subordinating, reducing, or reamortizing 
loan debt; and 
‘‘(4) providing other financial assistance, includ-
ing advances, payments, and incentives (including 
the ability of owners to obtain reasonable returns on 
investment) required by the Secretary. 
‘‘(d) RENEWAL OF RENTAL ASSISTANCE.—When the 
Secretary offers to restructure a loan pursuant to subsection 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00128
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
129 
(c), the Secretary shall offer to renew the rental assistance 
contract under section 521(a)(2) for a 20-year term that 
is subject to annual appropriations, provided that the 
owner agrees to bring the property up to such standards 
that will ensure its maintenance as decent, safe, and sani-
tary housing for the full term of the rental assistance con-
tract. 
‘‘(e) RESTRICTIVE USE AGREEMENTS.— 
‘‘(1) REQUIREMENT.—As part of the preserva-
tion and revitalization agreement for a project, the 
Secretary shall obtain a restrictive use agreement that 
obligates the owner to operate the project in accord-
ance with this title. 
‘‘(2) TERM.— 
‘‘(A) NO
EXTENSION
OF
RENTAL
ASSIST-
ANCE
CONTRACT.—Except when the Secretary 
enters into a 20-year extension of the rental as-
sistance contract for the project, the term of the 
restrictive use agreement for the project shall be 
consistent with the term of the restructured loan 
for the project. 
‘‘(B) EXTENSION
OF
RENTAL
ASSISTANCE 
CONTRACT.—If the Secretary enters into a 20- 
year extension of the rental assistance contract 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
130 
for a project, the term of the restrictive use agree-
ment for the project shall be for 20 years. 
‘‘(C) TERMINATION.—The Secretary may 
terminate the 20-year use restrictive use agree-
ment for a project prior to the end of its term 
if the 20-year rental assistance contract for the 
project with the owner is terminated at any time 
for reasons outside the owner’s control. 
‘‘(f) DECOUPLING OF RENTAL ASSISTANCE.— 
‘‘(1) RENEWAL
OF
RENTAL
ASSISTANCE
CON-
TRACT.—If the Secretary determines that a maturing 
loan for a project cannot reasonably be restructured 
in accordance with subsection (c) and the project was 
operating with rental assistance under section 521, 
the Secretary may renew the rental assistance con-
tract, notwithstanding any provision of section 521, 
for a term, subject to annual appropriations, of at 
least 10 years but not more than 20 years. 
‘‘(2) RENTS.—Any agreement to extend the term 
of the rental assistance contract under section 521 for 
a project shall obligate the owner to continue to main-
tain the project as decent, safe and sanitary housing 
and to operate the development in accordance with 
this title, except that rents shall be based on the lesser 
of— 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00130
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
131 
‘‘(A) the budget-based needs of the project; 
or 
‘‘(B) the operating cost adjustment factor as 
a payment standard as provided under section 
524 of the Multifamily Assisted Housing Reform 
and Affordability Act of 1997 (42 U.S.C. 1437 
note). 
‘‘(g) MULTIFAMILY HOUSING TRANSFER TECHNICAL 
ASSISTANCE.—Under the program under this section, the 
Secretary may provide grants to qualified non-profit orga-
nizations and public housing agencies to provide technical 
assistance, including financial and legal services, to bor-
rowers under loans under this title for multifamily housing 
to facilitate the acquisition of such multifamily housing 
properties in areas where the Secretary determines there is 
a risk of loss of affordable housing. 
‘‘(h) TRANSFER OF RENTAL ASSISTANCE.—After the 
loan or loans for a rental project originally financed under 
section 515 or both sections 514 and 516 have matured or 
have been prepaid and the owner has chosen not to restruc-
ture the loan pursuant to subsection (c), a tenant residing 
in such project shall have 18 months prior to loan matura-
tion or prepayment to transfer the rental assistance as-
signed to the tenant’s unit to another rental project origi-
nally financed under section 515 or both sections 514 and 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00131
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
132 
516, and the owner of the initial project may rent the ten-
ant’s previous unit to a new tenant without income restric-
tions. 
‘‘(i) ADMINISTRATIVE EXPENSES.—Of any amounts 
made available for the program under this section for any 
fiscal year, the Secretary may use not more than $1,000,000 
for administrative expenses for carrying out such program. 
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated for the program under this 
section $200,000,000 for each of fiscal years 2020 through 
2024.’’. 
SEC. 222. ELIGIBILITY FOR RURAL HOUSING VOUCHERS. 
Section 542 of the Housing Act of 1949 (42 U.S.C. 
1490r) is amended by adding at the end the following new 
subsection: 
‘‘(c) ELIGIBILITY OF HOUSEHOLDS IN SECTIONS 514, 
515, AND 516 PROJECTS.—The Secretary may provide 
rural housing vouchers under this section for any low-in-
come household (including those not receiving rental assist-
ance) residing, for a term longer than the remaining term 
of their lease in effect just prior to prepayment, in a prop-
erty financed with a loan made or insured under section 
514 or 515 (42 U.S.C. 1484, 1485) which has been prepaid 
without restrictions imposed by the Secretary pursuant to 
section 502(c)(5)(G)(ii)(I) (42 U.S.C. 1472(c)(5)(G)(ii)(I)), 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00132
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
133 
has been foreclosed, or has matured after September 30, 
2005, or residing in a property assisted under section 514 
or 516 that is owned by a nonprofit organization or public 
agency.’’. 
SEC. 223. AMOUNT OF VOUCHER ASSISTANCE. 
Notwithstanding any other provision of law, in the 
case of any rural housing voucher provided pursuant to sec-
tion 542 of the Housing Act of 1949 (42 U.S.C. 1490r), 
the amount of the monthly assistance payment for the 
household on whose behalf such assistance is provided shall 
be determined as provided in subsection (a) of such section 
542. 
SEC. 224. RENTAL ASSISTANCE CONTRACT AUTHORITY. 
Subsection (d) of section 521 of the Housing Act of 
1949 (42 U.S.C. 1490a(d)) is amended— 
(1) in paragraph (1), by inserting after subpara-
graph (A) the following new subparagraph (and by 
redesignating the subsequent subparagraphs accord-
ingly): 
‘‘(B) upon request of an owner of a project fi-
nanced under section 514 or 515, the Secretary is au-
thorized to enter into renewal of such agreements for 
a period of 20 years or the term of the loan, which-
ever is shorter, subject to amounts made available in 
appropriations Acts;’’; and 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00133
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
134 
(2) by adding at the end the following new para-
graph: 
‘‘(3) In the case of any rental assistance contract au-
thority that becomes available because of the termination 
of assistance on behalf of an assisted family— 
‘‘(A) at the option of the owner of the rental 
project, the Secretary shall provide the owner a period 
of 6 months before such assistance is made available 
pursuant to subparagraph (B) during which the 
owner may use such assistance authority to provide 
assistance of behalf of an eligible unassisted family 
that— 
‘‘(i) is residing in the same rental project 
that the assisted family resided in prior to such 
termination; or 
‘‘(ii) newly occupies a dwelling unit in such 
rental project during such period; and 
‘‘(B) except for assistance used as provided in 
subparagraph (A), the Secretary shall use such re-
maining authority to provide such assistance on be-
half of eligible families residing in other rental 
projects originally financed under section 515 or both 
sections 514 and 516 of this Act.’’. 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00134
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
135 
SEC. 225. FUNDING FOR MULTIFAMILY TECHNICAL IM-
PROVEMENTS. 
There is authorized to be appropriated to the Secretary 
of Agriculture $50,000,000 for fiscal year 2020 for improv-
ing the technology of the Department of Agriculture used 
to process loans for multifamily housing and otherwise 
managing such housing. Such improvements shall be made 
within the 5-year period beginning upon the appropriation 
of such amounts and such amount shall remain available 
until the expiration of such 5-year period. 
SEC. 226. PLAN FOR PRESERVING AFFORDABILITY OF 
RENTAL PROJECTS. 
(a) PLAN.—The Secretary of Agriculture (in this sec-
tion referred to as the ‘‘Secretary’’) shall submit a written 
plan to the Congress, not later than the expiration of the 
6-month period beginning on the date of the enactment of 
this Act, for preserving the affordability for low-income 
families of rental projects for which loans were made under 
section 515 or made to nonprofit or public agencies under 
section 514 and avoiding the displacement of tenant house-
holds, which shall— 
(1) set forth specific performance goals and 
measures; 
(2) set forth the specific actions and mechanisms 
by which such goals will be achieved; 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00135
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
136 
(3) set forth specific measurements by which 
progress towards achievement of each goal can be 
measured; 
(4) provide for detailed reporting on outcomes; 
and 
(5) include any legislative recommendations to 
assist in achievement of the goals under the plan. 
(b) ADVISORY COMMITTEE.— 
(1) ESTABLISHMENT; PURPOSE.—The Secretary 
shall establish an advisory committee whose purpose 
shall be to assist the Secretary in preserving section 
515 properties and section 514 properties owned by 
nonprofit or public agencies through the multifamily 
housing preservation and revitalization program 
under section 545 and in implementing the plan re-
quired under subsection (a). 
(2) MEMBER.—The advisory committee shall 
consist of 16 members, appointed by the Secretary, as 
follows: 
(A) A State Director of Rural Development 
for the Department of Agriculture. 
(B) The Administrator for Rural Housing 
Service of the Department of Agriculture. 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00136
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
137 
(C) Two representatives of for-profit devel-
opers or owners of multifamily rural rental 
housing. 
(D) Two representatives of non-profit devel-
opers or owners of multifamily rural rental 
housing. 
(E) Two representatives of State housing fi-
nance agencies. 
(F) Two representatives of tenants of multi-
family rural rental housing. 
(G) One representative of a community de-
velopment financial institution that is involved 
in preserving the affordability of housing as-
sisted under sections 514, 515, and 516 of the 
Housing Act of 1949. 
(H) One representative of a nonprofit orga-
nization that operates nationally and has ac-
tively participated in the preservation of housing 
assisted by the Rural Housing Service by con-
ducting research regarding, and providing fi-
nancing and technical assistance for, preserving 
the affordability of such housing. 
(I) One representative of low-income hous-
ing tax credit investors. 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00137
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
138 
(J) One representative of regulated finan-
cial institutions that finance affordable multi-
family rural rental housing developments. 
(K) Two representatives from non-profit or-
ganizations representing farmworkers, including 
one 
organization 
representing 
farmworker 
women. 
(3) MEETINGS.—The advisory committee shall 
meet not less often than once each calendar quarter. 
(4) FUNCTIONS.—In providing assistance to the 
Secretary to carry out its purpose, the advisory com-
mittee shall carry out the following functions: 
(A) Assisting the Rural Housing Service of 
the Department of Agriculture to improve esti-
mates of the size, scope, and condition of rental 
housing portfolio of the Service, including the 
time frames for maturity of mortgages and costs 
for preserving the portfolio as affordable housing. 
(B) Reviewing current policies and proce-
dures of the Rural Housing Service regarding 
preservation of affordable rental housing fi-
nanced under sections 514, 515, 516, and 538 of 
the Housing Act of 1949, the Multifamily Preser-
vation and Revitalization Demonstration pro-
gram (MPR), and the rental assistance program 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00138
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
139 
and making recommendations regarding im-
provements and modifications to such policies 
and procedures. 
(C) Providing ongoing review of Rural 
Housing Service program results. 
(D) Providing reports to the Congress and 
the public on meetings, recommendations, and 
other findings of the advisory committee. 
(5) TRAVEL COSTS.—Any amounts made avail-
able for administrative costs of the Department of Ag-
riculture may be used for costs of travel by members 
of the advisory committee to meetings of the com-
mittee. 
SEC. 227. COVERED HOUSING PROGRAMS. 
Paragraph (3) of section 41411(a) of the Violence 
Against Women Act of 1994 (34 U.S.C. 12491(a)(3)) is 
amended— 
(1) in subparagraph (I), by striking ‘‘and’’ at 
the end; 
(2) by redesignating subparagraph (J) as sub-
paragraph (K); and 
(3) by inserting after subparagraph (I) the fol-
lowing new subparagraph: 
‘‘(J) rural development housing voucher as-
sistance provided by the Secretary of Agriculture 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00139
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
140 
pursuant to section 542 of the Housing Act of 
1949 (42 U.S.C. 1490r), without regard to sub-
section (b) of such section, and applicable appro-
priation Acts; and’’. 
SEC. 228. NEW FARMWORKER HOUSING. 
Section 513 of the Housing Act of 1949 (42 U.S.C. 
1483) is amended by adding at the end the following new 
subsection: 
‘‘(f) FUNDING FOR FARMWORKER HOUSING.— 
‘‘(1) 
SECTION
514
FARMWORKER
HOUSING 
LOANS.— 
‘‘(A) INSURANCE
AUTHORITY.—The Sec-
retary of Agriculture may, to the extent ap-
proved in appropriation Acts, insure loans 
under section 514 (42 U.S.C. 1484) during each 
of fiscal years 2020 through 2029 in an aggre-
gate amount not to exceed $200,000,000. 
‘‘(B) AUTHORIZATION OF APPROPRIATIONS 
FOR COSTS.—There is authorized to be appro-
priated $75,000,000 for each of fiscal years 2020 
through 2029 for costs (as such term is defined 
in section 502 of the Congressional Budget Act 
of 1974 (2 U.S.C. 661a)) of loans insured pursu-
ant the authority under subparagraph (A). 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00140
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
141 
‘‘(2) SECTION
516
GRANTS
FOR
FARMWORKER 
HOUSING.—There is authorized to be appropriated 
$30,000,000 for each of fiscal years 2020 through 
2029 for financial assistance under section 516 (42 
U.S.C. 1486). 
‘‘(3) SECTION 521 HOUSING ASSISTANCE.—There 
is authorized to be appropriated $2,700,000,000 for 
each of fiscal years 2020 through 2029 for rental as-
sistance agreements entered into or renewed pursuant 
to section 521(a)(2) (42 U.S.C. 1490a(a)(2)) or agree-
ments entered into in lieu of debt forgiveness or pay-
ments for eligible households as authorized by section 
502(c)(5)(D).’’. 
SEC. 229. LOAN AND GRANT LIMITATIONS. 
Section 514 of the Housing Act of 1949 (42 U.S.C. 
1484) is amended by adding at the end the following: 
‘‘(j) PER PROJECT LIMITATIONS ON ASSISTANCE.—If 
the Secretary, in making available assistance in any area 
under this section or section 516 (42 U.S.C. 1486), estab-
lishes a limitation on the amount of assistance available 
per project, the limitation on a grant or loan award per 
project shall not be less than $5 million.’’. 
SEC. 230. OPERATING ASSISTANCE SUBSIDIES. 
Subsection (a)(5) of section 521 of the Housing Act 
of 1949 (42 U.S.C. 1490a(a)(5)) is amended— 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00141
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
142 
(1) in subparagraph (A) by inserting ‘‘or domes-
tic farm labor legally admitted to the United States 
and authorized to work in agriculture’’ after ‘‘mi-
grant farmworkers’’; 
(2) in subparagraph (B)— 
(A) by striking ‘‘AMOUNT.—In any fiscal 
year’’ and inserting ‘‘AMOUNT.— 
‘‘(i) HOUSING
FOR
MIGRANT
FARM-
WORKERS.—In any fiscal year’’; 
(B) by inserting ‘‘providing housing for mi-
grant farmworkers’’ after ‘‘any project’’; and 
(C) by inserting at the end the following: 
‘‘(ii) HOUSING
FOR
OTHER
FARM 
LABOR.—In any fiscal year, the assistance 
provided under this paragraph for any 
project providing housing for domestic farm 
labor legally admitted to the United States 
and authorized to work in agriculture shall 
not exceed an amount equal to 50 percent of 
the operating costs for the project for the 
year, as determined by the Secretary. The 
owner of such project shall not qualify for 
operating assistance unless the Secretary 
certifies that the project was unoccupied or 
underutilized before making units available 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00142
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
143 
to such farm labor, and that a grant under 
this section will not displace any farm 
worker who is a United States worker.’’; 
and 
(3) in subparagraph (D), by adding at the end 
the following: 
‘‘(iii) The term ‘domestic farm labor’ has 
the same meaning given such term in section 
514(f)(3) (42 U.S.C. 1484(f)(3)), except that sub-
paragraph (A) of such section shall not apply for 
purposes this section.’’. 
SEC. 231. ELIGIBILITY OF CERTIFIED WORKERS. 
Subsection (a) of section 214 of the Housing and Com-
munity Development Act of 1980 (42 U.S.C. 1436a) is 
amended— 
(1) in paragraph (6), by striking ‘‘or’’ at the 
end; 
(2) by redesignating paragraph (7) as para-
graph (8); and 
(3) by inserting after paragraph (6) the fol-
lowing: 
‘‘(7) an alien granted certified agricultural 
worker or certified agricultural dependent status 
under title I of the Farm Workforce Modernization 
Act of 2019, but solely for financial assistance made 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00143
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
144 
available pursuant to section 521 or 542 of the Hous-
ing Act of 1949 (42 U.S.C. 1490a, 1490r); or’’. 
Subtitle C—Foreign Labor 
Recruiter Accountability 
SEC. 251. REGISTRATION OF FOREIGN LABOR RECRUITERS. 
(a) IN GENERAL.—Not later than 1 year after the date 
of the enactment of this Act, the Secretary of Labor, in con-
sultation with the Secretary of State and the Secretary of 
Homeland Security, shall establish procedures for the elec-
tronic registration of foreign labor recruiters engaged in the 
recruitment of nonimmigrant workers described in section 
101(a)(15)(H)(ii)(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) to perform agricul-
tural labor or services in the United States. 
(b) PROCEDURAL REQUIREMENTS.—The procedures 
described in subsection (a) shall— 
(1) require the applicant to submit a sworn dec-
laration— 
(A) stating the applicant’s permanent place 
of residence or principal place of business, as ap-
plicable; 
(B) describing the foreign labor recruiting 
activities in which the applicant is engaged; and 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00144
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
145 
(C) including such other relevant informa-
tion as the Secretary of Labor and the Secretary 
of State may require; 
(2) include an expeditious means to update and 
renew registrations; 
(3) include a process, which shall include the 
placement of personnel at each United States diplo-
matic mission in accordance with subsection (g)(2), to 
receive information from the public regarding foreign 
labor recruiters who have allegedly engaged in a for-
eign labor recruiting activity that is prohibited under 
this subtitle; 
(4) include procedures for the receipt and proc-
essing of complaints against foreign labor recruiters 
and for remedies, including the revocation of a reg-
istration or the assessment of fines upon a determina-
tion by the Secretary of Labor that the foreign labor 
recruiter has violated the requirements of this subtitle; 
(5) require the applicant to post a bond in an 
amount sufficient to ensure the ability of the appli-
cant to discharge its responsibilities and ensure pro-
tection of workers, including payment of wages; and 
(6) allow the Secretary of Labor and the Sec-
retary of State to consult with other appropriate Fed-
eral agencies to determine whether any reason exists 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00145
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
146 
to deny registration to a foreign labor recruiter or re-
voke such registration. 
(c) ATTESTATIONS.—Foreign labor recruiters reg-
istering under this subtitle shall attest and agree to abide 
by the following requirements: 
(1) PROHIBITED FEES.—The foreign labor re-
cruiter, including any agent or employee of such for-
eign labor recruiter, shall not assess any recruitment 
fees on a worker for any foreign labor recruiting ac-
tivity. 
(2) PROHIBITION ON FALSE AND MISLEADING IN-
FORMATION.—The foreign labor recruiter shall not 
knowingly provide materially false or misleading in-
formation to any worker concerning any matter re-
quired to be disclosed under this subtitle. 
(3) REQUIRED DISCLOSURES.—The foreign labor 
recruiter shall ascertain and disclose to the worker in 
writing in English and in the primary language of 
the worker at the time of the worker’s recruitment, the 
following information: 
(A) The identity and address of the em-
ployer and the identity and address of the person 
conducting the recruiting on behalf of the em-
ployer, including each subcontractor or agent in-
volved in such recruiting. 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00146
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
147 
(B) A copy of the approved job order or 
work contract under section 218 of the Immigra-
tion and Nationality Act, including all assur-
ances and terms and conditions of employment. 
(C) A statement, in a form specified by the 
Secretary— 
(i) describing the general terms and 
conditions associated with obtaining an H– 
2A visa and maintaining H–2A status; 
(ii) affirming the prohibition on the 
assessment of fees described in paragraph 
(1), and explaining that such fees, if paid 
by the employer, may not be passed on to 
the worker; 
(iii) describing the protections afforded 
the worker under this subtitle, including 
procedures for reporting violations to the 
Secretary of State, filing a complaint with 
the Secretary of Labor, or filing a civil ac-
tion; and 
(iv) describing the protections afforded 
the worker by section 202 of the William 
Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2008 (8 U.S.C. 
1375b), including the telephone number for 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00147
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
148 
the national human trafficking resource 
center hotline number. 
(4) BOND.—The foreign labor recruiter shall 
agree to maintain a bond sufficient to ensure the abil-
ity of the foreign labor recruiter to discharge its re-
sponsibilities and ensure protection of workers, and to 
forfeit such bond in an amount determined by the 
Secretary under subsections (b)(1)(C)(ii) or (c)(2)(C) 
of section 252 for failure to comply with the provi-
sions of this subtitle. 
(5) COOPERATION IN INVESTIGATION.—The for-
eign labor recruiter shall agree to cooperate in any 
investigation under section 252 of this subtitle by the 
Secretary or other appropriate authorities. 
(6) NO
RETALIATION.—The foreign labor re-
cruiter shall agree to refrain from intimidating, 
threatening, restraining, coercing, discharging, black-
listing or in any other manner discriminating or re-
taliating against any worker or their family members 
(including a former worker or an applicant for em-
ployment) because such worker disclosed information 
to any person based on a reason to believe that the 
foreign labor recruiter, or any agent or subcontractee 
of such foreign labor recruiter, is engaging or has en-
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00148
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
149 
gaged in a foreign labor recruiting activity that does 
not comply with this subtitle. 
(7) 
EMPLOYEES, 
AGENTS, 
AND 
SUBCONTRACTEES.—The foreign labor recruiter shall 
consent to be liable for the conduct of any agents or 
subcontractees of any level in relation to the foreign 
labor recruiting activity of the agent or subcontractee 
to the same extent as if the foreign labor recruiter had 
engaged in such conduct. 
(8) ENFORCEMENT.—If the foreign labor re-
cruiter is conducting foreign labor recruiting activity 
wholly outside the United States, such foreign labor 
recruiter shall establish a registered agent in the 
United States who is authorized to accept service of 
process on behalf of the foreign labor recruiter for the 
purpose of any administrative proceeding under this 
title or any Federal court civil action, if such service 
is made in accordance with the appropriate Federal 
rules for service of process. 
(d) TERM OF REGISTRATION.—Unless suspended or re-
voked, a registration under this section shall be valid for 
2 years. 
(e) APPLICATION FEE.—The Secretary shall require a 
foreign labor recruiter that submits an application for reg-
istration under this section to pay a reasonable fee, suffi-
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00149
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
150 
cient to cover the full costs of carrying out the registration 
activities under this subtitle. 
(f) NOTIFICATION.— 
(1) EMPLOYER NOTIFICATION.— 
(A) IN GENERAL.—Not less frequently than 
once every year, an employer of H–2A workers 
shall provide the Secretary with the names and 
addresses of all foreign labor recruiters engaged 
to perform foreign labor recruiting activity on 
behalf of the employer, whether the foreign labor 
recruiter is to receive any economic compensa-
tion for such services, and, if so, the identity of 
the person or entity who is paying for the serv-
ices. 
(B) AGREEMENT TO COOPERATE.—In addi-
tion to the requirements of subparagraph (A), the 
employer shall— 
(i) provide to the Secretary the iden-
tity of any foreign labor recruiter whom the 
employer has reason to believe is engaging 
in foreign labor recruiting activities that do 
not comply with this subtitle; and 
(ii) promptly respond to any request 
by the Secretary for information regarding 
the identity of a foreign labor recruiter with 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00150
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
151 
whom the employer has a contract or other 
agreement. 
(2) FOREIGN
LABOR
RECRUITER
NOTIFICA-
TION.—A registered foreign labor recruiter shall no-
tify the Secretary, not less frequently than once every 
year, of the identity of any subcontractee, agent, or 
foreign labor recruiter employee involved in any for-
eign labor recruiting activity for, or on behalf of, the 
foreign labor recruiter. 
(g) ADDITIONAL RESPONSIBILITIES
OF
THE SEC-
RETARY OF STATE.— 
(1) LISTS.—The Secretary of State, in consulta-
tion with the Secretary of Labor shall maintain and 
make publicly available in written form and on the 
websites of United States embassies in the official lan-
guage of that country, and on websites maintained by 
the Secretary of Labor, regularly updated lists— 
(A) of foreign labor recruiters who hold 
valid registrations under this section, includ-
ing— 
(i) the name and address of the foreign 
labor recruiter; 
(ii) the countries in which such re-
cruiters conduct recruitment; 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00151
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
152 
(iii) the employers for whom recruiting 
is conducted; 
(iv) the occupations that are the subject 
of recruitment; 
(v) the States where recruited workers 
are employed; and 
(vi) the name and address of the reg-
istered agent in the United States who is 
authorized to accept service of process on be-
half of the foreign labor recruiter; and 
(B) of foreign labor recruiters whose reg-
istration the Secretary has revoked. 
(2) PERSONNEL.—The Secretary of State shall 
ensure that each United States diplomatic mission is 
staffed with a person who shall be responsible for re-
ceiving information from members of the public re-
garding potential violations of the requirements ap-
plicable to registered foreign labor recruiters and en-
suring that such information is conveyed to the Sec-
retary of Labor for evaluation and initiation of an 
enforcement action, if appropriate. 
(3) VISA APPLICATION PROCEDURES.—The Sec-
retary shall ensure that consular officers issuing visas 
to nonimmigrants under section 101(a)(1)(H)(ii)(a) 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00152
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
153 
of the Immigration and Nationality Act (8 U.S.C. 
11001(a)(1)(H)(ii)(a))— 
(A) provide to and review with the appli-
cant, in the applicant’s language (or a language 
the applicant understands), a copy of the infor-
mation and resources pamphlet required by sec-
tion 202 of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 
(8 U.S.C. 1375b); 
(B) ensure that the applicant has a copy of 
the approved job offer or work contract; 
(C) note in the visa application file whether 
the foreign labor recruiter has a valid registra-
tion under this section; and 
(D) if the foreign labor recruiter holds a 
valid registration, review and include in the visa 
application file, the foreign labor recruiter’s dis-
closures required by subsection (c)(3). 
(4) DATA.—The Secretary of State shall make 
publicly available online, on an annual basis, data 
disclosing the gender, country of origin (and State, 
county, or province, if available), age, wage, level of 
training, 
and 
occupational 
classification, 
disaggregated by State, of nonimmigrant workers de-
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00153
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
154 
scribed in section 101(a)(15)(H)(ii)(a) of the Immi-
gration and Nationality Act. 
SEC. 252. ENFORCEMENT. 
(a) DENIAL OR REVOCATION OF REGISTRATION.— 
(1) GROUNDS FOR DENIAL OR REVOCATION.— 
The Secretary shall deny an application for registra-
tion, or revoke a registration, if the Secretary deter-
mines that the foreign labor recruiter, or any agent 
or subcontractee of such foreign labor recruiter— 
(A) knowingly made a material misrepre-
sentation in the registration application; 
(B) materially failed to comply with one or 
more of the attestations provided under section 
251(c); or 
(C) is not the real party in interest. 
(2) NOTICE.—Prior to denying an application 
for registration or revoking a registration under this 
subsection, the Secretary shall provide written notice 
of the intent to deny or revoke the registration to the 
foreign labor recruiter. Such notice shall— 
(A) articulate with specificity all grounds 
for denial or revocation; and 
(B) provide the foreign labor recruiter with 
not less than 60 days to respond. 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00154
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
155 
(3) RE-REGISTRATION.—A foreign labor re-
cruiter whose registration was revoked under sub-
section (a) may re-register if the foreign labor re-
cruiter demonstrates to the Secretary’s satisfaction 
that the foreign labor recruiter has not violated this 
subtitle in the 5 years preceding the date an applica-
tion for registration is filed and has taken sufficient 
steps to prevent future violations of this subtitle. 
(b) ADMINISTRATIVE ENFORCEMENT.— 
(1) COMPLAINT PROCESS.— 
(A) FILING.—A complaint may be filed 
with the Secretary of Labor, in accordance with 
the 
procedures 
established 
under 
section 
251(b)(4) not later than 2 years after the earlier 
of— 
(i) the date of the last action which 
constituted the conduct that is the subject of 
the complaint took place; or 
(ii) the date on which the aggrieved 
party had actual knowledge of such conduct. 
(B) DECISION AND PENALTIES.—If the Sec-
retary of Labor finds, after notice and an oppor-
tunity for a hearing, that a foreign labor re-
cruiter failed to comply with any of the require-
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00155
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
156 
ments of this subtitle, the Secretary of Labor 
may— 
(i) levy a fine against the foreign labor 
recruiter in an amount not more than— 
(I) $10,000 per violation; and 
(II) $25,000 per violation, upon 
the third violation; 
(ii) order the forfeiture (or partial for-
feiture) of the bond and release of as much 
of the bond as the Secretary determines is 
necessary for the worker to recover prohib-
ited recruitment fees; 
(iii) refuse to issue or renew a registra-
tion, or revoke a registration; or 
(iv) disqualify the foreign labor re-
cruiter from registration for a period of up 
to 5 years, or in the case of a subsequent 
finding involving willful or multiple mate-
rial violations, permanently disqualify the 
foreign labor recruiter from registration. 
(2) AUTHORITY TO ENSURE COMPLIANCE.—The 
Secretary of Labor is authorized to take other such 
actions, including issuing subpoenas and seeking ap-
propriate injunctive relief, as may be necessary to as-
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00156
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
157 
sure compliance with the terms and conditions of this 
subtitle. 
(3) STATUTORY CONSTRUCTION.—Nothing in this 
subsection may be construed as limiting the authority 
of the Secretary of Labor to conduct an investiga-
tion— 
(A) under any other law, including any law 
affecting migrant and seasonal agricultural 
workers; or 
(B) in the absence of a complaint. 
(c) CIVIL ACTION.— 
(1) IN
GENERAL.—The Secretary of Labor or 
any person aggrieved by a violation of this subtitle 
may bring a civil action against any foreign labor re-
cruiter, or any employer that does not meet the re-
quirements under subsection (d)(1), in any court of 
competent jurisdiction— 
(A) to seek remedial action, including in-
junctive relief; and 
(B) for damages in accordance with the 
provisions of this subsection. 
(2) AWARD FOR CIVIL ACTION FILED BY AN INDI-
VIDUAL.— 
(A) IN GENERAL.—If the court finds in a 
civil action filed by an individual under this 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00157
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
158 
section that the defendant has violated any pro-
vision of this subtitle, the court may award— 
(i) damages, up to and including an 
amount equal to the amount of actual dam-
ages, and statutory damages of up to $1,000 
per plaintiff per violation, or other equi-
table relief, except that with respect to stat-
utory damages— 
(I) multiple infractions of a single 
provision of this subtitle (or of a regu-
lation under this subtitle) shall con-
stitute only 1 violation for purposes of 
this 
subsection 
to 
determine 
the 
amount of statutory damages due a 
plaintiff; and 
(II) if such complaint is certified 
as a class action the court may 
award— 
(aa) damages up to an 
amount equal to the amount of 
actual damages; and 
(bb) statutory damages of not 
more than the lesser of up to 
$1,000 per class member per vio-
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00158
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
159 
lation, or up to $500,000; and 
other equitable relief; 
(ii) reasonable attorneys’ fees and 
costs; and 
(iii) such other and further relief as 
necessary to effectuate the purposes of this 
subtitle. 
(B) CRITERIA.—In determining the amount 
of statutory damages to be awarded under sub-
paragraph (A), the court is authorized to con-
sider whether an attempt was made to resolve the 
issues in dispute before the resort to litigation. 
(C) BOND.—To satisfy the damages, fees, 
and costs found owing under this paragraph, the 
Secretary shall release as much of the bond held 
pursuant to section 251(c)(4) as necessary. 
(3) SUMS RECOVERED IN ACTIONS BY THE SEC-
RETARY OF LABOR.— 
(A) ESTABLISHMENT OF ACCOUNT.—There 
is established in the general fund of the Treasury 
a separate account, which shall be known as the 
‘‘H–2A Foreign Labor Recruiter Compensation 
Account’’. Notwithstanding any other provisions 
of law, there shall be deposited as offsetting re-
ceipts into the account, all sums recovered in an 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00159
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
160 
action by the Secretary of Labor under this sub-
section. 
(B) USE
OF
FUNDS.—Amounts deposited 
into the H–2A Foreign Labor Recruiter Com-
pensation Account and shall be paid directly to 
each worker affected. Any such sums not paid to 
a worker because of inability to do so within a 
period of 5 years following the date such funds 
are deposited into the account shall remain 
available to the Secretary until expended. The 
Secretary may transfer all or a portion of such 
remaining sums to appropriate agencies to sup-
port the enforcement of the laws prohibiting the 
trafficking and exploitation of persons or pro-
grams that aid trafficking victims. 
(d) EMPLOYER SAFE HARBOR.— 
(1) IN GENERAL.—An employer that hires work-
ers referred by a foreign labor recruiter with a valid 
registration at the time of hiring shall not be held 
jointly liable for a violation committed solely by a 
foreign labor recruiter under this subtitle— 
(A) in any administrative action initiated 
by the Secretary concerning such violation; or 
(B) in any Federal or State civil court ac-
tion filed against the foreign labor recruiter by 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00160
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
161 
or on behalf of such workers or other aggrieved 
party under this subtitle. 
(2) CLARIFICATION.—Nothing in this subtitle 
shall be construed to prohibit an aggrieved party or 
parties from bringing a civil action for violations of 
this subtitle or any other Federal or State law 
against any employer who hired workers referred by 
a foreign labor recruiter— 
(A) without a valid registration at the time 
of hire; or 
(B) with a valid registration if the em-
ployer knew or learned of the violation and 
failed to report such violation to the Secretary. 
(e) PAROLE TO PURSUE RELIEF.—If other immigra-
tion relief is not available, the Secretary of Homeland Secu-
rity may grant parole to permit an individual to remain 
legally in the United States for time sufficient to fully and 
effectively participate in all legal proceedings related to any 
action taken pursuant to subsection (b) or (c). 
(f) WAIVER OF RIGHTS.—Agreements by employees 
purporting to waive or to modify their rights under this 
subtitle shall be void as contrary to public policy. 
(g) LIABILITY FOR AGENTS.—Foreign labor recruiters 
shall be subject to the provisions of this section for violations 
committed by the foreign labor recruiter’s agents or 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00161
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
162 
subcontractees of any level in relation to their foreign labor 
recruiting activity to the same extent as if the foreign labor 
recruiter had committed the violation. 
SEC. 253. APPROPRIATIONS. 
There is authorized to be appropriated such sums as 
may be necessary for the Secretary of Labor and Secretary 
of State to carry out the provisions of this subtitle. 
SEC. 254. DEFINITIONS. 
For purposes of this subtitle: 
(1) FOREIGN
LABOR
RECRUITER.—The term 
‘‘foreign labor recruiter’’ means any person who per-
forms foreign labor recruiting activity in exchange for 
money or other valuable consideration paid or prom-
ised to be paid, to recruit individuals to work as non-
immigrant 
workers 
described 
in 
section 
101(a)(15)(H)(ii)(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)), including 
any person who performs foreign labor recruiting ac-
tivity wholly outside of the United States. Such term 
does not include any entity of the United States Gov-
ernment or an employer, or employee of an employer, 
who engages in foreign labor recruiting activity solely 
to find employees for that employer’s own use, and 
without the participation of any other foreign labor 
recruiter. 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00162
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
163 
(2) FOREIGN LABOR RECRUITING ACTIVITY.—The 
term ‘‘foreign labor recruiting activity’’ means re-
cruiting, soliciting, or related activities with respect 
to an individual who resides outside of the United 
States in furtherance of employment in the United 
States, including when such activity occurs wholly 
outside of the United States. 
(3) RECRUITMENT
FEES.—The term ‘‘recruit-
ment fees’’ has the meaning given to such term under 
section 22.1702 of title 22 of the Code of Federal Reg-
ulations, as in effect on the date of enactment of this 
Act. 
(4) PERSON.—The term ‘‘person’’ means any 
natural person or any corporation, company, firm, 
partnership, joint stock company or association or 
other organization or entity (whether organized under 
law or not), including municipal corporations. 
TITLE 
III—ELECTRONIC 
VERIFICATION 
OF 
EMPLOY-
MENT ELIGIBILITY 
SEC. 
301. 
ELECTRONIC 
EMPLOYMENT 
ELIGIBILITY 
VERIFICATION SYSTEM. 
(a) IN GENERAL.—Chapter 8 of title II of the Immi-
gration and Nationality Act (8 U.S.C. 1321 et seq.) is 
amended by inserting after section 274D the following: 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00163
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
164 
‘‘SEC. 
274E. 
REQUIREMENTS 
FOR 
THE 
ELECTRONIC 
VERIFICATION OF EMPLOYMENT ELIGIBILITY. 
‘‘(a) EMPLOYMENT ELIGIBILITY VERIFICATION SYS-
TEM.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security (referred to in this section as the ‘Secretary’) 
shall 
establish 
and 
administer 
an 
electronic 
verification system (referred to in this section as the 
‘System’), patterned on the E–Verify Program de-
scribed in section 403(a) of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1324a note) (as in effect on the day before the 
effective date described in section 303(a)(4) of the 
Farm Workforce Modernization Act of 2019), and 
using the employment eligibility confirmation system 
established under section 404 of such Act (8 U.S.C. 
1324a note) (as so in effect) as a foundation, through 
which the Secretary shall— 
‘‘(A) respond to inquiries made by persons 
or entities seeking to verify the identity and em-
ployment authorization of individuals that such 
persons or entities seek to hire, or to recruit or 
refer for a fee, for employment in the United 
States; and 
‘‘(B) maintain records of the inquiries that 
were made, and of verifications provided (or not 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00164
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
165 
provided) to such persons or entities as evidence 
of compliance with the requirements of this sec-
tion. 
‘‘(2) INITIAL RESPONSE DEADLINE.—The System 
shall provide confirmation or a tentative noncon-
firmation of an individual’s identity and employment 
authorization as soon as practicable, but not later 
than 3 calendar days after the initial inquiry. 
‘‘(3) GENERAL DESIGN AND OPERATION OF SYS-
TEM.—The Secretary shall design and operate the 
System— 
‘‘(A) using responsive web design and other 
technologies to maximize its ease of use and ac-
cessibility for users on a variety of electronic de-
vices and screen sizes, and in remote locations; 
‘‘(B) to maximize the accuracy of responses 
to inquiries submitted by persons or entities; 
‘‘(C) to maximize the reliability of the Sys-
tem and to register each instance when the Sys-
tem is unable to receive inquiries; 
‘‘(D) to protect the privacy and security of 
the personally identifiable information main-
tained by or submitted to the System; 
‘‘(E) to provide direct notification of an in-
quiry to an individual with respect to whom the 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00165
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
166 
inquiry is made, including the results of such in-
quiry, and information related to the process for 
challenging the results; and 
‘‘(F) to maintain appropriate administra-
tive, technical, and physical safeguards to pre-
vent misuse of the System and unfair immigra-
tion-related employment practices. 
‘‘(4) MEASURES TO PREVENT IDENTITY THEFT 
AND OTHER FORMS OF FRAUD.—To prevent identity 
theft and other forms of fraud, the Secretary shall de-
sign and operate the System with the following at-
tributes: 
‘‘(A) PHOTO MATCHING TOOL.—The System 
shall display the digital photograph of the indi-
vidual, if any, that corresponds to the document 
presented by an individual to establish identity 
and employment authorization so that the person 
or entity that makes an inquiry can compare the 
photograph displayed by the System to the pho-
tograph on the document presented by the indi-
vidual. 
‘‘(B) INDIVIDUAL MONITORING AND SUSPEN-
SION OF IDENTIFYING INFORMATION.—The Sys-
tem shall enable individuals to establish user ac-
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00166
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
167 
counts, after authentication of an individual’s 
identity, that would allow an individual to— 
‘‘(i) confirm the individual’s own em-
ployment authorization; 
‘‘(ii) receive electronic notification 
when the individual’s social security ac-
count number or other personally identi-
fying information has been submitted to the 
System; 
‘‘(iii) monitor the use history of the in-
dividual’s personally identifying informa-
tion in the System, including the identities 
of all persons or entities that have sub-
mitted such identifying information to the 
System, the date of each query run, and the 
System response for each query run; 
‘‘(iv) suspend or limit the use of the 
individual’s social security account number 
or other personally identifying information 
for purposes of the System; and 
‘‘(v) provide notice to the Department 
of Homeland Security of any suspected 
identity fraud or other improper use of per-
sonally identifying information. 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00167
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
168 
‘‘(C) BLOCKING MISUSED SOCIAL SECURITY 
ACCOUNT NUMBERS.— 
‘‘(i) IN GENERAL.—The Secretary, in 
consultation with the Commissioner of So-
cial Security (referred to in this section as 
the ‘Commissioner’), shall develop, after 
publication in the Federal Register and an 
opportunity for public comment, a process 
in which social security account numbers 
that have been identified to be subject to un-
usual multiple use in the System or that 
are otherwise suspected or determined to 
have been compromised by identity fraud or 
other misuse, shall be blocked from use in 
the System unless the individual using such 
number is able to establish, through secure 
and fair procedures, that the individual is 
the legitimate holder of the number. 
‘‘(ii) NOTICE.—If the Secretary blocks 
or suspends a social security account num-
ber under this subparagraph, the Secretary 
shall provide notice to the persons or enti-
ties that have made inquiries to the System 
using such account number that the identity 
and employment authorization of the indi-
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00168
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
169 
vidual who provided such account number 
must be re-verified. 
‘‘(D) ADDITIONAL
IDENTITY
AUTHENTICA-
TION TOOL.—The Secretary shall develop, after 
publication in the Federal Register and an op-
portunity for public comment, additional secu-
rity measures to adequately verify the identity of 
an individual whose identity may not be verified 
using the photo tool described in subparagraph 
(A). Such additional security measures— 
‘‘(i) shall be kept up-to-date with tech-
nological advances; and 
‘‘(ii) shall be designed to provide a 
high level of certainty with respect to iden-
tity authentication. 
‘‘(E) CHILD-LOCK
PILOT
PROGRAM.—The 
Secretary, in consultation with the Commis-
sioner, shall establish a reliable, secure program 
through which parents or legal guardians may 
suspend or limit the use of the social security ac-
count number or other personally identifying in-
formation of a minor under their care for pur-
poses of the System. The Secretary may imple-
ment the program on a limited pilot basis before 
making it fully available to all individuals. 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00169
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
170 
‘‘(5) RESPONSIBILITIES OF THE COMMISSIONER 
OF
SOCIAL
SECURITY.—The Commissioner, in con-
sultation with the Secretary, shall establish a reliable, 
secure method, which, within the time periods speci-
fied in paragraph (2) and subsection (b)(4)(D)(i)(II), 
compares the name and social security account num-
ber provided in an inquiry against such information 
maintained by the Commissioner in order to validate 
(or not validate) the information provided by the per-
son or entity with respect to an individual whose 
identity and employment authorization the person or 
entity seeks to confirm, the correspondence of the 
name and number, and whether the individual has 
presented a social security account number that is not 
valid for employment. The Commissioner shall not 
disclose or release social security information (other 
than such confirmation or nonconfirmation) under 
the System except as provided under this section or 
section 205(c)(2)(I) of the Social Security Act (42 
U.S.C. 405). 
‘‘(6) RESPONSIBILITIES OF THE SECRETARY OF 
HOMELAND SECURITY.— 
‘‘(A) IN GENERAL.—The Secretary of Home-
land Security shall establish a reliable, secure 
method, which, within the time periods specified 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00170
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
171 
in paragraph (2) and subsection (b)(4)(D)(i)(II), 
compares the name and identification or other 
authorization number (or any other information 
determined relevant by the Secretary) which are 
provided in an inquiry against such information 
maintained or accessed by the Secretary in order 
to validate (or not validate) the information pro-
vided, the correspondence of the name and num-
ber, and whether the individual is authorized to 
be employed in the United States. 
‘‘(B) TRAINING.—The Secretary shall pro-
vide and regularly update training materials on 
the use of the System for persons and entities 
making inquiries. 
‘‘(C) AUDIT.—The Secretary shall provide 
for periodic auditing of the System to detect and 
prevent misuse, discrimination, fraud, and iden-
tity theft, to protect privacy and assess System 
accuracy, and to preserve the integrity and secu-
rity of the information in the System. 
‘‘(D) NOTICE
OF
SYSTEM
CHANGES.—The 
Secretary shall provide appropriate notification 
to persons and entities registered in the System 
of any change made by the Secretary or the 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00171
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
172 
Commissioner related to permitted and prohib-
ited documents, and use of the System. 
‘‘(7) RESPONSIBILITIES OF THE SECRETARY OF 
STATE.—As part of the System, the Secretary of State 
shall provide to the Secretary of Homeland Security 
access to passport and visa information as needed to 
confirm that a passport or passport card presented 
under subsection (b)(3)(A)(i) confirms the employ-
ment authorization and identity of the individual 
presenting such document, and that a passport, pass-
port card, or visa photograph matches the Secretary 
of State’s records, and shall provide such assistance as 
the Secretary of Homeland Security may request in 
order to resolve tentative nonconfirmations or final 
nonconfirmations relating to such information. 
‘‘(8) UPDATING
INFORMATION.—The Commis-
sioner, the Secretary of Homeland Security, and the 
Secretary of State shall update records in their cus-
tody in a manner that promotes maximum accuracy 
of the System and shall provide a process for the 
prompt correction of erroneous information, including 
instances in which it is brought to their attention 
through the secondary verification process under sub-
section (b)(4)(D). 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00172
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
173 
‘‘(9) MANDATORY
AND
VOLUNTARY
SYSTEM 
USES.— 
‘‘(A) MANDATORY USERS.—Except as other-
wise provided under Federal or State law, such 
as sections 302 and 303 of the Farm Workforce 
Modernization Act of 2019, nothing in this sec-
tion shall be construed as requiring the use of the 
System by any person or entity hiring, recruit-
ing, or referring for a fee, an individual for em-
ployment in the United States. 
‘‘(B) VOLUNTARY USERS.—Beginning after 
the date that is 30 days after the date on which 
final rules are published under section 309(a) of 
the Farm Workforce Modernization Act of 2019, 
a person or entity may use the System on a vol-
untary basis to seek verification of the identity 
and employment authorization of individuals the 
person or entity is hiring, recruiting, or refer-
ring for a fee for employment in the United 
States 
‘‘(C) PROCESS FOR NON-USERS.—The em-
ployment verification process for any person or 
entity hiring, recruiting, or referring for a fee, 
an individual for employment in the United 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00173
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
174 
States shall be governed by section 274A(b) un-
less the person or entity— 
‘‘(i) is required by Federal or State 
law to use the System; or 
‘‘(ii) has opted to use the System vol-
untarily in accordance with subparagraph 
(B). 
‘‘(10) NO FEE FOR USE.—The Secretary may not 
charge a fee to an individual, person, or entity re-
lated to the use of the System. 
‘‘(b) NEW HIRES, RECRUITMENT, AND REFERRAL.— 
Notwithstanding section 274A(b), the requirements referred 
to in paragraphs (1)(B) and (3) of section 274A(a) are, 
in the case of a person or entity that uses the System for 
the hiring, recruiting, or referring for a fee, an individual 
for employment in the United States, the following: 
‘‘(1) INDIVIDUAL ATTESTATION OF EMPLOYMENT 
AUTHORIZATION.—During the period beginning on 
the date on which an offer of employment is accepted 
and ending on the date of hire, the individual shall 
attest, under penalty of perjury on a form designated 
by the Secretary, that the individual is authorized to 
be employed in the United States by providing on 
such form— 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00174
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
175 
‘‘(A) the individual’s name and date of 
birth; 
‘‘(B) the individual’s social security account 
number (unless the individual has applied for 
and not yet been issued such a number); 
‘‘(C) whether the individual is— 
‘‘(i) a citizen or national of the United 
States; 
‘‘(ii) an alien lawfully admitted for 
permanent residence; or 
‘‘(iii) an alien who is otherwise au-
thorized by the Secretary to be hired, re-
cruited, or referred for employment in the 
United States; and 
‘‘(D) if the individual does not attest to 
United States citizenship or nationality, such 
identification or other authorization number es-
tablished by the Department of Homeland Secu-
rity for the alien as the Secretary may specify. 
‘‘(2) EMPLOYER ATTESTATION AFTER EXAMINA-
TION OF DOCUMENTS.—Not later than 3 business days 
after the date of hire, the person or entity shall attest, 
under penalty of perjury on the form designated by 
the Secretary for purposes of paragraph (1), that it 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00175
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
176 
has verified that the individual is not an unauthor-
ized alien by— 
‘‘(A) obtaining from the individual the in-
formation described in paragraph (1) and re-
cording such information on the form; 
‘‘(B) examining— 
‘‘(i) a document described in para-
graph (3)(A); or 
‘‘(ii) a document described in para-
graph (3)(B) and a document described in 
paragraph (3)(C); and 
‘‘(C) attesting that the information recorded 
on the form is consistent with the documents ex-
amined. 
‘‘(3) ACCEPTABLE DOCUMENTS.— 
‘‘(A) DOCUMENTS ESTABLISHING EMPLOY-
MENT AUTHORIZATION AND IDENTITY.—A docu-
ment described in this subparagraph is an indi-
vidual’s— 
‘‘(i) United States passport or passport 
card; 
‘‘(ii) permanent resident card that con-
tains a photograph; 
‘‘(iii) foreign passport containing tem-
porary evidence of lawful permanent resi-
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00176
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
177 
dence in the form of an official I–551 (or 
successor) stamp from the Department of 
Homeland Security or a printed notation 
on a machine-readable immigrant visa; 
‘‘(iv) unexpired employment authoriza-
tion card that contains a photograph; 
‘‘(v) in the case of a nonimmigrant 
alien authorized to engage in employment 
for a specific employer incident to status, a 
foreign passport with Form I–94, Form I– 
94A, or other documentation as designated 
by the Secretary specifying the alien’s non-
immigrant status as long as such status has 
not yet expired and the proposed employ-
ment is not in conflict with any restrictions 
or limitations identified in the documenta-
tion; 
‘‘(vi) passport from the Federated 
States of Micronesia or the Republic of the 
Marshall Islands with Form I–94, Form I– 
94A, or other documentation as designated 
by the Secretary, indicating nonimmigrant 
admission under the Compact of Free Asso-
ciation Between the United States and the 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00177
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
178 
Federated States of Micronesia or the Re-
public of the Marshall Islands; or 
‘‘(vii) other document designated by 
the Secretary, by notice published in the 
Federal Register, if the document— 
‘‘(I) contains a photograph of the 
individual, 
biometric 
identification 
data, and other personal identifying 
information relating to the individual; 
‘‘(II) is evidence of authorization 
for employment in the United States; 
and 
‘‘(III) contains security features 
to make it resistant to tampering, 
counterfeiting, and fraudulent use. 
‘‘(B) DOCUMENTS ESTABLISHING EMPLOY-
MENT
AUTHORIZATION.—A document described 
in this subparagraph is— 
‘‘(i) an individual’s social security ac-
count number card (other than such a card 
which specifies on the face that the issuance 
of the card does not authorize employment 
in the United States); or 
‘‘(ii) a document establishing employ-
ment authorization that the Secretary deter-
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00178
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
179 
mines, by notice published in the Federal 
Register, to be acceptable for purposes of 
this subparagraph, provided that such docu-
mentation contains security features to 
make it resistant to tampering, counter-
feiting, and fraudulent use. 
‘‘(C) DOCUMENTS
ESTABLISHING
IDEN-
TITY.—A document described in this subpara-
graph is— 
‘‘(i) an individual’s driver’s license or 
identification card if it was issued by a 
State or one of the outlying possessions of 
the United States and contains a photo-
graph and personal identifying information 
relating to the individual; 
‘‘(ii) an individual’s unexpired United 
States military identification card; 
‘‘(iii) an individual’s unexpired Native 
American tribal identification document 
issued by a tribal entity recognized by the 
Bureau of Indian Affairs; 
‘‘(iv) in the case of an individual 
under 18 years of age, a parent or legal 
guardian’s attestation under penalty of law 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00179
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
180 
as to the identity and age of the individual; 
or 
‘‘(v) a document establishing identity 
that the Secretary determines, by notice 
published in the Federal Register, to be ac-
ceptable for purposes of this subparagraph, 
if such documentation contains a photo-
graph of the individual, biometric identi-
fication data, and other personal identi-
fying information relating to the indi-
vidual, and security features to make it re-
sistant to tampering, counterfeiting, and 
fraudulent use. 
‘‘(D) AUTHORITY TO PROHIBIT USE OF CER-
TAIN DOCUMENTS.—If the Secretary finds that 
any document or class of documents described in 
subparagraph (A), (B), or (C) does not reliably 
establish identity or employment authorization 
or is being used fraudulently to an unacceptable 
degree, the Secretary may, by notice published in 
the Federal Register, prohibit or place conditions 
on the use of such document or class of docu-
ments for purposes of this section. 
‘‘(4) USE OF THE SYSTEM TO SCREEN IDENTITY 
AND EMPLOYMENT AUTHORIZATION.— 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00180
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
181 
‘‘(A) IN GENERAL.—In the case of a person 
or entity that uses the System for the hiring, re-
cruiting, or referring for a fee an individual for 
employment in the United States, during the pe-
riod described in subparagraph (B), the person 
or entity shall submit an inquiry through the 
System described in subsection (a) to seek 
verification of the identity and employment au-
thorization of the individual. 
‘‘(B) VERIFICATION PERIOD.— 
‘‘(i) IN GENERAL.—Except as provided 
in clause (ii), and subject to subsection (d), 
the verification period shall begin on the 
date of hire and end on the date that is 3 
business days after the date of hire, or such 
other reasonable period as the Secretary 
may prescribe. 
‘‘(ii) SPECIAL RULE.—In the case of 
an alien who is authorized to be employed 
in the United States and who provides evi-
dence from the Social Security Administra-
tion that the alien has applied for a social 
security account number, the verification 
period shall end 3 business days after the 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00181
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
182 
alien receives the social security account 
number. 
‘‘(C) CONFIRMATION.—If a person or entity 
receives confirmation of an individual’s identity 
and employment authorization, the person or en-
tity shall record such confirmation on the form 
designated by the Secretary for purposes of para-
graph (1). 
‘‘(D) TENTATIVE NONCONFIRMATION.— 
‘‘(i) IN
GENERAL.—In cases of ten-
tative nonconfirmation, the Secretary shall 
provide, in consultation with the Commis-
sioner, a process for— 
‘‘(I) an individual to contest the 
tentative nonconfirmation not later 
than 10 business days after the date of 
the receipt of the notice described in 
clause (ii); and 
‘‘(II) the Secretary to issue a con-
firmation or final nonconfirmation of 
an individual’s identity and employ-
ment authorization not later than 30 
calendar days after the Secretary re-
ceives notice from the individual con-
testing a tentative nonconfirmation. 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00182
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
183 
‘‘(ii) NOTICE.—If a person or entity 
receives a tentative nonconfirmation of an 
individual’s identity or employment author-
ization, the person or entity shall, not later 
than 3 business days after receipt, notify 
such individual in writing in a language 
understood by the individual and on a form 
designated by the Secretary, that shall in-
clude a description of the individual’s right 
to contest the tentative nonconfirmation. 
The person or entity shall attest, under pen-
alty of perjury, that the person or entity 
provided (or attempted to provide) such no-
tice to the individual, and the individual 
shall acknowledge receipt of such notice in 
a manner specified by the Secretary. 
‘‘(iii) NO CONTEST.— 
‘‘(I) IN
GENERAL.—A tentative 
nonconfirmation shall become final if, 
upon receiving the notice described in 
clause (ii), the individual— 
‘‘(aa) refuses to acknowledge 
receipt of such notice; 
‘‘(bb) acknowledges in writ-
ing, in a manner specified by the 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00183
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
184 
Secretary, that the individual will 
not contest the tentative noncon-
firmation; or 
‘‘(cc) fails to contest the ten-
tative nonconfirmation within the 
10-business-day period beginning 
on the date the individual received 
such notice. 
‘‘(II) RECORD OF NO CONTEST.— 
The person or entity shall indicate in 
the System that the individual did not 
contest the tentative nonconfirmation 
and shall specify the reason the ten-
tative nonconfirmation became final 
under subclause (I). 
‘‘(III) EFFECT
OF
FAILURE
TO 
CONTEST.—An individual’s failure to 
contest a tentative nonconfirmation 
shall not be considered an admission of 
any fact with respect to any violation 
of this Act or any other provision of 
law. 
‘‘(iv) CONTEST.— 
‘‘(I) IN GENERAL.—An individual 
may contest a tentative nonconfirma-
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00184
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
185 
tion by using the process for secondary 
verification under clause (i), not later 
than 10 business days after receiving 
the notice described in clause (ii). Ex-
cept as provided in clause (iii), the 
nonconfirmation shall remain tentative 
until a confirmation or final noncon-
firmation is provided by the System. 
‘‘(II) PROHIBITION
ON
TERMI-
NATION.—In no case shall a person or 
entity terminate employment or take 
any 
adverse 
employment 
action 
against an individual for failure to ob-
tain confirmation of the individual’s 
identity and employment authorization 
until the person or entity receives a 
notice of final nonconfirmation from 
the System. Nothing in this subclause 
shall prohibit an employer from termi-
nating the employment of the indi-
vidual for any other lawful reason. 
‘‘(III) CONFIRMATION
OR
FINAL 
NONCONFIRMATION.—The Secretary, in 
consultation with the Commissioner, 
shall issue notice of a confirmation or 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00185
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
186 
final nonconfirmation of the individ-
ual’s identity and employment author-
ization not later than 30 calendar days 
after the date the Secretary receives no-
tice from the individual contesting the 
tentative nonconfirmation. 
‘‘(E) FINAL NONCONFIRMATION.— 
‘‘(i) NOTICE.—If a person or entity re-
ceives a final nonconfirmation of an indi-
vidual’s identity or employment authoriza-
tion, the person or entity shall, not later 
than 3 business days after receipt, notify 
such individual of the final nonconfirma-
tion in writing, on a form designated by the 
Secretary, which shall include information 
regarding the individual’s right to appeal 
the final nonconfirmation as provided 
under subparagraph (F). The person or en-
tity shall attest, under penalty of perjury, 
that the person or entity provided (or at-
tempted to provide) the notice to the indi-
vidual, and the individual shall acknowl-
edge receipt of such notice in a manner des-
ignated by the Secretary. 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00186
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
187 
‘‘(ii) TERMINATION
OR
NOTIFICATION 
OF CONTINUED EMPLOYMENT.—If a person 
or entity receives a final nonconfirmation 
regarding an individual, the person or enti-
ty may terminate employment of the indi-
vidual. If the person or entity does not ter-
minate such employment pending appeal of 
the final nonconfirmation, the person or en-
tity shall notify the Secretary of such fact 
through the System. Failure to notify the 
Secretary in accordance with this clause 
shall be deemed a violation of section 
274A(a)(1)(A). 
‘‘(iii) PRESUMPTION
OF
VIOLATION 
FOR CONTINUED EMPLOYMENT.—If a person 
or entity continues to employ an individual 
after receipt of a final nonconfirmation, 
there shall be a rebuttable presumption that 
the person or entity has violated paragraphs 
(1)(A) and (a)(2) of section 274A(a). 
‘‘(F) APPEAL
OF
FINAL
NONCONFIRMA-
TION.— 
‘‘(i) ADMINISTRATIVE
APPEAL.—The 
Secretary, in consultation with the Commis-
sioner, shall develop a process by which an 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00187
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
188 
individual may seek administrative review 
of a final nonconfirmation. Such process 
shall— 
‘‘(I) permit the individual to sub-
mit additional evidence establishing 
identity or employment authorization; 
‘‘(II) ensure prompt resolution of 
an appeal (but in no event shall there 
be a failure to respond to an appeal 
within 30 days); and 
‘‘(III) permit the Secretary to im-
pose a civil money penalty (not to ex-
ceed $500) on an individual upon 
finding that an appeal was frivolous or 
filed for purposes of delay. 
‘‘(ii) COMPENSATION FOR LOST WAGES 
RESULTING FROM GOVERNMENT ERROR OR 
OMISSION.— 
‘‘(I) IN GENERAL.—If, upon con-
sideration of an appeal of a final non-
confirmation, the Secretary determines 
that the final nonconfirmation was 
issued in error, the Secretary shall fur-
ther determine whether the final non-
confirmation was the result of govern-
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00188
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
189 
ment error or omission. If the Sec-
retary determines that the final non-
confirmation was solely the result of 
government error or omission and the 
individual was terminated from em-
ployment, the Secretary shall com-
pensate the individual for lost wages. 
‘‘(II) 
CALCULATION
OF
LOST 
WAGES.—Lost wages shall be calculated 
based on the wage rate and work sched-
ule that were in effect prior to the in-
dividual’s termination. The individual 
shall be compensated for lost wages be-
ginning on the first scheduled work 
day after employment was terminated 
and ending 90 days after completion of 
the administrative review process de-
scribed in this subparagraph or the 
day the individual is reinstated or ob-
tains other employment, whichever oc-
curs first. 
‘‘(III) LIMITATION ON COMPENSA-
TION.—No compensation for lost wages 
shall be awarded for any period during 
which the individual was not author-
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00189
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
190 
ized for employment in the United 
States. 
‘‘(IV) SOURCE OF FUNDS.—There 
is established in the general fund of the 
Treasury, a separate account which 
shall be known as the ‘Electronic 
Verification Compensation Account’. 
Fees collected under subsections (f) and 
(g) shall be deposited in the Electronic 
Verification 
Compensation 
Account 
and shall remain available for pur-
poses of providing compensation for 
lost wages under this subclause. 
‘‘(iii) JUDICIAL
REVIEW.—Not later 
than 30 days after the dismissal of an ap-
peal under this subparagraph, an indi-
vidual may seek judicial review of such dis-
missal in the United States District Court 
in the jurisdiction in which the employer 
resides or conducts business. 
‘‘(5) RETENTION OF VERIFICATION RECORDS.— 
‘‘(A) IN
GENERAL.—After completing the 
form designated by the Secretary in accordance 
with paragraphs (1) and (2), the person or enti-
ty shall retain the form in paper, microfiche, 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00190
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
191 
microfilm, electronic, or other format deemed ac-
ceptable by the Secretary, and make it available 
for inspection by officers of the Department of 
Homeland Security, the Department of Justice, 
or the Department of Labor during the period 
beginning on the date the verification is com-
pleted and ending on the later of— 
‘‘(i) the date that is 3 years after the 
date of hire; or 
‘‘(ii) the date that is 1 year after the 
date on which the individual’s employment 
is terminated. 
‘‘(B) COPYING
OF
DOCUMENTATION
PER-
MITTED.—Notwithstanding any other provision 
of law, a person or entity may copy a document 
presented by an individual pursuant to this sec-
tion and may retain the copy, but only for the 
purpose of complying with the requirements of 
this section. 
‘‘(c) REVERIFICATION OF PREVIOUSLY HIRED INDI-
VIDUALS.— 
‘‘(1) MANDATORY REVERIFICATION.—In the case 
of a person or entity that uses the System for the hir-
ing, recruiting, or referring for a fee an individual 
for employment in the United States, the person or 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00191
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
192 
entity shall submit an inquiry using the System to 
verify the identity and employment authorization 
of— 
‘‘(A) an individual with a limited period of 
employment authorization, within 3 business 
days before the date on which such employment 
authorization expires; and 
‘‘(B) an individual, not later than 10 days 
after receiving a notification from the Secretary 
requiring the verification of such individual pur-
suant to subsection (a)(4)(C). 
‘‘(2) 
REVERIFICATION
PROCEDURES.—The 
verification procedures under subsection (b) shall 
apply to reverifications under this subsection, except 
that employers shall— 
‘‘(A) use a form designated by the Secretary 
for purposes of this paragraph; and 
‘‘(B) retain the form in paper, microfiche, 
microfilm, electronic, or other format deemed ac-
ceptable by the Secretary, and make it available 
for inspection by officers of the Department of 
Homeland Security, the Department of Justice, 
or the Department of Labor during the period 
beginning on the date the reverification com-
mences and ending on the later of— 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00192
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
193 
‘‘(i) the date that is 3 years after the 
date of reverification; or 
‘‘(ii) the date that is 1 year after the 
date on which the individual’s employment 
is terminated. 
‘‘(3) LIMITATION
ON
REVERIFICATION.—Except 
as provided in paragraph (1), a person or entity may 
not otherwise reverify the identity and employment 
authorization of a current employee, including an 
employee continuing in employment. 
‘‘(d) GOOD FAITH COMPLIANCE.— 
‘‘(1) IN GENERAL.—Except as otherwise provided 
in this subsection, a person or entity that uses the 
System is considered to have complied with the re-
quirements of this section notwithstanding a technical 
failure of the System, or other technical or procedural 
failure to meet such requirement if there was a good 
faith attempt to comply with the requirement. 
‘‘(2) EXCEPTION
FOR
FAILURE
TO
CORRECT 
AFTER NOTICE.—Paragraph (1) shall not apply if— 
‘‘(A) the failure is not de minimis; 
‘‘(B) the Secretary has provided notice to 
the person or entity of the failure, including an 
explanation as to why it is not de minimis; 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00193
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
194 
‘‘(C) the person or entity has been provided 
a period of not less than 30 days (beginning 
after the date of the notice) to correct the failure; 
and 
‘‘(D) the person or entity has not corrected 
the failure voluntarily within such period. 
‘‘(3) EXCEPTION
FOR
PATTERN
OR
PRACTICE 
VIOLATORS.—Paragraph (1) shall not apply to a per-
son or entity that has engaged or is engaging in a 
pattern or practice of violations of paragraph (1)(A) 
or (2) of section 274A(a). 
‘‘(4) DEFENSE.—In the case of a person or enti-
ty that uses the System for the hiring, recruiting, or 
referring for a fee an individual for employment in 
the United States, the person or entity shall not be 
liable to a job applicant, an employee, the Federal 
Government, or a State or local government, under 
Federal, State, or local criminal or civil law, for any 
employment-related action taken with respect to an 
employee in good-faith reliance on information pro-
vided by the System. Such person or entity shall be 
deemed to have established compliance with its obliga-
tions under this section, absent a showing by the Sec-
retary, by clear and convincing evidence, that the em-
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00194
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
195 
ployer had knowledge that an employee is an unau-
thorized alien. 
‘‘(e) LIMITATIONS.— 
‘‘(1) NO
NATIONAL
IDENTIFICATION
CARD.— 
Nothing in this section shall be construed to author-
ize, directly or indirectly, the issuance or use of na-
tional identification cards or the establishment of a 
national identification card. 
‘‘(2) USE OF RECORDS.—Notwithstanding any 
other provision of law, nothing in this section shall 
be construed to permit or allow any department, bu-
reau, or other agency of the United States Govern-
ment to utilize any information, database, or other 
records assembled under this section for any purpose 
other than the verification of identity and employ-
ment authorization of an individual or to ensure the 
secure, appropriate, and non-discriminatory use of 
the System. 
‘‘(f) PENALTIES.— 
‘‘(1) IN GENERAL.—Except as provided in this 
subsection, the provisions of subsections (e) through 
(g) of section 274A shall apply with respect to com-
pliance with the provisions of this section and pen-
alties for non-compliance for persons or entitles that 
use the System. 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00195
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
196 
‘‘(2) CEASE
AND
DESIST
ORDER
WITH
CIVIL 
MONEY PENALTIES FOR HIRING, RECRUITING, AND RE-
FERRAL
VIOLATIONS.—Notwithstanding 
the 
civil 
money penalties set forth in section 274A(e)(4), with 
respect to a violation of paragraph (1)(A) or (2) of 
section 274A(a) by a person or entity that has hired, 
recruited, or referred for a fee, an individual for em-
ployment in the United States, a cease and desist 
order— 
‘‘(A) shall require the person or entity to 
pay a civil penalty in an amount, subject to sub-
section (d), of— 
‘‘(i) not less than $2,500 and not more 
than $5,000 for each unauthorized alien 
with respect to whom a violation of either 
such subsection occurred; 
‘‘(ii) not less than $5,000 and not more 
than $10,000 for each such alien in the case 
of a person or entity previously subject to 
one order under this paragraph; or 
‘‘(iii) not less than $10,000 and not 
more than $25,000 for each such alien in 
the case of a person or entity previously 
subject to more than one order under this 
paragraph; and 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00196
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
197 
‘‘(B) may require the person or entity to 
take such other remedial action as appropriate. 
‘‘(3) ORDER FOR CIVIL MONEY PENALTY FOR VIO-
LATIONS.—With respect to a violation of section 
274A(a)(1)(B), the order under this paragraph shall 
require the person or entity to pay a civil penalty in 
an amount, subject to paragraphs (4), (5), and (6), 
of not less than $1,000 and not more than $25,000 for 
each individual with respect to whom such violation 
occurred. Failure by a person or entity to utilize the 
System as required by law or providing information 
to the System that the person or entity knows or rea-
sonably believes to be false, shall be treated as a viola-
tion of section 274A(a)(1)(A). 
‘‘(4) EXEMPTION
FROM
PENALTY
FOR
GOOD 
FAITH VIOLATION.— 
‘‘(A) IN GENERAL.—A person or entity that 
uses the System is presumed to have acted with 
knowledge for purposes of paragraphs (1)(A) and 
(2) of section 274A(a) if the person or entity 
fails to make an inquiry to verify the identity 
and employment authorization of the individual 
through the System. 
‘‘(B) GOOD FAITH EXEMPTION.—In the case 
of imposition of a civil penalty under paragraph 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00197
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
198 
(2)(A) with respect to a violation of paragraph 
(1)(A) or (2) of section 274A(a) for hiring or 
continuation of employment or recruitment or 
referral by a person or entity, and in the case 
of imposition of a civil penalty under paragraph 
(3) for a violation of section 274A(a)(1)(B) for 
hiring or recruitment or referral by a person or 
entity, the penalty otherwise imposed may be 
waived or reduced if the person or entity estab-
lishes that the person or entity acted in good 
faith. 
‘‘(5) MITIGATION ELEMENTS.—For purposes of 
paragraphs (2)(A) and (3), when assessing the level 
of civil money penalties, in addition to the good faith 
of the person or entity being charged, due consider-
ation shall be given to the size of the business, the se-
riousness of the violation, whether or not the indi-
vidual was an unauthorized alien, and the history of 
previous violations. 
‘‘(6) CRIMINAL PENALTY.—Notwithstanding sec-
tion 274A(f)(1) and the provisions of any other Fed-
eral law relating to fine levels, any person or entity 
that is required to comply with the provisions of this 
section and that engages in a pattern or practice of 
violations of paragraph (1) or (2) of section 274A(a), 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00198
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
199 
shall be fined not more than $5,000 for each unau-
thorized alien with respect to whom such a violation 
occurs, imprisoned for not more than 18 months, or 
both. 
‘‘(7) ELECTRONIC VERIFICATION COMPENSATION 
ACCOUNT.—Civil money penalties collected under this 
subsection shall be deposited in the Electronic 
Verification Compensation Account for the purpose of 
compensating individuals for lost wages as a result of 
a final nonconfirmation issued by the System that 
was based on government or employer error or omis-
sion, as set forth in subsection (b)(4)(F)(ii)(IV). 
‘‘(8) DEBARMENT.— 
‘‘(A) IN GENERAL.—If a person or entity is 
determined by the Secretary to be a repeat viola-
tor of paragraph (1)(A) or (2) of section 274A(a) 
or is convicted of a crime under section 274A, 
such person or entity may be considered for de-
barment from the receipt of Federal contracts, 
grants, or cooperative agreements in accordance 
with the debarment standards and pursuant to 
the debarment procedures set forth in the Federal 
Acquisition Regulation. 
‘‘(B) NO CONTRACT, GRANT, AGREEMENT.— 
If the Secretary or the Attorney General wishes 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00199
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
200 
to have a person or entity considered for debar-
ment in accordance with this paragraph, and 
such a person or entity does not hold a Federal 
contract, grant or cooperative agreement, the 
Secretary or Attorney General shall refer the 
matter to the Administrator of General Services 
to determine whether to list the person or entity 
on the List of Parties Excluded from Federal 
Procurement, and if so, for what duration and 
under what scope. 
‘‘(C) CONTRACT, GRANT, AGREEMENT.—If 
the Secretary or the Attorney General wishes to 
have a person or entity considered for debarment 
in accordance with this paragraph, and such 
person or entity holds a Federal contract, grant, 
or cooperative agreement, the Secretary or Attor-
ney General shall advise all agencies or depart-
ments holding a contract, grant, or cooperative 
agreement with the person or entity of the Gov-
ernment’s interest in having the person or entity 
considered for debarment, and after soliciting 
and considering the views of all such agencies 
and departments, the Secretary or Attorney Gen-
eral may refer the matter to the appropriate lead 
agency to determine whether to list the person or 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00200
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
201 
entity on the List of Parties Excluded from Fed-
eral Procurement, and if so, for what duration 
and under what scope. 
‘‘(D) REVIEW.—Any decision to debar a 
person or entity in accordance with this sub-
section shall be reviewable pursuant to part 9.4 
of the Federal Acquisition Regulation. 
‘‘(9) PREEMPTION.—The provisions of this sec-
tion preempt any State or local law, ordinance, pol-
icy, or rule, including any criminal or civil fine or 
penalty structure, relating to the hiring, continued 
employment, or status verification for employment 
eligibility purposes, of unauthorized aliens, except 
that a State, locality, municipality, or political sub-
division may exercise its authority over business li-
censing and similar laws as a penalty for failure to 
use the System as required under this section. 
‘‘(g) UNFAIR IMMIGRATION-RELATED EMPLOYMENT 
PRACTICES AND THE SYSTEM.— 
‘‘(1) IN GENERAL.—In addition to the prohibi-
tions on discrimination set forth in section 274B, it 
is an unfair immigration-related employment prac-
tice for a person or entity, in the course of utilizing 
the System— 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00201
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
202 
‘‘(A) to use the System for screening an ap-
plicant prior to the date of hire; 
‘‘(B) to terminate the employment of an in-
dividual or take any adverse employment action 
with respect to that individual due to a tentative 
nonconfirmation issued by the System; 
‘‘(C) to use the System to screen any indi-
vidual for any purpose other than confirmation 
of identity and employment authorization as 
provided in this section; 
‘‘(D) to use the System to verify the identity 
and employment authorization of a current em-
ployee, including an employee continuing in em-
ployment, other than reverification authorized 
under subsection (c); 
‘‘(E) to use the System to discriminate 
based on national origin or citizenship status; 
‘‘(F) to willfully fail to provide an indi-
vidual with any notice required under this title; 
‘‘(G) to require an individual to make an 
inquiry under the self-verification procedures de-
scribed in subsection (a)(4)(B) or to provide the 
results of such an inquiry as a condition of em-
ployment, or hiring, recruiting, or referring; or 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00202
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
203 
‘‘(H) to terminate the employment of an in-
dividual or take any adverse employment action 
with respect to that individual based upon the 
need to verify the identity and employment au-
thorization of the individual as required by sub-
section (b). 
‘‘(2) PREEMPLOYMENT
SCREENING
AND
BACK-
GROUND CHECK.—Nothing in paragraph (1)(A) shall 
be construed to preclude a preemployment screening 
or background check that is required or permitted 
under any other provision of law. 
‘‘(3) CIVIL MONEY PENALTIES FOR DISCRIMINA-
TORY
CONDUCT.—Notwithstanding 
section 
274B(g)(2)(B)(iv), the penalties that may be imposed 
by an administrative law judge with respect to a 
finding that a person or entity has engaged in an un-
fair immigration-related employment practice de-
scribed in paragraph (1) are— 
‘‘(A) not less than $1,000 and not more 
than $4,000 for each individual discriminated 
against; 
‘‘(B) in the case of a person or entity pre-
viously subject to a single order under this para-
graph, not less than $4,000 and not more than 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00203
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS