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quirements under this section and with the ap-
plicable terms and conditions of employment. 
‘‘(B) FILING.—A complaint referred to in 
subparagraph (A) may be filed not later than 2 
years after the date of the conduct that is the 
subject of the complaint. 
‘‘(C) COMPLAINT
NOT
EXCLUSIVE.—A 
complaint filed under this paragraph is not an 
exclusive remedy and the filing of such a 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 
Secretary of Labor finds, after notice and op-
portunity for a hearing, that the employer failed 
to comply with the requirements of this section 
or the terms and conditions of employment, the 
Secretary of Labor may require payment of un-
paid wages, unpaid benefits, fees assessed in 
violation of this section, damages, and civil 
money penalties. The Secretary is also author-
ized to impose other administrative remedies, 
including disqualification of the employer from 
utilizing the H–2A program for a period of up 
to 5 years in the event of willful or multiple 
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material violations. The Secretary is authorized 
to permanently disqualify an employer from uti-
lizing the H–2A program upon a subsequent 
finding involving willful or multiple material 
violations. 
‘‘(E) DISPOSITION
OF
PENALTIES.—Civil 
penalties collected under this paragraph shall be 
deposited into the H–2A Labor Certification 
Fee Account established under section 203 of 
the Farm Workforce Modernization Act of 
2019. 
‘‘(3) STATUTORY CONSTRUCTION.—Nothing in 
this subsection may be construed as limiting the au-
thority of the Secretary of Labor to conduct an in-
vestigation— 
‘‘(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 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 
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employee, including a former employee or an appli-
cant for employment, because the employee— 
‘‘(A) has disclosed information to the em-
ployer, or to any other person, that the em-
ployee reasonably believes evidences a violation 
under this section, or any rule or regulation re-
lating 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 
Secretary of Labor, in consultation with the Sec-
retary of Homeland Security, Secretary of State and 
the Equal Employment Opportunity Commission, 
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shall establish mechanisms by which the agencies 
and their components share information, including 
by public electronic means, regarding complaints, 
studies, investigations, findings and remedies regard-
ing compliance by employers with the requirements 
of the H–2A program and other employment-related 
laws and regulations. 
‘‘(n) DEFINITIONS.—In this section: 
‘‘(1) DISPLACE.—The term ‘displace’ means to 
lay off a similarly employed United States worker, 
other than for lawful job-related reasons, in the oc-
cupation and area of intended employment for the 
job for which H–2A workers are sought. 
‘‘(2) H–2A WORKER.—The term ‘H–2A worker’ 
means 
a 
nonimmigrant 
described 
in 
section 
101(a)(15)(H)(ii)(a). 
‘‘(3) JOB ORDER.—The term ‘job order’ means 
the document containing the material terms and 
conditions of employment, including obligations and 
assurances required under this section or any other 
law. 
‘‘(4) ONLINE JOB REGISTRY.—The term ‘online 
job registry’ means the online job registry of the 
Secretary of Labor required under section 201(b) of 
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the Farm Workforce Modernization Act of 2019 (or 
similar successor registry). 
‘‘(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 unauthor-
ized 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.— 
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‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security shall impose a fee to proc-
ess petitions under this section. Such fee shall 
be set at a level that is sufficient to recover the 
reasonable costs of processing the petition, in-
cluding 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 exami-
nations fee account in section 286(m), except 
that the portion of fees assessed for the Sec-
retary of Labor shall be deposited into the H– 
2A Labor Certification Fee Account established 
pursuant to section 203(c) of the Farm Work-
force Modernization Act of 2019 . 
‘‘(2) APPROPRIATIONS.—There are authorized 
to be appropriated for each fiscal year such sums as 
necessary for the purposes of— 
‘‘(A) recruiting United States workers for 
labor or services which might otherwise be per-
formed by H–2A workers, including by ensuring 
that State workforce agencies are sufficiently 
funded to fulfill their functions under this sec-
tion; 
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‘‘(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 du-
ties and responsibilities under this section.’’. 
SEC. 203. AGENCY ROLES AND RESPONSIBILITIES. 
(a) RESPONSIBILITIES
OF
THE
SECRETARY
OF 
LABOR.—With respect to the administration of the H–2A 
program, the Secretary of Labor shall be responsible for— 
(1) consulting with State workforce agencies 
to— 
(A) review and process job orders; 
(B) facilitate the recruitment and referral 
of able, willing and qualified United States 
workers who will be available at the time and 
place needed; 
(C) determine prevailing wages and prac-
tices; and 
(D) conduct timely inspections to ensure 
compliance with applicable Federal, State, or 
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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 of the Immigration and Na-
tionality Act (8 U.S.C. 1188); 
(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)); 
(6) referring any matter as appropriate to the 
Inspector General of the Department of Labor for 
investigation; 
(7) ensuring that guidance to State workforce 
agencies to conduct wage surveys is regularly up-
dated; and 
(8) issuing such rules and regulations as are 
necessary to carry out the Secretary of Labor’s re-
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sponsibilities under section 218 of the Immigration 
and Nationality Act (8 U.S.C. 1188). 
(b) RESPONSIBILITIES
OF
THE
SECRETARY
OF 
HOMELAND SECURITY.—With respect to the administra-
tion of the H–2A program, the Secretary of Homeland Se-
curity shall be responsible for— 
(1) adjudicating petitions for the admission of 
H–2A workers, which shall include an assessment as 
to whether each beneficiary will be employed in ac-
cordance with the terms and conditions of the cer-
tification and whether any named beneficiaries qual-
ify 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; 
(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; 
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(4) investigating and preventing fraud in the 
program, including the utilization of H–2A workers 
for other than allowable agricultural labor or serv-
ices; and 
(5) issuing such rules and regulations as are 
necessary to carry out the Secretary of Homeland 
Security’s responsibilities under section 218 of the 
Immigration and Nationality Act (8 U.S.C. 1188). 
(c) ESTABLISHMENT
OF ACCOUNT
AND USE
OF 
FUNDS.— 
(1) ESTABLISHMENT OF ACCOUNT.—There is 
established in the general fund of the Treasury a 
separate account, which shall be known as the ‘‘H– 
2A Labor Certification Fee Account’’. Notwith-
standing any other provisions of law, there shall be 
deposited as offsetting receipts into the account all 
amounts— 
(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 
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available (except as otherwise provided in this para-
graph) without fiscal year limitation and without the 
requirement for specification in appropriations Acts 
to the Secretary of Labor for use, directly or 
through grants, contracts, or other arrangements, in 
such amounts as the Secretary of Labor determines 
are necessary for the costs of Federal and State ad-
ministration in carrying out activities in connection 
with labor certification under section 218 of the Im-
migration and Nationality Act. Such costs may in-
clude personnel salaries and benefits, equipment and 
infrastructure for adjudication and customer service 
processes, the operation and maintenance of an on- 
line job registry, and program integrity activities. 
The Secretary, in determining what amounts to 
transfer to States for State administration in car-
rying out activities in connection with labor certifi-
cation under section 218 of the Immigration and 
Nationality Act shall consider the number of H–2A 
workers employed in that State and shall adjust the 
amount transferred to that State accordingly. In ad-
dition, 10 percent of the amounts deposited into the 
H–2A Labor Certification Fee Account shall be 
available to the Office of Inspector General of the 
Department of Labor to conduct audits and criminal 
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investigations relating to such foreign labor certifi-
cation 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, includ-
ing section 218(o)(2) of the Immigration and Na-
tionality 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 employ-
ment. 
(b) APPLICABILITY OF OTHER LAWS.— 
(1) MIGRANT
AND
SEASONAL
AGRICULTURAL 
WORKER PROTECTION ACT.—H–2A workers shall be 
considered migrant agricultural workers for purposes 
of the Migrant and Seasonal Agricultural Worker 
Protection Act (29 U.S.C. 1801 et seq.). 
(2) WAIVER OF RIGHTS PROHIBITED.—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 
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policy except as provided in a collective bargaining 
agreement with a bona fide labor organization. 
(3) MEDIATION.— 
(A) FREE
MEDIATION
SERVICES.—The 
Federal Mediation and Conciliation Service 
shall be available to assist in resolving disputes 
arising under this section between H–2A work-
ers 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 request with the Federal Mediation and Con-
ciliation 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 
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within the period specified in subparagraph 
(D), except that nothing in this paragraph shall 
limit the ability of a court to order preliminary 
injunctive relief to protect health and safety or 
to otherwise prevent irreparable harm. 
(D) 90-DAY
LIMIT.—The Federal Medi-
ation and Conciliation Service may conduct me-
diation or other nonbinding dispute resolution 
activities for a period not to exceed 90 days be-
ginning on the date on which the Federal Medi-
ation and Conciliation Service receives a request 
for assistance 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 
Service, such sums as may be necessary for 
each fiscal year to carry out this subpara-
graph. 
(ii) 
MEDIATION.—Notwithstanding 
any other provision of law, the Director of 
the Federal Mediation and Conciliation 
Service is authorized— 
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(I) to conduct the mediation or 
other dispute resolution activities from 
any other account containing amounts 
available to the Director; and 
(II) to reimburse such account 
with amounts appropriated pursuant 
to clause (i). 
(F) PRIVATE
MEDIATION.—If all parties 
agree, a private mediator may be employed as 
an alternative to the Federal Mediation and 
Conciliation Service. 
(c) FARM LABOR CONTRACTOR REQUIREMENTS.— 
(1) SURETY BONDS.— 
(A) REQUIREMENT.—Section 101 of the 
Migrant and Seasonal Agricultural Worker Pro-
tection 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 suf-
ficient 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-
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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 finan-
cial obligations based on the number of workers to be cov-
ered.’’. 
(B) REGISTRATION
DETERMINATIONS.— 
Section 103(a) of the Migrant and Seasonal Ag-
ricultural 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 fol-
lowing: 
‘‘(7) has failed to maintain a surety bond in 
compliance with section 101(e); or 
‘‘(8) has been disqualified by the Secretary of 
Labor from importing nonimmigrants described in 
section 101(a)(15)(H)(ii) of the Immigration and 
Nationality Act.’’. 
(2) SUCCESSORS IN INTEREST.— 
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(A) DECLARATION.—Section 102 of the 
Migrant and Seasonal Agricultural Worker Pro-
tection 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 
familial, contractual, or employment relationship 
with, or shares vehicles, facilities, property, or em-
ployees with, a person who has been refused 
issuance or renewal of a certificate, or has had a 
certificate suspended or revoked, pursuant to section 
103.’’. 
(B) REBUTTABLE PRESUMPTION.—Section 
103 of the Migrant and Seasonal Agricultural 
Worker Protection Act (29 U.S.C. 1813), as 
amended by this Act, is further amended by in-
serting after subsection (a) the following new 
subsection (and by redesignating the subse-
quent subsections accordingly): 
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‘‘(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 
revoked; 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 satisfac-
tion that the applicant is the real party in interest in the 
application.’’. 
SEC. 205. REPORT ON WAGE PROTECTIONS. 
(a) Not later than 3 years after the date of the enact-
ment of this Act, and every 3 years thereafter, the Sec-
retary 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 ad-
dresses— 
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(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 op-
portunities 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 
region and farm size; 
(3) whether any potential impact of the adverse 
effect wage rate varies based on the percentage of 
workers in a geographic region that are H–2A 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 
factors 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 
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farms to compete with agricultural commodities im-
ported from outside the United States; 
(7) the number and percentage of farmworkers 
in the United States whose incomes are below the 
poverty line; 
(8) whether alternative wage standards would 
be sufficient to prevent wages in occupations in 
which H–2A workers are employed from falling 
below the wage level that would have prevailed in the 
absence of the H–2A program; 
(9) whether any changes are warranted in the 
current methodologies for calculating the adverse ef-
fect wage rate and the prevailing wage; and 
(10) recommendations for future wage protec-
tion 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 ag-
ricultural 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 
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the Secretary of Labor and Secretary of Agriculture, 
shall establish through regulation a 6-year pilot pro-
gram to facilitate the free movement and employ-
ment of temporary or seasonal H–2A workers to 
perform agricultural labor or services for agricul-
tural employers registered with the Secretary of Ag-
riculture. Notwithstanding the requirements of sec-
tion 218 of the Immigration and Nationality Act, 
such regulation shall establish the requirements for 
the pilot program, consistent with subsection (b). 
For purposes of this section, such a worker shall be 
referred to as a portable H–2A worker, and status 
as such a worker shall be referred to as portable H– 
2A status. 
(2) ONLINE
PLATFORM.—The Secretary of 
Homeland Security, in consultation with the 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 tem-
porary 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 antici-
pated period or periods of need, and the terms and 
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conditions of employment. Such platform shall allow 
portable H–2A workers to search for available job 
opportunities using relevant criteria, including the 
types of jobs needed to be filled and the dates and 
locations of need. 
(3) 
LIMITATION.—Notwithstanding 
the 
issuance of the regulation described in paragraph 
(1), the Secretary of State may not issue a portable 
H–2A visa and the Secretary of Homeland Security 
may not confer portable H–2A status on any alien 
until the Secretary of Homeland Security, in con-
sultation with the Secretary of Labor and Secretary 
of Agriculture, has determined that a sufficient 
number of employers have been designated as reg-
istered agricultural employers under subsection 
(b)(1) and that such employers have sufficient job 
opportunities to employ a reasonable number of 
portable H–2A workers to initiate the pilot program. 
(b) PILOT PROGRAM ELEMENTS.—The pilot program 
in subsection (a) shall contain the following elements: 
(1) 
REGISTERED
AGRICULTURAL
EMPLOY-
ERS.— 
(A) DESIGNATION.—Agricultural employ-
ers shall be provided the ability to seek designa-
tion as registered agricultural employers. Rea-
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HR 5038 RFS
sonable fees may be assessed commensurate 
with the cost of processing applications for des-
ignation. A designation shall be valid for a pe-
riod of up to 3 years unless revoked for failure 
to comply with program requirements. Reg-
istered employers that comply with program re-
quirements may apply to renew such designa-
tion for additional periods of up to 3 years for 
the duration of the pilot program. 
(B) LIMITATIONS.—Registered agricultural 
employers may employ aliens with portable H– 
2A status without filing a petition. Such 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 reg-
istered agricultural employer shall provide, at 
no cost to the worker, insurance covering injury 
and disease arising out of, and in the course of, 
the worker’s employment, which will provide 
benefits at least equal to those provided under 
the State workers’ compensation law. 
(2) DESIGNATED WORKERS.— 
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(A) IN
GENERAL.—Individuals who have 
been previously admitted to the United States 
in H–2A status, and maintained such status 
during the period of admission, shall be pro-
vided the opportunity to apply for portable H– 
2A status. Portable H–2A workers shall be sub-
ject to the provisions on visa validity and peri-
ods of authorized stay and admission for H–2A 
workers described in paragraphs (2) and (3) of 
section 218(j) of the Immigration and Nation-
ality Act (8 U.S.C. 1188(j)(2) and (3)). 
(B) LIMITATIONS
ON
AVAILABILITY
OF 
PORTABLE H–2A STATUS.— 
(i) INITIAL OFFER OF EMPLOYMENT 
REQUIRED.—No alien may be granted 
portable H–2A status without an initial 
valid offer of employment to perform tem-
porary or agricultural labor or services 
from a registered agricultural employer. 
(ii) NUMERICAL
LIMITATIONS.—The 
total number of aliens who may hold valid 
portable H–2A status at any one time may 
not exceed 10,000. Notwithstanding such 
limitation, the Secretary of Homeland Se-
curity may further limit the number of 
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aliens with valid portable H–2A status if 
the Secretary determines that there are an 
insufficient number of registered agricul-
tural employers or job opportunities to 
support the employment of all such port-
able 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 agri-
cultural employer pursuant to paragraph (1). 
An employment arrangement under this section 
may be terminated by either the portable H–2A 
worker or the registered agricultural employer 
at any time. 
(D) TRANSFER TO NEW EMPLOYMENT.— 
At the cessation of employment with a reg-
istered agricultural employer, a portable H–2A 
worker shall have 60 days to secure new em-
ployment with a registered agricultural em-
ployer. 
(E) MAINTENANCE OF STATUS.—A port-
able H–2A worker who does not secure new em-
ployment with a registered agricultural em-
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ployer within 60 days shall be considered to 
have failed to maintain such status and shall 
depart the United States or be subject to re-
moval under section 237(a)(1)(C)(i) of the Im-
migration and Nationality Act (8 U.S.C. 
1188(a)(1)(C)(i)). 
(3) ENFORCEMENT.—The Secretary of Labor 
shall be responsible for conducting investigations 
and random audits of employers to ensure compli-
ance with the employment-related requirements of 
this section, consistent with section 218(m) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1188(m)). The Secretary of Labor shall have the au-
thority to collect reasonable civil penalties for viola-
tions, 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 Sec-
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retary of Homeland Security, in consultation with the Sec-
retary of Labor and the Secretary of Agriculture, shall 
prepare and submit to the Committees on the Judiciary 
of the House of Representatives and the Senate, a report 
that provides— 
(1) the number of employers designated as 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 
number of such individuals who maintained portable 
H–2A status during all or a portion of the 3-year 
period of the pilot program; 
(4) an assessment of the impact of the pilot 
program on the wages and working conditions of 
United States farm workers; 
(5) the results of a survey of individuals grant-
ed 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; 
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(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 technology to match workers with employers 
and ensure compliance with applicable labor and em-
ployment 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 in-
serting ‘‘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)— 
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(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— 
‘‘(I) are capable of performing 
unskilled labor, not of a temporary or 
seasonal nature, for which qualified 
workers are not available in the 
United States; or 
‘‘(II) can demonstrate 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 
WORKERS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clauses (ii) and (iii), 50,000 of the 
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visas made available under this paragraph 
shall be reserved for qualified immigrants 
described in subparagraph (A)(iii). 
‘‘(ii) PREFERENCE
FOR
AGRICUL-
TURAL WORKERS.—Subject to clause (iii), 
not less than four-fifths of the visas de-
scribed in clause (i) shall be reserved for— 
‘‘(I) qualified immigrants de-
scribed in subparagraph (A)(iii)(I) 
who will be performing agricultural 
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 
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issued without regard to the numerical lim-
itation under section 202(a)(2).’’; and 
(C) by amending subparagraph (C) by 
striking ‘‘An immigrant visa’’ and inserting 
‘‘Except for qualified immigrants petitioning for 
classification under subparagraph (A)(iii)(II), 
an immigrant visa’’; 
(4) in paragraph (4), by striking ‘‘7.1 percent 
of such worldwide level’’ and inserting ‘‘9,940’’; and 
(5) in paragraph (5)(A), in the matter before 
clause (i), by striking ‘‘7.1 percent of such world-
wide 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 Immigra-
tion 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 sub-
clause (b1), or (ii)(a) of section 101(a)(15)(H)’’. 
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Subtitle B—Preservation and Con-
struction of Farmworker Hous-
ing 
SEC. 220. SHORT TITLE. 
This subtitle may be cited as the ‘‘Strategy and In-
vestment 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: 
‘‘SEC. 545. HOUSING PRESERVATION AND REVITALIZATION 
PROGRAM. 
‘‘(a) ESTABLISHMENT.—The Secretary shall carry 
out a program under this section for the preservation and 
revitalization of multifamily rental housing projects fi-
nanced under section 515 or both sections 514 and 516. 
‘‘(b) NOTICE OF MATURING LOANS.— 
‘‘(1) TO
OWNERS.—On an annual basis, the 
Secretary shall provide written notice to each owner 
of a property financed under section 515 or both 
sections 514 and 516 that will mature within the 4- 
year period beginning upon the provision of such no-
tice, setting forth the options and financial incen-
tives that are available to facilitate the extension of 
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the loan term or the option to decouple a rental as-
sistance contract 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 in-
forms them of the date of the loan maturity, 
the possible actions that may happen with re-
spect to the property upon such maturity, and 
how to protect their right to reside in Federally 
assisted housing after such maturity. 
‘‘(B) LANGUAGE.—Notice under this 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 ex-
isting housing loans, as the Secretary considers appro-
priate, for the purpose of ensuring that such projects have 
sufficient resources to preserve the projects to provide safe 
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and affordable housing for low-income residents and farm 
laborers, by— 
‘‘(1) reducing or eliminating interest; 
‘‘(2) deferring loan payments; 
‘‘(3) subordinating, reducing, or reamortizing 
loan debt; and 
‘‘(4) providing other financial assistance, in-
cluding advances, payments, and incentives (includ-
ing the ability of owners to obtain reasonable re-
turns on investment) required by the Secretary. 
‘‘(d) RENEWAL OF RENTAL ASSISTANCE.—When the 
Secretary offers to restructure a loan pursuant to sub-
section (c), the Secretary shall offer to renew the rental 
assistance contract under section 521(a)(2) for a 20-year 
term that is subject to annual appropriations, provided 
that the owner agrees to bring the property up to such 
standards that will ensure its maintenance as decent, safe, 
and sanitary housing for the full term of the rental assist-
ance contract. 
‘‘(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 ac-
cordance with this title. 
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‘‘(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 restruc-
tured loan for the project. 
‘‘(B) EXTENSION OF RENTAL ASSISTANCE 
CONTRACT.—If the Secretary enters into a 20- 
year extension of the rental assistance contract 
for a project, the term of the restrictive use 
agreement for the project shall be for 20 years. 
‘‘(C) TERMINATION.—The Secretary may 
terminate the 20-year use restrictive use 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 matur-
ing loan for a project cannot reasonably be restruc-
tured in accordance with subsection (c) and the 
project was operating with rental assistance under 
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section 521, the Secretary may renew the rental as-
sistance contract, notwithstanding any provision of 
section 521, for a term, subject to annual appropria-
tions, 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 con-
tinue to maintain the project as decent, safe and 
sanitary housing and to operate the development in 
accordance with this title, except that rents shall be 
based on the lesser of— 
‘‘(A) the budget-based needs of the project; 
or 
‘‘(B) the operating cost adjustment factor 
as a payment standard as provided under sec-
tion 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 
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to facilitate the acquisition of such multifamily housing 
properties in areas where the Secretary determines there 
is a risk of loss of affordable housing. 
‘‘(h) TRANSFER OF RENTAL ASSISTANCE.—After the 
loan or loans for a rental project originally financed under 
section 515 or both sections 514 and 516 have matured 
or have been prepaid and the owner has chosen not to 
restructure the loan pursuant to subsection (c), a tenant 
residing in such project shall have 18 months prior to loan 
maturation or prepayment to transfer the rental assist-
ance assigned to the tenant’s unit to another rental project 
originally financed under section 515 or both sections 514 
and 516, and the owner of the initial project may rent 
the tenant’s previous unit to a new tenant without income 
restrictions. 
‘‘(i) ADMINISTRATIVE EXPENSES.—Of any amounts 
made available for the program under this section for any 
fiscal year, the Secretary may use not more than 
$1,000,000 for administrative expenses for carrying out 
such program. 
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated for the program under 
this section $200,000,000 for each of fiscal years 2020 
through 2024.’’. 
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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 pro-
vide rural housing vouchers under this section for any low- 
income household (including those not receiving rental as-
sistance) residing, for a term longer than the remaining 
term of their lease in effect just prior to prepayment, in 
a property financed with a loan made or insured under 
section 514 or 515 (42 U.S.C. 1484, 1485) which has 
been prepaid without restrictions imposed by the Secretary 
pursuant to section 502(c)(5)(G)(ii)(I) (42 U.S.C. 
1472(c)(5)(G)(ii)(I)), has been foreclosed, or has matured 
after September 30, 2005, or residing in a property as-
sisted under section 514 or 516 that is owned by a non-
profit organization or public agency.’’. 
SEC. 223. AMOUNT OF VOUCHER ASSISTANCE. 
Notwithstanding any other provision of law, in the 
case of any rural housing voucher provided pursuant to 
section 542 of the Housing Act of 1949 (42 U.S.C. 
1490r), the amount of the monthly assistance payment for 
the household on whose behalf such assistance is provided 
shall be determined as provided in subsection (a) of such 
section 542. 
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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 sub-
paragraph (A) the following new subparagraph (and 
by redesignating the subsequent subparagraphs ac-
cordingly): 
‘‘(B) upon request of an owner of a project fi-
nanced under section 514 or 515, the Secretary is 
authorized to enter into renewal of such agreements 
for a period of 20 years or the term of the loan, 
whichever is shorter, subject to amounts made avail-
able in appropriations Acts;’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(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 pe-
riod 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 unas-
sisted family that— 
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‘‘(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.’’. 
SEC. 225. FUNDING FOR MULTIFAMILY TECHNICAL IM-
PROVEMENTS. 
There is authorized to be appropriated to the Sec-
retary of Agriculture $50,000,000 for fiscal year 2020 for 
improving the technology of the Department of Agri-
culture 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 re-
main 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 
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plan to the Congress, not later than the expiration of the 
6-month period beginning on the date of the enactment 
of this Act, for preserving the affordability for low-income 
families of rental projects for which loans were made 
under section 515 or made to nonprofit or public agencies 
under section 514 and avoiding the displacement of tenant 
households, which shall— 
(1) set forth specific performance goals and 
measures; 
(2) set forth the specific actions and mecha-
nisms by which such goals will be achieved; 
(3) set forth specific measurements by which 
progress towards achievement of each goal can be 
measured; 
(4) provide for detailed reporting on outcomes; 
and 
(5) include any legislative recommendations to 
assist in achievement of the goals under the plan. 
(b) ADVISORY COMMITTEE.— 
(1) ESTABLISHMENT; 
PURPOSE.—The Sec-
retary 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 
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program under section 545 and in implementing the 
plan required under subsection (a). 
(2) MEMBER.—The advisory committee shall 
consist of 16 members, appointed by the Secretary, 
as follows: 
(A) A State Director of Rural Develop-
ment for the Department of Agriculture. 
(B) The Administrator for Rural Housing 
Service of the Department of Agriculture. 
(C) Two representatives of for-profit devel-
opers or owners of multifamily rural rental 
housing. 
(D) Two representatives of non-profit de-
velopers or owners of multifamily rural rental 
housing. 
(E) Two representatives of State housing 
finance agencies. 
(F) Two representatives of tenants of mul-
tifamily 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. 
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(H) One representative of a nonprofit or-
ganization that operates nationally and has ac-
tively participated in the preservation of hous-
ing assisted by the Rural Housing Service by 
conducting 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. 
(J) One representative of regulated finan-
cial institutions that finance affordable multi-
family rural rental housing developments. 
(K) Two representatives from non-profit 
organizations representing farmworkers, includ-
ing 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 
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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 
Preservation and Revitalization Demonstration 
program (MPR), and the rental assistance pro-
gram and making recommendations regarding 
improvements and modifications to such policies 
and procedures. 
(C) Providing ongoing review of Rural 
Housing Service program results. 
(D) Providing reports to the Congress and 
the public on meetings, recommendations, and 
other findings of the advisory committee. 
(5) TRAVEL COSTS.—Any amounts made avail-
able for administrative costs of the Department of 
Agriculture may be used for costs of travel by mem-
bers of the advisory committee to meetings of the 
committee. 
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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 
assistance provided by the Secretary of Agri-
culture pursuant to section 542 of the Housing 
Act of 1949 (42 U.S.C. 1490r), without regard 
to subsection (b) of such section, and applicable 
appropriation Acts; and’’. 
SEC. 228. NEW FARMWORKER HOUSING. 
Section 513 of the Housing Act of 1949 (42 U.S.C. 
1483) is amended by adding at the end the following new 
subsection: 
‘‘(f) FUNDING FOR FARMWORKER HOUSING.— 
‘‘(1) SECTION
514
FARMWORKER
HOUSING 
LOANS.— 
‘‘(A) INSURANCE
AUTHORITY.—The Sec-
retary of Agriculture may, to the extent ap-
proved in appropriation Acts, insure loans 
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under section 514 (42 U.S.C. 1484) during 
each of fiscal years 2020 through 2029 in an 
aggregate amount not to exceed $200,000,000. 
‘‘(B) AUTHORIZATION OF APPROPRIATIONS 
FOR COSTS.—There is authorized to be 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 pursuant the authority under subpara-
graph (A). 
‘‘(2) SECTION 516 GRANTS FOR FARMWORKER 
HOUSING.—There is authorized to be appropriated 
$30,000,000 for each of fiscal years 2020 through 
2029 for financial assistance under section 516 (42 
U.S.C. 1486). 
‘‘(3) SECTION
521
HOUSING
ASSISTANCE.— 
There 
is 
authorized 
to 
be 
appropriated 
$2,700,000,000 for each of fiscal years 2020 
through 2029 for rental assistance agreements en-
tered into or renewed pursuant to section 521(a)(2) 
(42 U.S.C. 1490a(a)(2)) or agreements entered into 
in lieu of debt forgiveness or payments for eligible 
households as authorized by section 502(c)(5)(D).’’. 
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SEC. 229. LOAN AND GRANT LIMITATIONS. 
Section 514 of the Housing Act of 1949 (42 U.S.C. 
1484) is amended by adding at the end the following: 
‘‘(j) PER PROJECT LIMITATIONS ON ASSISTANCE.— 
If the Secretary, in making available assistance in any 
area under this section or section 516 (42 U.S.C. 1486), 
establishes a limitation on the amount of assistance avail-
able per project, the limitation on a grant or loan award 
per project shall not be less than $5 million.’’. 
SEC. 230. OPERATING ASSISTANCE SUBSIDIES. 
Subsection (a)(5) of section 521 of the Housing Act 
of 1949 (42 U.S.C. 1490a(a)(5)) is amended— 
(1) in subparagraph (A) by inserting ‘‘or do-
mestic farm labor legally admitted to the United 
States and authorized to work in agriculture’’ after 
‘‘migrant farmworkers’’; 
(2) in subparagraph (B)— 
(A) by striking ‘‘AMOUNT.—In any fiscal 
year’’ and inserting ‘‘AMOUNT.— 
‘‘(i) HOUSING
FOR
MIGRANT
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 
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provided under this paragraph for any 
project providing housing for domestic 
farm labor legally admitted to the United 
States and authorized to work in agri-
culture shall not exceed an amount equal 
to 50 percent of the operating costs for the 
project for the year, as determined by the 
Secretary. The owner of such project shall 
not qualify for operating assistance unless 
the Secretary certifies that the project was 
unoccupied or underutilized before making 
units available to such farm labor, and 
that a grant under this section will not dis-
place any farm worker who is a United 
States worker.’’; and 
(3) in subparagraph (D), by adding at the end 
the following: 
‘‘(iii) The term ‘domestic farm labor’ has 
the same meaning given such term in section 
514(f)(3) (42 U.S.C. 1484(f)(3)), except that 
subparagraph (A) of such section shall not 
apply for purposes this section.’’. 
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SEC. 231. ELIGIBILITY OF CERTIFIED WORKERS. 
Subsection (a) of section 214 of the Housing and 
Community Development Act of 1980 (42 U.S.C. 1436a) 
is amended— 
(1) in paragraph (6), by striking ‘‘or’’ at the 
end; 
(2) by redesignating paragraph (7) as 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 
available pursuant to section 521 or 542 of the 
Housing Act of 1949 (42 U.S.C. 1490a, 1490r); 
or’’. 
Subtitle C—Foreign Labor 
Recruiter Accountability 
SEC. 251. REGISTRATION OF FOREIGN LABOR RECRUITERS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary of Labor, 
in consultation with the Secretary of State and the Sec-
retary of Homeland Security, shall establish procedures 
for the electronic registration of foreign labor recruiters 
engaged in the recruitment of nonimmigrant workers de-
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scribed in section 101(a)(15)(H)(ii)(a) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) to 
perform agricultural labor or services in the United States. 
(b) PROCEDURAL REQUIREMENTS.—The procedures 
described in subsection (a) shall— 
(1) require the applicant to submit a sworn dec-
laration— 
(A) stating the applicant’s permanent 
place of residence or principal place of business, 
as applicable; 
(B) describing the foreign labor recruiting 
activities in which the applicant is engaged; and 
(C) including such other relevant informa-
tion as the Secretary of Labor and the Sec-
retary 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 for-
eign labor recruiters who have allegedly engaged in 
a foreign labor recruiting activity that is prohibited 
under this subtitle; 
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(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 deter-
mination 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 
Federal agencies to determine whether any reason 
exists to deny registration to a foreign labor re-
cruiter or revoke 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. 
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(2) PROHIBITION ON FALSE AND MISLEADING 
INFORMATION.—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 lan-
guage of the worker at the time of the worker’s re-
cruitment, the following information: 
(A) The identity and address of the em-
ployer and the identity and address of the per-
son conducting the recruiting on behalf of the 
employer, including each subcontractor or agent 
involved in such recruiting. 
(B) A copy of the approved job order or 
work contract under section 218 of the Immi-
gration 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; 
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(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 af-
forded the worker under this subtitle, in-
cluding procedures for reporting violations 
to the Secretary of State, filing a com-
plaint with the Secretary of Labor, or fil-
ing a civil action; and 
(iv) describing the protections af-
forded the worker by section 202 of the 
William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 
U.S.C. 1375b), including the telephone 
number for the national human trafficking 
resource center hotline number. 
(4) BOND.—The foreign labor recruiter shall 
agree to maintain a bond sufficient to ensure the 
ability of the foreign labor recruiter to discharge its 
responsibilities and ensure protection of workers, 
and to forfeit such bond in an amount determined 
by the Secretary under subsections (b)(1)(C)(ii) or 
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(c)(2)(C) of section 252 for failure to comply with 
the provisions of this subtitle. 
(5) COOPERATION
IN
INVESTIGATION.—The 
foreign labor recruiter shall agree to cooperate in 
any investigation under section 252 of this subtitle 
by the Secretary or other appropriate authorities. 
(6) NO RETALIATION.—The foreign labor re-
cruiter shall agree to refrain from intimidating, 
threatening, 
restraining, 
coercing, 
discharging, 
blacklisting or in any other manner discriminating 
or retaliating against any worker or their family 
members (including a former worker or an applicant 
for employment) because such worker disclosed in-
formation to any person based on a reason to believe 
that the foreign labor recruiter, or any agent or sub-
contractee of such foreign labor recruiter, is engag-
ing or has engaged in a foreign labor recruiting ac-
tivity 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. 
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(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 
revoked, a registration under this section shall be valid 
for 2 years. 
(e) APPLICATION FEE.—The Secretary shall require 
a foreign labor recruiter that submits an application for 
registration under this section to pay a reasonable fee, suf-
ficient to cover the full costs of carrying out the registra-
tion 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 re-
cruiters engaged to perform foreign labor re-
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cruiting activity on behalf of the employer, 
whether the foreign labor recruiter is to receive 
any economic compensation for such services, 
and, if so, the identity of the person or entity 
who is paying for the services. 
(B) AGREEMENT TO COOPERATE.—In ad-
dition 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 en-
gaging in foreign labor recruiting activities 
that do not comply with this subtitle; and 
(ii) promptly respond to any request 
by the Secretary for information regarding 
the identity of a foreign labor recruiter 
with whom the employer has a contract or 
other agreement. 
(2) FOREIGN
LABOR
RECRUITER
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 foreign labor recruiting activity for, or on behalf 
of, the foreign labor recruiter. 
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(g) ADDITIONAL RESPONSIBILITIES OF THE SEC-
RETARY OF STATE.— 
(1) LISTS.—The Secretary of State, in con-
sultation with the Secretary of Labor shall maintain 
and make publicly available in written form and on 
the websites of United States embassies in the offi-
cial language of that country, and on websites main-
tained 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 for-
eign labor recruiter; 
(ii) the countries in which such re-
cruiters conduct recruitment; 
(iii) the employers for whom recruit-
ing is conducted; 
(iv) the occupations that are the sub-
ject 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 
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authorized to accept service of process on 
behalf 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) of the Immigration and Nation-
ality 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); 
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(B) ensure that the applicant has a copy of 
the approved job offer or work contract; 
(C) note in the visa application file wheth-
er the foreign labor recruiter has a valid reg-
istration 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 
described in section 101(a)(15)(H)(ii)(a) of the Im-
migration 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— 
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(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. 
(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.— 
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(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 ear-
lier 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 con-
duct. 
(B) DECISION
AND
PENALTIES.—If the 
Secretary of Labor finds, after notice and an 
opportunity for a hearing, that a foreign labor 
recruiter failed to comply with any of the re-
quirements 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 
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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 reg-
istration, 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 
assure compliance with the terms and conditions of 
this subtitle. 
(3) STATUTORY
CONSTRUCTION.—Nothing in 
this subsection may be construed as limiting the au-
thority of the Secretary of Labor to conduct an in-
vestigation— 
(A) under any other law, including any law 
affecting migrant and seasonal agricultural 
workers; or 
(B) in the absence of a complaint. 
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(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 IN-
DIVIDUAL.— 
(A) IN GENERAL.—If the court finds in a 
civil action filed by an individual under this sec-
tion that the defendant has violated any provi-
sion of this subtitle, the court may award— 
(i) damages, up to and including an 
amount equal to the amount of actual 
damages, and statutory damages of up to 
$1,000 per plaintiff per violation, or other 
equitable relief, except that with respect to 
statutory damages— 
(I) multiple infractions of a sin-
gle provision of this subtitle (or of a 
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regulation under this subtitle) shall 
constitute only one violation for pur-
poses 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-
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 subparagraph (A), the court is author-
ized to consider whether an attempt was made 
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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 receipts into the account, all sums 
recovered in an action by the Secretary of 
Labor under this subsection. 
(B) USE OF FUNDS.—Amounts deposited 
into the H–2A Foreign Labor Recruiter 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 re-
main available to the Secretary until expended. 
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The Secretary may transfer all or a portion of 
such remaining sums to appropriate agencies to 
support the enforcement of the laws prohibiting 
the trafficking and exploitation of persons or 
programs that aid trafficking victims. 
(d) EMPLOYER SAFE HARBOR.— 
(1) IN
GENERAL.—An employer that hires 
workers referred by a foreign labor recruiter with a 
valid registration at the time of hiring shall not be 
held jointly liable for a violation committed solely by 
a foreign labor recruiter under this subtitle— 
(A) in any administrative action initiated 
by the Secretary concerning such violation; or 
(B) in any Federal or State civil court ac-
tion filed against the foreign labor recruiter by 
or on behalf of such workers or other aggrieved 
party under this subtitle. 
(2) CLARIFICATION.—Nothing in this subtitle 
shall be construed to prohibit an aggrieved party or 
parties from bringing a civil action for violations of 
this subtitle or any other Federal or State law 
against any employer who hired workers referred by 
a foreign labor recruiter— 
(A) without a valid registration at the time 
of hire; or 
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(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 Se-
curity 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 recruit-
ers shall be subject to the provisions of this section for 
violations committed by the foreign labor recruiter’s 
agents or subcontractees of any level in relation to their 
foreign labor recruiting activity to the same extent as if 
the foreign labor recruiter had committed the violation. 
SEC. 253. APPROPRIATIONS. 
There is authorized to be appropriated such sums as 
may be necessary for the Secretary of Labor and Secretary 
of State to carry out the provisions of this subtitle. 
SEC. 254. DEFINITIONS. 
For purposes of this subtitle: 
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(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 
promised to be paid, to recruit individuals to work 
as nonimmigrant workers described in section 
101(a)(15)(H)(ii)(a) of the Immigration and 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 
Government or an employer, or employee of an em-
ployer, who engages in foreign labor recruiting activ-
ity solely to find employees for that employer’s own 
use, and without the participation of any other for-
eign labor recruiter. 
(2) FOREIGN LABOR RECRUITING ACTIVITY.— 
The term ‘‘foreign labor recruiting activity’’ means 
recruiting, soliciting, or related activities with re-
spect 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 
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under section 22.1702 of title 22 of the Code of 
Federal Regulations, as in effect on the date of en-
actment 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: 
‘‘SEC. 
274E. 
REQUIREMENTS 
FOR 
THE 
ELECTRONIC 
VERIFICATION 
OF 
EMPLOYMENT 
ELIGI-
BILITY. 
‘‘(a) EMPLOYMENT ELIGIBILITY VERIFICATION SYS-
TEM.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security (referred to in this section as the ‘Sec-
retary’) shall establish and administer an electronic 
verification system (referred to in this section as the 
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‘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 be-
fore 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 
provided) to such persons or entities as evidence 
of compliance with the requirements of this sec-
tion. 
‘‘(2) INITIAL RESPONSE DEADLINE.—The Sys-
tem shall provide confirmation or a tentative non-
confirmation of an individual’s identity and employ-
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ment authorization as soon as practicable, but not 
later than 3 calendar days after the initial inquiry. 
‘‘(3) GENERAL
DESIGN
AND
OPERATION
OF 
SYSTEM.—The Secretary shall design and operate 
the System— 
‘‘(A) using responsive web design and 
other technologies to maximize its ease of use 
and accessibility for users on a variety of elec-
tronic devices and screen sizes, and in remote 
locations; 
‘‘(B) to maximize the accuracy of re-
sponses to inquiries submitted by persons or en-
tities; 
‘‘(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 
inquiry is made, including the results of such 
inquiry, and information related to the process 
for challenging the results, in cases in which the 
individual has established a user account as de-
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scribed in paragraph (4)(B) or an electronic 
mail address for the individual is submitted by 
the person or entity at the time the inquiry is 
made; and 
‘‘(F) to maintain appropriate 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 
design and operate the System with the following at-
tributes: 
‘‘(A) PHOTO MATCHING TOOL.—The Sys-
tem shall display the digital photograph of the 
individual, if any, that corresponds to the docu-
ment 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 Sys-
tem to the photograph on the document pre-
sented by the individual. 
‘‘(B) INDIVIDUAL MONITORING AND SUS-
PENSION OF IDENTIFYING INFORMATION.—The 
System shall enable individuals to establish user 
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accounts, 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 
individual’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 
personally identifying information. 
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‘‘(C) BLOCKING
MISUSED
SOCIAL
SECU-
RITY 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 
unusual multiple use in the System or that 
are otherwise suspected or determined to 
have been compromised by identity fraud 
or other misuse, shall be blocked from use 
in the System unless the individual using 
such number is able to establish, through 
secure and fair procedures, that the indi-
vidual is the legitimate holder of the num-
ber. 
‘‘(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 Sys-
tem using such account number that the 
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identity and employment authorization of 
the individual 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 sub-
paragraph (A). Such additional security meas-
ures— 
‘‘(i) shall be kept up-to-date with 
technological advances; and 
‘‘(ii) shall be designed to provide a 
high level of certainty with respect to 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 
account number or other personally identifying 
information of a minor under their care for 
purposes of the System. The Secretary may im-
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plement the program on a limited pilot basis be-
fore making it fully available to all individuals. 
‘‘(5) RESPONSIBILITIES OF THE COMMISSIONER 
OF SOCIAL SECURITY.—The Commissioner, in con-
sultation with the Secretary, shall establish a reli-
able, secure method, which, within the time periods 
specified 
in 
paragraph 
(2) 
and 
subsection 
(b)(4)(D)(i)(II), compares the name and social secu-
rity account number provided in an inquiry against 
such information maintained by the Commissioner in 
order to validate (or not validate) the information 
provided by the person or entity with respect to an 
individual whose identity and employment authoriza-
tion the person or entity seeks to confirm, the cor-
respondence of the name and number, and whether 
the individual has presented a social security ac-
count number that is not valid for employment. The 
Commissioner shall not disclose or release social se-
curity information (other than such confirmation or 
nonconfirmation) under the System except as pro-
vided under this section. 
‘‘(6) RESPONSIBILITIES OF THE SECRETARY OF 
HOMELAND SECURITY.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security shall establish a reliable, se-
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cure method, which, within the time periods 
specified in paragraph (2) and subsection 
(b)(4)(D)(i)(II), compares the name and identi-
fication or other authorization number (or any 
other information determined relevant by the 
Secretary) which are provided in an inquiry 
against 
such 
information 
maintained 
or 
accessed by the Secretary in order to validate 
(or not validate) the information provided, the 
correspondence of the name and number, and 
whether the individual is authorized to be em-
ployed 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 
identity theft, to protect privacy and assess 
System accuracy, and to preserve the integrity 
and security of the information in the System. 
‘‘(D) NOTICE OF SYSTEM CHANGES.—The 
Secretary shall provide appropriate notification 
to persons and entities registered in the System 
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of any change made by the Secretary or the 
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 Se-
curity access to passport and visa information as 
needed to confirm that a passport or passport card 
presented under subsection (b)(3)(A)(i) confirms the 
employment authorization and identity of the indi-
vidual presenting such document, and that a pass-
port, passport card, or visa photograph matches the 
Secretary of State’s records, and shall provide such 
assistance as the Secretary of Homeland Security 
may request in order to resolve tentative noncon-
firmations 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, includ-
ing instances in which it is brought to their atten-
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tion through the tentative nonconfirmation review 
process under subsection (b)(4)(D). 
‘‘(9) MANDATORY
AND
VOLUNTARY
SYSTEM 
USES.— 
‘‘(A) MANDATORY USERS.—Except as oth-
erwise provided under Federal or State law, 
such as sections 302 and 303 of the Farm 
Workforce Modernization Act of 2019, nothing 
in this section shall be construed as requiring 
the use of the System by any person or entity 
hiring, recruiting, or referring for a fee, an in-
dividual for employment in the United States. 
‘‘(B) 
VOLUNTARY
USERS.—Beginning 
after the date that is 30 days after the date on 
which final rules are published under section 
309(a) of the Farm Workforce Modernization 
Act of 2019, a person or entity may use the 
System on a voluntary basis to seek verification 
of the identity and employment authorization of 
individuals the person or entity is hiring, re-
cruiting, or referring 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, 
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an individual for employment in the United 
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 
related to the use of the System. 
‘‘(b) NEW HIRES, RECRUITMENT, AND REFERRAL.— 
Notwithstanding section 274A(b), the requirements re-
ferred 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 indi-
vidual for employment in the United States, the following: 
‘‘(1) INDIVIDUAL
ATTESTATION
OF
EMPLOY-
MENT AUTHORIZATION.—During the period begin-
ning on the date on which an offer of employment 
is accepted and ending on the date of hire, the indi-
vidual 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— 
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‘‘(A) the individual’s name and date of 
birth; 
‘‘(B) the individual’s social security ac-
count 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 Se-
curity for the alien as the Secretary may speci-
fy. 
‘‘(2) EMPLOYER
ATTESTATION
AFTER
EXAM-
INATION OF DOCUMENTS.—Not later than 3 busi-
ness 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 para-
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graph (1), that it has verified that the individual is 
not an unauthorized 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 re-
corded on the form is consistent with the docu-
ments examined. 
‘‘(3) ACCEPTABLE DOCUMENTS.— 
‘‘(A) DOCUMENTS ESTABLISHING EMPLOY-
MENT AUTHORIZATION AND IDENTITY.—A doc-
ument described in this subparagraph is an in-
dividual’s— 
‘‘(i) United States passport or pass-
port card; 
‘‘(ii) permanent resident card that 
contains a photograph; 
‘‘(iii) foreign passport containing tem-
porary evidence of lawful permanent resi-
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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 author-
ization 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 des-
ignated by the Secretary specifying the 
alien’s nonimmigrant status as long as 
such status has not yet expired and the 
proposed employment is not in conflict 
with any restrictions or limitations identi-
fied in the documentation; 
‘‘(vi) passport from the Federated 
States of Micronesia or the Republic of the 
Marshall Islands with Form I–94, Form I– 
94A, or other documentation as designated 
by the Secretary, indicating nonimmigrant 
admission under the Compact of Free As-
sociation Between the United States and 
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the Federated States of Micronesia or the 
Republic of the Marshall Islands; or 
‘‘(vii) other document designated by 
the Secretary, by notice published in the 
Federal Register, if the document— 
‘‘(I) contains a photograph of the 
individual, 
biometric 
identification 
data, and other personal identifying 
information relating to the individual; 
‘‘(II) is evidence of authorization 
for employment in the United States; 
and 
‘‘(III) contains security features 
to make it resistant to tampering, 
counterfeiting, and fraudulent use. 
‘‘(B) DOCUMENTS ESTABLISHING 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 em-
ployment in the United States); or 
‘‘(ii) a document establishing employ-
ment authorization that the Secretary de-
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termines, by notice published in the Fed-
eral Register, to be acceptable for purposes 
of this subparagraph, provided that such 
documentation 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 
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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 
CERTAIN DOCUMENTS.—If the Secretary finds 
that any document or class of documents de-
scribed 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, pro-
hibit or place conditions on the use of such doc-
ument or class of documents for purposes of 
this section. 
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‘‘(4) USE OF THE SYSTEM TO SCREEN IDEN-
TITY AND EMPLOYMENT AUTHORIZATION.— 
‘‘(A) IN GENERAL.—In the case of a per-
son or entity that uses the System for the hir-
ing, recruiting, or referring for a fee an indi-
vidual for employment in the United States, 
during the period described in subparagraph 
(B), the person or entity shall submit an in-
quiry through the System described in sub-
section (a) to seek verification of the identity 
and employment authorization of the individual. 
‘‘(B) VERIFICATION PERIOD.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), and subject to sub-
section (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 
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period shall end 3 business days after the 
alien receives the social security account 
number. 
‘‘(C) CONFIRMATION.—If a person or enti-
ty receives confirmation of an individual’s iden-
tity and employment authorization, the person 
or entity shall record such confirmation on the 
form designated by the Secretary for purposes 
of paragraph (1). 
‘‘(D) TENTATIVE NONCONFIRMATION.— 
‘‘(i) IN GENERAL.—In cases of 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 
confirmation or final nonconfirmation 
of an individual’s identity and employ-
ment authorization not later than 30 
calendar days after the Secretary re-
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ceives notice from the individual con-
testing a tentative nonconfirmation. 
‘‘(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 
penalty of perjury, that the person or enti-
ty provided (or attempted to provide) such 
notice to the individual, and the individual 
shall acknowledge receipt of such notice in 
a manner specified by the Secretary. 
‘‘(iii) NO CONTEST.— 
‘‘(I) IN
GENERAL.—A tentative 
nonconfirmation shall become final if, 
upon receiving the notice described in 
clause (ii), the individual— 
‘‘(aa) refuses to acknowledge 
receipt of such notice; 
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‘‘(bb) acknowledges in writ-
ing, in a manner specified by the 
Secretary, that the individual will 
not contest the tentative noncon-
firmation; or 
‘‘(cc) fails to contest the 
tentative nonconfirmation within 
the 10-business-day period begin-
ning on the date the individual 
received such notice. 
‘‘(II) 
RECORD
OF
NO
CON-
TEST.—The person or entity shall in-
dicate in the System that the indi-
vidual did not contest the tentative 
nonconfirmation and shall specify the 
reason the tentative nonconfirmation 
became final under subclause (I). 
‘‘(III) EFFECT OF FAILURE TO 
CONTEST.—An individual’s failure to 
contest a tentative nonconfirmation 
shall not be considered an admission 
of any fact with respect to any viola-
tion of this Act or any other provision 
of law. 
‘‘(iv) CONTEST.— 
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‘‘(I) IN GENERAL.—An individual 
may contest a tentative nonconfirma-
tion by using the tentative noncon-
firmation review process under clause 
(i), not later than 10 business days 
after receiving the notice described in 
clause (ii). Except as provided in 
clause (iii), the nonconfirmation shall 
remain tentative until a confirmation 
or final nonconfirmation is provided 
by the System. 
‘‘(II) PROHIBITION
ON
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 authoriza-
tion 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. 
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‘‘(III) CONFIRMATION OR FINAL 
NONCONFIRMATION.—The Secretary, 
in consultation with the Commis-
sioner, shall issue notice of a con-
firmation or final nonconfirmation of 
the individual’s identity and employ-
ment authorization not later than 30 
calendar days after the date the Sec-
retary receives notice from the indi-
vidual contesting the tentative non-
confirmation. 
‘‘(E) FINAL NONCONFIRMATION.— 
‘‘(i) NOTICE.—If a person or entity 
receives 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 informa-
tion regarding the individual’s right to ap-
peal the final nonconfirmation as provided 
under subparagraph (F). The person or 
entity shall attest, under penalty of per-
jury, that the person or entity provided (or 
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attempted to provide) the notice to the in-
dividual, and the individual shall acknowl-
edge receipt of such notice in a manner 
designated by the Secretary. 
‘‘(ii) TERMINATION OR NOTIFICATION 
OF CONTINUED EMPLOYMENT.—If a per-
son or entity receives a final nonconfirma-
tion regarding an individual, the person or 
entity may terminate employment of the 
individual. If the person or entity does not 
terminate such employment pending appeal 
of the final nonconfirmation, the person or 
entity shall notify the Secretary of such 
fact through the System. Failure to notify 
the Secretary in accordance with this 
clause shall be deemed a violation of sec-
tion 274A(a)(1)(A). 
‘‘(iii) PRESUMPTION
OF
VIOLATION 
FOR CONTINUED EMPLOYMENT.—If a per-
son or entity continues to employ an indi-
vidual after receipt of a final nonconfirma-
tion, there shall be a rebuttable presump-
tion that the person or entity has violated 
paragraphs (1)(A) and (a)(2) of section 
274A(a). 
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‘‘(F) APPEAL
OF
FINAL
NONCONFIRMA-
TION.— 
‘‘(i) ADMINISTRATIVE
APPEAL.—The 
Secretary, in consultation with the Com-
missioner, shall develop a process by which 
an individual may seek administrative re-
view of a final nonconfirmation. Such proc-
ess 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 
impose a civil money penalty (not to 
exceed $500) on an individual upon 
finding that an appeal was frivolous 
or filed for purposes of delay. 
‘‘(ii) 
COMPENSATION
FOR
LOST 
WAGES
RESULTING
FROM
GOVERNMENT 
ERROR OR OMISSION.— 
‘‘(I) IN GENERAL.—If, upon con-
sideration of an appeal of a final non-
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confirmation, the Secretary deter-
mines that the final nonconfirmation 
was issued in error, the Secretary 
shall further determine whether the 
final nonconfirmation was the result 
of government error or omission. If 
the Secretary determines that the 
final nonconfirmation was solely the 
result of government error or omission 
and the individual was terminated 
from employment, the Secretary shall 
compensate the individual for lost 
wages. 
‘‘(II) CALCULATION
OF
LOST 
WAGES.—Lost wages shall be cal-
culated based on the wage rate and 
work schedule that were in effect 
prior to the individual’s termination. 
The individual shall be compensated 
for lost wages beginning on the first 
scheduled work day after employment 
was terminated and ending 90 days 
after completion of the administrative 
review process described in this sub-
paragraph or the day the individual is 
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reinstated or obtains other employ-
ment, whichever occurs first. 
‘‘(III) 
LIMITATION
ON
COM-
PENSATION.—No 
compensation 
for 
lost wages shall be awarded for any 
period during which the individual 
was not authorized for employment in 
the United States. 
‘‘(IV) 
SOURCE
OF
FUNDS.— 
There is established in the general 
fund of the Treasury, a separate ac-
count which shall be known as the 
‘Electronic Verification Compensation 
Account’. Fees collected under sub-
sections (f) and (g) shall be deposited 
in the Electronic Verification Com-
pensation Account and shall remain 
available for purposes of providing 
compensation for lost wages under 
this subclause. 
‘‘(iii) JUDICIAL
REVIEW.—Not later 
than 30 days after the dismissal of an ap-
peal under this subparagraph, an indi-
vidual may seek judicial review of such dis-
missal in the United States District Court 
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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, 
microfilm, electronic, or other format deemed 
acceptable by the Secretary, and make it avail-
able for inspection by officers of the Depart-
ment of Homeland Security, the Department of 
Justice, or the Department of Labor during the 
period beginning on the date the verification is 
completed and ending on the later of— 
‘‘(i) the date that is 3 years after the 
date of hire; or 
‘‘(ii) the date that is 1 year after the 
date on which the individual’s employment 
is terminated. 
‘‘(B) COPYING OF DOCUMENTATION 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 
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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 hiring, recruiting, or referring for a fee an indi-
vidual for employment in the United States, the per-
son or entity shall submit an inquiry using the Sys-
tem to verify the identity and employment authoriza-
tion 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 Sec-
retary for purposes of this paragraph; and 
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‘‘(B) retain the form in paper, microfiche, 
microfilm, electronic, or other format deemed 
acceptable by the Secretary, and make it avail-
able for inspection by officers of the Depart-
ment of Homeland Security, the Department of 
Justice, or the Department of Labor during the 
period beginning on the date the reverification 
commences and ending on the later of— 
‘‘(i) the date that is 3 years after the 
date of reverification; or 
‘‘(ii) the date that is 1 year after the 
date on which the individual’s employment 
is terminated. 
‘‘(3) LIMITATION ON REVERIFICATION.—Except 
as provided in paragraph (1), a person or entity may 
not otherwise reverify the identity and employment 
authorization of a current employee, including an 
employee continuing in employment. 
‘‘(d) GOOD FAITH COMPLIANCE.— 
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this subsection, a person or entity that uses 
the System is considered to have complied with the 
requirements of this section notwithstanding a tech-
nical failure of the System, or other technical or pro-
cedural failure to meet such requirement if there 
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was a good faith attempt to comply with the require-
ment. 
‘‘(2) EXCEPTION
FOR
FAILURE
TO
CORRECT 
AFTER NOTICE.—Paragraph (1) shall not apply if— 
‘‘(A) the failure is not de minimis; 
‘‘(B) the Secretary has provided notice to 
the person or entity of the failure, including an 
explanation as to why it is not de minimis; 
‘‘(C) the person or entity has been pro-
vided a period of not less than 30 days (begin-
ning after the date of the notice) to correct the 
failure; and 
‘‘(D) the person or entity has not corrected 
the failure voluntarily within such period. 
‘‘(3) EXCEPTION FOR PATTERN OR PRACTICE 
VIOLATORS.—Paragraph (1) shall not apply to a 
person or entity that has engaged or is engaging in 
a pattern or practice of violations of paragraph 
(1)(A) or (2) of section 274A(a). 
‘‘(4) DEFENSE.—In the case of a person or en-
tity 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 
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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 obli-
gations under this section, absent a showing by the 
Secretary, by clear and convincing evidence, that the 
employer had knowledge that an employee is an un-
authorized 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. 
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‘‘(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. 
‘‘(2) CEASE AND DESIST ORDER WITH CIVIL 
MONEY PENALTIES FOR HIRING, RECRUITING, AND 
REFERRAL VIOLATIONS.—Notwithstanding the civil 
money penalties set forth in section 274A(e)(4), with 
respect to a violation of paragraph (1)(A) or (2) of 
section 274A(a) by a person or entity that has hired, 
recruited, or referred for a fee, an individual for 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 
subsection (d), of— 
‘‘(i) not less than $2,500 and not 
more than $5,000 for each unauthorized 
alien with respect to whom a violation of 
either such subsection occurred; 
‘‘(ii) not less than $5,000 and not 
more than $10,000 for each such alien in 
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the case of a person or entity previously 
subject to one order under this paragraph; 
or 
‘‘(iii) not less than $10,000 and not 
more than $25,000 for each such alien in 
the case of a person or entity previously 
subject to more than one order under this 
paragraph; and 
‘‘(B) may require the person or entity to 
take such other remedial action as appropriate. 
‘‘(3) ORDER FOR CIVIL MONEY PENALTY FOR 
VIOLATIONS.—With respect to a violation of section 
274A(a)(1)(B), the order under this paragraph shall 
require the person or entity to pay a civil penalty in 
an amount, subject to paragraphs (4), (5), and (6), 
of not less than $1,000 and not more than $25,000 
for each individual with respect to whom such viola-
tion occurred. Failure by a person or entity to utilize 
the System as required by law or providing informa-
tion to the System that the person or entity knows 
or reasonably believes to be false, shall be treated as 
a violation of section 274A(a)(1)(A). 
‘‘(4) EXEMPTION
FROM
PENALTY
FOR
GOOD 
FAITH VIOLATION.— 
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‘‘(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 para-
graph (2)(A) with respect to a violation of para-
graph (1)(A) or (2) of section 274A(a) for hir-
ing or continuation of employment or recruit-
ment 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 re-
ferral by a person or entity, the penalty other-
wise imposed may be waived or reduced if the 
person or entity establishes that the person or 
entity acted in good faith. 
‘‘(5) MITIGATION ELEMENTS.—For purposes of 
paragraphs (2)(A) and (3), when assessing the level 
of civil money penalties, in addition to the good faith 
of the person or entity being charged, due consider-
ation shall be given to the size of the business, the 
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seriousness of the violation, whether or not the indi-
vidual was an unauthorized alien, and the history of 
previous violations. 
‘‘(6) 
CRIMINAL
PENALTY.—Notwithstanding 
section 274A(f)(1) and the provisions of any other 
Federal law relating to fine levels, any person or en-
tity that is required to comply with the provisions of 
this section and that engages in a pattern or prac-
tice of violations of paragraph (1) or (2) of section 
274A(a), shall be fined not more than $5,000 for 
each unauthorized alien with respect to whom such 
a violation occurs, imprisoned for not more than 18 
months, or both. 
‘‘(7) ELECTRONIC
VERIFICATION
COMPENSA-
TION
ACCOUNT.—Civil money penalties collected 
under this subsection shall be deposited in the Elec-
tronic Verification Compensation Account for the 
purpose of compensating individuals for lost wages 
as a result of a final nonconfirmation issued by the 
System that was based on government error or 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 
violator of paragraph (1)(A) or (2) of section 
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274A(a) or is convicted of a crime under sec-
tion 274A, such person or entity may be consid-
ered for debarment from the receipt of Federal 
contracts, grants, or cooperative agreements in 
accordance with the debarment standards and 
pursuant to the debarment procedures set forth 
in the Federal Acquisition Regulation. 
‘‘(B) NO
CONTRACT, 
GRANT, 
AGREE-
MENT.—If the Secretary or the Attorney Gen-
eral wishes to have a person or entity consid-
ered for debarment in accordance with this 
paragraph, and such a person or entity does not 
hold a Federal contract, grant or cooperative 
agreement, the Secretary or Attorney General 
shall refer the matter to the Administrator of 
General Services to determine whether to list 
the person or entity on the List of Parties Ex-
cluded 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 debar-
ment in accordance with this paragraph, and 
such person or entity holds a Federal contract, 
grant, or cooperative agreement, the Secretary 
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or Attorney General shall advise all agencies or 
departments holding a contract, grant, or coop-
erative agreement with the person or entity of 
the Government’s interest in having the person 
or entity considered for debarment, and after 
soliciting and considering the views of all such 
agencies and departments, the Secretary or At-
torney General may refer the matter to the ap-
propriate lead agency to determine whether to 
list the person or entity on the List of Parties 
Excluded from Federal Procurement, and if so, 
for what duration and under what scope. 
‘‘(D) REVIEW.—Any decision to debar a 
person or entity in accordance with this 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-
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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— 
‘‘(A) to use the System for screening an 
applicant prior to the date of hire; 
‘‘(B) to terminate the employment of an 
individual or take any adverse employment ac-
tion 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 iden-
tity and employment authorization of a current 
employee, including an employee continuing in 
employment, other than reverification author-
ized under subsection (c); 
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‘‘(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 
described in subsection (a)(4)(B) or to provide 
the results of such an inquiry as a condition of 
employment, or hiring, recruiting, or referring; 
or 
‘‘(H) to terminate the employment of an 
individual or take any adverse employment ac-
tion with respect to that individual based upon 
the need to verify the identity and employment 
authorization of the individual as required by 
subsection (b). 
‘‘(2) PREEMPLOYMENT SCREENING AND 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 im-
posed by an administrative law judge with respect to 
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a finding that a person or entity has engaged in an 
unfair 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 
paragraph, not less than $4,000 and not more 
than $10,000 for each individual discriminated 
against; and 
‘‘(C) in the case of a person or entity pre-
viously subject to more than one order under 
this paragraph, not less than $6,000 and not 
more than $20,000 for each individual discrimi-
nated against. 
‘‘(4) ELECTRONIC
VERIFICATION
COMPENSA-
TION
ACCOUNT.—Civil money penalties collected 
under this subsection shall be deposited in the Elec-
tronic Verification Compensation Account for the 
purpose of compensating individuals for lost wages 
as a result of a final nonconfirmation issued by the 
System that was based on government error or omis-
sion, as set forth in subsection (b)(4)(F)(ii)(IV). 
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‘‘(h) CLARIFICATION.—All rights and remedies pro-
vided under any Federal, State, or local law relating to 
workplace rights, including but not limited to back pay, 
are available to an employee despite— 
‘‘(1) the employee’s status as an unauthorized 
alien during or after the period of employment; or 
‘‘(2) the employer’s or employee’s failure to 
comply with the requirements of this section. 
‘‘(i) DEFINITION.—In this section, the term ‘date of 
hire’ means the date on which employment for pay or 
other remuneration commences.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Immigration and Nationality Act is amended 
by inserting after the item relating to section 274D the 
following: 
‘‘Sec. 274E. Requirements for the electronic verification of employment eligi-
bility.’’. 
SEC. 302. MANDATORY ELECTRONIC VERIFICATION FOR 
THE AGRICULTURAL INDUSTRY. 
(a) IN GENERAL.—The requirements for the elec-
tronic verification of identity and employment authoriza-
tion described in section 274E of the Immigration and Na-
tionality Act, as inserted by section 301 of this Act, shall 
apply to a person or entity hiring, recruiting, or referring 
for a fee an individual for agricultural employment in the 
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United States in accordance with the effective dates set 
forth in subsection (b). 
(b) EFFECTIVE DATES.— 
(1) HIRING.—Subsection (a) shall apply to a 
person or entity hiring an individual for agricultural 
employment in the United States as follows: 
(A) With respect to employers having 500 
or more employees in the United States on the 
date of the enactment of this Act, on the date 
that is 6 months after completion of the appli-
cation period described in section 101(c). 
(B) With respect to employers having 100 
or more employees in the United States (but 
less than 500 such employees) on the date of 
the enactment of this Act, on the date that is 
9 months after completion of the application pe-
riod described in section 101(c). 
(C) With respect to employers having 20 
or more employees in the United States (but 
less than 100 such employees) on the date of 
the enactment of this Act, on the date that is 
12 months after completion of the application 
period described in section 101(c). 
(D) With respect to employers having one 
or more employees in the United States, (but 
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less than 20 such employees) on the date of the 
enactment of this Act, on the date that is 15 
months after completion of the application pe-
riod described in section 101(c). 
(2) RECRUITING AND REFERRING FOR A FEE.— 
Subsection (a) shall apply to a person or entity re-
cruiting or referring for a fee an individual for agri-
cultural employment in the United States on the 
date that is 12 months after completion of the appli-
cation period described in section 101(c). 
(3) TRANSITION
RULE.—Except as required 
under subtitle A of title IV of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1324a note) (as in effect on the day 
before the effective date described in section 
303(a)(4)), Executive Order No. 13465 (8 U.S.C. 
1324a note; relating to Government procurement), 
or any State law requiring persons or entities to use 
the E–Verify Program described in section 403(a) of 
the Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (8 U.S.C. 1324a note) (as 
in effect on the day before the effective date de-
scribed in section 303(a)(4)), sections 274A and 
274B of the Immigration and Nationality Act (8 
U.S.C. 1324a and 1324b) shall apply to a person or 
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entity hiring, recruiting, or referring an individual 
for employment in the United States until the appli-
cable effective date under this subsection. 
(4) E–VERIFY VOLUNTARY USERS AND OTHERS 
DESIRING
EARLY
COMPLIANCE.—Nothing in this 
subsection shall be construed to prohibit persons or 
entities, including persons or entities that have vol-
untarily elected to participate in the E–Verify Pro-
gram described in section 403(a) of the Illegal Im-
migration Reform and Immigrant Responsibility Act 
of 1996 (8 U.S.C. 1324a note) (as in effect on the 
day before the effective date described in section 
303(a)(4)), from seeking early compliance on a vol-
untary basis. 
(c) RURAL ACCESS TO ASSISTANCE FOR TENTATIVE 
NONCONFIRMATION REVIEW PROCESS.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall coordinate with the Secretary of Agri-
culture, in consultation with the Commissioner of 
Social Security, to create a process for individuals to 
seek assistance in contesting a tentative noncon-
firmation as described in section 274E(b)(4)(D) of 
the Immigration and Nationality Act, as inserted by 
section 301 of this Act, at local offices or service 
centers of the U.S. Department of Agriculture. 
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(2) STAFFING
AND
RESOURCES.—The Sec-
retary of Homeland Security and Secretary of Agri-
culture shall ensure that local offices and service 
centers of the U.S. Department of Agriculture are 
staffed appropriately and have the resources nec-
essary to provide information and support to individ-
uals seeking the assistance described in paragraph 
(1), including by facilitating communication between 
such individuals and the Department of Homeland 
Security or the Social Security Administration. 
(3) CLARIFICATION.—Nothing in this sub-
section shall be construed to delegate authority or 
transfer responsibility for reviewing and resolving 
tentative nonconfirmations from the Secretary of 
Homeland Security and the Commissioner of Social 
Security to the Secretary of Agriculture. 
(d) DOCUMENT ESTABLISHING EMPLOYMENT AU-
THORIZATION AND IDENTITY.—In accordance with section 
274E(b)(3)(A)(vii) of the Immigration and Nationality 
Act, as inserted by section 301 of this Act, and not later 
than 12 months after the completion of the application 
period described in section 101(c) of this Act, the Sec-
retary of Homeland Security shall recognize documentary 
evidence of certified agricultural worker status described 
in section 102(a)(2) of this Act as valid proof of employ-
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ment authorization and identity for purposes of section 
274E(b)(3)(A) of the Immigration and Nationality Act, 
as inserted by section 301 of this Act. 
(e) AGRICULTURAL EMPLOYMENT.—For purposes of 
this section, the term ‘‘agricultural employment’’ means 
agricultural labor or services, as defined by section 
101(a)(15)(H)(ii) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(15)(H)(ii)), as amended by this Act. 
SEC. 303. COORDINATION WITH E–VERIFY PROGRAM. 
(a) REPEAL.— 
(1) IN GENERAL.—Subtitle A of title IV of the 
Illegal Immigration Reform and Immigrant Respon-
sibility Act of 1996 (8 U.S.C. 1324a note) is re-
pealed. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions, in section 1(d) of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996, is 
amended by striking the items relating to subtitle A 
of title IV. 
(3) REFERENCES.—Any reference in any Fed-
eral, State, or local law, Executive order, rule, regu-
lation, or delegation of authority, or any document 
of, or pertaining to, the Department of Homeland 
Security, Department of Justice, or the Social Secu-
rity Administration, to the E–Verify Program de-
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scribed in section 403(a) of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1324a note), or to the employment eligi-
bility confirmation system established under section 
404 of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C. 1324a 
note), is deemed to refer to the employment eligi-
bility confirmation system established under section 
274E of the Immigration and Nationality Act, as in-
serted by section 301 of this Act. 
(4) EFFECTIVE
DATE.—This subsection, and 
the amendments made by this subsection, shall take 
effect on the date that is 30 days after the date on 
which final rules are published under section 309(a). 
(b) FORMER E–VERIFY MANDATORY USERS, IN-
CLUDING FEDERAL CONTRACTORS.—Beginning on the ef-
fective date in subsection (a)(4), the Secretary of Home-
land Security shall require employers required to partici-
pate in the E–Verify Program described in section 403(a) 
of the Illegal Immigration Reform and Immigrant Respon-
sibility Act of 1996 (8 U.S.C. 1324a note) by reason of 
any Federal, State, or local law, Executive order, rule, reg-
ulation, or delegation of authority, including employers re-
quired to participate in such program by reason of Federal 
acquisition laws (and regulations promulgated under those 
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laws, including the Federal Acquisition Regulation), to 
comply with the requirements of section 274E of the Im-
migration and Nationality Act, as inserted by section 301 
of this Act (and any additional requirements of such Fed-
eral acquisition laws and regulation) in lieu of any require-
ment to participate in the E–Verify Program. 
(c) FORMER E–VERIFY VOLUNTARY USERS.—Begin-
ning on the effective date in subsection (a)(4), the Sec-
retary of Homeland Security shall provide for the vol-
untary compliance with the requirements of section 274E 
of the Immigration and Nationality Act, as inserted by 
section 301 of this Act, by employers voluntarily electing 
to participate in the E–Verify Program described in sec-
tion 403(a) of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C. 1324a note) 
before such date. 
SEC. 304. FRAUD AND MISUSE OF DOCUMENTS. 
Section 1546(b) of title 18, United States Code, is 
amended— 
(1) in paragraph (1), by striking ‘‘identification 
document,’’ and inserting ‘‘identification document 
or document meant to establish employment author-
ization,’’; 
(2) in paragraph (2), by striking ‘‘identification 
document’’ and inserting ‘‘identification document or 
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document meant to establish employment authoriza-
tion,’’; and 
(3) in the matter following paragraph (3) by in-
serting 
‘‘or 
section 
274E(b)’’ 
after 
‘‘section 
274A(b)’’. 
SEC. 305. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) UNLAWFUL EMPLOYMENT OF ALIENS.—Section 
274A of the Immigration and Nationality Act (8 U.S.C. 
1324a) is amended— 
(1) in paragraph (1)(B)(ii) of subsection (a), by 
striking ‘‘subsection (b).’’ and inserting ‘‘section 
274B.’’; and 
(2) in the matter preceding paragraph (1) of 
subsection (b), by striking ‘‘The requirements re-
ferred’’ and inserting ‘‘Except as provided in section 
274E, the requirements referred’’. 
(b) UNFAIR IMMIGRATION-RELATED EMPLOYMENT 
PRACTICES.—Section 274B(a)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1324b(a)(1)) is amended in the 
matter preceding subparagraph (A), by inserting ‘‘includ-
ing misuse of the verification system as described in sec-
tion 274E(g)’’ after ‘‘referral for a fee,’’. 
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SEC. 306. PROTECTION OF SOCIAL SECURITY ADMINISTRA-
TION PROGRAMS. 
(a) FUNDING UNDER AGREEMENT.—Effective for 
fiscal years beginning on or after October 1, 2019, the 
Commissioner and the Secretary shall ensure that an 
agreement is in place which shall— 
(1) provide funds to the Commissioner for the 
full costs of the responsibilities of the Commissioner 
with respect to employment eligibility verification, 
including under this title and the amendments made 
by this title, and including— 
(A) acquiring, installing, and maintaining 
technological equipment and systems necessary 
for the fulfillment of such responsibilities, but 
only that portion of such costs that are attrib-
utable exclusively to such responsibilities; and 
(B) responding to individuals who contest 
a tentative nonconfirmation or administratively 
appeal a final nonconfirmation provided with 
respect to employment eligibility verification; 
(2) provide such funds annually in advance of 
the applicable quarter based on an estimating meth-
odology agreed to by the Commissioner and the Sec-
retary (except in such instances where the delayed 
enactment of an annual appropriation may preclude 
such quarterly payments); and 
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(3) require an annual accounting and reconcili-
ation of the actual costs incurred and the funds pro-
vided under the agreement, which shall be reviewed 
by the Inspectors General of the Social Security Ad-
ministration and the Department of Homeland Secu-
rity. 
(b) CONTINUATION OF EMPLOYMENT VERIFICATION 
IN ABSENCE OF TIMELY AGREEMENT.—In any case in 
which the agreement required under subsection (a) for any 
fiscal year beginning on or after October 1, 2019, has not 
been reached as of October 1 of such fiscal year, the latest 
agreement described in such subsection shall be deemed 
in effect on an interim basis for such fiscal year until such 
time as an agreement required under subsection (a) is sub-
sequently reached, except that the terms of such interim 
agreement shall be modified to adjust for inflation and any 
increase or decrease in the volume of requests under the 
employment eligibility verification system. In any case in 
which an interim agreement applies for any fiscal year 
under this subsection, the Commissioner and the Sec-
retary shall, not later than October 1 of such fiscal year, 
notify the Committee on Ways and Means, the Committee 
on the Judiciary, and the Committee on Appropriations 
of the House of Representatives and the Committee on 
Finance, the Committee on the Judiciary, and the Com-
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mittee on Appropriations of the Senate of the failure to 
reach the agreement required under subsection (a) for 
such fiscal year. Until such time as the agreement re-
quired under subsection (a) has been reached for such fis-
cal year, the Commissioner and the Secretary shall, not 
later than the end of each 90-day period after October 
1 of such fiscal year, notify such Committees of the status 
of negotiations between the Commissioner and the Sec-
retary in order to reach such an agreement. 
SEC. 307. REPORT ON THE IMPLEMENTATION OF THE 
ELECTRONIC 
EMPLOYMENT 
VERIFICATION 
SYSTEM. 
Not later than 24 months after the date on which 
final rules are published under section 309(a), and annu-
ally thereafter, the Secretary shall submit to Congress a 
report that includes the following: 
(1) An assessment of the accuracy rates of the 
responses of the electronic employment verification 
system established under section 274E of the Immi-
gration and Nationality Act, as inserted by section 
301 of this Act (referred to in this section as the 
‘‘System’’), including tentative and final noncon-
firmation notices issued to employment-authorized 
individuals and confirmation notices issued to indi-
viduals who are not employment-authorized. 
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(2) An assessment of any challenges faced by 
persons or entities (including small employers) in 
utilizing the System. 
(3) An assessment of any challenges faced by 
employment-authorized individuals who are issued 
tentative or final nonconfirmation notices. 
(4) An assessment of the incidence of unfair 
immigration-related employment practices, as de-
scribed in section 274E(g) of the Immigration and 
Nationality Act, as inserted by section 301 of this 
Act, related to the use of the System. 
(5) An assessment of the photo matching and 
other identity authentication tools, as described in 
section 274E(a)(4) of the Immigration and Nation-
ality Act, as inserted by section 301 of this Act, in-
cluding— 
(A) an assessment of the accuracy rates of 
such tools; 
(B) an assessment of the effectiveness of 
such tools at preventing identity fraud and 
other misuse of identifying information; 
(C) an assessment of any challenges faced 
by persons, entities, or individuals utilizing such 
tools; and 
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(D) an assessment of operation and main-
tenance costs associated with such tools. 
(6) A summary of the activities and findings of 
the U.S. Citizenship and Immigrations Services E– 
Verify Monitoring and Compliance Branch, or any 
successor office, including— 
(A) the number, types and outcomes of au-
dits, investigations, and other compliance activi-
ties initiated by the Branch in the previous 
year; 
(B) the capacity of the Branch to detect 
and prevent violations of section 274E(g) of the 
Immigration and Nationality Act, as inserted by 
this Act; and 
(C) an assessment of the degree to which 
persons and entities misuse the System, includ-
ing— 
(i) use of the System before an indi-
vidual’s date of hire; 
(ii) failure to provide required notifi-
cations to individuals; 
(iii) use of the System to interfere 
with or otherwise impede individuals’ as-
sertions of their rights under other laws; 
and 
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(iv) use of the System for unauthor-
ized purposes; and 
(7) An assessment of the impact of implementa-
tion of the System in the agricultural industry and 
the use of the verification system in agricultural in-
dustry hiring and business practices. 
SEC. 308. MODERNIZING AND STREAMLINING THE EMPLOY-
MENT ELIGIBILITY VERIFICATION PROCESS. 
Not later than 12 months after the date of the enact-
ment of this Act, the Secretary, in consultation with the 
Commissioner, shall submit to Congress a plan to mod-
ernize 
and 
streamline 
the 
employment 
eligibility 
verification process that shall include— 
(1) procedures to allow persons and entities to 
verify the identity and employment authorization of 
newly hired individuals where the in-person, physical 
examination of identity and employment authoriza-
tion documents is not practicable; 
(2) a proposal to create a simplified employ-
ment verification process that allows employers that 
utilize the employment eligibility verification system 
established under section 274E of the Immigration 
and Nationality Act, as inserted by section 301 of 
this Act, to verify the identity and employment au-
thorization of individuals without also having to 
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complete and retain Form I–9, Employment Eligi-
bility Verification, or any subsequent replacement 
form; and 
(3) any other proposal that the Secretary deter-
mines would simplify the employment eligibility 
verification process without compromising the integ-
rity or security of the system. 
SEC. 309. RULEMAKING AND PAPERWORK REDUCTION ACT. 
(a) IN GENERAL.—Not later than 180 days prior to 
the end of the application period defined in section 101(c) 
of this Act, the Secretary shall publish in the Federal Reg-
ister proposed rules implementing this title and the 
amendments made by this title. The Secretary shall final-
ize such rules not later than 180 days after the date of 
publication. 
(b) PAPERWORK REDUCTION ACT.— 
(1) IN
GENERAL.—The requirements under 
chapter 35 of title 44, United States Code, (com-
monly known as the ‘‘Paperwork Reduction Act’’) 
shall apply to any action to implement this title or 
the amendments made by this title. 
(2) ELECTRONIC FORMS.—All forms designated 
or established by the Secretary that are necessary to 
implement this title and the amendments made by 
this title shall be made available in paper and elec-
VerDate Sep 11 2014 
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