‘‘(B) CONSTRUCTION.—Nothing in this 
paragraph is intended to limit an employee’s 
rights under a collective bargaining agreement 
or other employment contract. 
‘‘(6) PREVAILING WAGE.—The term ‘prevailing 
wage’ means, with respect to an agricultural occupa-
tion in an area of intended employment, the rate of 
wages that includes the 51st percentile of employees 
with similar experience and qualifications in the ag-
ricultural occupation in the area of intended employ-
ment, expressed in terms of the prevailing method of 
pay for the occupation in the area of intended em-
ployment. 
‘‘(7) UNITED
STATES
WORKER.—The term 
‘United States worker’ means an employee who—
‘‘(A) is a citizen or national of the United 
States; or 
‘‘(B) is an alien who is lawfully admitted 
for permanent residence, is admitted as a ref-
ugee under section 207, is granted asylum 
under section 208, or is an immigrant otherwise 
authorized, by this Act or by the Secretary of 
Homeland Security, to be employed.’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
101(a)(15)(H)(ii)(a) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended by strik-
ing ‘‘seasonal nature, or (b)’’ and inserting ‘‘seasonal na-
ture, and with respect to whom the Secretary of Labor 
determines and certifies to the Secretary of Homeland Se-
curity that the intending employer has filed with the Sec-
retary an application under section 218(a), or (b)’’.
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date that is 180 days 
after the date of the enactment of this Act. 
SEC. 3. EMERGENCY GRANTS TO ASSIST EMPLOYERS WITH 
H–2A TRANSPORTATION COSTS. 
Subtitle D of the Consolidated Farm and Rural De-
velopment Act (7 U.S.C. 1981 et seq.) is amended by add-
ing at the end the following: 
‘‘SEC. 379E. EMERGENCY GRANTS TO ASSIST EMPLOYERS 
WITH H–2A TRANSPORTATION COSTS. 
‘‘(a) IN GENERAL.—The Secretary of Agriculture 
may make grants, not to exceed $1,000,000 annually, to 
employers of H–2A workers for the purpose of reimburs-
ing the employers for the amounts paid to H–2A workers 
under section 218(n)(4)(B) of the Immigration and Na-
tionality Act (8 U.S.C. 1188) if, before the expiration of 
the period of employment specified in the job offer, the 
services of the worker are no longer required for reasons 
beyond the control of the employer due to any form of
natural disaster, including but not limited to a flood, hur-
ricane, freeze, earthquake, fire, drought, plant or animal 
disease or pest infestation, or regulatory drought. 
‘‘(b) FUNDING.—The grants described in subsection 
(a) shall be made out of the funds, facilities and authori-
ties of the Commodity Credit Corporation to the extent 
that such funds are provided in advance through an appro-
priations act.’’. 
SEC. 4. ESTABLISHMENT OF H–2A OMBUDSMAN. 
Subtitle D of the Consolidated Farm and Rural De-
velopment Act (7 U.S.C. 1981 et seq.), as amended by 
section 3 of this Act, is amended by adding at the end 
the following: 
‘‘SEC. 379F. ESTABLISHMENT OF H–2A OMBUDSMAN. 
‘‘OMBUDSMAN.—The Secretary shall establish an H–
2A Worker Program Ombudsman within the Office of Ag-
riculture Labor Affairs, Office of the Chief Economist, 
U.S. Department of Agriculture. The H–2A Ombudsman 
shall help resolve disputes and other conflicts between con-
tracted H–2A workers and their employers, other than al-
leged violations of conditions required under section 
218(a) of the Immigration and Nationality Act (8 U.S.C. 
1188(a)).’’.
Æ