‘‘(iii) such survey meets any other requirements 
set by the Secretary of Labor pursuant to regula-
tion.’’. 
SEC. 4. ESTABLISHMENT OF ACCOUNT AND USE OF FUNDS. 
(a) IN GENERAL.—Section 286 of the Immigration 
and Nationality Act (8 U.S.C. 1356) is amended by add-
ing at the end the following: 
‘‘(w) EMPLOYMENT CERTIFICATION APPLICATION 
FEE ACCOUNT.— 
‘‘(1) ESTABLISHMENT OF ACCOUNT.—There is 
established in the general fund of the Treasury a 
separate account, which shall be known as the ‘Em-
ployment Certification Fee Account’. Notwith-
standing any other provision of law, there shall be 
deposited as offsetting receipts into the account 
amounts from fees and civil penalties collected under 
section 212(o) (except for fees collected under para-
graph (2)(C)(iii)(I) of such section). 
‘‘(2) USE OF FEES.— 
‘‘(A) SECRETARY OF LABOR.—Two-thirds 
of the amounts deposited into the Employment 
Certification Fee Account shall remain available 
to the Secretary of Labor until expended for the 
costs of Federal and State administration, in-
cluding Federal and State personnel, in car-
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rying out labor certification activities under sec-
tion 212(o). 
‘‘(B) SECRETARY
OF
HOMELAND
SECU-
RITY.—One-third of the amounts deposited into 
the Employment Certification Fee Account shall 
remain available to the Secretary of Homeland 
Security until expended for the administration 
of activities under section 212(o).’’. 
(b) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Secretary of Labor shall 
submit a report to the Congress that includes— 
(1) the number of complaints received under 
section 212(o)(9) of the Immigration and Nation-
ality Act, as added by section 2 of this Act; 
(2) the resolution of complaints described in 
paragraph (1); and 
(3) recommendations, if any, to improve the 
process for resolving complaints, including whether 
the rights and obligations enumerated by the amend-
ments made by sections 2 and 3 of this Act would 
be better enforced if aggrieved persons had access to 
a private civil cause of action to effectuate such en-
forcement. 
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SEC. 5. TRANSFER OF FOREST, CONSERVATION, AND LOG-
GING WORKERS TO THE H-2A AGRICULTURAL 
WORKER PROGRAM. 
Any forest, conservation, or logging occupation (as 
listed in the Standard Occupational Classification) shall 
be considered agricultural labor for the purposes of em-
ploying 
nonimmigrants 
described 
in 
section 
101(a)(15)(H)(ii)(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)), except that such 
workers shall continue to be considered seasonal agricul-
tural workers under the Migrant Seasonal Worker Protec-
tion Act (29 U.S.C. 1801 et seq.) notwithstanding any 
other provision of law. 
Æ 
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