rate account, which shall be known as the 
‘‘Agricultural Worker Immigration Status 
Adjustment 
Account’’. 
Notwithstanding 
any other provision of law, there shall be 
deposited as offsetting receipts into the ac-
count all fees collected under subparagraph 
(A)(i). 
(ii) USE OF FEES FOR APPLICATION 
PROCESSING.—Amounts deposited in the 
‘‘Agricultural Worker Immigration Status 
Adjustment Account’’ shall remain avail-
able to the Secretary until expended for 
processing applications for status under 
subsections (a) and (c). 
(e) WAIVER OF NUMERICAL LIMITATIONS AND CER-
TAIN GROUNDS FOR INADMISSIBILITY.— 
(1) NUMERICAL LIMITATIONS DO NOT APPLY.— 
The numerical limitations of sections 201 and 202 
of the Immigration and Nationality Act (8 U.S.C. 
1151 and 1152) shall not apply to the adjustment 
of aliens to lawful permanent resident status under 
this section. 
(2) WAIVER OF CERTAIN GROUNDS OF INAD-
MISSIBILITY.—In the determination of an alien’s eli-
gibility for status under subsection (a)(1)(C) or an
alien’s eligibility for adjustment of status under sub-
section (c)(1)(B)(ii)(I), the following rules shall 
apply: 
(A) GROUNDS OF EXCLUSION NOT APPLI-
CABLE.—The provisions of paragraphs (5), 
(6)(A), (7)(A), and (9)(B) of section 212(a) of 
the Immigration and Nationality Act (8 U.S.C. 
1182(a)) shall not apply. 
(B) WAIVER OF OTHER GROUNDS.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), the Secretary may waive any 
other provision of such section 212(a) in 
the case of individual aliens for humani-
tarian purposes, to ensure family unity, or 
if otherwise in the public interest. 
(ii) GROUNDS
THAT
MAY
NOT
BE 
WAIVED.—Paragraphs 
(2)(A), 
(2)(B), 
(2)(C), (3), and (4) of such section 212(a) 
may not be waived by the Secretary under 
clause (i). 
(iii) CONSTRUCTION.—Nothing in this 
subparagraph shall be construed as affect-
ing the authority of the Secretary other 
than under this subparagraph to waive 
provisions of such section 212(a).
(C) SPECIAL RULE FOR DETERMINATION 
OF PUBLIC CHARGE.—An alien is not ineligible 
for status under this section by reason of a 
ground 
of 
inadmissibility 
under 
section 
212(a)(4) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(4)) if the alien dem-
onstrates a history of employment in the United 
States evidencing self-support without reliance 
on public cash assistance. 
(f) TEMPORARY STAY OF REMOVAL AND WORK AU-
THORIZATION FOR CERTAIN APPLICANTS.— 
(1) BEFORE
APPLICATION
PERIOD.—Effective 
on the date of enactment of this Act, the Secretary 
shall provide that, in the case of an alien who is ap-
prehended before the beginning of the application 
period described in subsection (a)(1)(B) and who 
can establish a nonfrivolous case of eligibility for 
temporary resident status under subsection (a) (but 
for the fact that the alien may not apply for such 
status until the beginning of such period), until the 
alien has had the opportunity during the first 30 
days of the application period to complete the filing 
of an application for temporary resident status, the 
alien— 
(A) may not be removed; and
(B) shall be granted authorization to en-
gage in employment in the United States and 
be provided an ‘‘employment authorized’’ en-
dorsement or other appropriate work permit for 
such purpose. 
(2) DURING APPLICATION PERIOD.—The Sec-
retary shall provide that, in the case of an alien who 
presents a nonfrivolous application for temporary 
resident status under subsection (a) during the ap-
plication period described in subsection (a)(1)(B), 
including an alien who files such an application 
within 30 days of the alien’s apprehension, and until 
a final determination on the application has been 
made in accordance with this section, the alien— 
(A) may not be removed; and 
(B) shall be granted authorization to en-
gage in employment in the United States and 
be provided an ‘‘employment authorized’’ en-
dorsement or other appropriate work permit for 
such purpose. 
(g) ADMINISTRATIVE AND JUDICIAL REVIEW.— 
(1) IN GENERAL.—There shall be no adminis-
trative or judicial review of a determination respect-
ing an application for status under subsection (a) or 
(c) except in accordance with this subsection.
(2) ADMINISTRATIVE REVIEW.— 
(A) SINGLE
LEVEL
OF
ADMINISTRATIVE 
APPELLATE REVIEW.—The Secretary shall es-
tablish an appellate authority to provide for a 
single level of administrative appellate review of 
such a determination. 
(B) STANDARD
FOR
REVIEW.—Such ad-
ministrative appellate review shall be based 
solely upon the administrative record estab-
lished at the time of the determination on the 
application and upon such additional or newly 
discovered evidence as may not have been avail-
able at the time of the determination. 
(3) JUDICIAL REVIEW.— 
(A) LIMITATION
TO
REVIEW
OF
RE-
MOVAL.—There shall be judicial review of such 
a determination only in the judicial review of an 
order of removal under section 242 of the Im-
migration and Nationality Act (8 U.S.C. 1252). 
(B) STANDARD FOR JUDICIAL REVIEW.— 
Such judicial review shall be based solely upon 
the administrative record established at the 
time of the review by the appellate authority 
and the findings of fact and determinations 
contained in such record shall be conclusive un-
less the applicant can establish abuse of discre-
tion or that the findings are directly contrary to 
clear and convincing facts contained in the 
record considered as a whole. 
(h) DISSEMINATION OF INFORMATION ON ADJUST-
MENT PROGRAM.—Beginning not later than the first day 
of the application period described in subsection (a)(1)(B), 
the Secretary, in cooperation with qualified designated en-
tities, shall broadly disseminate information respecting the 
benefits that aliens may receive under this section and the 
requirements to be satisfied to obtain such benefits. 
(i) REGULATIONS.—The Secretary shall issue regula-
tions to implement this section not later than the first day 
of the seventh month that begins after the date of enact-
ment of this Act. 
(j) EFFECTIVE DATE.—This section shall take effect 
on the date that regulations are issued implementing this 
section on an interim or other basis. 
(k) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary to carry 
out this section $40,000,000 for each of fiscal years 2006 
through 2009. 
SEC. 102. CORRECTION OF SOCIAL SECURITY RECORDS. 
(a) IN GENERAL.—Section 208(d)(1) of the Social 
Security Act (42 U.S.C. 408(d)(1)) is amended—
(1) in subparagraph (B)(ii), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (C), by inserting ‘‘or’’ at 
the end; 
(3) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) who is granted status as a lawful tem-
porary resident under the Agricultural Job Oppor-
tunity, Benefits, and Security Act of 2005,’’; and 
(4) by striking ‘‘1990.’’ and inserting ‘‘1990, or 
in the case of an alien described in subparagraph 
(D), if such conduct is alleged to have occurred be-
fore the date on which the alien was granted lawful 
temporary resident status.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the first day of the sev-
enth month that begins after the date of enactment of this 
Act. 
TITLE II—REFORM OF H–2A 
WORKER PROGRAM 
SEC. 201. AMENDMENT TO THE IMMIGRATION AND NATION-
ALITY ACT. 
(a) IN GENERAL.—The Immigration and Nationality 
Act is amended by striking section 218 (8 U.S.C. 1188) 
and inserting the following:
‘‘H–2A EMPLOYER APPLICATIONS 
‘‘SEC. 218. (a) APPLICATIONS TO THE SECRETARY 
OF LABOR.— 
‘‘(1) IN GENERAL.—No alien may be admitted 
to the United States as an H–2A worker, or other-
wise provided status as an H–2A worker, unless the 
employer has filed with the Secretary of Labor an 
application containing— 
‘‘(A) the assurances described in sub-
section (b); 
‘‘(B) a description of the nature and loca-
tion of the work to be performed; 
‘‘(C) the anticipated period (expected be-
ginning and ending dates) for which the work-
ers will be needed; and 
‘‘(D) the number of job opportunities in 
which the employer seeks to employ the work-
ers. 
‘‘(2) ACCOMPANIED BY JOB OFFER.—Each ap-
plication filed under paragraph (1) shall be accom-
panied by a copy of the job offer describing the 
wages and other terms and conditions of employ-
ment and the bona fide occupational qualifications 
that shall be possessed by a worker to be employed 
in the job opportunity in question.
‘‘(b) ASSURANCES
FOR INCLUSION
IN APPLICA-
TIONS.—The assurances referred to in subsection (a)(1) 
are the following: 
‘‘(1) JOB
OPPORTUNITIES
COVERED
BY
COL-
LECTIVE BARGAINING AGREEMENTS.—With respect 
to a job opportunity that is covered under a collec-
tive bargaining agreement: 
‘‘(A) UNION CONTRACT DESCRIBED.—The 
job opportunity is covered by a union contract 
which was negotiated at arm’s length between a 
bona fide union and the employer. 
‘‘(B) STRIKE OR LOCKOUT.—The specific 
job opportunity for which the employer is re-
questing an H–2A worker is not vacant because 
the former occupant is on strike or being locked 
out in the course of a labor dispute. 
‘‘(C) NOTIFICATION OF BARGAINING REP-
RESENTATIVES.—The employer, at the time of 
filing the application, has provided notice of the 
filing under this paragraph to the bargaining 
representative of the employer’s employees in 
the occupational classification at the place or 
places of employment for which aliens are 
sought.
‘‘(D) TEMPORARY OR SEASONAL JOB OP-
PORTUNITIES.—The job opportunity is tem-
porary or seasonal. 
‘‘(E) OFFERS TO UNITED STATES WORK-
ERS.—The employer has offered or will offer 
the job to any eligible United States worker 
who applies and is equally or better qualified 
for the job for which the nonimmigrant is, or 
the nonimmigrants are, sought and who will be 
available at the time and place of need. 
‘‘(F) PROVISION
OF
INSURANCE.—If the 
job opportunity is not covered by the State 
workers’ compensation law, the employer will 
provide, at no cost to the worker, insurance cov-
ering injury and disease arising out of, and in 
the course of, the worker’s employment which 
will provide benefits at least equal to those pro-
vided under the State’s workers’ compensation 
law for comparable employment. 
‘‘(2) JOB
OPPORTUNITIES
NOT
COVERED
BY 
COLLECTIVE BARGAINING AGREEMENTS.—With re-
spect to a job opportunity that is not covered under 
a collective bargaining agreement: 
‘‘(A) STRIKE OR LOCKOUT.—The specific 
job opportunity for which the employer is re-
questing an H–2A worker is not vacant because 
the former occupant is on strike or being locked 
out in the course of a labor dispute. 
‘‘(B) TEMPORARY OR SEASONAL JOB OP-
PORTUNITIES.—The job opportunity is tem-
porary or seasonal. 
‘‘(C) BENEFIT, WAGE, AND WORKING CON-
DITIONS.—The employer will provide, at a min-
imum, the benefits, wages, and working condi-
tions required by section 218A to all workers 
employed in the job opportunities for which the 
employer has applied under subsection (a) and 
to all other workers in the same occupation at 
the place of employment. 
‘‘(D) 
NONDISPLACEMENT
OF
UNITED 
STATES WORKERS.—The employer did not dis-
place and will not displace a United States 
worker employed by the employer during the 
period of employment and for a period of 30 
days preceding the period of employment in the 
occupation at the place of employment for 
which the employer seeks approval to employ 
H–2A workers. 
‘‘(E) REQUIREMENTS FOR PLACEMENT OF 
NONIMMIGRANT
WITH
OTHER
EMPLOYERS.—
The employer will not place the nonimmigrant 
with another employer unless— 
‘‘(i) the nonimmigrant performs du-
ties in whole or in part at 1 or more work 
sites owned, operated, or controlled by 
such other employer; 
‘‘(ii) there are indicia of an employ-
ment 
relationship 
between 
the 
non-
immigrant and such other employer; and 
‘‘(iii) the employer has inquired of the 
other employer as to whether, and has no 
actual knowledge or notice that, during the 
period of employment and for a period of 
30 days preceding the period of employ-
ment, the other employer has displaced or 
intends to displace a United States worker 
employed by the other employer in the oc-
cupation at the place of employment for 
which the employer seeks approval to em-
ploy H–2A workers. 
‘‘(F) STATEMENT OF LIABILITY.—The ap-
plication form shall include a clear statement 
explaining the liability under subparagraph (E) 
of an employer if the other employer described
in such subparagraph displaces a United States 
worker as described in such subparagraph. 
‘‘(G) PROVISION
OF
INSURANCE.—If the 
job opportunity is not covered by the State 
workers’ compensation law, the employer will 
provide, at no cost to the worker, insurance cov-
ering injury and disease arising out of and in 
the course of the worker’s employment which 
will provide benefits at least equal to those pro-
vided under the State’s workers’ compensation 
law for comparable employment. 
‘‘(H) EMPLOYMENT
OF
UNITED
STATES 
WORKERS.— 
‘‘(i) RECRUITMENT.—The employer 
has taken or will take the following steps 
to recruit United States workers for the 
job opportunities for which the H–2A non-
immigrant is, or H–2A nonimmigrants are, 
sought: 
‘‘(I) 
CONTACTING
FORMER 
WORKERS.—The employer shall make 
reasonable efforts through the sending 
of a letter by United States Postal 
Service mail, or otherwise, to contact 
any United States worker the em-
ployer employed during the previous 
season in the occupation at the place 
of intended employment for which the 
employer is applying for workers and 
has made the availability of the em-
ployer’s job opportunities in the occu-
pation at the place of intended em-
ployment known to such previous 
workers, unless the worker was termi-
nated from employment by the em-
ployer for a lawful job-related reason 
or abandoned the job before the work-
er completed the period of employ-
ment of the job opportunity for which 
the worker was hired. 
‘‘(II) FILING A JOB OFFER WITH 
THE
LOCAL
OFFICE
OF
THE
STATE 
EMPLOYMENT
SECURITY
AGENCY.— 
Not later than 28 days before the 
date on which the employer desires to 
employ an H–2A worker in a tem-
porary or seasonal agricultural job op-
portunity, the employer shall submit a 
copy of the job offer described in sub-
section (a)(2) to the local office of the
State employment security agency 
which serves the area of intended em-
ployment and authorize the posting of 
the job opportunity on ‘America’s Job 
Bank’ or other electronic job registry, 
except that nothing in this subclause 
shall require the employer to file an 
interstate job order under section 653 
of title 20, Code of Federal Regula-
tions. 
‘‘(III) ADVERTISING OF JOB OP-
PORTUNITIES.—Not later than 14 
days before the date on which the em-
ployer desires to employ an H–2A 
worker in a temporary or seasonal ag-
ricultural job opportunity, the em-
ployer shall advertise the availability 
of the job opportunities for which the 
employer is seeking workers in a pub-
lication in the local labor market that 
is likely to be patronized by potential 
farm workers. 
‘‘(IV) 
EMERGENCY
PROCE-
DURES.—The 
Secretary 
of 
Labor 
shall, by regulation, provide a proce-
dure for acceptance and approval of 
applications in which the employer 
has not complied with the provisions 
of this subparagraph because the em-
ployer’s need for H–2A workers could 
not reasonably have been foreseen. 
‘‘(ii) JOB OFFERS.—The employer has 
offered or will offer the job to any eligible 
United States worker who applies and is 
equally or better qualified for the job for 
which the nonimmigrant is, or non-
immigrants are, sought and who will be 
available at the time and place of need. 
‘‘(iii) PERIOD OF EMPLOYMENT.—The 
employer will provide employment to any 
qualified United States worker who applies 
to the employer during the period begin-
ning on the date on which the foreign 
worker departs for the employer’s place of 
employment and ending on the date on 
which 50 percent of the period of employ-
ment for which the foreign worker who is 
in the job was hired has elapsed, subject to 
the following requirements:
‘‘(I) PROHIBITION.—No person 
or entity shall willfully and knowingly 
withhold United States workers before 
the arrival of H–2A workers in order 
to force the hiring of United States 
workers under this clause. 
‘‘(II) COMPLAINTS.—Upon re-
ceipt of a complaint by an employer 
that a violation of subclause (I) has 
occurred, the Secretary of Labor shall 
immediately investigate. The Sec-
retary of Labor shall, within 36 hours 
of the receipt of the complaint, issue 
findings concerning the alleged viola-
tion. If the Secretary of Labor finds 
that a violation has occurred, the Sec-
retary of Labor shall immediately sus-
pend the application of this clause 
with respect to that certification for 
that date of need. 
‘‘(III) PLACEMENT
OF
UNITED 
STATES
WORKERS.—Before referring 
a United States worker to an em-
ployer during the period described in 
the matter preceding subclause (I),
the Secretary of Labor shall make all 
reasonable efforts to place the United 
States worker in an open job accept-
able to the worker, if there are other 
job offers pending with the job service 
that offer similar job opportunities in 
the area of intended employment. 
‘‘(iv) STATUTORY
CONSTRUCTION.— 
Nothing in this subparagraph shall be con-
strued to prohibit an employer from using 
such legitimate selection criteria relevant 
to the type of job that are normal or cus-
tomary to the type of job involved so long 
as such criteria are not applied in a dis-
criminatory manner. 
‘‘(c) APPLICATIONS BY ASSOCIATIONS ON BEHALF 
OF EMPLOYER MEMBERS.— 
‘‘(1) IN GENERAL.—An agricultural association 
may file an application under subsection (a) on be-
half of 1 or more of its employer members that the 
association certifies in its application has or have 
agreed in writing to comply with the requirements of 
this section and sections 218A through 218C. 
‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS 
EMPLOYERS.—If an association filing an application
under paragraph (1) is a joint or sole employer of 
the temporary or seasonal agricultural workers re-
quested on the application, the certifications granted 
under subsection (e)(2)(B) to the association may be 
used for the certified job opportunities of any of its 
producer members named on the application, and 
such workers may be transferred among such pro-
ducer members to perform the agricultural services 
of a temporary or seasonal nature for which the cer-
tifications were granted. 
‘‘(d) WITHDRAWAL OF APPLICATIONS.— 
‘‘(1) IN GENERAL.—An employer may withdraw 
an application filed pursuant to subsection (a), ex-
cept that if the employer is an agricultural associa-
tion, the association may withdraw an application 
filed pursuant to subsection (a) with respect to 1 or 
more of its members. To withdraw an application, 
the employer or association shall notify the Sec-
retary of Labor in writing, and the Secretary of 
Labor shall acknowledge in writing the receipt of 
such withdrawal notice. An employer who withdraws 
an application under subsection (a), or on whose be-
half an application is withdrawn, is relieved of the 
obligations undertaken in the application.
‘‘(2) LIMITATION.—An application may not be 
withdrawn while any alien provided status under sec-
tion 101(a)(15)(H)(ii)(a) pursuant to such applica-
tion is employed by the employer. 
‘‘(3) OBLIGATIONS UNDER OTHER STATUTES.— 
Any obligation incurred by an employer under any 
other law or regulation as a result of the recruit-
ment of United States workers or H–2A workers 
under an offer of terms and conditions of employ-
ment required as a result of making an application 
under subsection (a) is unaffected by withdrawal of 
such application. 
‘‘(e) REVIEW AND APPROVAL OF APPLICATIONS.— 
‘‘(1) RESPONSIBILITY
OF
EMPLOYERS.—The 
employer shall make available for public examina-
tion, within 1 working day after the date on which 
an application under subsection (a) is filed, at the 
employer’s principal place of business or work site, 
a copy of each such application (and such accom-
panying documents as are necessary). 
‘‘(2) RESPONSIBILITY OF THE SECRETARY OF 
LABOR.— 
‘‘(A) COMPILATION
OF
LIST.—The Sec-
retary of Labor shall compile, on a current 
basis, a list (by employer and by occupational
classification) of the applications filed under 
this subsection. Such list shall include the wage 
rate, number of workers sought, period of in-
tended employment, and date of need. The Sec-
retary of Labor shall make such list available 
for examination in the District of Columbia. 
‘‘(B) REVIEW
OF
APPLICATIONS.—The 
Secretary of Labor shall review such an applica-
tion only for completeness and obvious inac-
curacies. Unless the Secretary of Labor finds 
that the application is incomplete or obviously 
inaccurate, the Secretary of Labor shall certify 
that the intending employer has filed with the 
Secretary of Labor an application as described 
in subsection (a). Such certification shall be 
provided within 7 days of the filing of the appli-
cation. 
‘‘H–2A EMPLOYMENT REQUIREMENTS 
‘‘SEC. 218A. (a) PREFERENTIAL TREATMENT
OF 
ALIENS PROHIBITED.—Employers seeking to hire United 
States workers shall offer the United States workers no 
less than the same benefits, wages, and working conditions 
that the employer is offering, intends to offer, or will pro-
vide to H–2A workers. Conversely, no job offer may im-
pose on United States workers any restrictions or obliga-
tions which will not be imposed on the employer’s H–2A 
workers. 
‘‘(b) MINIMUM BENEFITS, WAGES, AND WORKING 
CONDITIONS.—Except in cases where higher benefits, 
wages, or working conditions are required by the provi-
sions of subsection (a), in order to protect similarly em-
ployed United States workers from adverse effects with 
respect to benefits, wages, and working conditions, every 
job offer which shall accompany an application under sec-
tion 218(b)(2) shall include each of the following benefit, 
wage, and working condition provisions: 
‘‘(1) REQUIREMENT TO PROVIDE HOUSING OR A 
HOUSING ALLOWANCE.— 
‘‘(A) IN GENERAL.—An employer applying 
under section 218(a) for H–2A workers shall 
offer to provide housing at no cost to all work-
ers in job opportunities for which the employer 
has applied under that section and to all other 
workers in the same occupation at the place of 
employment, whose place of residence is beyond 
normal commuting distance. 
‘‘(B) TYPE
OF
HOUSING.—In complying 
with subparagraph (A), an employer may, at 
the employer’s election, provide housing that 
meets applicable Federal standards for tem-
porary labor camps or secure housing that 
meets applicable local standards for rental or 
public accommodation housing or other sub-
stantially similar class of habitation, or in the 
absence of applicable local standards, State 
standards for rental or public accommodation 
housing or other substantially similar class of 
habitation. In the absence of applicable local or 
State standards, Federal temporary labor camp 
standards shall apply. 
‘‘(C) FAMILY HOUSING.—When it is the 
prevailing practice in the occupation and area 
of intended employment to provide family hous-
ing, family housing shall be provided to workers 
with families who request it. 
‘‘(D) WORKERS ENGAGED IN THE RANGE 
PRODUCTION OF LIVESTOCK.—The Secretary of 
Labor shall issue regulations that address the 
specific requirements for the provision of hous-
ing to workers engaged in the range production 
of livestock. 
‘‘(E) LIMITATION.—Nothing in this para-
graph shall be construed to require an employer 
to provide or secure housing for persons who 
were not entitled to such housing under the
temporary labor certification regulations in ef-
fect on June 1, 1986. 
‘‘(F) CHARGES FOR HOUSING.— 
‘‘(i) CHARGES
FOR
PUBLIC
HOUS-
ING.—If public housing provided for mi-
grant agricultural workers under the aus-
pices of a local, county, or State govern-
ment is secured by an employer, and use of 
the public housing unit normally requires 
charges 
from 
migrant 
workers, 
such 
charges shall be paid by the employer di-
rectly to the appropriate individual or enti-
ty affiliated with the housing’s manage-
ment. 
‘‘(ii) DEPOSIT CHARGES.—Charges in 
the form of deposits for bedding or other 
similar incidentals related to housing shall 
not be levied upon workers by employers 
who provide housing for their workers. An 
employer may require a worker found to 
have been responsible for damage to such 
housing which is not the result of normal 
wear and tear related to habitation to re-
imburse the employer for the reasonable 
cost of repair of such damage.
‘‘(G) HOUSING
ALLOWANCE
AS
ALTER-
NATIVE.— 
‘‘(i) IN GENERAL.—If the requirement 
under clause (ii) is satisfied, the employer 
may provide a reasonable housing allow-
ance instead of offering housing under sub-
paragraph (A). Upon the request of a 
worker seeking assistance in locating hous-
ing, the employer shall make a good faith 
effort to assist the worker in identifying 
and locating housing in the area of in-
tended employment. An employer who of-
fers a housing allowance to a worker, or 
assists a worker in locating housing which 
the worker occupies, pursuant to this 
clause shall not be deemed a housing pro-
vider under section 203 of the Migrant and 
Seasonal Agricultural Worker Protection 
Act (29 U.S.C. 1823) solely by virtue of 
providing such housing allowance. No 
housing allowance may be used for housing 
which is owned or controlled by the em-
ployer. 
‘‘(ii) CERTIFICATION.—The require-
ment of this clause is satisfied if the Gov-
ernor of the State certifies to the Secretary 
of Labor that there is adequate housing 
available in the area of intended employ-
ment for migrant farm workers, and H–2A 
workers, who are seeking temporary hous-
ing while employed at farm work. Such 
certification shall expire after 3 years un-
less renewed by the Governor of the State. 
‘‘(iii) AMOUNT OF ALLOWANCE.— 
‘‘(I) NONMETROPOLITAN
COUN-
TIES.—If the place of employment of 
the workers provided an allowance 
under this subparagraph is a non-
metropolitan county, the amount of 
the housing allowance under this sub-
paragraph shall be equal to the state-
wide average fair market rental for 
existing housing for nonmetropolitan 
counties for the State, as established 
by the Secretary of Housing and 
Urban Development pursuant to sec-
tion 8(c) of the United States Hous-
ing Act of 1937 (42 U.S.C. 1437f(c)), 
based on a 2 bedroom dwelling unit
and an assumption of 2 persons per 
bedroom. 
‘‘(II) 
METROPOLITAN
COUN-
TIES.—If the place of employment of 
the workers provided an allowance 
under this paragraph is in a metro-
politan county, the amount of the 
housing allowance under this subpara-
graph shall be equal to the statewide 
average fair market rental for existing 
housing for metropolitan counties for 
the State, as established by the Sec-
retary of Housing and Urban Devel-
opment pursuant to section 8(c) of 
the United States Housing Act of 
1937 (42 U.S.C. 1437f(c)), based on 
a 2-bedroom dwelling unit and an as-
sumption of 2 persons per bedroom. 
‘‘(2) REIMBURSEMENT OF TRANSPORTATION.— 
‘‘(A) TO
PLACE
OF
EMPLOYMENT.—A 
worker who completes 50 percent of the period 
of employment of the job opportunity for which 
the worker was hired shall be reimbursed by the 
employer for the cost of the worker’s transpor-
tation and subsistence from the place from
which the worker came to work for the em-
ployer (or place of last employment, if the 
worker traveled from such place) to the place of 
employment. 
‘‘(B) FROM PLACE OF EMPLOYMENT.—A 
worker who completes the period of employment 
for the job opportunity involved shall be reim-
bursed by the employer for the cost of the 
worker’s transportation and subsistence from 
the place of employment to the place from 
which the worker, disregarding intervening em-
ployment, came to work for the employer, or to 
the place of next employment, if the worker has 
contracted with a subsequent employer who has 
not agreed to provide or pay for the worker’s 
transportation and subsistence to such subse-
quent employer’s place of employment. 
‘‘(C) LIMITATION.— 
‘‘(i) AMOUNT OF REIMBURSEMENT.— 
Except as provided in clause (ii), the 
amount of reimbursement provided under 
subparagraph (A) or (B) to a worker or 
alien shall not exceed the lesser of—
‘‘(I) the actual cost to the worker 
or alien of the transportation and sub-
sistence involved; or 
‘‘(II) the most economical and 
reasonable common carrier transpor-
tation charges and subsistence costs 
for the distance involved. 
‘‘(ii) DISTANCE TRAVELED.—No reim-
bursement under subparagraph (A) or (B) 
shall be required if the distance traveled is 
100 miles or less, or the worker is not re-
siding in employer-provided housing or 
housing secured through an allowance as 
provided in paragraph (1)(G). 
‘‘(D) EARLY TERMINATION.—If the worker 
is laid off or employment is terminated for con-
tract impossibility (as described in paragraph 
(4)(D)) before the anticipated ending date of 
employment, the employer shall provide the 
transportation and subsistence required by sub-
paragraph (B) and, notwithstanding whether 
the worker has completed 50 percent of the pe-
riod of employment, shall provide the transpor-
tation reimbursement required by subparagraph 
(A).
‘‘(E) TRANSPORTATION BETWEEN LIVING 
QUARTERS
AND
WORK
SITE.—The employer 
shall provide transportation between the work-
er’s living quarters and the employer’s work site 
without cost to the worker, and such transpor-
tation will be in accordance with applicable laws 
and regulations. 
‘‘(3) REQUIRED WAGES.— 
‘‘(A) IN GENERAL.—An employer applying 
for workers under section 218(a) shall offer to 
pay, and shall pay, all workers in the occupa-
tion for which the employer has applied for 
workers, not less (and is not required to pay 
more) than the greater of the prevailing wage 
in the occupation in the area of intended em-
ployment or the adverse effect wage rate. No 
worker shall be paid less than the greater of the 
hourly wage prescribed under section 6(a)(1) of 
the Fair Labor Standards Act of 1938 (29 
U.S.C. 206(a)(1)) or the applicable State min-
imum wage. 
‘‘(B) LIMITATION.—Effective on the date 
of enactment of the Agricultural Job Oppor-
tunity, Benefits, and Security Act of 2005 and 
continuing for 3 years thereafter, no adverse ef-
fect wage rate for a State may be more than 
the adverse effect wage rate for that State in 
effect on January 1, 2003, as established by 
section 655.107 of title 20, Code of Federal 
Regulations. 
‘‘(C) REQUIRED
WAGES
AFTER
3-YEAR 
FREEZE.— 
‘‘(i) FIRST
ADJUSTMENT.—If Con-
gress does not set a new wage standard 
applicable to this section before the first 
March 1 that is not less than 3 years after 
the date of enactment of this section, the 
adverse effect wage rate for each State be-
ginning on such March 1 shall be the wage 
rate that would have resulted if the ad-
verse effect wage rate in effect on January 
1, 2003, had been annually adjusted, be-
ginning on March 1, 2006, by the lesser 
of— 
‘‘(I) the 12 month percentage 
change in the Consumer Price Index 
for All Urban Consumers between De-
cember of the second preceding year 
and December of the preceding year; 
and
‘‘(II) 4 percent. 
‘‘(ii) SUBSEQUENT ANNUAL ADJUST-
MENTS.—Beginning on the first March 1 
that is not less than 4 years after the date 
of enactment of this section, and each 
March 1 thereafter, the adverse effect 
wage rate then in effect for each State 
shall be adjusted by the lesser of— 
‘‘(I) the 12 month percentage 
change in the Consumer Price Index 
for All Urban Consumers between De-
cember of the second preceding year 
and December of the preceding year; 
and 
‘‘(II) 4 percent. 
‘‘(D) DEDUCTIONS.—The employer shall 
make only those deductions from the worker’s 
wages that are authorized by law or are reason-
able and customary in the occupation and area 
of employment. The job offer shall specify all 
deductions not required by law which the em-
ployer will make from the worker’s wages. 
‘‘(E) FREQUENCY OF PAY.—The employer 
shall pay the worker not less frequently than 
twice monthly, or in accordance with the pre-
vailing practice in the area of employment, 
whichever is more frequent. 
‘‘(F) 
HOURS
AND
EARNINGS
STATE-
MENTS.—The employer shall furnish to the 
worker, on or before each payday, in 1 or more 
written statements— 
‘‘(i) the worker’s total earnings for 
the pay period; 
‘‘(ii) the worker’s hourly rate of pay, 
piece rate of pay, or both; 
‘‘(iii) the hours of employment which 
have been offered to the worker (broken 
out by hours offered in accordance with 
and over and above the three-quarters 
guarantee described in paragraph (4); 
‘‘(iv) the hours actually worked by the 
worker; 
‘‘(v) an itemization of the deductions 
made from the worker’s wages; and 
‘‘(vi) if piece rates of pay are used, 
the units produced daily. 
‘‘(G) REPORT ON WAGE PROTECTIONS.— 
Not later than June 1, 2007, the Comptroller 
General of the United States shall prepare and 
transmit to the Secretary of Labor, the Com-
mittee on the Judiciary of the Senate, and 
Committee on the Judiciary of the House of 
Representatives, a report that addresses— 
‘‘(i) whether the employment of H–2A 
or unauthorized aliens in the United States 
agricultural work force has depressed 
United States farm worker wages below 
the levels that would otherwise have pre-
vailed if alien farm workers had not been 
employed in the United States; 
‘‘(ii) whether an adverse effect wage 
rate is necessary to prevent wages of 
United States farm workers in occupations 
in which H–2A workers are employed from 
falling below the wage levels that would 
have prevailed in the absence of the em-
ployment of H–2A workers in those occu-
pations; 
‘‘(iii) whether alternative wage stand-
ards, such as a prevailing wage standard, 
would be sufficient to prevent wages in oc-
cupations in which H–2A workers are em-
ployed from falling below the wage level 
that would have prevailed in the absence of 
H–2A employment;