[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1778 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1778
To reform the H-2A program for nonimmigrant agricultural workers, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 24, 2023
Mr. Allen introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To reform the H-2A program for nonimmigrant agricultural workers, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as--
(1) the ``Better Agriculture Resources Now Act''; or
(2) the ``BARN Act''.
SEC. 2. H-2A PROGRAM REFORMS.
(a) Definition of Agricultural Labor or Services.--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--
(1) by striking ``Secretary of Labor'' and inserting
``Secretary of Agriculture'';
(2) by striking ``and the pressing'' and inserting ``the
pressing''; and
(3) by striking ``of a temporary'' and all that follows
through the end and inserting ``, and the handling, planting,
drying, packing, packaging, processing, freezing, grading,
storing, or delivering to storage or to market or to a carrier
for transportation to market, in its unmanufactured state, any
agricultural or horticultural commodity, or''.
(b) Administering Official.--Section 218 of such Act (8 U.S.C.
1188) is amended by striking ``Secretary of Labor'' each place such
term appears and inserting ``Secretary of Agriculture''.
(c) Deemed Approval.--Section 218(c)(3)(A) of such Act (8 U.S.C.
1188(c)(3)(A)) is amended by inserting before ``In considering'' the
following: ``The Secretary of Agriculture shall review such application
and shall provide a determination on the application within 15 days of
the date of the filing of the application. If the Secretary does not
comply with the deadline in the preceding sentence, the application
shall be deemed approved.''.
(d) Experience Requirement.--Section 218(c)(3)(A) of such Act (8
U.S.C. 1188(c)(3)(A)), as amended by subsection (c), is further amended
by adding at the end the following: ``A job offer may contain an
experience requirement as long as work performed in an illegal status
may not be counted towards such requirement.''.
(e) Elimination of 50-Percent Rule.--Section 218(c)(3) of such Act
(8 U.S.C. 1188(c)(3)) is amended--
(1) by striking ``(A)'';
(2) by striking subparagraph (B); and
(3) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B).
(f) Wage Rate.--Section 218(a)(1)(B) of such Act (8 U.S.C.
1188(a)(1)(B)) is amended by striking the period at the end and
inserting ``, except that no employer shall be required to pay a wage
rate greater than 115 percent of the greatest of the Federal and State
minimum wage rates.''.
(g) Deadline for Filing Applications.--Section 218(c)(1) of such
Act (8 U.S.C. 1188(c)(1)) is amended by striking ``45'' and inserting
``30''.
(h) Period of Authorized Nonimmigrant Status.--Section 218(h) of
such Act (8 U.S.C. 1188(h)) is amended by adding at the end the
following:
``(3) The initial period of authorized status as a nonimmigrant
described in section 101(a)(15)(H)(ii)(a) shall not exceed 1 year. Such
period may be extended once by the Secretary of Homeland Security for a
period of up to 1 year, except that such extension may be granted only
if the Secretary of Agriculture determines that the employer has
engaged in the positive recruitment efforts described in subsection
(b)(4) (including the obligation to circulate the employer's job offer
through the interstate employment service system). In the case of a
nonimmigrant who has remained in the United States for the full 2-year
period, the nonimmigrant shall be obliged to depart the United States
and shall not be eligible to re-apply for a visa to re-enter the United
States as such a nonimmigrant for a period of 2 months. If at any time
during a period of authorized admission the alien has a work lapse
period of 60 days or more, the visa of the alien shall be deemed
revoked and the alien shall be required to depart from the United
States, except that if an employer has applied for a certification
under subsection (a)(1) with respect to an alien who has a work lapse
of 60 days or less, such period shall not begin until after the
Secretary has made a determination on the application consistent with
subsection (c).''.
(i) Housing.--Section 218(c)(4) of such Act (8 U.S.C. 1188(c)(4))
is amended to read as follows:
``(4) Housing requirement.--
``(A) In general.--Except as provided under
subparagraph (F), each employer applying for workers
under subsection (b) shall offer to provide housing at
no cost to--
``(i) all workers in job opportunities for
which the employer has applied; and
``(ii) all other workers in the same
occupation at the same place of employment
whose place of residence is beyond normal
commuting distance.
``(B) Compliance.--An employer meets the
requirement under subparagraph (A) if the employer--
``(i) provides the workers with housing
that meets applicable Federal standards for
temporary labor camps; or
``(ii) secures housing for the workers
that--
``(I) meets applicable local
standards for rental or public
accommodation housing, or other
substantially similar class of
habitation; or
``(II) in the absence of applicable
local standards, meets State standards
for rental or public accommodation
housing or other substantially similar
class of habitation.
``(C) Inspection.--
``(i) Request.--At the time an employer
that plans to provide housing described in
subparagraph (B) to H-2A workers files an
application for H-2A workers with the Secretary
of Agriculture, the employer shall request a
certificate of inspection by an approved
Federal or State agency.
``(ii) Inspection; followup.--Not later
than 28 days after the receipt of a request
under clause (i), the Secretary of Agriculture
shall ensure that--
``(I) such an inspection has been
conducted; and
``(II) any necessary followup has
been scheduled to ensure compliance
with the requirements under this
paragraph.
``(iii) Delay prohibited.--The Secretary of
Agriculture may not delay the approval of an
application for failing to comply with the
deadlines set forth in clause (ii).
``(D) Rulemaking.--The Secretary of Agriculture
shall issue regulations that address the specific
requirements for the provision of housing to workers
engaged in the range production of livestock.
``(E) Housing allowance.--
``(i) Authority.--If the Governor of a
State certifies to the Secretary of Agriculture
that there is adequate housing available in the
area of intended employment for migrant farm
workers and H-2A workers who are seeking
temporary housing while employed in
agricultural work, an employer in such State
may provide a reasonable housing allowance
instead of offering housing pursuant to
subparagraph (A). An employer who provides a
housing allowance to a worker shall not be
required to reserve housing accommodations for
the worker.
``(ii) Assistance in locating housing.--
Upon the request of a worker seeking assistance
in locating housing, an employer providing a
housing allowance under clause (i) shall make a
good faith effort to assist the worker in
identifying and locating housing in the area of
intended employment.
``(iii) Limitation.--A housing allowance
may not be used for housing that is owned or
controlled by the employer. An employer who
offers a housing allowance to a worker, or
assists a worker in locating housing which the
worker occupies under this subparagraph shall
not be deemed a housing provider under section
203 of the Migrant and Seasonal Agricultural
Worker Protect Act (29 U.S.C. 1823) solely by
virtue of providing such housing allowance.
``(iv) Other requirements.--
``(I) Nonmetropolitan county.--If
the place of employment of the workers
provided an allowance under this
subparagraph is a nonmetropolitan
county, the amount of the housing
allowance under this subparagraph shall
be equal to the statewide 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 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 assumption of 2
persons per bedroom.
``(II) Metropolitan county.--If the
place of employment of the workers
provided an allowance under this
subparagraph is in a metropolitan
county, the amount of the housing
allowance under this subparagraph shall
be equal to the statewide average fair
market rental for existing housing for
metropolitan counties for the State, as
established by the Secretary of Housing
and Urban Development 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 assumption of 2
persons per bedroom.
``(v) Information.--If the employer
provides a housing allowance to H-2A employees,
the employer shall provide a list of the names
and local addresses of such workers to the
Secretary of Agriculture and the Secretary of
Homeland Security once per contract period.''.
(j) Legal Assistance From the Legal Services Corporation.--Section
218(h) of such Act (8 U.S.C. 1188(h)), as amended by subsection (h) of
this Act, is further amended by adding at the end the following:
``(4)(A) The Legal Services Corporation may not provide legal
assistance for, or on behalf of, any alien, and may not provide
financial assistance to any person or entity that provides legal
assistance for, or on behalf of, any alien, unless--
``(i) the alien is present in the United States at the time
the legal assistance is provided; and
``(ii) the parties to the dispute have attempted, in good
faith, mediation or other non-binding dispute resolution of all
issues involving all such parties.
``(B) If an employer and a nonimmigrant having status under section
101(a)(15)(H)(ii)(a) have an arbitration arrangement, the Legal
Services Corporation shall respect the arbitration process and outcome.
``(C) No employer of a nonimmigrant having status under section
101(a)(15)(H)(ii)(a) shall be required to permit any recipient of a
grant or contract under section 1007 of the Legal Services Corporation
Act (42 U.S.C. 2996f), or any employee of such a recipient, to enter
upon the employer's property, unless such recipient or employee has a
pre-arranged appointment with a specific nonimmigrant having such
status.''.
(k) Effect of Violations While in United States.--Section 218(f) of
such Act (8 U.S.C. 1188(f)) is amended to read as follows:
``(f) Effect of Violations.--
``(1) Overstays.--An alien may not be admitted to the
United States as a nonimmigrant having status under section
101(a)(15)(H)(ii)(a) if the alien was admitted to the United
States as such a nonimmigrant within the previous 5-year period
and the alien remained after the alien's period of authorized
admission expired or otherwise violated a term or condition of
such previous admission.
``(2) Fraud.--An alien may not be admitted to the United
States as a nonimmigrant having status under section
101(a)(15)(H)(ii)(a) if the alien was admitted to the United
States as such a nonimmigrant on the basis of fraud.
``(3) Other crimes.--An alien may not be admitted to the
United States as a nonimmigrant having status under section
101(a)(15)(H)(ii)(a) if the alien was admitted to the United
States as such a nonimmigrant and committed an offense that
rendered the alien deportable while in the United States
pursuant to such admission.
``(4) Employer bar.--The Secretary of Agriculture may not
issue a certification under subsection (a) with respect to an
employer if the Secretary finds, after notice and an
opportunity for a hearing, that the employer knowingly hired an
H-2A worker whose period of authorized admission had expired or
that the employer otherwise engaged in fraud or
misrepresentation with respect to the program for the admission
of such workers into the United States. The Secretary of
Homeland Security shall not thereafter approve petitions filed
by such employer under section 214(c). An employer that
establishes that it has complied in good faith with the
requirements of this Act has established an affirmative defense
in an action brought under this paragraph.''.
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