Section 1 Short titles
This Act may be cited as the “Farmworker Access and Retention Modernization Stability Act” or the “FARM Stability Act”.
Farmworker Access and Retention Modernization Stability Act
A BILL
To authorize, if applicable, the Secretary of Labor to annually establish a 2-tiered wage rate for H–2A workers that distinguishes between entry-level and experience-level workers and to annually establish a compensation adjustment factor to account for the value of housing provided to H–2A workers.
Sec. 2 Annual wage rates and adjustments for H–2A workers
Section 218(a) of the Immigration and Nationality Act (8 U.S.C. 1188(a)) is amended by adding at the end the following:
“(3) If the Secretary of Labor determines a minimum wage rate other than the Federal or State minimum wage rate applicable to agricultural employment is required to be paid to H–2A workers, the Secretary shall—
“(A) annually establish a 2-tiered wage rate based on the skill level required for H–2A occupations that—
“(i) classifies positions requiring entry-level workers as Skill Level I;
“(ii) classifies positions requiring experience-level workers with formal education, training certificates, or significant experience in agricultural operations as Skill Level II; and
“(iii) sets the wage rate for Skill Level II H–2 A workers higher than the wage rate for Skill Level I H–2A workers; and
“(B) account for the value of housing provided to H–2A workers by—
“(i) annually establishing a compensation adjustment factor to the wage rate established for each State pursuant to subparagraph (A);
“(ii) computing such compensation adjustment factor as an equivalent hourly rate based on the weighted statewide average of fair market rents for a 4-bedroom housing unit available from the Department of Housing and Urban Development; and
“(iii) keeping such compensation adjustment factor at or below 30 percent of the relevant wage rate established pursuant to subparagraph (A).”