S.Amdt. 3487

SA 3487. Mr. MERKLEY (for himself and Mr. Wyden) submitted an
amendment intended to be proposed to amendment SA 3399 proposed by Mr.
Shelby to the bill H.R. 6147, making appropriations for the Department
of the Interior, environment, and related agencies for the fiscal year
ending September 30, 2019, and for other purposes; which was ordered to
lie on the table; as follows:

At the appropriate place in division A, insert the
following:

SEC. __. REFORMS AND OVERSIGHT TO U.S. FOREST SERVICE
CONTRACTING.

(a) Definitions.--In this section:
(1) H-2B nonimmigrant.--The term ``H-2B nonimmigrant''
means a nonimmigrant described in section
101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(H)(ii)(b)).
(2) Prospective h-2b employer.--The term ``prospective H-2B
employer'' means a United States business that is considering
employing 1 or more H-2B nonimmigrants.
(3) State workforce agency.--Except as used in subsection
(b), the term ``State workforce agency'' means the workforce
agency of the State in which the prospective H-2B employer
intends to employ H-2B nonimmigrants.
(b) Department of Labor.--
(1) Recruitment.--As a component of the labor certification
process required before H-2B nonimmigrants are offered
employment through United States Forest Service timber or
service contracts in the United States, the Secretary of
Labor shall require all prospective H-2B employers, before
submitting a petition to hire H-2B nonimmigrants, to conduct
a robust effort to recruit United States workers, including--
(A) advertising at employment or job-placement events, such
as job fairs;
(B) advertising with State or local workforce agencies,
nonprofit organizations, or other appropriate entities, and
working with such entities to identify potential employees;
(C) advertising in appropriate media, including local radio
stations and commonly used, reputable Internet job-search
sites;
(D) provide potential United States workers at least 30
days from the date on which a job announcement is posted (or
such longer period as the State workforce considers
appropriate) to apply for such employment in person, by mail,
by email, or by facsimile machine;
(E) include a valid phone number that potential United
States workers may call to get additional information about
such employment opportunity; and
(F) such other recruitment strategies as the State
workforce agency considers appropriate for the sector or
positions for which H-2B nonimmigrants would be considered.
(2) Separate petitions.--A prospective H-2B employer shall
submit a separate petition for each State in which the
employer plans to employ H-2B nonimmigrants as part of a
United States Forest Service timber or service contract for a
period of 7 days or longer.
(c) State Workforce Agencies.--The Secretary of Labor may
not grant a temporary labor certification to a prospective H-
2B employer seeking to employ H-2B nonimmigrants as part of a
United States Forest Service timber or service contract until
after the Director of the State workforce agency--
(1) has provided United States workers who may be
interested in the position with application instructions;
(2) has formally consulted with the workforce agency
director of each contiguous State listed on the prospective
H-2B employer's application and determined that--
(A) the employer has complied with all recruitment
requirements set forth in subsection (b) and there is a
legitimate demand for the employment of H-2B nonimmigrants in
each of those States; or
(B) the employer has amended the application by removing or
making appropriate modifications with respect to the States
in which the criteria set forth in subparagraph (A) have not
been met;
(3) certifies that the prospective H-2B employer has
complied with all recruitment requirements set forth in
subsection (b) or any other applicable provision of law; and
(4) makes a formal determination and certifies to the
Secretary of Labor that nationals of the United States are
not qualified or available to fill the employment
opportunities offered by the prospective H-2B employer.
(d) Supplemental Fee.--
(1) Establishment.--Except as provided in paragraph (3),
the Administrator of the Wage and Hour Division of the
Department of Labor shall collect a supplemental fee from
each prospective H-2B employer in conjunction with each
petition for labor certification under section 212(a)(5) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)).
(2) Amount.--The Secretary of Labor shall determine the
amount of the fee collected under paragraph (1) based on the
estimated costs to carry out this section.
(3) Waiver.--The fee authorized under paragraph (1) shall
be waived on behalf of any prospective H-2B employer that,
during the 3 fiscal years immediately preceding the filing of
a petition for labor certification, did not commit a major
violation of--
(A) the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.);
(B) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.); or
(C) the Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.).
(4) Effective date.--The fee authorized under paragraph (1)
shall be collected beginning on the first day of the first
fiscal year beginning after the date of the enactment of this
Act.
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