By Jessica Domel
Multimedia Reporter

With the backing of more than 400 agricultural groups, and with nearly 50 Congressional co-sponsors, House Agriculture Committee Chairman Glenn “GT” Thompson (R-PA) officially introduced his agricultural labor legislation, Securing Agriculture’s Workforce Act (SAWA), Tuesday, June 30.

“It’s time to bring the H-2A program into the 21st Century,” Thompson said. “Producers have been sounding the alarm for years that Congress needs to address the workforce crisis we have on our hands in farm country. The H-2A visa program is woefully outdated, and it no longer meets the needs of American agricultural production.”

The H-2A temporary guestworker visa program is the only visa program designed specifically for agricultural work in the U.S.

The program was created in 1986 and has remained largely untouched for 40 years except for regulatory actions limited by the outdated statute.

“This bill (SAWA) is years in the making, and its reforms are long overdue. Congress has not updated the H-2A visa program since Ronald Reagan was president of the United States,” Thompson said. “If you ask anyone who uses the program, they’ll say you can tell that based on the program.”

SAWA is modeled after the recommendations made by the U.S. House Agriculture Committee’s bipartisan Agricultural Labor Working Group last Congress.

“There are three main categories of reforms within the Securing Agriculture’s Workforce Act: expanding access, controlling costs and streamlining the overall process,” Thompson said.

SAWA would allow temporary workers to remain on the job for up to 350 days, which would give dairies greater access to the H-2A program.

Current statute dictates that H-2A visas are for workers who come to the U.S. to preform ag labor or services of a seasonal or temporary nature.

In the past, regulations have strictly defined that to mean the length of the job contract is limited to 10 months and the job must be both seasonal and temporary, which prevented dairy farmers from using the program as their labor needs are year-round.

SAWA would remove the requirement that work also be seasonal.

It would clarify that temporary is in relation to the length of the job contract, which would be at a maximum of 350 days.

The authority to define ag labor and services under the statute would also be switched to the U.S. Secretary of Agriculture rather than the U.S. Secretary of Labor.

SAWA expands how agricultural industries can utilize H-2A workers. Controlled environment agriculture, forestry, aquaculture and the harvest of livestock would be eligible for the program.

According to documents from Thompson, SAWA also limits disruptions to the food supply by providing an opportunity for existing unauthorized agricultural workers to gain access to the program if they are otherwise eligible and can meet requirements, which include background checks and an in-person interview, of the H-2A program. The legislation does not include a pathway to citizenship.

The legislation would also limit excessive or irrelevant federal fees to participate in the H-2A program, making it more affordable.

It would codify the Department of Labor’s improved wage methodology and establish safeguards to prevent unpredictable Adverse Effect Wage Rate (AEWR) fluctuations and affirm H-2A workers are essential.

SAWA would establish a housing adjustment from the Labor Department’s Interim Final Rule as a daily charge instead of an hourly rate, which Thompson’s summary says is more fair to workers that perform more than 40 hours of work per week.

The housing adjustment adjusts the wage rate to reflect free housing farmers are required to provide H-2A workers to level the playing field with other workers who do not receive the same benefit.

The legislation would also limit wage rate fluctuations year-over-year so as not to exceed a 3.5% increase or a 1.5% decrease.

SAWA would also reduce compliance costs by allowing multi-year labor certifications and housing inspections, per Thompson’s bill summary.

The legislation mandates the creation of an online platform so all interaction and correspondence between employers, workers and relevant agencies can occur in a timely manner.

It also clarifies the roles of various federal agencies to prevent duplication of work and to create consistency in interpretation and implementation of procedures.

The legislation is supported by both the American Farm Bureau Federation and Texas Farm Bureau (TFB).

“Farmers and ranchers across the country are facing ongoing labor challenges, and the current H-2A program is outdated, costly and difficult to navigate,” TFB President Russell Boening said. “This bill provides common sense reforms that expand access to a reliable workforce, reduce unnecessary burdens and offer flexibility for year-round operations.”

The legislation awaits consideration by the U.S. House Judiciary Committee.

“Strengthening our agricultural workforce is critical to maintaining a secure and affordable food supply, and this legislation is an important step in the right direction,” Boening said.

There is not yet a companion bill in the U.S. Senate.

The full text of the legislation is available here.

A summary is available here.