House Appropriators Include Key H-2A Program Reforms

On July 10, the House Appropriations Committee passed their annual funding bill for the Department of Labor and Health and Human Services (HHS).  Included in the final package are three key provisions that make needed reforms the H-2A program.   The key changes are highlighted below and were made by the Chair of the House Labor/HHS Appropriations Subcommittee, U.S. Congressman Robert Aderholt of Alabama. 

Mike McCormick, MFBF President, stated, “We owe a debt of gratitude to our friends in Alabama for making sure Chairman Aderholt knows how important these issues are to our H-2A users.  Chairman Aderholt was able to secure language that freeze the AEWR for a two-year period of time, a provision that “defunds” the “truck driver rule”, and a provision that “defunds” the “worker protections rule”.  We realize this is the first step in a long process, but we are excited that we have some base text to work from as we talk to Senate Appropriators.”

  Bill text in the Labor/HHS bill is included below:

• SEC. 118. For the 2-year period beginning on the date of the enactment of this Act, the Adverse Effect Wage Rate in effect under 20 CFR 655.120(b) shall be the Adverse Effect Wage Rate in effect on January 31, 2023.

• SEC. 119. None of the funds made available by this Act may be used to administer, implement, or enforce—

(1) the final rule entitled ‘‘Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States’’, (88 Fed. Reg. 12760 (effective March 30, 2023); 

(2) 20 CFR 655.131(b) (relating to joint employer requirements); or

(3) the final rule entitled ‘‘Improving Protections for Workers in Temporary Agricultural Employment in the United States’’, (89 Fed. Reg. 24 33898 (effective June 28, 2024).