FARM Stability Act

This Act may be cited as the Farmworker Access and Retention Modernization Stability Act or the FARM Stability Act.

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).

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