Better Agriculture Resources Now Act; BARN Act
Summary
The Better Agriculture Resources Now Act (BARN Act) proposes reforms to the H-2A program for nonimmigrant agricultural workers. Key changes include shifting administrative responsibilities from the Secretary of Labor to the Secretary of Agriculture, streamlining the application process with a 15-day determination deadline, and modifying wage rate requirements. The act also addresses housing requirements, legal assistance availability, and consequences for violations of the program terms.
Expected Effects
The BARN Act aims to simplify and expedite the H-2A visa process for agricultural employers. This could lead to a more readily available workforce for the agricultural sector. The changes to housing allowances and legal assistance may impact worker welfare and legal recourse.
Potential Benefits
- Streamlined H-2A application process with a 15-day determination deadline.
- Potential for increased efficiency in agricultural labor management.
- Housing allowance option for employers in certain states.
- Limits on wage rate requirements, potentially reducing labor costs for employers.
- Clarification of housing requirements and inspection processes.
Potential Disadvantages
- Transferring authority to the Secretary of Agriculture may create conflicts of interest.
- Reduced timeframe for application review may lead to inadequate scrutiny.
- Changes to housing and legal assistance could negatively impact worker protections.
- Elimination of the 50-percent rule may disadvantage domestic workers seeking employment.
- The two month ineligibility to re-apply after two years may cause workforce disruptions.
Most Disadvantaged Areas:
Constitutional Alignment
The BARN Act primarily addresses immigration and labor regulations, falling under the purview of Congress's power to establish uniform rules of naturalization (Article I, Section 8). The modifications to the H-2A program do not appear to directly infringe upon individual rights enumerated in the Constitution or its amendments. However, the potential impact on worker protections warrants scrutiny to ensure alignment with principles of fairness and due process.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).