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July, 26 2018

House Appropriators Score Win for Horse Industry, Advance H-2B Visa Cap Relief!

On July 25, the House Appropriations Committee convened a mark-up for the Fiscal Year (FY) 2019 Appropriations for the Department of Homeland Security (DHS).  By voice vote, the committee approved an amendment that exempts returning workers from the 66,000 statutory cap imposed on the H-2B guest worker visa program, providing much needed H-2B visa cap relief advocated by the horse industry and its allies.  The amendment, offered by Congressional Horse Caucus Members Rep. Andy Harris, MD (R-MD) and Rep. Dutch Ruppersberger (D-MD), among others, applies to workers who have received guest worker visas during the previous two years.  Additionally, the provision also establishes a visa allocation system that disburses work permits on a quarterly basis.  Lawmakers believe that the quarterly system will create more flexibility for employers whose labor demands do not align with the semi-annual allocation system, whereby DHS awards permits on April 1 and October 1.  The horse industry and its allies in the H-2B Coalition fight for a variety of flexibility measures, including a straight-forward increase in the visa cap, or generous exemptions from the statutory cap, such as those for returning workers. 

Pointing to another flexibility measure, Rep. Harris (R-MD) released a statement explaining the importance of a provision that allocates visas on a “proportional” rather than a “winner take all” basis.  Under this provision, DHS would award a portion of all timely, requested visas to all applicants, even in the event that “the higher limits authorized by [the] amendment are not enough to satisfy all the needs in a given year.”  To view a copy of Rep. Harris’s statement, please click here:  https://harris.house.gov/media/press-releases/house-appropriations-committee-approves-harris-language-repairing-h-2b-visa.   

While the House spending bill advances the goal of effectively raising the H-2B visa cap, the Senate version of the bill doesn’t address the H-2B visa issue, setting up an item to be negotiated during a House and Senate conference.  Although lawmakers intend to finalize their spending measures before the current FY ends on September 30, this is a deadline that Congress rarely meets.   As in years past, Congress may pass a series of “continuing resolutions” to fund the federal government.  AHC will keep you posted on developments related to the H-2B measure as the FY2019 appropriations process moves forward.  To view a copy of the three-page amendment, please click here: https://www.horsecouncil.org/wp-content/uploads/2018/07/HARRMD_037_xml-offered-2-1.pdf

If you’d like more information related to the guest worker issue, including ongoing grassroots outreach from the horse industry, please contact Bryan Brendle at bbrendle@horsecouncil.org or 202-296-4031. 

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June 21, 2018

House Lawmakers Pass Ag Legislation, Boost Animal Health Programs

In the wake of a failed vote on the 2018 farm bill on May 18 – largely precipitated by controversy surrounding unrelated immigration policy issues - on June 21, House lawmakers revisited the legislation and finally passed the Agriculture and Nutrition Act of 2018 (H.R. 2) by a vote of 213 to 211.  Since Senate Majority Leader Mitch McConnell (R-KY) announced that he plans to pass companion legislation in the upper chamber before July 4, Congress appears to be poised to finalize a bill prior to expiration of Department of Agriculture (USDA) programs on September 30.  During meetings on Capitol Hill the week of June 11, multiple senate offices echoed a commitment to the deadline, reminding members of the horse industry that the chamber is prepared to work into the August recess to complete its legislative business prior to the mid-term elections in the fall.         

Fortunately for the horse industry, the $868 billion, five-year package includes provisions addressing some of AHC’s top priorities:  authorization of a new National Animal Disaster Preparedness and Response (NADPR) program; additional support for the National Animal Health Laboratory Network; and creation of the National Animal Health Vaccine Bank that will prioritize risks posed by Foot and Mouth Disease (FMD), among other threats. 

A preliminary review of the bill shows that although lawmakers generally met industry’s full funding request - totaling $250 million for the priority issues outlined above - for FY2019 only, the bill reduces those funds during subsequent fiscal years.  For example, the horse industry and its partners requested $70 million each year to fund the NADPR, but received $30 million for 2020 and beyond.  Fortunately for the horse industry, the final bill authorizes $150 million for a “priority FMD vaccine bank,” opening the door for funding vaccines that will mitigate other diseases.

AHC will continue to advocate for industry priorities as the legislation moves forward.  To view a copy of the legislation, please click here: https://www.congress.gov/115/bills/hr2/BILLS-115hr2rh.pdf.   

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On Friday, June 8, the House of Representatives approved H.R. 5895, the Fiscal Year (FY) 2019 Energy and Water, Legislative Branch, and Military Construction and Veterans Affairs (VA) Appropriations Act.  Per an amendment offered by Rep. Andy Barr (R-KY), the House bill increases funds for Equine Assisted Activities and Therapies (EAAT) by $5 million.  Specifically, the Barr amendment directs appropriators to “transfer $5 million from the VA’s Health Administration’s (VHA) Medical Community Care Account to the Medical Services Account for the explicit use for the VA’s Adaptive Sports Grant (ASG) program, equine assisted therapy.” On Monday, June 4, AHC sent a letter of support to House Rules Committee Chairman Pete Sessions (R-TX) urging the committee to rule the Barr amendment “in order” so that it could be adopted on the House floor.

By way of background, Congress has already endorsed robust EAAT measures by approving increased funds for EAAT within the FY2018 omnibus.  By approving the Barr Amendment to FY 2019 appropriations, Congress re-enforces an important commitment to our nation’s warriors when they return from combat.  According to a clinical study conducted in conjunction with Columbia University, an estimated 14% to 30% of U.S. veterans suffer from Post-Traumatic Stress Disorder (PTSD).  Congress can help mitigate PTSD by boosting EAAT. 

The U.S. horse industry employs nearly one million Americans and contributes $122 billion to Gross Domestic Product (GDP).  EAAT programs not only provide valuable services for U.S. veterans, but the operations also support jobs for a growing number of working Americans, and “second careers” for horses who would otherwise retire from racing or other working roles.  According to a 2017 economic impact study, EAAT supports more than 6,700 jobs and generates $311.7 million in annual revenues in the U.S.  If you have questions related to AHC’s support for Rep. Barr’s Amendment to H.R. 5895, please contact Bryan Brendle, AHC’s Director of Policy and Legislative Affairs, at 202-296-4031. 

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Following several weeks of tense discussions between Congress and the Administration, on June 1 the Department of Homeland Security (DHS) published a final rule in the Federal Register authorizing issuance of 15,000 additional H-2B visas for the remainder of Fiscal Year (FY) 2018.  As reported this spring, Congress authorized the Department of Homeland Security (DHS) to raise its cap on H-2B temporary worker visas from the current cap of 66,000 to 129,500 visas for FY2018 within the context of the omnibus appropriations law passed in late March.  DHS states that by issuing 15,000 extra H-2B visas – significantly below the additional 63,500 authorized by the FY2018 omnibus - the agency will prioritize employers who demonstrate that they would suffer “irreparable harm” to their business unless they are able to hire additional seasonal workers during the summer and fall 2018 seasons.  DHS further states that it seeks to avoid possible abuse of the H-2B program by limiting the pool of extra visas to 15,000.    

According to the rule, DHS punts the broader temporary worker shortage issue to Congress, urging lawmakers to reform the Immigration and Nationality Act, which establishes the H-2B visa program.  During the course of the extended back-and-forth discussions between the legislative and executive branches this spring, DHS claims that only congressional action can provide long-term certainty with respect to the issuance of more guest worker visas.  According to federal regulators, addressing worker shortages through the annual appropriations process fails to create certainty, undercutting the ability of the business community to plan long-term.        

Since moving forward with a limited cap increase, DHS’s United States Citizenship and Immigration Service (USCIS) has outlined some practical considerations for filing an H-2B petition per the new regulation: 

  • An employer “must meet all existing H-2B eligibility requirements,” which includes receipt of “an approved temporary labor certification (TLC) from the Department of Labor (DOL) that is valid for the entire employment period stated on the petition.”  DHS reminds employers that “the employment start date on the petition must match the employment start date on the TLC, even if that date has passed.”
  • Employers must also “conduct a fresh round of recruitment for U.S. workers if the TLC contains a start date of work before April 15, 2018.”
  • And finally, a business must “submit an attestation on Form ETA 9142-B-CAA-2 (PDF)in which the petitioner affirms, under penalty of perjury, its business will likely suffer irreparable harm if it cannot hire all the requested H-2B workers before the end of the fiscal year.”  The agency provides Form ETA 9142-B-CAA-2 Instructions (PDF) to properly complete the attestation.
  • DHS further states that it “will not accept” an “expired ETA 9142-B-CAA from fiscal year 2017.” The agency will reject any “petition that does not include the new ETA 9142-B-CAA-2 attestation form for fiscal year 2018.” 

Recognizing the time constraints associated with the application process, DHS states that it will “adjudicate” applications within 15 calendar days for employers opting for “premium processing,” and 30 days for standard applications.  To learn more about how to fast-track an H-2B visa application, please click on the following link:  https://www.uscis.gov/forms/how-do-i-use-premium-processing-service. The unprecedented demand for guest worker visas this year will create a narrow time frame in which to submit an application.   

As details unfold related to practical considerations associated with the new rule, AHC will continue to inform members about developments and helpful anecdotes for members who are considering moving forward with summer applications. 

As a reminder, AHC will be conducting a panel discussion featuring congressional and industry experts on Tuesday, June 12, in Washington, D.C., as part of the association’s annual meeting.   To view a copy of the final rule, click here:  https://www.gpo.gov/fdsys/pkg/FR-2018-05-31/pdf/2018-11732.pdf.  To learn more about guest worker visas and broader immigration policy developments, please contact AHC’s Bryan Brendle at bbrendle@horsecouncil.org or 202-296-4031. 

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On May 23, Sen. Ben Sasse (R-NE) introduced the ‘‘Transporting Livestock Across America Safely Act,” in an effort to insulate the livestock industry from the changes facing the commercial trucking industry.  In it the Secretary of Transportation shall amend the federal regulations to ensure that a driver transporting livestock or insects within a 300 air-mile radius from the point at which the driver begins the trip shall exclude all time spent;

  1. at a plant, terminal, facility, or other property of a motor carrier or shipper or on any public property during which the driver is waiting to be dispatched;
  2. loading or unloading a commercial motor vehicle;
  3. supervising or assisting in the loading or unloading of a commercial motor vehicle;
  4. attending to a commercial motor vehicle while the vehicle is being loaded or unloaded;
  5. remaining in readiness to operate a commercial motor vehicle; and
  6. giving or receiving receipts for shipments loaded or unloaded;

Also, the driving time is modified to a maximum of not less than 15, and not more than 18, hours within a 24-hour period, wherein the driver may take 1 or more rest periods during the trip, which shall not be included in the calculation of the driving time. After completion of the trip, the driver shall be required to take a rest break for a period that is 5 hours less than the total driving time (10 hour rest for a 15 hour trip).

Finally, if the driver is within 150 air-miles of the point of delivery, any additional driving to that point of delivery shall not be included in the calculation of the driving time; and the 10-hour rest period that currently exists shall not apply prior to unloading.

The American Horse Council will continue to work to limit unnecessary regulatory burden on the horse industry while encouraging legislation that protects the health, welfare and safety of America’s horses and drivers.

Please contact Cliff Williamson at the American Horse Council with any questions.

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July, 26 2018

House Appropriators Score Win for Horse Industry, Advance H-2B Visa Cap Relief!

On July 25, the House Appropriations Committee convened a mark-up for the Fiscal Year (FY) 2019 Appropriations for the Department of Homeland Security (DHS).  By voice vote, the committee approved an amendment that exempts returning workers from the 66,000 statutory cap imposed on the H-2B guest worker visa program, providing much needed H-2B visa cap relief advocated by the horse industry and its allies.  The amendment, offered by Congressional Horse Caucus Members Rep. Andy Harris, MD (R-MD) and Rep. Dutch Ruppersberger (D-MD), among others, applies to workers who have received guest worker visas during the previous two years.  Additionally, the provision also establishes a visa allocation system that disburses work permits on a quarterly basis.  Lawmakers believe that the quarterly system will create more flexibility for employers whose labor demands do not align with the semi-annual allocation system, whereby DHS awards permits on April 1 and October 1.  The horse industry and its allies in the H-2B Coalition fight for a variety of flexibility measures, including a straight-forward increase in the visa cap, or generous exemptions from the statutory cap, such as those for returning workers. 

Pointing to another flexibility measure, Rep. Harris (R-MD) released a statement explaining the importance of a provision that allocates visas on a “proportional” rather than a “winner take all” basis.  Under this provision, DHS would award a portion of all timely, requested visas to all applicants, even in the event that “the higher limits authorized by [the] amendment are not enough to satisfy all the needs in a given year.”  To view a copy of Rep. Harris’s statement, please click here:  https://harris.house.gov/media/press-releases/house-appropriations-committee-approves-harris-language-repairing-h-2b-visa.   

While the House spending bill advances the goal of effectively raising the H-2B visa cap, the Senate version of the bill doesn’t address the H-2B visa issue, setting up an item to be negotiated during a House and Senate conference.  Although lawmakers intend to finalize their spending measures before the current FY ends on September 30, this is a deadline that Congress rarely meets.   As in years past, Congress may pass a series of “continuing resolutions” to fund the federal government.  AHC will keep you posted on developments related to the H-2B measure as the FY2019 appropriations process moves forward.  To view a copy of the three-page amendment, please click here: https://www.horsecouncil.org/wp-content/uploads/2018/07/HARRMD_037_xml-offered-2-1.pdf

If you’d like more information related to the guest worker issue, including ongoing grassroots outreach from the horse industry, please contact Bryan Brendle at bbrendle@horsecouncil.org or 202-296-4031. 

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