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S 4249

FARM Stability Act

119th Congress Introduced by John Boozman and 9 co-sponsors

Creates a two-tier H-2A wage system (entry vs. experience) plus a state-specific housing value adjustment to reflect housing costs, capped at 30%.

Introduced in Senate
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WeVote Research Nonpartisan
Bill Summary · S 4249

Summary of S.4249 — Farm Stability Act (119th Congress, 2026)

Overview

  • Title: Farm Stability Act
  • Purpose: Authorize the Secretary of Labor to annually establish a two-tier wage rate for H-2A workers (distinguishing entry-level vs. experience-level) and to annually establish a compensation adjustment factor to reflect the value of housing provided to H-2A workers.
  • Introduced in the Senate on March 26, 2026 by Sen. Budd, with a bipartisan set of co-sponsors.
  • Short title: Farmworker Access and Retention Modernization Stability Act (FARM Stability Act).

What the bill would do (key provisions)

  1. Two-tier wage framework for H-2A workers

    • The Secretary of Labor would annually establish:
      • A Skill Level I wage rate for entry-level H-2A positions.
      • A Skill Level II wage rate for experience-level H-2A positions that require formal education, training certificates, or significant agricultural experience.
    • The Skill Level II wage rate would be higher than the Skill Level I rate.
    • This applies when a minimum wage rate higher than the Federal or State minimum for agricultural employment is deemed required for H-2A workers.

  2. Housing value adjustment (compensation adjustment factor)

    • For each state, the Secretary would annually establish a compensation adjustment factor to account for the value of housing provided to H-2A workers.
    • Calculation specifics:
      • The factor would be computed as an equivalent hourly rate based on the weighted statewide average of fair market rents for a 4-bedroom housing unit, as provided by HUD.
      • The adjustment factor would be kept at or below 30% of the relevant wage rate established for the state (i.e., the Skill Level I or II rate).

  3. Scope and basis

    • These adjustments would apply when the Secretary determines that a minimum wage higher than the existing Federal or State minimum for agricultural employment is required to be paid to H-2A workers.

Who/what would be affected

  • H-2A workers: Wage rates would be tiered by skill level, with an explicit higher rate for more experienced workers.
  • Employers/sponsors using the H-2A program: Employers would need to pay the two-tier wages and incorporate the housing adjustment into labor costs. They would also be affected by state-specific rates and the housing factor cap (30% rule).
  • State labor markets: State-by-state adjustments would reflect local housing costs and labor market conditions.
  • Secretary of Labor: Responsible for annually establishing both the wage tiers and the housing compensation adjustment factors.

Procedural and timeline aspects

  • The changes would be enacted by amending Section 218(a) of the Immigration and Nationality Act (8 U.S.C. 1188(a)).
  • Implementation is contingent on the Secretary of Labor determining a minimum wage rate higher than the current federal/state minimum for agricultural employment for H-2A workers. If such a determination occurs, the Secretary would publish annual wage rates and housing-adjustment factors.
  • The act sets no specific effective date beyond the annual update mechanism; it relies on annual determination and publication by the Secretary of Labor.

Practical implications

  • The policy aims to create clearer distinctions between entry- and experience-level H-2A labor, potentially improving wage equity and workforce retention.
  • Incorporating housing value helps ensure compensation reflects total compensation provided to workers (wage plus housing), potentially improving living standards and compliance.
  • The 30% cap on housing adjustments is designed to limit the housing component relative to wage rates.

Summary

S.4249 proposes a structured, annual approach to H-2A compensation by introducing two wage levels (entry vs. experienced) and a housing-adjustment factor based on HUD housing costs, with a cap to keep housing impacts within a defined portion of total compensation. The bill emphasizes modernization of farmworker compensation and housing value within the H-2A program.

Compiled from official sources — confirm details with the bill’s official record.

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