A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Labor relating to the Adverse Effect Wage Rate Methodology.
- Bill Number
- S.J.Res. 152
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Labor and Employment
- Status
- Introduced
- Latest Action
- 2026-03-26: Read twice and referred to the Committee on the Judiciary.
- Last Updated
- 2026-04-01T19:57:38Z
AI-Generated Summary
Purpose
This joint resolution (S.J. Res. 152) uses the Congressional Review Act (CRA, a law allowing Congress to overturn certain federal agency rules) to disapprove a specific rule issued by the Department of Labor (DOL). The goal is to block the rule from taking effect, preventing changes to how minimum wages are set for certain temporary foreign agricultural workers.
Key Provisions
- Disapproval of DOL Rule: Targets the rule titled "Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States" (published October 2, 2025, at 90 Fed. Reg. 47914).
- Nullification: Declares the rule has "no force or effect," meaning it cannot be implemented or enforced.
- Introduced and Referred: Introduced by Sen. Alex Padilla on March 26, 2026, and referred to the Senate Committee on the Judiciary.
Significant Changes to Existing Law
- Overturns Agency Rulemaking: If enacted, it reverses the DOL's update to the Adverse Effect Wage Rate (AEWR) calculation method. AEWR is the minimum wage required for H-2A visa workers (temporary foreign workers in agriculture) to prevent their employment from lowering wages for U.S. workers in non-range occupations (jobs outside rangeland herding, like crop farming).
- Restores Prior Status: Reverts to the previous AEWR methodology, avoiding the new formula outlined in the 2025 rule.
Potential Impacts
- On Employers: Agricultural businesses using H-2A workers in non-range jobs may continue under the old wage calculation, potentially lowering labor costs compared to the new rule.
- On Workers: U.S. farm workers might face less wage protection if the new methodology (likely aimed at raising AEWRs) is blocked; H-2A workers' wages revert to prior levels.
- On Government Agencies: DOL's Employment and Training Administration loses authority on this rule, limiting its ability to update H-2A wage standards without new rulemaking.
- No Direct International Impact: Primarily domestic, but could affect U.S. agricultural competitiveness and foreign worker recruitment.
Main Stakeholders
- Agricultural Employers: Farmers and ranchers relying on H-2A visas for seasonal labor in non-range occupations.
- U.S. Farm Workers: Domestic workers whose wages could be influenced by AEWR levels.
- H-2A Workers: Temporary nonimmigrant workers from abroad in U.S. agriculture.
- Department of Labor: Agency responsible for H-2A program oversight and wage rules.
- Congress: Exercises oversight via CRA to check executive branch actions.
Notable Legal, Constitutional, or Political Implications
- CRA Mechanism: Leverages fast-track Senate procedures (no filibuster, simple majority vote possible), highlighting Congress's constitutional role in checking agency power under the Administrative Procedure Act.
- Precedent for Rule Reversal: Demonstrates use of CRA for labor/immigration rules; if passed and signed (or veto overridden), sets example for future disapprovals of Biden-era (or similar) regulations.
- Political Context: Introduced by a Democratic senator, potentially signaling intra-party or bipartisan pushback on DOL's H-2A expansions amid debates on immigration, labor protections, and farm economics.
- No Constitutional Challenges Noted: Aligns with established CRA framework upheld by courts.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2026-03-26: Read twice and referred to the Committee on the Judiciary.
- 2026-03-26: Introduced in Senate
Bill Versions
- Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Labor relating to the Adverse Effect Wage Rate Methodology. — issued 2026-03-26 — PDF (2 pages)