[Congressional Record Volume 167, Number 51 (Thursday, March 18, 2021)]
[House]
[Pages H1527-H1560]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FARM WORKFORCE MODERNIZATION ACT OF 2021
Mr. NADLER. Madam Speaker, pursuant to House Resolution 233, I call
up the bill (H.R. 1603) to amend the Immigration and Nationality Act to
provide for terms and conditions for nonimmigrant workers performing
agricultural labor or services, and for other purposes, and ask for its
immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 233, the
amendment printed in part C of House Report 117-12 is adopted, and the
bill, as amended, is considered read.
The text of the bill, as amended, is as follows:
H.R. 1603
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Farm
Workforce Modernization Act of 2021''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--SECURING THE DOMESTIC AGRICULTURAL WORKFORCE
Subtitle A--Temporary Status for Certified Agricultural Workers
Sec. 101. Certified agricultural worker status.
Sec. 102. Terms and conditions of certified status.
Sec. 103. Extensions of certified status.
Sec. 104. Determination of continuous presence.
Sec. 105. Employer obligations.
Sec. 106. Administrative and judicial review.
Subtitle B--Optional Earned Residence for Long-Term Workers
Sec. 111. Optional adjustment of status for long-term agricultural
workers.
Sec. 112. Payment of taxes.
Sec. 113. Adjudication and decision; review.
Subtitle C--General Provisions
Sec. 121. Definitions.
Sec. 122. Rulemaking; Fees.
Sec. 123. Background checks.
Sec. 124. Protection for children.
Sec. 125. Limitation on removal.
Sec. 126. Documentation of agricultural work history.
Sec. 127. Employer protections.
Sec. 128. Correction of social security records; conforming amendments.
Sec. 129. Disclosures and privacy.
Sec. 130. Penalties for false statements in applications.
Sec. 131. Dissemination of information.
Sec. 132. Exemption from numerical limitations.
Sec. 133. Reports to Congress.
Sec. 134. Grant program to assist eligible applicants.
Sec. 135. Authorization of appropriations.
TITLE II--ENSURING AN AGRICULTURAL WORKFORCE FOR THE FUTURE
Subtitle A--Reforming the H-2A Temporary Worker Program
Sec. 201. Comprehensive and streamlined electronic H-2A platform.
Sec. 202. H-2A program requirements.
Sec. 203. Agency roles and responsibilities.
Sec. 204. Worker protection and compliance.
Sec. 205. Report on wage protections.
Sec. 206. Portable H-2A visa pilot program.
Sec. 207. Improving access to permanent residence.
Subtitle B--Preservation and Construction of Farmworker Housing
Sec. 220. Short title.
Sec. 221. Permanent establishment of housing preservation and
revitalization program.
Sec. 222. Eligibility for rural housing vouchers.
Sec. 223. Amount of voucher assistance.
Sec. 224. Rental assistance contract authority.
Sec. 225. Funding for multifamily technical improvements.
Sec. 226. Plan for preserving affordability of rental projects.
Sec. 227. Covered housing programs.
Sec. 228. New farmworker housing.
Sec. 229. Loan and grant limitations.
Sec. 230. Operating assistance subsidies.
Sec. 231. Eligibility of certified workers.
Subtitle C--Foreign Labor Recruiter Accountability
Sec. 251. Registration of foreign labor recruiters.
Sec. 252. Enforcement.
Sec. 253. Appropriations.
Sec. 254. Definitions.
TITLE III--ELECTRONIC VERIFICATION OF EMPLOYMENT ELIGIBILITY
Sec. 301. Electronic employment eligibility verification system.
Sec. 302. Mandatory electronic verification for the agricultural
industry.
Sec. 303. Coordination with E-Verify Program.
Sec. 304. Fraud and misuse of documents.
Sec. 305. Technical and conforming amendments.
Sec. 306. Protection of Social Security Administration programs.
Sec. 307. Report on the implementation of the electronic employment
verification system.
Sec. 308. Modernizing and streamlining the employment eligibility
verification process.
Sec. 309. Rulemaking and Paperwork Reduction Act.
TITLE I--SECURING THE DOMESTIC AGRICULTURAL WORKFORCE
Subtitle A--Temporary Status for Certified Agricultural Workers
SEC. 101. CERTIFIED AGRICULTURAL WORKER STATUS.
(a) Requirements for Certified Agricultural Worker
Status.--
(1) Principal aliens.--The Secretary may grant certified
agricultural worker status to an alien who submits a
completed application, including the required processing
fees, before the end of the period set forth in subsection
(c) and who--
(A) performed agricultural labor or services in the United
States for at least 1,035 hours (or 180 work days) during the
2-year period preceding the date of the introduction of this
Act;
(B) on the date of the introduction of this Act--
(i) is inadmissible or deportable from the United States;
or
(ii) is under a grant of deferred enforced departure or has
temporary protected status under section 244 of the
Immigration and Nationality Act;
(C) subject to section 104, has been continuously present
in the United States since the date of the introduction of
this Act and until the date on which the alien is granted
certified agricultural worker status; and
(D) is not otherwise ineligible for certified agricultural
worker status as provided in subsection (b).
(2) Dependent spouse and children.--The Secretary may grant
certified agricultural dependent status to the spouse or
child of an alien granted certified agricultural worker
status under paragraph (1) if the spouse or child is not
ineligible for certified agricultural dependent status as
provided in subsection (b).
(b) Grounds for Ineligibility.--
(1) Grounds of inadmissibility.--Except as provided in
paragraph (3), an alien is ineligible for certified
agricultural worker or certified agricultural dependent
status if the Secretary determines that the alien is
inadmissible under section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)), except that in
determining inadmissibility--
(A) paragraphs (4), (5), (7), and (9)(B) of such section
shall not apply;
(B) subparagraphs (A), (C), (D), (F), and (G) of such
section 212(a)(6) and paragraphs (9)(C) and (10)(B) of such
section 212(a) shall not apply unless based on the act of
unlawfully entering the United States after the date of
introduction of this Act; and
(C) paragraphs (6)(B) and (9)(A) of such section 212(a)
shall not apply unless the relevant conduct began on or after
the date of filing of the application for certified
agricultural worker status.
(2) Additional criminal bars.--Except as provided in
paragraph (3), an alien is ineligible for certified
agricultural worker or certified agricultural dependent
status if the Secretary determines that, excluding any
offense under State law for which an essential element is the
alien's immigration status and any minor traffic offense, the
alien has been convicted of--
(A) any felony offense;
(B) an aggravated felony (as defined in section 101(a)(43)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43))
at the time of the conviction);
(C) two misdemeanor offenses involving moral turpitude, as
described in section 212(a)(2)(A)(i)(I) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(2)(A)(i)(I)), unless an
offense is waived by the Secretary under paragraph (3)(B); or
(D) three or more misdemeanor offenses not occurring on the
same date, and not arising out of the same act, omission, or
scheme of misconduct.
(3) Waivers for certain grounds of inadmissibility.--For
humanitarian purposes, family unity, or if otherwise in the
public interest, the Secretary may waive the grounds of
inadmissibility under--
(A) paragraph (1), (6)(E), or (10)(D) of section 212(a) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)); or
(B) subparagraphs (A) and (D) of section 212(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)), unless
inadmissibility is based on a conviction that would otherwise
render the alien ineligible under subparagraph (A), (B), or
(D) of paragraph (2).
(c) Application.--
(1) Application period.--Except as provided in paragraph
(2), the Secretary shall accept initial applications for
certified agricultural worker status during the 18-month
period beginning on the date on which the interim final rule
is published in the Federal Register pursuant to section
122(a).
(2) Extension.--If the Secretary determines, during the
initial period described in paragraph (1), that additional
time is required to process initial applications for
certified agricultural worker status or for other good cause,
the Secretary may extend the period for accepting
applications for up to an additional 12 months.
(3) Submission of applications.--
(A) In general.--An alien may file an application with the
Secretary under this section with the assistance of an
attorney or a nonprofit religious, charitable, social
service, or similar organization recognized by the Board of
Immigration Appeals under section 292.2 of title 8, Code of
Federal Regulations. The Secretary
[[Page H1528]]
shall also create a procedure for accepting applications
filed by qualified designated entities with the consent of
the applicant.
(B) Farm service agency offices.--The Secretary, in
consultation with the Secretary of Agriculture, shall
establish a process for the filing of applications under this
section at Farm Service Agency offices throughout the United
States.
(4) Evidence of application filing.--As soon as practicable
after receiving an application for certified agricultural
worker status, the Secretary shall provide the applicant with
a document acknowledging the receipt of such application.
Such document shall serve as interim proof of the alien's
authorization to accept employment in the United States and
shall be accepted by an employer as evidence of employment
authorization under section 274A(b)(1)(C) of the Immigration
and Nationality Act (8 U.S.C. 1324a(b)(1)(C)), if the
employer is employing the holder of such document to perform
agricultural labor or services, pending a final
administrative decision on the application.
(5) Effect of pending application.--During the period
beginning on the date on which an alien applies for certified
agricultural worker status under this subtitle, and ending on
the date on which the Secretary makes a final administrative
decision regarding such application, the alien and any
dependents included in the application--
(A) may apply for advance parole, which shall be granted
upon demonstrating a legitimate need to travel outside the
United States for a temporary purpose;
(B) may not be detained by the Secretary or removed from
the United States unless the Secretary makes a prima facie
determination that such alien is, or has become, ineligible
for certified agricultural worker status;
(C) may not be considered unlawfully present under section
212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(9)(B)); and
(D) may not be considered an unauthorized alien (as defined
in section 274A(h)(3) of the Immigration and Nationality Act
(8 U.S.C. 1324a(h)(3))).
(6) Withdrawal of application.--The Secretary shall, upon
receipt of a request from the applicant to withdraw an
application for certified agricultural worker status under
this subtitle, cease processing of the application, and close
the case. Withdrawal of the application shall not prejudice
any future application filed by the applicant for any
immigration benefit under this Act or under the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.).
(d) Adjudication and Decision.--
(1) In general.--Subject to section 123, the Secretary
shall render a decision on an application for certified
agricultural worker status not later than 180 days after the
date the application is filed.
(2) Notice.--Prior to denying an application for certified
agricultural worker status, the Secretary shall provide the
alien with--
(A) written notice that describes the basis for
ineligibility or the deficiencies in the evidence submitted;
and
(B) at least 90 days to contest ineligibility or submit
additional evidence.
(3) Amended application.--An alien whose application for
certified agricultural worker status is denied under this
section may submit an amended application for such status to
the Secretary if the amended application is submitted within
the application period described in subsection (c) and
contains all the required information and fees that were
missing from the initial application.
(e) Alternative H-2A Status.--An alien who has not met the
required period of agricultural labor or services under
subsection (a)(1)(A), but is otherwise eligible for certified
agricultural worker status under such subsection, shall be
eligible for classification as a nonimmigrant described in
section 101(a)(15)(H)(ii)(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) upon
approval of a petition submitted by a sponsoring employer, if
the alien has performed at least 575 hours (or 100 work days)
of agricultural labor or services during the 3-year period
preceding the date of the introduction of this Act. The
Secretary shall create a procedure to provide for such
classification without requiring the alien to depart the
United States and obtain a visa abroad.
SEC. 102. TERMS AND CONDITIONS OF CERTIFIED STATUS.
(a) In General.--
(1) Approval.--Upon approval of an application for
certified agricultural worker status, or an extension of such
status pursuant to section 103, the Secretary shall issue--
(A) documentary evidence of such status to the applicant;
and
(B) documentary evidence of certified agricultural
dependent status to any qualified dependent included on such
application.
(2) Documentary evidence.--In addition to any other
features and information as the Secretary may prescribe, the
documentary evidence described in paragraph (1)--
(A) shall be machine-readable and tamper-resistant;
(B) shall contain a digitized photograph;
(C) shall serve as a valid travel and entry document for
purposes of applying for admission to the United States; and
(D) shall be accepted during the period of its validity by
an employer as evidence of employment authorization and
identity under section 274A(b)(1)(B) of the Immigration and
Nationality Act (8 U.S.C. 1324a(b)(1)(B)).
(3) Validity period.--Certified agricultural worker and
certified agricultural dependent status shall be valid for
5\1/2\ years beginning on the date of approval.
(4) Travel authorization.--An alien with certified
agricultural worker or certified agricultural dependent
status may--
(A) travel within and outside of the United States,
including commuting to the United States from a residence in
a foreign country; and
(B) be admitted to the United States upon return from
travel abroad without first obtaining a visa if the alien is
in possession of--
(i) valid, unexpired documentary evidence of certified
agricultural worker or certified agricultural worker
dependent status as described in subsection (a); or
(ii) a travel document that has been approved by the
Secretary and was issued to the alien after the alien's
original documentary evidence was lost, stolen, or destroyed.
(b) Ability To Change Status.--
(1) Change to certified agricultural worker status.--
Notwithstanding section 101(a), an alien with valid certified
agricultural dependent status may apply to change to
certified agricultural worker status, at any time, if the
alien--
(A) submits a completed application, including the required
processing fees; and
(B) is not ineligible for certified agricultural worker
status under section 101(b).
(2) Clarification.--Nothing in this title prohibits an
alien granted certified agricultural worker or certified
agricultural dependent status from changing status to any
other nonimmigrant classification for which the alien may be
eligible.
(c) Prohibition on Public Benefits, Tax Benefits, and
Health Care Subsidies.--Aliens granted certified agricultural
worker or certified agricultural dependent status shall be
considered lawfully present in the United States for all
purposes for the duration of their status, except that such
aliens--
(1) shall be ineligible for Federal means-tested public
benefits to the same extent as other individuals who are not
qualified aliens under section 431 of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1641);
(2) are not entitled to the premium assistance tax credit
authorized under section 36B of the Internal Revenue Code of
1986 (26 U.S.C. 36B), and shall be subject to the rules
applicable to individuals who are not lawfully present set
forth in subsection (e) of such section;
(3) shall be subject to the rules applicable to individuals
who are not lawfully present set forth in section 1402(e) of
the Patient Protection and Affordable Care Act (42 U.S.C.
18071(e)); and
(4) shall be subject to the rules applicable to individuals
not lawfully present set forth in section 5000A(d)(3) of the
Internal Revenue Code of 1986 (26 U.S.C. 5000A(d)(3)).
(d) Revocation of Status.--
(1) In general.--The Secretary may revoke certified
agricultural worker or certified agricultural dependent
status if, after providing notice to the alien and the
opportunity to provide evidence to contest the proposed
revocation, the Secretary determines that the alien no longer
meets the eligibility requirements for such status under
section 101(b).
(2) Invalidation of documentation.--Upon the Secretary's
final determination to revoke an alien's certified
agricultural worker or certified agricultural dependent
status, any documentation issued by the Secretary to such
alien under subsection (a) shall automatically be rendered
invalid for any purpose except for departure from the United
States.
SEC. 103. EXTENSIONS OF CERTIFIED STATUS.
(a) Requirements for Extensions of Status.--
(1) Principal aliens.--The Secretary may extend certified
agricultural worker status for additional periods of 5\1/2\
years to an alien who submits a completed application,
including the required processing fees, within the 120-day
period beginning 60 days before the expiration of the fifth
year of the immediately preceding grant of certified
agricultural worker status, if the alien--
(A) except as provided in section 126(c), has performed
agricultural labor or services in the United States for at
least 575 hours (or 100 work days) for each of the prior 5
years in which the alien held certified agricultural worker
status; and
(B) has not become ineligible for certified agricultural
worker status under section 101(b).
(2) Dependent spouse and children.--The Secretary may grant
or extend certified agricultural dependent status to the
spouse or child of an alien granted an extension of certified
agricultural worker status under paragraph (1) if the spouse
or child is not ineligible for certified agricultural
dependent status under section 101(b).
(3) Waiver for late filings.--The Secretary may waive an
alien's failure to timely file before the expiration of the
120-day period described in paragraph (1) if the alien
demonstrates that the delay was due to extraordinary
circumstances beyond the alien's control or for other good
cause.
(b) Status for Workers With Pending Applications.--
(1) In general.--Certified agricultural worker status of an
alien who timely files an application to extend such status
under subsection (a) (and the status of the alien's
dependents) shall be automatically extended through the date
on which the Secretary makes a final administrative decision
regarding such application.
(2) Documentation of employment authorization.--As soon as
practicable after receipt of an application to extend
certified agricultural worker status under subsection (a),
the Secretary shall issue a document to the alien
acknowledging the receipt of such application. An employer of
the worker may not refuse to accept such document as evidence
of employment authorization under section 274A(b)(1)(C) of
the Immigration and Nationality Act (8 U.S.C.
1324a(b)(1)(C)), pending a final administrative decision on
the application.
[[Page H1529]]
(c) Notice.--Prior to denying an application to extend
certified agricultural worker status, the Secretary shall
provide the alien with--
(1) written notice that describes the basis for
ineligibility or the deficiencies of the evidence submitted;
and
(2) at least 90 days to contest ineligibility or submit
additional evidence.
SEC. 104. DETERMINATION OF CONTINUOUS PRESENCE.
(a) Effect of Notice To Appear.--The continuous presence in
the United States of an applicant for certified agricultural
worker status under section 101 shall not terminate when the
alien is served a notice to appear under section 239(a) of
the Immigration and Nationality Act (8 U.S.C. 1229(a)).
(b) Treatment of Certain Breaks in Presence.--
(1) In general.--Except as provided in paragraphs (2) and
(3), an alien shall be considered to have failed to maintain
continuous presence in the United States under this subtitle
if the alien departed the United States for any period
exceeding 90 days, or for any periods, in the aggregate,
exceeding 180 days.
(2) Extensions for extenuating circumstances.--The
Secretary may extend the time periods described in paragraph
(1) for an alien who demonstrates that the failure to timely
return to the United States was due to extenuating
circumstances beyond the alien's control, including the
serious illness of the alien, or death or serious illness of
a spouse, parent, son or daughter, grandparent, or sibling of
the alien.
(3) Travel authorized by the secretary.--Any period of
travel outside of the United States by an alien that was
authorized by the Secretary shall not be counted toward any
period of departure from the United States under paragraph
(1).
SEC. 105. EMPLOYER OBLIGATIONS.
(a) Record of Employment.--An employer of an alien in
certified agricultural worker status shall provide such alien
with a written record of employment each year during which
the alien provides agricultural labor or services to such
employer as a certified agricultural worker.
(b) Civil Penalties.--
(1) In general.--If the Secretary determines, after notice
and an opportunity for a hearing, that an employer of an
alien with certified agricultural worker status has knowingly
failed to provide the record of employment required under
subsection (a), or has provided a false statement of material
fact in such a record, the employer shall be subject to a
civil penalty in an amount not to exceed $500 per violation.
(2) Limitation.--The penalty under paragraph (1) for
failure to provide employment records shall not apply unless
the alien has provided the employer with evidence of
employment authorization described in section 102 or 103.
(3) Deposit of civil penalties.--Civil penalties collected
under this paragraph shall be deposited into the Immigration
Examinations Fee Account under section 286(m) of the
Immigration and Nationality Act (8 U.S.C. 1356(m)).
SEC. 106. ADMINISTRATIVE AND JUDICIAL REVIEW.
(a) Administrative Review.--The Secretary shall establish a
process by which an applicant may seek administrative review
of a denial of an application for certified agricultural
worker status under this subtitle, an application to extend
such status, or a revocation of such status.
(b) Admissibility in Immigration Court.--Each record of an
alien's application for certified agricultural worker status
under this subtitle, application to extend such status,
revocation of such status, and each record created pursuant
to the administrative review process under subsection (a) is
admissible in immigration court, and shall be included in the
administrative record.
(c) Judicial Review.--Notwithstanding any other provision
of law, judicial review of the Secretary's decision to deny
an application for certified agricultural worker status, an
application to extend such status, or the decision to revoke
such status, shall be limited to the review of an order of
removal under section 242 of the Immigration and Nationality
Act (8 U.S.C. 1252).
Subtitle B--Optional Earned Residence for Long-Term Workers
SEC. 111. OPTIONAL ADJUSTMENT OF STATUS FOR LONG-TERM
AGRICULTURAL WORKERS.
(a) Requirements for Adjustment of Status.--
(1) Principal aliens.--The Secretary may adjust the status
of an alien from that of a certified agricultural worker to
that of a lawful permanent resident if the alien submits a
completed application, including the required processing and
penalty fees, and the Secretary determines that--
(A) except as provided in section 126(c), the alien
performed agricultural labor or services for not less than
575 hours (or 100 work days) each year--
(i) for at least 10 years prior to the date of the
enactment of this Act and for at least 4 years in certified
agricultural worker status; or
(ii) for fewer than 10 years prior to the date of the
enactment of this Act and for at least 8 years in certified
agricultural worker status; and
(B) the alien has not become ineligible for certified
agricultural worker status under section 101(b).
(2) Dependent aliens.--
(A) In general.--The spouse and each child of an alien
described in paragraph (1) whose status has been adjusted to
that of a lawful permanent resident may be granted lawful
permanent residence under this subtitle if--
(i) the qualifying relationship to the principal alien
existed on the date on which such alien was granted
adjustment of status under this subtitle; and
(ii) the spouse or child is not ineligible for certified
agricultural worker dependent status under section 101(b).
(B) Protections for spouses and children.--The Secretary of
Homeland Security shall establish procedures to allow the
spouse or child of a certified agricultural worker to self-
petition for lawful permanent residence under this subtitle
in cases involving--
(i) the death of the certified agricultural worker, so long
as the spouse or child submits a petition not later than 2
years after the date of the worker's death; or
(ii) the spouse or a child being battered or subjected to
extreme cruelty by the certified agricultural worker.
(3) Documentation of work history.--An applicant for
adjustment of status under this section shall not be required
to resubmit evidence of work history that has been previously
submitted to the Secretary in connection with an approved
extension of certified agricultural worker status.
(b) Penalty Fee.--In addition to any processing fee that
the Secretary may assess in accordance with section 122(b), a
principal alien seeking adjustment of status under this
subtitle shall pay a $1,000 penalty fee, which shall be
deposited into the Immigration Examinations Fee Account
pursuant to section 286(m) of the Immigration and Nationality
Act (8 U.S.C.1356(m)).
(c) Effect of Pending Application.--During the period
beginning on the date on which an alien applies for
adjustment of status under this subtitle, and ending on the
date on which the Secretary makes a final administrative
decision regarding such application, the alien and any
dependents included on the application--
(1) may apply for advance parole, which shall be granted
upon demonstrating a legitimate need to travel outside the
United States for a temporary purpose;
(2) may not be detained by the Secretary or removed from
the United States unless the Secretary makes a prima facie
determination that such alien is, or has become, ineligible
for adjustment of status under subsection (a);
(3) may not be considered unlawfully present under section
212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(9)(B)); and
(4) may not be considered an unauthorized alien (as defined
in section 274A(h)(3) of the Immigration and Nationality Act
(8 U.S.C. 1324a(h)(3))).
(d) Evidence of Application Filing.--As soon as practicable
after receiving an application for adjustment of status under
this subtitle, the Secretary shall provide the applicant with
a document acknowledging the receipt of such application.
Such document shall serve as interim proof of the alien's
authorization to accept employment in the United States and
shall be accepted by an employer as evidence of employment
authorization under section 274A(b)(1)(C) of the Immigration
and Nationality Act (8 U.S.C. 1324a(b)(1)(C)), pending a
final administrative decision on the application.
(e) Withdrawal of Application.--The Secretary shall, upon
receipt of a request to withdraw an application for
adjustment of status under this subtitle, cease processing of
the application, and close the case. Withdrawal of the
application shall not prejudice any future application filed
by the applicant for any immigration benefit under this Act
or under the Immigration and Nationality Act (8 U.S.C. 1101
et seq.).
SEC. 112. PAYMENT OF TAXES.
(a) In General.--An alien may not be granted adjustment of
status under this subtitle unless the applicant has satisfied
any applicable Federal tax liability.
(b) Compliance.--An alien may demonstrate compliance with
subsection (a) by submitting such documentation as the
Secretary, in consultation with the Secretary of the
Treasury, may require by regulation.
SEC. 113. ADJUDICATION AND DECISION; REVIEW.
(a) In General.--Subject to the requirements of section
123, the Secretary shall render a decision on an application
for adjustment of status under this subtitle not later than
180 days after the date on which the application is filed.
(b) Notice.--Prior to denying an application for adjustment
of status under this subtitle, the Secretary shall provide
the alien with--
(1) written notice that describes the basis for
ineligibility or the deficiencies of the evidence submitted;
and
(2) at least 90 days to contest ineligibility or submit
additional evidence.
(c) Administrative Review.--The Secretary shall establish a
process by which an applicant may seek administrative review
of a denial of an application for adjustment of status under
this subtitle.
(d) Judicial Review.--Notwithstanding any other provision
of law, an alien may seek judicial review of a denial of an
application for adjustment of status under this title in an
appropriate United States district court.
Subtitle C--General Provisions
SEC. 121. DEFINITIONS.
In this title:
(1) In general.--Except as otherwise provided, any term
used in this title that is used in the immigration laws shall
have the meaning given such term in the immigration laws (as
such term is defined in section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101)).
(2) Agricultural labor or services.--The term
``agricultural labor or services'' means--
(A) agricultural labor or services as such term is used in
section 101(a)(15)(H)(ii) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(H)(ii)), without regard to whether
the labor or services are of a seasonal or temporary nature;
and
[[Page H1530]]
(B) agricultural employment as such term is defined in
section 3 of the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1802), without regard to whether
the specific service or activity is temporary or seasonal.
(3) Applicable federal tax liability.--The term
``applicable Federal tax liability'' means all Federal income
taxes assessed in accordance with section 6203 of the
Internal Revenue Code of 1986 beginning on the date on which
the applicant was authorized to work in the United States as
a certified agricultural worker.
(4) Appropriate united states district court.--The term
``appropriate United States district court'' means the United
States District Court for the District of Columbia or the
United States district court with jurisdiction over the
alien's principal place of residence.
(5) Child.--The term ``child'' has the meaning given such
term in section 101(b)(1) of the Immigration and Nationality
Act (8 U.S.C. 1101(b)(1)).
(6) Convicted or conviction.--The term ``convicted'' or
``conviction'' does not include a judgment that has been
expunged or set aside, that resulted in a rehabilitative
disposition, or the equivalent.
(7) Employer.--The term ``employer'' means any person or
entity, including any labor contractor or any agricultural
association, that employs workers in agricultural labor or
services.
(8) Qualified designated entity.--The term ``qualified
designated entity'' means--
(A) a qualified farm labor organization or an association
of employers designated by the Secretary; or
(B) any other entity that the Secretary designates as
having substantial experience, demonstrated competence, and a
history of long-term involvement in the preparation and
submission of application for adjustment of status under
title II of the Immigration and Nationality Act (8 U.S.C.
1151 et seq.).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(10) Work day.--The term ``work day'' means any day in
which the individual is employed 5.75 or more hours in
agricultural labor or services.
SEC. 122. RULEMAKING; FEES.
(a) Rulemaking.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall publish in the
Federal Register, an interim final rule implementing this
title. Notwithstanding section 553 of title 5, United States
Code, the rule shall be effective, on an interim basis,
immediately upon publication, but may be subject to change
and revision after public notice and opportunity for comment.
The Secretary shall finalize such rule not later than 1 year
after the date of the enactment of this Act.
(b) Fees.--
(1) In general.--The Secretary may require an alien
applying for any benefit under this title to pay a reasonable
fee that is commensurate with the cost of processing the
application.
(2) Fee waiver; installments.--
(A) In general.--The Secretary shall establish procedures
to allow an alien to--
(i) request a waiver of any fee that the Secretary may
assess under this title if the alien demonstrates to the
satisfaction of the Secretary that the alien is unable to pay
the prescribed fee; or
(ii) pay any fee or penalty that the Secretary may assess
under this title in installments.
(B) Clarification.--Nothing in this section shall be read
to prohibit an employer from paying any fee or penalty that
the Secretary may assess under this title on behalf of an
alien and the alien's spouse or children.
SEC. 123. BACKGROUND CHECKS.
(a) Submission of Biometric and Biographic Data.--The
Secretary may not grant or extend certified agricultural
worker or certified agricultural dependent status under
subtitle A, or grant adjustment of status to that of a lawful
permanent resident under subtitle B, unless the alien submits
biometric and biographic data, in accordance with procedures
established by the Secretary. The Secretary shall provide an
alternative procedure for aliens who cannot provide all
required biometric or biographic data because of a physical
impairment.
(b) Background Checks.--The Secretary shall use biometric,
biographic, and other data that the Secretary determines
appropriate to conduct security and law enforcement
background checks and to determine whether there is any
criminal, national security, or other factor that would
render the alien ineligible for status under this title. An
alien may not be granted any such status under this title
unless security and law enforcement background checks are
completed to the satisfaction of the Secretary.
SEC. 124. PROTECTION FOR CHILDREN.
(a) In General.--Except as provided in subsection (b), for
purposes of eligibility for certified agricultural dependent
status or lawful permanent resident status under this title,
a determination of whether an alien is a child shall be made
using the age of the alien on the date on which the initial
application for certified agricultural worker status is filed
with the Secretary of Homeland Security.
(b) Limitation.--Subsection (a) shall apply for no more
than 10 years after the date on which the initial application
for certified agricultural worker status is filed with the
Secretary of Homeland Security.
SEC. 125. LIMITATION ON REMOVAL.
(a) In General.--An alien who appears to be prima facie
eligible for status under this title shall be given a
reasonable opportunity to apply for such status. Such an
alien may not be placed in removal proceedings or removed
from the United States until a final administrative decision
establishing ineligibility for such status is rendered.
(b) Aliens in Removal Proceedings.--Notwithstanding any
other provision of the law, the Attorney General shall (upon
motion by the Secretary with the consent of the alien, or
motion by the alien) terminate removal proceedings, without
prejudice, against an alien who appears to be prima facie
eligible for status under this title, and provide such alien
a reasonable opportunity to apply for such status.
(c) Effect of Final Order.--An alien present in the United
States who has been ordered removed or has been permitted to
depart voluntarily from the United States may,
notwithstanding such order or permission to depart, apply for
status under this title. Such alien shall not be required to
file a separate motion to reopen, reconsider, or vacate the
order of removal. If the Secretary approves the application,
the Secretary shall notify the Attorney General of such
approval, and the Attorney General shall cancel the order of
removal. If the Secretary renders a final administrative
decision to deny the application, the order of removal or
permission to depart shall be effective and enforceable to
the same extent as if the application had not been made, only
after all available administrative and judicial remedies have
been exhausted.
(d) Effect of Departure.--Section 101(g) of the Immigration
and Nationality Act (8 U.S.C. 1101(g)) shall not apply to an
alien who departs the United States--
(1) with advance permission to return to the United States
granted by the Secretary under this title; or
(2) after having been granted certified agricultural worker
status or lawful permanent resident status under this title.
SEC. 126. DOCUMENTATION OF AGRICULTURAL WORK HISTORY.
(a) Burden of Proof.--An alien applying for certified
agricultural worker status under subtitle A or adjustment of
status under subtitle B has the burden of proving by a
preponderance of the evidence that the alien has worked the
requisite number of hours or days required under section 101,
103, or 111, as applicable. The Secretary shall establish
special procedures to properly credit work in cases in which
an alien was employed under an assumed name.
(b) Evidence.--An alien may meet the burden of proof under
subsection (a) by producing sufficient evidence to show the
extent of such employment as a matter of just and reasonable
inference. Such evidence may include--
(1) an annual record of certified agricultural worker
employment as described in section 105(a), or other
employment records from employers;
(2) employment records maintained by collective bargaining
associations;
(3) tax records or other government records;
(4) sworn affidavits from individuals who have direct
knowledge of the alien's work history; or
(5) any other documentation designated by the Secretary for
such purpose.
(c) Exceptions for Extraordinary Circumstances.--
(1) Impact of covid-19.--
(A) In general.--The Secretary may grant certified
agricultural worker status to an alien who is otherwise
eligible for such status if such alien is able to only
partially satisfy the requirement under section 101(a)(1)(A)
as a result of reduced hours of employment or other
restrictions associated with the public health emergency
declared by the Secretary of Health and Human Services under
section 319 of the Public Health Service Act (42 U.S.C. 247d)
with respect to COVID-19.
(B) Limitation.--The exception described in subparagraph
(A) shall apply only to agricultural labor or services
required to be performed during the period that--
(i) begins on the first day of the public health emergency
described in subparagraph (A); and
(ii) ends 90 days after the date on which such public
health emergency terminates.
(2) Extraordinary circumstances.--In determining whether an
alien has met the requirement under section 103(a)(1)(A) or
111(a)(1)(A), the Secretary may credit the alien with not
more than 575 hours (or 100 work days) of agricultural labor
or services in the United States if the alien was unable to
perform the required agricultural labor or services due to--
(A) pregnancy, parental leave, illness, disease, disabling
injury, or physical limitation of the alien;
(B) injury, illness, disease, or other special needs of the
alien's child or spouse;
(C) severe weather conditions that prevented the alien from
engaging in agricultural labor or services;
(D) reduced hours of employment or other restrictions
associated with the public health emergency declared by the
Secretary of Health and Human Services under section 319 of
the Public Health Service Act (42 U.S.C. 247d) with respect
to COVID-19; or
(E) termination from agricultural employment, if the
Secretary determines that--
(i) the termination was without just cause; and
(ii) the alien was unable to find alternative agricultural
employment after a reasonable job search.
(3) Effect of determination.--A determination under
paragraph (1)(E) shall not be conclusive, binding, or
admissible in a separate or subsequent judicial or
administrative action or proceeding between the alien and a
current or prior employer of the alien or any other party.
(4) Hardship waiver.--
(A) In general.--As part of the rulemaking described in
section 122(a), the Secretary shall establish procedures
allowing for a partial waiver of the requirement under
section 111(a)(1)(A) for a certified agricultural worker if
such worker--
(i) has continuously maintained certified agricultural
worker status since the date such status was initially
granted;
[[Page H1531]]
(ii) has partially completed the requirement under section
111(a)(1)(A); and
(iii) is no longer able to engage in agricultural labor or
services safely and effectively because of--
(I) a permanent disability suffered while engaging in
agricultural labor or services; or
(II) deteriorating health or physical ability combined with
advanced age.
(B) Disability.--In establishing the procedures described
in subparagraph (A), the Secretary shall consult with the
Secretary of Health and Human Services and the Commissioner
of Social Security to define ``permanent disability'' for
purposes of a waiver under subparagraph (A)(iii)(I).
SEC. 127. EMPLOYER PROTECTIONS.
(a) Continuing Employment.--An employer that continues to
employ an alien knowing that the alien intends to apply for
certified agricultural worker status under subtitle A shall
not violate section 274A(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1324a(a)(2)) by continuing to
employ the alien for the duration of the application period
under section 101(c), and with respect to an alien who
applies for certified agricultural status, for the duration
of the period during which the alien's application is pending
final determination.
(b) Use of Employment Records.--Copies of employment
records or other evidence of employment provided by an alien
or by an alien's employer in support of an alien's
application for certified agricultural worker or adjustment
of status under this title may not be used in a civil or
criminal prosecution or investigation of that employer under
section 274A of the Immigration and Nationality Act (8 U.S.C.
1324a) or the Internal Revenue Code of 1986 for the prior
unlawful employment of that alien regardless of the outcome
of such application.
(c) Additional Protections.--Employers that provide
unauthorized aliens with copies of employment records or
other evidence of employment in support of an application for
certified agricultural worker status or adjustment of status
under this title shall not be subject to civil and criminal
liability pursuant to such section 274A for employing such
unauthorized aliens. Records or other evidence of employment
provided by employers in response to a request for such
records for the purpose of establishing eligibility for
status under this title may not be used for any purpose other
than establishing such eligibility.
(d) Limitation on Protection.--The protections for
employers under this section shall not apply if the employer
provides employment records to the alien that are determined
to be fraudulent.
SEC. 128. CORRECTION OF SOCIAL SECURITY RECORDS; CONFORMING
AMENDMENTS.
(a) In General.--Section 208(e)(1) of the Social Security
Act (42 U.S.C. 408(e)(1)) is amended--
(1) in subparagraph (B)(ii), by striking ``or'' at the end;
(2) in subparagraph (C), by inserting ``or'' at the end;
(3) by inserting after subparagraph (C) the following:
``(D) who is granted certified agricultural worker status,
certified agricultural dependent status, or lawful permanent
resident status under title I of the Farm Work Modernization
Act of 2021,''; and
(4) in the undesignated matter following subparagraph (D),
as added by paragraph (3), by striking ``1990.'' and
inserting ``1990, or in the case of an alien described in
subparagraph (D), if such conduct is alleged to have occurred
before the date on which the alien was granted status under
title I of the Farm Work Modernization Act of 2021.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the first day of the seventh month that
begins after the date of the enactment of this Act.
(c) Conforming Amendments.--
(1) Social security act.--Section 210(a)(1) of the Social
Security Act (42 U.S.C. 410(a)(1)) is amended by inserting
before the semicolon the following: ``(other than aliens
granted certified agricultural worker status or certified
agricultural dependent status under title I of the Farm Work
Modernization Act of 2021''.
(2) Internal revenue code of 1986.--Section 3121(b)(1) of
the Internal Revenue Code of 1986 is amended by inserting
before the semicolon the following: ``(other than aliens
granted certified agricultural worker status or certified
agricultural dependent status under title I of the Farm Work
Modernization Act of 2021''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to service performed after the date
of the enactment of this Act.
(d) Automated System To Assign Social Security Account
Numbers.--Section 205(c)(2)(B) of the Social Security Act (42
U.S.C. 405(c)(2)(B)) is amended by adding at the end the
following:
``(iv) The Commissioner of Social Security shall, to the
extent practicable, coordinate with the Secretary of the
Department of Homeland Security to implement an automated
system for the Commissioner to assign social security account
numbers to aliens granted certified agricultural worker
status or certified agricultural dependent status under title
I of the Farm Work Modernization Act of 2021. An alien who is
granted such status, and who was not previously assigned a
social security account number, shall request assignment of a
social security account number and a social security card
from the Commissioner through such system. The Secretary
shall collect and provide to the Commissioner such
information as the Commissioner deems necessary for the
Commissioner to assign a social security account number,
which information may be used by the Commissioner for any
purpose for which the Commissioner is otherwise authorized
under Federal law. The Commissioner may maintain, use, and
disclose such information only as permitted by the Privacy
Act and other Federal law.''.
SEC. 129. DISCLOSURES AND PRIVACY.
(a) In General.--The Secretary may not disclose or use
information provided in an application for certified
agricultural worker status or adjustment of status under this
title (including information provided during administrative
or judicial review) for the purpose of immigration
enforcement.
(b) Referrals Prohibited.--The Secretary, based solely on
information provided in an application for certified
agricultural worker status or adjustment of status under this
title (including information provided during administrative
or judicial review), may not refer an applicant to U.S.
Immigration and Customs Enforcement, U.S. Customs and Border
Protection, or any designee of either such entity.
(c) Exceptions.--Notwithstanding subsections (a) and (b),
information provided in an application for certified
agricultural worker status or adjustment of status under this
title may be shared with Federal security and law enforcement
agencies--
(1) for assistance in the consideration of an application
under this title;
(2) to identify or prevent fraudulent claims or schemes;
(3) for national security purposes; or
(4) for the investigation or prosecution of any felony not
related to immigration status.
(d) Penalty.--Any person who knowingly uses, publishes, or
permits information to be examined in violation of this
section shall be fined not more than $10,000.
(e) Privacy.--The Secretary shall ensure that appropriate
administrative and physical safeguards are in place to
protect the security, confidentiality, and integrity of
personally identifiable information collected, maintained,
and disseminated pursuant to this title.
SEC. 130. PENALTIES FOR FALSE STATEMENTS IN APPLICATIONS.
(a) Criminal Penalty.--Any person who--
(1) files an application for certified agricultural worker
status or adjustment of status under this title and knowingly
falsifies, conceals, or covers up a material fact or makes
any false, fictitious, or fraudulent statements or
representations, or makes or uses any false writing or
document knowing the same to contain any false, fictitious,
or fraudulent statement or entry; or
(2) creates or supplies a false writing or document for use
in making such an application,
shall be fined in accordance with title 18, United States
Code, imprisoned not more than 5 years, or both.
(b) Inadmissibility.--An alien who is convicted under
subsection (a) shall be deemed inadmissible to the United
States under section 212(a)(6)(C)(i) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)).
(c) Deposit.--Fines collected under subsection (a) shall be
deposited into the Immigration Examinations Fee Account
pursuant to section 286(m) of the Immigration and Nationality
Act (8 U.S.C. 1356(m)).
SEC. 131. DISSEMINATION OF INFORMATION.
(a) In General.--Beginning not later than the first day of
the application period described in section 101(c)--
(1) the Secretary of Homeland Security, in cooperation with
qualified designated entities, shall broadly disseminate
information described in subsection (b); and
(2) the Secretary of Agriculture, in consultation with the
Secretary of Homeland Security, shall disseminate to
agricultural employers a document containing the information
described in subsection (b) for posting at employer
worksites.
(b) Information Described.--The information described in
this subsection shall include--
(1) the benefits that aliens may receive under this title;
and
(2) the requirements that an alien must meet to receive
such benefits.
SEC. 132. EXEMPTION FROM NUMERICAL LIMITATIONS.
The numerical limitations under title II of the
Immigration and Nationality Act (8 U.S.C. 1151 et seq.) shall
not apply to the adjustment of aliens to lawful permanent
resident status under this title, and such aliens shall not
be counted toward any such numerical limitation.
SEC. 133. REPORTS TO CONGRESS.
Not later than 180 days after the publication of the final
rule under section 122(a), and annually thereafter for the
following 10 years, the Secretary shall submit a report to
Congress that identifies, for the previous fiscal year--
(1) the number of principal aliens who applied for
certified agricultural worker status under subtitle A, and
the number of dependent spouses and children included in such
applications;
(2) the number of principal aliens who were granted
certified agricultural worker status under subtitle A, and
the number of dependent spouses and children who were granted
certified agricultural dependent status;
(3) the number of principal aliens who applied for an
extension of their certified agricultural worker status under
subtitle A, and the number of dependent spouses and children
included in such applications;
(4) the number of principal aliens who were granted an
extension of certified agricultural worker status under
subtitle A, and the number of dependent spouses and children
who were granted certified agricultural dependent status
under such an extension;
(5) the number of principal aliens who applied for
adjustment of status under subtitle B, and the number of
dependent spouses and children included in such applications;
[[Page H1532]]
(6) the number of principal aliens who were granted lawful
permanent resident status under subtitle B, and the number of
spouses and children who were granted such status as
dependents;
(7) the number of principal aliens included in petitions
described in section 101(e), and the number of dependent
spouses and children included in such applications; and
(8) the number of principal aliens who were granted H-2A
status pursuant to petitions described in section 101(e), and
the number of dependent spouses and children who were granted
H-4 status.
SEC. 134. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.
(a) Establishment.--The Secretary shall establish a program
to award grants, on a competitive basis, to eligible
nonprofit organizations to assist eligible applicants under
this title by providing them with the services described in
subsection (c).
(b) Eligible Nonprofit Organization.--For purposes of this
section, the term ``eligible nonprofit organization'' means
an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 (excluding a recipient of funds
under title X of the Economic Opportunity Act of 1964 (42
U.S.C. 2996 et seq.)) that has demonstrated qualifications,
experience, and expertise in providing quality services to
farm workers or aliens.
(c) Use of Funds.--Grant funds awarded under this section
may be used for the design and implementation of programs
that provide--
(1) information to the public regarding the eligibility and
benefits of certified agricultural worker status authorized
under this title; and
(2) assistance, within the scope of authorized practice of
immigration law, to individuals submitting applications for
certified agricultural worker status or adjustment of status
under this title, including--
(A) screening prospective applicants to assess their
eligibility for such status;
(B) completing applications, including providing assistance
in obtaining necessary documents and supporting evidence; and
(C) providing any other assistance that the Secretary
determines useful to assist aliens in applying for certified
agricultural worker status or adjustment of status under this
title.
(d) Source of Funds.--In addition to any funds appropriated
to carry out this section, the Secretary may use up to
$10,000,000 from the Immigration Examinations Fee Account
under section 286(m) of the Immigration and Nationality Act
(8 U.S.C. 1356(m)) to carry out this section.
(e) Eligibility for Services.--Section 504(a)(11) of Public
Law 104-134 (110 Stat. 1321-53 et seq.) shall not be
construed to prevent a recipient of funds under title X of
the Economic Opportunity Act of 1964 (42 U.S.C. 2996 et seq.)
from providing legal assistance directly related to an
application for status under this title or to an alien
granted such status.
SEC. 135. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary,
such sums as may be necessary to implement this title,
including any amounts needed for costs associated with the
initiation of such implementation, for each of fiscal years
2022 through 2024.
TITLE II--ENSURING AN AGRICULTURAL WORKFORCE FOR THE FUTURE
Subtitle A--Reforming the H-2A Temporary Worker Program
SEC. 201. COMPREHENSIVE AND STREAMLINED ELECTRONIC H-2A
PLATFORM.
(a) Streamlined H-2A Platform.--
(1) In general.--Not later than 12 months after the date of
the enactment of this Act, the Secretary of Homeland
Security, in consultation with the Secretary of Labor, the
Secretary of Agriculture, the Secretary of State, and United
States Digital Service, shall ensure the establishment of an
electronic platform through which a petition for an H-2A
worker may be filed. Such platform shall--
(A) serve as a single point of access for an employer to
input all information and supporting documentation required
for obtaining labor certification from the Secretary of Labor
and the adjudication of the H-2A petition by the Secretary of
Homeland Security;
(B) serve as a single point of access for the Secretary of
Homeland Security, the Secretary of Labor, and State
workforce agencies to concurrently perform their respective
review and adjudicatory responsibilities in the H-2A process;
(C) facilitate communication between employers and agency
adjudicators, including by allowing employers to--
(i) receive and respond to notices of deficiency and
requests for information;
(ii) submit requests for inspections and licensing;
(iii) receive notices of approval and denial; and
(iv) request reconsideration or appeal of agency decisions;
and
(D) provide information to the Secretary of State and U.S.
Customs and Border Protection necessary for the efficient and
secure processing of H-2A visas and applications for
admission.
(2) Objectives.--In developing the platform described in
paragraph (1), the Secretary of Homeland Security, in
consultation with the Secretary of Labor, the Secretary of
Agriculture, the Secretary of State, and United States
Digital Service, shall streamline and improve the H-2A
process, including by--
(A) eliminating the need for employers to submit duplicate
information and documentation to multiple agencies;
(B) eliminating redundant processes, where a single matter
in a petition is adjudicated by more than one agency;
(C) reducing the occurrence of common petition errors, and
otherwise improving and expediting the processing of H-2A
petitions; and
(D) ensuring compliance with H-2A program requirements and
the protection of the wages and working conditions of
workers.
(b) Online Job Registry.--The Secretary of Labor shall
maintain a national, publicly-accessible online job registry
and database of all job orders submitted by H-2A employers.
The registry and database shall--
(1) be searchable using relevant criteria, including the
types of jobs needed to be filled, the date(s) and
location(s) of need, and the employer(s) named in the job
order;
(2) provide an interface for workers in English, Spanish,
and any other language that the Secretary of Labor determines
to be appropriate; and
(3) provide for public access of job orders approved under
section 218(h)(2) of the Immigration and Nationality Act.
SEC. 202. H-2A PROGRAM REQUIREMENTS.
Section 218 of the Immigration and Nationality Act (8
U.S.C. 1188) is amended to read as follows:
``SEC. 218. ADMISSION OF TEMPORARY H-2A WORKERS.
``(a) Labor Certification Conditions.--The Secretary of
Homeland Security may not approve a petition to admit an H-2A
worker unless the Secretary of Labor has certified that--
``(1) there are not sufficient United States workers who
are able, willing and qualified, and who will be available at
the time and place needed, to perform the agricultural labor
or services described in the petition; and
``(2) the employment of the H-2A worker in such labor or
services will not adversely affect the wages and working
conditions of workers in the United States who are similarly
employed.
``(b) H-2A Petition Requirements.--An employer filing a
petition for an H-2A worker to perform agricultural labor or
services shall attest to and demonstrate compliance, as and
when appropriate, with all applicable requirements under this
section, including the following:
``(1) Need for labor or services.--The employer has
described the need for agricultural labor or services in a
job order that includes a description of the nature and
location of the work to be performed, the material terms and
conditions of employment, the anticipated period or periods
(expected start and end dates) for which the workers will be
needed, and the number of job opportunities in which the
employer seeks to employ the workers.
``(2) Nondisplacement of united states workers.--The
employer has not and will not displace United States workers
employed by the employer during the period of employment of
the H-2A worker and during the 60-day period immediately
preceding such period of employment in the job for which the
employer seeks approval to employ the H-2A worker.
``(3) Strike or lockout.--Each place of employment
described in the petition is not, at the time of filing the
petition and until the petition is approved, subject to a
strike or lockout in the course of a labor dispute.
``(4) Recruitment of united states workers.--The employer
shall engage in the recruitment of United States workers as
described in subsection (c) and shall hire such workers who
are able, willing and qualified, and who will be available at
the time and place needed, to perform the agricultural labor
or services described in the petition. The employer may
reject a United States worker only for lawful, job-related
reasons.
``(5) Wages, benefits, and working conditions.--The
employer shall offer and provide, at a minimum, the wages,
benefits, and working conditions required by this section to
the H-2A worker and all workers who are similarly employed.
The employer--
``(A) shall offer such similarly employed workers not less
than the same benefits, wages, and working conditions that
the employer is offering or will provide to the H-2A worker;
and
``(B) may not impose on such similarly employed workers any
restrictions or obligations that will not be imposed on the
H-2A worker.
``(6) Workers' compensation.--If the job opportunity is not
covered by or is exempt from the State workers' compensation
law, the employer shall provide, at no cost to the worker,
insurance covering injury and disease arising out of, and in
the course of, the worker's employment which will provide
benefits at least equal to those provided under the State
workers' compensation law.
``(7) Compliance with labor and employment laws.--The
employer shall comply with all applicable Federal, State and
local employment-related laws and regulations.
``(8) Compliance with worker protections.--The employer
shall comply with section 204 of the Farm Workforce
Modernization Act of 2021.
``(9) Compliance with foreign labor recruitment laws.--The
employer shall comply with subtitle C of title II of the Farm
Workforce Modernization Act of 2021.
``(c) Recruiting Requirements.--
``(1) In general.--The employer may satisfy the recruitment
requirement described in subsection (b)(4) by satisfying all
of the following:
``(A) Job order.--As provided in subsection (h)(1), the
employer shall complete a job order for posting on the
electronic job registry maintained by the Secretary of Labor
and for distribution by the appropriate State workforce
agency. Such posting shall remain on the job registry as an
active job order through the period described in paragraph
(2)(B).
``(B) Former workers.--At least 45 days before each start
date identified in the petition, the employer shall--
``(i) make reasonable efforts to contact any United States
worker the employer employed in the previous year in the same
occupation and
[[Page H1533]]
area of intended employment for which an H-2A worker is
sought (excluding workers who were terminated for cause or
abandoned the worksite); and
``(ii) post such job opportunity in a conspicuous location
or locations at the place of employment.
``(C) Positive recruitment.--During the period of
recruitment, the employer shall complete any other positive
recruitment steps within a multi-State region of traditional
or expected labor supply where the Secretary of Labor finds
that there are a significant number of qualified United
States workers who, if recruited, would be willing to make
themselves available for work at the time and place needed.
``(2) Period of recruitment.--
``(A) In general.--For purposes of this subsection, the
period of recruitment begins on the date on which the job
order is posted on the online job registry and ends on the
date that H-2A workers depart for the employer's place of
employment. For a petition involving more than one start date
under subsection (h)(1)(C), the end of the period of
recruitment shall be determined by the date of departure of
the H-2A workers for the final start date identified in the
petition.
``(B) Requirement to hire us workers.--
``(i) In general.--Notwithstanding the limitations of
subparagraph (A), the employer will provide employment to any
qualified United States worker who applies to the employer
for any job opportunity included in the petition until the
later of--
``(I) the date that is 30 days after the date on which work
begins; or
``(II) the date on which--
``(aa) 33 percent of the work contract for the job
opportunity has elapsed; or
``(bb) if the employer is a labor contractor, 50 percent of
the work contract for the job opportunity has elapsed.
``(ii) Staggered entry.--For a petition involving more than
one start date under subsection (h)(1)(C), each start date
designated in the petition shall establish a separate job
opportunity. An employer may not reject a United States
worker because the worker is unable or unwilling to fill more
than one job opportunity included in the petition.
``(iii) Exception.--Notwithstanding clause (i), the
employer may offer a job opportunity to an H-2A worker
instead of an alien granted certified agricultural worker
status under title I of the Farm Workforce Modernization Act
of 2021 if the H-2A worker was employed by the employer in
each of 3 years during the most recent 4-year period.
``(3) Recruitment report.--
``(A) In general.--The employer shall maintain a
recruitment report through the applicable period described in
paragraph (2)(B) and submit regular updates through the
electronic platform on the results of recruitment. The
employer shall retain the recruitment report, and all
associated recruitment documentation, for a period of 3 years
from the date of certification.
``(B) Burden of proof.--If the employer asserts that any
eligible individual who has applied or been referred is not
able, willing or qualified, the employer bears the burden of
proof to establish that the individual is not able, willing
or qualified because of a lawful, employment-related reason.
``(d) Wage Requirements.--
``(1) In general.--Each employer under this section will
offer the worker, during the period of authorized employment,
wages that are at least the greatest of--
``(A) the agreed-upon collective bargaining wage;
``(B) the adverse effect wage rate (or any successor wage
established under paragraph (7));
``(C) the prevailing wage (hourly wage or piece rate); or
``(D) the Federal or State minimum wage.
``(2) Adverse effect wage rate determinations.--
``(A) In general.--Except as provided under subparagraph
(B), the applicable adverse effect wage rate for each State
and occupational classification for a calendar year shall be
as follows:
``(i) The annual average hourly wage for the occupational
classification in the State or region as reported by the
Secretary of Agriculture based on a wage survey conducted by
such Secretary.
``(ii) If a wage described in clause (i) is not reported,
the national annual average hourly wage for the occupational
classification as reported by the Secretary of Agriculture
based on a wage survey conducted by such Secretary.
``(iii) If a wage described in clause (i) or (ii) is not
reported, the Statewide annual average hourly wage for the
standard occupational classification as reported by the
Secretary of Labor based on a wage survey conducted by such
Secretary.
``(iv) If a wage described in clause (i), (ii), or (iii) is
not reported, the national average hourly wage for the
occupational classification as reported by the Secretary of
Labor based on a wage survey conducted by such Secretary.
``(B) Limitations on wage fluctuations.--
``(i) Wage freeze for calendar year 2022.--For calendar
year 2022, the adverse effect wage rate for each State and
occupational classification under this subsection shall be
the adverse effect wage rate that was in effect for H-2A
workers in the applicable State on the date of the
introduction of the Farm Workforce Modernization Act of 2021.
``(ii) Calendar years 2023 through 2031.--For each of
calendar years 2023 through 2031, the adverse effect wage
rate for each State and occupational classification under
this subsection shall be the wage calculated under
subparagraph (A), except that such wage may not--
``(I) be more than 1.5 percent lower than the wage in
effect for H-2A workers in the applicable State and
occupational classification in the immediately preceding
calendar year;
``(II) except as provided in clause (III), be more than
3.25 percent higher than the wage in effect for H-2A workers
in the applicable State and occupational classification in
the immediately preceding calendar year; and
``(III) if the application of clause (II) results in a wage
that is lower than 110 percent of the applicable Federal or
State minimum wage, be more than 4.25 percent higher than the
wage in effect for H-2A workers in the applicable State and
occupational classification in the immediately preceding
calendar year.
``(iii) Calendar years after 2031.--For any calendar year
after 2031, the applicable wage rate described in paragraph
(1)(B) shall be the wage rate established pursuant to
paragraph (7)(D). Until such wage rate is effective, the
adverse effect wage rate for each State and occupational
classification under this subsection shall be the wage
calculated under subparagraph (A), except that such wage may
not be more than 1.5 percent lower or 3.25 percent higher
than the wage in effect for H-2A workers in the applicable
State and occupational classification in the immediately
preceding calendar year.
``(3) Multiple occupations.--If the primary job duties for
the job opportunity described in the petition do not fall
within a single occupational classification, the applicable
wage rates under subparagraphs (B) and (C) of paragraph (1)
for the job opportunity shall be based on the highest such
wage rates for all applicable occupational classifications.
``(4) Publication; wages in effect.--
``(A) Publication.--Prior to the start of each calendar
year, the Secretary of Labor shall publish the applicable
adverse effect wage rate (or successor wage rate, if any),
and prevailing wage if available, for each State and
occupational classification through notice in the Federal
Register.
``(B) Job orders in effect.--Except as provided in
subparagraph (C), publication by the Secretary of Labor of an
updated adverse effect wage rate or prevailing wage for a
State and occupational classification shall not affect the
wage rate guaranteed in any approved job order for which
recruitment efforts have commenced at the time of
publication.
``(C) Exception for year-round jobs.--If the Secretary of
Labor publishes an updated adverse effect wage rate or
prevailing wage for a State and occupational classification
concerning a petition described in subsection (i), and the
updated wage is higher than the wage rate guaranteed in the
work contract, the employer shall pay the updated wage not
later than 14 days after publication of the updated wage in
the Federal Register.
``(5) Workers paid on a piece rate or other incentive
basis.--If an employer pays by the piece rate or other
incentive method and requires one or more minimum
productivity standards as a condition of job retention, such
standards shall be specified in the job order and shall be no
more than those normally required (at the time of the first
petition for H-2A workers) by other employers for the
activity in the area of intended employment, unless the
Secretary of Labor approves a higher minimum standard
resulting from material changes in production methods.
``(6) Guarantee of employment.--
``(A) Offer to worker.--The employer shall guarantee the
worker employment for the hourly equivalent of at least
three-fourths of the work days of the total period of
employment, beginning with the first work day after the
arrival of the worker at the place of employment and ending
on the date specified in the job offer. For purposes of this
subparagraph, the hourly equivalent means the number of hours
in the work days as stated in the job offer and shall exclude
the worker's Sabbath and Federal holidays. If the employer
affords the worker less employment than that required under
this paragraph, the employer shall pay the worker the amount
which the worker would have earned had the worker, in fact,
worked for the guaranteed number of hours.
``(B) Failure to work.--Any hours which the worker fails to
work, up to a maximum of the number of hours specified in the
job offer for a work day, when the worker has been offered an
opportunity to do so, and all hours of work actually
performed (including voluntary work in excess of the number
of hours specified in the job offer in a work day, on the
worker's Sabbath, or on Federal holidays) may be counted by
the employer in calculating whether the period of guaranteed
employment has been met.
``(C) Abandonment of employment; termination for cause.--If
the worker voluntarily abandons employment without good cause
before the end of the contract period, or is terminated for
cause, the worker is not entitled to the guarantee of
employment described in subparagraph (A).
``(D) Contract impossibility.--If, before the expiration of
the period of employment specified in the job offer, the
services of the worker are no longer required for reasons
beyond the control of the employer due to any form of natural
disaster before the guarantee in subparagraph (A) is
fulfilled, the employer may terminate the worker's
employment. In the event of such termination, the employer
shall fulfill the employment guarantee in subparagraph (A)
for the work days that have elapsed from the first work day
after the arrival of the worker to the termination of
employment. The employer shall make efforts to transfer a
worker to other comparable employment acceptable to the
worker. If such transfer is not affected, the employer shall
provide the return transportation required in subsection
(f)(2).
``(7) Wage standards after 2031.--
``(A) Study of adverse effect wage rate.--Beginning in
fiscal year 2028, the Secretary of Agriculture and Secretary
of Labor shall jointly conduct a study that addresses--
[[Page H1534]]
``(i) whether the employment of H-2A workers has depressed
the wages of United States farm workers;
``(ii) whether an adverse effect wage rate is necessary to
protect the wages of United States farm workers in
occupations in which H-2A workers are employed;
``(iii) whether alternative wage standards would be
sufficient to prevent wages in occupations in which H-2A
workers are employed from falling below the wage level that
would have prevailed in the absence of H-2A employment;
``(iv) whether any changes are warranted in the current
methodologies for calculating the adverse effect wage rate
and the prevailing wage rate; and
``(v) recommendations for future wage protection under this
section.
``(B) Final report.--Not later than October 1, 2029, the
Secretary of Agriculture and Secretary of Labor shall jointly
prepare and submit a report to the Congress setting forth the
findings of the study conducted under subparagraph (A) and
recommendations for future wage protections under this
section.
``(C) Consultation.--In conducting the study under
subparagraph (A) and preparing the report under subparagraph
(B), the Secretary of Agriculture and Secretary of Labor
shall consult with representatives of agricultural employers
and an equal number of representatives of agricultural
workers, at the national, State and local level.
``(D) Wage determination after 2031.--Upon publication of
the report described in subparagraph (B), the Secretary of
Labor, in consultation with and the approval of the Secretary
of Agriculture, shall make a rule to establish a process for
annually determining the wage rate for purposes of paragraph
(1)(B) for fiscal years after 2031. Such process shall be
designed to ensure that the employment of H-2A workers does
not undermine the wages and working conditions of similarly
employed United States workers.
``(e) Housing Requirements.--Employers shall furnish
housing in accordance with regulations established by the
Secretary of Labor. Such regulations shall be consistent with
the following:
``(1) In general.--The employer shall be permitted at the
employer's option to provide housing meeting applicable
Federal standards for temporary labor camps or to secure
housing which meets the local standards for rental and/or
public accommodations or other substantially similar class of
habitation: Provided, That in the absence of applicable local
standards, State standards for rental and/or public
accommodations or other substantially similar class of
habitation shall be met: Provided further, That in the
absence of applicable local or State standards, Federal
temporary labor camp standards shall apply.
``(2) Family housing.--Except as otherwise provided in
subsection (i)(5), the employer shall provide family housing
to workers with families who request it when it is the
prevailing practice in the area and occupation of intended
employment to provide family housing.
``(3) United states workers.--Notwithstanding paragraphs
(1) and (2), an employer is not required to provide housing
to United States workers who are reasonably able to return to
their residence within the same day.
``(4) Timing of inspection.--
``(A) In general.--The Secretary of Labor or designee shall
make a determination as to whether the housing furnished by
an employer for a worker meets the requirements imposed by
this subsection prior to the date on which the Secretary of
Labor is required to make a certification with respect to a
petition for the admission of such worker.
``(B) Timely inspection.--The Secretary of Labor shall
provide a process for--
``(i) an employer to request inspection of housing up to 60
days before the date on which the employer will file a
petition under this section; and
``(ii) annual inspection of housing for workers who are
engaged in agricultural employment that is not of a seasonal
or temporary nature.
``(f) Transportation Requirements.--
``(1) Travel to place of employment.--A worker who
completes 50 percent of the period of employment specified in
the job order shall be reimbursed by the employer for the
cost of the worker's transportation and subsistence from the
place from which the worker came to work for the employer (or
place of last employment, if the worker traveled from such
place) to the place of employment.
``(2) Travel from place of employment.--For a worker who
completes the period of employment specified in the job order
or who is terminated without cause, the employer shall
provide or pay for the worker's transportation and
subsistence from the place of employment to the place from
which the worker, disregarding intervening employment, came
to work for the employer, or to the place of next employment,
if the worker has contracted with a subsequent employer who
has not agreed to provide or pay for the worker's
transportation and subsistence to such subsequent employer's
place of employment.
``(3) Limitation.--
``(A) Amount of reimbursement.--Except as provided in
subparagraph (B), the amount of reimbursement provided under
paragraph (1) or (2) to a worker need not exceed the lesser
of--
``(i) the actual cost to the worker of the transportation
and subsistence involved; or
``(ii) the most economical and reasonable common carrier
transportation charges and subsistence costs for the distance
involved.
``(B) Distance traveled.--For travel to or from the
worker's home country, if the travel distance between the
worker's home and the relevant consulate is 50 miles or less,
reimbursement for transportation and subsistence may be based
on transportation to or from the consulate.
``(g) Heat Illness Prevention Plan.--
``(1) In general.--The employer shall maintain a reasonable
plan that describes the employer's procedures for the
prevention of heat illness, including appropriate training,
access to water and shade, the provision of breaks, and the
protocols for emergency response. Such plan shall--
``(A) be in writing in English and, to the extent
necessary, any language common to a significant portion of
the workers if they are not fluent in English; and
``(B) be posted at a conspicuous location at the worksite
and provided to employees prior to the commencement of labor
or services.
``(2) Clarification.--Nothing in this subsection is
intended to limit any other Federal or State authority to
promulgate, enforce, or maintain health and safety standards
related to heat-related illness.
``(h) H-2A Petition Procedures.--
``(1) Submission of petition and job order.--
``(A) In general.--The employer shall submit information
required for the adjudication of the H-2A petition, including
a job order, through the electronic platform no more than 75
calendar days and no fewer than 60 calendar days before the
employer's first date of need specified in the petition.
``(B) Filing by agricultural associations.--An association
of agricultural producers that use agricultural services may
file an H-2A petition under subparagraph (A). If an
association is a joint or sole employer of workers who
perform agricultural labor or services, H-2A workers may be
used for the approved job opportunities of any of the
association's producer members and such workers may be
transferred among its producer members to perform the
agricultural labor or services for which the petition was
approved.
``(C) Petitions involving staggered entry.--
``(i) In general.--Except as provided in clause (ii), an
employer may file a petition involving employment in the same
occupational classification and same area of intended
employment with multiple start dates if--
``(I) the petition involves temporary or seasonal
employment and no more than 10 start dates;
``(II) the multiple start dates share a common end date;
``(III) no more than 120 days separate the first start date
and the final start date listed in the petition; and
``(IV) the need for multiple start dates arises from
variations in labor needs associated with the job opportunity
identified in the petition.
``(ii) Labor contractors.--A labor contractor may not file
a petition described in clause (i) unless the labor
contractor--
``(I) is filing as a joint employer with its contractees,
or is operating in a State in which joint employment and
liability between the labor contractor and its contractees is
otherwise established; or
``(II) has posted and is maintaining a premium surety bond
as described in subsection (l)(1).
``(2) Labor certification.--
``(A) Review of job order.--
``(i) In general.--The Secretary of Labor, in consultation
with the relevant State workforce agency, shall review the
job order for compliance with this section and notify the
employer through the electronic platform of any deficiencies
not later than 7 business days from the date the employer
submits the necessary information required under paragraph
(1)(A). The employer shall be provided 5 business days to
respond to any such notice of deficiency.
``(ii) Standard.--The job order must include all material
terms and conditions of employment, including the
requirements of this section, and must be otherwise
consistent with the minimum standards provided under Federal,
State or local law. In considering the question of whether a
specific qualification is appropriate in a job order, the
Secretary of Labor shall apply the normal and accepted
qualification required by non-H-2A employers in the same or
comparable occupations and crops.
``(iii) Emergency procedures.--The Secretary of Labor shall
establish emergency procedures for the curing of deficiencies
that cannot be resolved during the period described in clause
(i).
``(B) Approval of job order.--
``(i) In general.--Upon approval of the job order, the
Secretary of Labor shall immediately place for public
examination a copy of the job order on the online job
registry, and the State workforce agency serving the area of
intended employment shall commence the recruitment of United
States workers.
``(ii) Referral of united states workers.--The Secretary of
Labor and State workforce agency shall keep the job order
active until the end of the period described in subsection
(c)(2) and shall refer to the employer each United States
worker who applies for the job opportunity.
``(C) Review of information for deficiencies.--Within 7
business days of the approval of the job order, the Secretary
of Labor shall review the information necessary to make a
labor certification and notify the employer through the
electronic platform if such information does not meet the
standards for approval. Such notification shall include a
description of any deficiency, and the employer shall be
provided 5 business days to cure such deficiency.
``(D) Certification and authorization of workers.--Not
later than 30 days before the date that labor or services are
first required to be performed, the Secretary of Labor shall
issue the requested labor certification if the Secretary
determines that the requirements set forth in this section
have been met.
[[Page H1535]]
``(E) Expedited administrative appeals of certain
determinations.--The Secretary of Labor shall by regulation
establish a procedure for an employer to request the
expedited review of a denial of a labor certification under
this section, or the revocation of such a certification. Such
procedure shall require the Secretary to expeditiously, but
no later than 72 hours after expedited review is requested,
issue a de novo determination on a labor certification that
was denied in whole or in part because of the availability of
able, willing and qualified workers if the employer
demonstrates, consistent with subsection (c)(3)(B), that such
workers are not actually available at the time or place such
labor or services are required.
``(3) Petition decision.--
``(A) In general.--Not later than 7 business days after the
Secretary of Labor issues the certification, the Secretary of
Homeland Security shall issue a decision on the petition and
shall transmit a notice of action to the petitioner via the
electronic platform.
``(B) Approval.--Upon approval of a petition under this
section, the Secretary of Homeland Security shall ensure that
such approval is noted in the electronic platform and is
available to the Secretary of State and U.S. Customs and
Border Protection, as necessary, to facilitate visa issuance
and admission.
``(C) Partial approval.--A petition for multiple named
beneficiaries may be partially approved with respect to
eligible beneficiaries notwithstanding the ineligibility, or
potential ineligibility, of one or more other beneficiaries.
``(D) Post-certification amendments.--The Secretary of
Labor shall provide a process for amending a request for
labor certification in conjunction with an H-2A petition,
subsequent to certification by the Secretary of Labor, in
cases in which the requested amendment does not materially
change the petition (including the job order).
``(4) Roles of agricultural associations.--
``(A) Member's violation does not necessarily disqualify
association or other members.--If an individual producer
member of a joint employer association is determined to have
committed an act that results in the denial of a petition
with respect to the member, the denial shall apply only to
that member of the association unless the Secretary of Labor
determines that the association or other member participated
in, had knowledge of, or reason to know of, the violation.
``(B) Association's violation does not necessarily
disqualify members.--
``(i) If an association representing agricultural producers
as a joint employer is determined to have committed an act
that results in the denial of a petition with respect to the
association, the denial shall apply only to the association
and does not apply to any individual producer member of the
association unless the Secretary of Labor determines that the
member participated in, had knowledge of, or reason to know
of, the violation.
``(ii) If an association of agricultural producers
certified as a sole employer is determined to have committed
an act that results in the denial of a petition with respect
to the association, no individual producer member of such
association may be the beneficiary of the services of H-2A
workers in the commodity and occupation in which such aliens
were employed by the association which was denied during the
period such denial is in force, unless such producer member
employs such aliens in the commodity and occupation in
question directly or through an association which is a joint
employer of such workers with the producer member.
``(5) Special procedures.--The Secretary of Labor, in
consultation with the Secretary of Agriculture and Secretary
of Homeland Security, may by regulation establish alternate
procedures that reasonably modify program requirements under
this section, when the Secretary determines that such
modifications are required due to the unique nature of the
work involved.
``(6) Construction occupations.--An employer may not file a
petition under this section on behalf of a worker if the
majority of the worker's duties will fall within a
construction or extraction occupational classification.
``(i) Non-Temporary or -Seasonal Needs.--
``(1) In general.--Notwithstanding the requirement in
section 101(a)(15)(H)(ii)(a) that the agricultural labor or
services performed by an H-2A worker be of a temporary or
seasonal nature, the Secretary of Homeland Security may,
consistent with the provisions of this subsection, approve a
petition for an H-2A worker to perform agricultural services
or labor that is not of a temporary or seasonal nature.
``(2) Numerical limitations.--
``(A) First 3 fiscal years.--The total number of aliens who
may be issued visas or otherwise provided H-2A nonimmigrant
status under paragraph (1) for the first fiscal year during
which the first visa is issued under such paragraph and for
each of the following two fiscal years may not exceed 20,000.
``(B) Fiscal years 4 through 10.--
``(i) In general.--The total number of aliens who may be
issued visas or otherwise provided H-2A nonimmigrant status
under paragraph (1) for the first fiscal year following the
fiscal years referred to in subparagraph (A) and for each of
the following 6 fiscal years may not exceed a numerical
limitation jointly imposed by the Secretary of Agriculture
and Secretary of Labor in accordance with clause (ii).
``(ii) Annual adjustments.--For each fiscal year referred
to in clause (i), the Secretary of Agriculture and Secretary
of Labor, in consultation with the Secretary of Homeland
Security, shall establish a numerical limitation for purposes
of clause (i). Such numerical limitation may not be lower
20,000 and may not vary by more than 12.5 percent compared to
the numerical limitation applicable to the immediately
preceding fiscal year. In establishing such numerical
limitation, the Secretaries shall consider appropriate
factors, including--
``(I) a demonstrated shortage of agricultural workers;
``(II) the level of unemployment and underemployment of
agricultural workers during the preceding fiscal year;
``(III) the number of H-2A workers sought by employers
during the preceding fiscal year to engage in agricultural
labor or services not of a temporary or seasonal nature;
``(IV) the number of such H-2A workers issued a visa in the
most recent fiscal year who remain in the United States in
compliance with the terms of such visa;
``(V) the estimated number of United States workers,
including workers who obtained certified agricultural worker
status under title I of the Farm Workforce Modernization Act
of 2021, who worked during the preceding fiscal year in
agricultural labor or services not of a temporary or seasonal
nature;
``(VI) the number of such United States workers who
accepted jobs offered by employers using the online job
registry during the preceding fiscal year;
``(VII) any growth or contraction of the United States
agricultural industry that has increased or decreased the
demand for agricultural workers; and
``(VIII) any changes in the real wages paid to agricultural
workers in the United States as an indication of a shortage
or surplus of agricultural labor.
``(C) Subsequent fiscal years.--For each fiscal year
following the fiscal years referred to in subparagraph (B),
the Secretary of Agriculture and Secretary of Labor shall
jointly determine, in consultation with the Secretary of
Homeland Security, and after considering appropriate factors,
including those factors listed in subclauses (I) through
(VIII) of subparagraph (B)(ii), whether to establish a
numerical limitation for that fiscal year. If a numerical
limitation is so established--
``(i) such numerical limitation may not be lower than
highest number of aliens admitted under this subsection in
any of the three fiscal years immediately preceding the
fiscal year for which the numerical limitation is to be
established; and
``(ii) the total number of aliens who may be issued visas
or otherwise provided H-2A nonimmigrant status under
paragraph (1) for that fiscal year may not exceed such
numerical limitation.
``(D) Emergency procedures.--The Secretary of Agriculture
and Secretary of Labor, in consultation with the Secretary of
Homeland Security, shall jointly establish by regulation
procedures for immediately adjusting a numerical limitation
imposed under subparagraph (B) or (C) to account for
significant labor shortages.
``(3) Allocation of visas.--
``(A) Bi-annual allocation.--The annual allocation of visas
described in paragraph (2) shall be evenly allocated between
two halves of the fiscal year unless the Secretary of
Homeland Security, in consultation with the Secretary of
Agriculture and Secretary of Labor, determines that an
alternative allocation would better accommodate demand for
visas. Any unused visas in the first half of the fiscal year
shall be added to the allocation for the subsequent half of
the same fiscal year.
``(B) Reserve for dairy labor or services.--
``(i) In general.--Of the visa numbers made available in
each half of the fiscal year pursuant to subparagraph (A), 50
percent of such visas shall be reserved for employers filing
petitions seeking H-2A workers to engage in agricultural
labor or services in the dairy industry.
``(ii) Exception.--If, after 4 months have elapsed in one
half of the fiscal year, the Secretary of Homeland Security
determines that application of clause (i) will result in
visas going unused during that half of the fiscal year,
clause (i) shall not apply to visas under this paragraph
during the remainder of such calendar half.
``(C) Limited allocation for certain special procedures
industries.--
``(i) In general.--Notwithstanding the numerical
limitations under paragraph (2), up to 500 aliens may be
issued visas or otherwise provided H-2A nonimmigrant status
under paragraph (1) in a fiscal year for range sheep or goat
herding.
``(ii) Limitation.--The total number of aliens in the
United States in valid H-2A status under clause (i) at any
one time may not exceed 500.
``(iii) Clarification.--Any visas issued under this
subparagraph may not be considered for purposes of the annual
adjustments under subparagraphs (B) and (C) of paragraph (2).
``(4) Annual round trip home.--
``(A) In general.--In addition to the other requirements of
this section, an employer shall provide H-2A workers employed
under this subsection, at no cost to such workers, with
annual round trip travel, including transportation and
subsistence during travel, to their homes in their
communities of origin. The employer must provide such travel
within 14 months of the initiation of the worker's
employment, and no more than 14 months can elapse between
each required period of travel.
``(B) Limitation.--The cost of travel under subparagraph
(A) need not exceed the lesser of--
``(i) the actual cost to the worker of the transportation
and subsistence involved; or
``(ii) the most economical and reasonable common carrier
transportation charges and subsistence costs for the distance
involved.
``(5) Family housing.--An employer seeking to employ an H-
2A worker pursuant to this subsection shall offer family
housing to workers with families if such workers are engaged
in agricultural employment that is not of a seasonal or
temporary nature. The worker may reject such an offer. The
employer may not charge the
[[Page H1536]]
worker for the worker's housing, except that if the worker
accepts family housing, a prorated rent based on the fair
market value for such housing may be charged for the worker's
family members.
``(6) Workplace safety plan for dairy employees.--
``(A) In general.--If an employer is seeking to employ a
worker in agricultural labor or services in the dairy
industry pursuant to this subsection, the employer must
report incidents consistent with the requirements under
section 1904.39 of title 29, Code of Federal Regulations, and
maintain an effective worksite safety and compliance plan to
prevent workplace accidents and otherwise ensure safety. Such
plan shall--
``(i) be in writing in English and, to the extent
necessary, any language common to a significant portion of
the workers if they are not fluent in English; and
``(ii) be posted at a conspicuous location at the worksite
and provided to employees prior to the commencement of labor
or services.
``(B) Contents of plan.--The Secretary of Labor, in
consultation with the Secretary of Agriculture, shall
establish by regulation the minimum requirements for the plan
described in subparagraph (A). Such plan shall include
measures to--
``(i) require workers (other than the employer's family
members) whose positions require contact with animals to
complete animal care training, including animal handling and
job-specific animal care;
``(ii) protect against sexual harassment and violence,
resolve complaints involving harassment or violence, and
protect against retaliation against workers reporting
harassment or violence; and
``(iii) contain other provisions necessary for ensuring
workplace safety, as determined by the Secretary of Labor, in
consultation with the Secretary of Agriculture.
``(C) Clarification.--Nothing in this paragraph is intended
to apply to persons or entities that are not seeking to
employ workers under this section. Nothing in this paragraph
is intended to limit any other Federal or State authority to
promulgate, enforce, or maintain health and safety standards
related to the dairy industry.
``(j) Eligibility for H-2A Status and Admission to the
United States.--
``(1) Disqualification.--An alien shall be ineligible for
admission to the United States as an H-2A worker pursuant to
a petition filed under this section if the alien was admitted
to the United States as an H-2A worker within the past 5
years of the date the petition was filed and--
``(A) violated a material provision of this section,
including the requirement to promptly depart the United
States when the alien's authorized period of admission has
expired, unless the alien has good cause for such failure to
depart; or
``(B) otherwise violated a term or condition of admission
into the United States as an H-2A worker.
``(2) Visa validity.--A visa issued to an H-2A worker shall
be valid for 3 years and shall allow for multiple entries
during the approved period of admission.
``(3) Period of authorized stay; admission.--
``(A) In general.--An alien admissible as an H-2A worker
shall be authorized to stay in the United States for the
period of employment specified in the petition approved by
the Secretary of Homeland Security under this section. The
maximum continuous period of authorized stay for an H-2A
worker is 36 months.
``(B) Requirement to remain outside the united states.--In
the case of an H-2A worker whose maximum continuous period of
authorized stay (including any extensions) has expired, the
alien may not again be eligible for such stay until the alien
remains outside the United States for a cumulative period of
at least 45 days.
``(C) Exceptions.--The Secretary of Homeland Security shall
deduct absences from the United States that take place during
an H-2A worker's period of authorized stay from the period
that the alien is required to remain outside the United
States under subparagraph (B), if the alien or the alien's
employer requests such a deduction, and provides clear and
convincing proof that the alien qualifies for such a
deduction. Such proof shall consist of evidence including,
but not limited to, arrival and departure records, copies of
tax returns, and records of employment abroad.
``(D) Admission.--In addition to the maximum continuous
period of authorized stay, an H-2A worker's authorized period
of admission shall include an additional period of 10 days
prior to the beginning of the period of employment for the
purpose of traveling to the place of employment and 45 days
at the end of the period of employment for the purpose of
traveling home or seeking an extension of status based on a
subsequent offer of employment if the worker has not reached
the maximum continuous period of authorized stay under
subparagraph (A) (subject to the exceptions in subparagraph
(C)).
``(4) Continuing h-2a workers.--
``(A) Successive employment.--An H-2A worker is authorized
to start new or concurrent employment upon the filing of a
nonfrivolous H-2A petition, or as of the requested start
date, whichever is later if--
``(i) the petition to start new or concurrent employment
was filed prior to the expiration of the H-2A worker's period
of admission as defined in paragraph (3)(D); and
``(ii) the H-2A worker has not been employed without
authorization in the United States from the time of last
admission to the United States in H-2A status through the
filing of the petition for new employment.
``(B) Protection due to immigrant visa backlogs.--
Notwithstanding the limitations on the period of authorized
stay described in paragraph (3), any H-2A worker who--
``(i) is the beneficiary of an approved petition, filed
under section 204(a)(1)(E) or (F) for preference status under
section 203(b)(3)(A)(iii); and
``(ii) is eligible to be granted such status but for the
annual limitations on visas under section 203(b)(3)(A),
may apply for, and the Secretary of Homeland Security may
grant, an extension of such nonimmigrant status until the
Secretary of Homeland Security issues a final administrative
decision on the alien's application for adjustment of status
or the Secretary of State issues a final decision on the
alien's application for an immigrant visa.
``(5) Abandonment of employment.--
``(A) In general.--Except as provided in subparagraph (B),
an H-2A worker who abandons the employment which was the
basis for the worker's authorized stay, without good cause,
shall be considered to have failed to maintain H-2A status
and shall depart the United States or be subject to removal
under section 237(a)(1)(C)(i).
``(B) Grace period to secure new employment.--An H-2A
worker shall not be considered to have failed to maintain H-
2A status solely on the basis of a cessation of the
employment on which the alien's classification was based for
a period of 45 consecutive days, or until the end of the
authorized validity period, whichever is shorter, once during
each authorized validity period.
``(k) Required Disclosures.--
``(1) Disclosure of work contract.--Not later than the time
the H-2A worker applies for a visa, the employer shall
provide the worker with a copy of the work contract that
includes the disclosures and rights under this section (or in
the absence of such a contract, a copy of the job order and
proof of the certification described in subparagraphs (B) and
(D) of subsection (h)(2)). An H-2A worker moving from one H-
2A employer to a subsequent H-2A employer shall be provided
with a copy of the new employment contract no later than the
time an offer of employment is made by the subsequent
employer.
``(2) Hours and earnings statements.--The employer shall
furnish to H-2A workers, on or before each payday, in one or
more written statements--
``(A) the worker's total earnings for the pay period;
``(B) the worker's hourly rate of pay, piece rate of pay,
or both;
``(C) the hours of employment offered to the worker and the
hours of employment actually worked;
``(D) if piece rates of pay are used, the units produced
daily;
``(E) an itemization of the deductions made from the
worker's wages; and
``(F) any other information required by Federal, State or
local law.
``(3) Notice of worker rights.--The employer must post and
maintain in a conspicuous location at the place of
employment, a poster provided by the Secretary of Labor in
English, and, to the extent necessary, any language common to
a significant portion of the workers if they are not fluent
in English, which sets out the rights and protections for
workers employed pursuant to this section.
``(l) Labor Contractors; Foreign Labor Recruiters;
Prohibition on Fees.--
``(1) Labor contractors.--
``(A) Surety bond.--An employer that is a labor contractor
who seeks to employ H-2A workers shall maintain a surety bond
in an amount required under subparagraph (B). Such bond shall
be payable to the Secretary of Labor or pursuant to the
resolution of a civil or criminal proceeding, for the payment
of wages and benefits, including any assessment of interest,
owed to an H-2A worker or a similarly employed United States
worker, or a United States worker who has been rejected or
displaced in violation of this section.
``(B) Amount of bond.--The Secretary of Labor shall
annually publish in the Federal Register a schedule of
required bond amounts that are determined by such Secretary
to be sufficient for labor contractors to discharge financial
obligations under this section based on the number of workers
the labor contractor seeks to employ and the wages such
workers are required to be paid.
``(C) Premium bond.--A labor contractor seeking to file a
petition involving more than one start date under subsection
(h)(1)(C) shall maintain a surety bond that is at least 15
percent higher than the applicable bond amount determined by
the Secretary under subparagraph (B).
``(D) Use of funds.--Any sums paid to the Secretary under
subparagraph (A) that are not paid to a worker because of the
inability to do so within a period of 5 years following the
date of a violation giving rise to the obligation to pay
shall remain available to the Secretary without further
appropriation until expended to support the enforcement of
this section.
``(2) Prohibition against employees paying fees.--Neither
the employer nor its agents shall seek or receive payment of
any kind from any worker for any activity related to the H-2A
process, including payment of the employer's attorneys' fees,
application fees, or recruitment costs. An employer and its
agents may receive reimbursement for costs that are the
responsibility and primarily for the benefit of the worker,
such as government-required passport fees.
``(3) Third party contracts.--The contract between an
employer and any labor contractor or any foreign labor
recruiter (or any agent of such labor contractor or foreign
labor recruiter) whom the employer engages shall include a
term providing for the termination of such contract
[[Page H1537]]
for cause if the contractor or recruiter, either directly or
indirectly, in the placement or recruitment of H-2A workers
seeks or receives payments or other compensation from
prospective employees. Upon learning that a labor contractor
or foreign labor recruiter has sought or collected such
payments, the employer shall so terminate any contracts with
such contractor or recruiter.
``(m) Enforcement Authority.--
``(1) In general.--The Secretary of Labor is authorized to
take such actions against employers, including imposing
appropriate penalties and seeking monetary and injunctive
relief and specific performance of contractual obligations,
as may be necessary to ensure compliance with the
requirements of this section and with the applicable terms
and conditions of employment.
``(2) Complaint process.--
``(A) Process.--The Secretary of Labor shall establish a
process for the receipt, investigation, and disposition of
complaints alleging failure of an employer to comply with the
requirements under this section and with the applicable terms
and conditions of employment.
``(B) Filing.--A complaint referred to in subparagraph (A)
may be filed not later than 2 years after the date of the
conduct that is the subject of the complaint.
``(C) Complaint not exclusive.--A complaint filed under
this paragraph is not an exclusive remedy and the filing of
such a complaint does not waive any rights or remedies of the
aggrieved party under this law or other laws.
``(D) Decision and remedies.--If the Secretary of Labor
finds, after notice and opportunity for a hearing, that the
employer failed to comply with the requirements of this
section or the terms and conditions of employment, the
Secretary of Labor may require payment of unpaid wages,
unpaid benefits, fees assessed in violation of this section,
damages, and civil money penalties. The Secretary is also
authorized to impose other administrative remedies, including
disqualification of the employer from utilizing the H-2A
program for a period of up to 5 years in the event of willful
or multiple material violations. The Secretary is authorized
to permanently disqualify an employer from utilizing the H-2A
program upon a subsequent finding involving willful or
multiple material violations.
``(E) Disposition of penalties.--Civil penalties collected
under this paragraph shall be deposited into the H-2A Labor
Certification Fee Account established under section 203 of
the Farm Workforce Modernization Act of 2021.
``(3) Statutory construction.--Nothing in this subsection
may be construed as limiting the authority of the Secretary
of Labor to conduct an investigation--
``(A) under any other law, including any law affecting
migrant and seasonal agricultural workers; or
``(B) in the absence of a complaint.
``(4) Retaliation prohibited.--It is a violation of this
subsection for any person to intimidate, threaten, restrain,
coerce, blacklist, discharge, or in any other manner
discriminate against, or to cause any person to intimidate,
threaten, restrain, coerce, blacklist, or in any manner
discriminate against, an employee, including a former
employee or an applicant for employment, because the
employee--
``(A) has disclosed information to the employer, or to any
other person, that the employee reasonably believes evidences
a violation under this section, or any rule or regulation
relating to this section;
``(B) has filed a complaint concerning the employer's
compliance with the requirements under this section or any
rule or regulation pertaining to this section;
``(C) cooperates or seeks to cooperate in an investigation
or other proceeding concerning the employer's compliance with
the requirements under this section or any rule or regulation
pertaining to this section; or
``(D) has taken steps to exercise or assert any right or
protection under the provisions of this section, or any rule
or regulation pertaining to this section, or any other
relevant Federal, State, or local law.
``(5) Interagency communication.--The Secretary of Labor,
in consultation with the Secretary of Homeland Security,
Secretary of State and the Equal Employment Opportunity
Commission, shall establish mechanisms by which the agencies
and their components share information, including by public
electronic means, regarding complaints, studies,
investigations, findings and remedies regarding compliance by
employers with the requirements of the H-2A program and other
employment-related laws and regulations.
``(n) Definitions.--In this section:
``(1) Displace.--The term `displace' means to lay off a
similarly employed United States worker, other than for
lawful job-related reasons, in the occupation and area of
intended employment for the job for which H-2A workers are
sought.
``(2) H-2A worker.--The term `H-2A worker' means a
nonimmigrant described in section 101(a)(15)(H)(ii)(a).
``(3) Job order.--The term `job order' means the document
containing the material terms and conditions of employment,
including obligations and assurances required under this
section or any other law.
``(4) Online job registry.--The term `online job registry'
means the online job registry of the Secretary of Labor
required under section 201(b) of the Farm Workforce
Modernization Act of 2021 (or similar successor registry).
``(5) Similarly employed.--The term `similarly employed',
in the case of a worker, means a worker in the same
occupational classification as the classification or
classifications for which the H-2A worker is sought.
``(6) United states worker.--The term `United States
worker' means any worker who is--
``(A) a citizen or national of the United States;
``(B) an alien who is lawfully admitted for permanent
residence, is admitted as a refugee under section 207, is
granted asylum under section 208, or is an immigrant
otherwise authorized to be employed in the United States;
``(C) an alien granted certified agricultural worker status
under title I of the Farm Workforce Modernization Act of
2021; or
``(D) an individual who is not an unauthorized alien (as
defined in section 274A(h)(3)) with respect to the employment
in which the worker is engaging.
``(o) Fees; Authorization of Appropriations.--
``(1) Fees.--
``(A) In general.--The Secretary of Homeland Security shall
impose a fee to process petitions under this section. Such
fee shall be set at a level that is sufficient to recover the
reasonable costs of processing the petition, including the
reasonable costs of providing labor certification by the
Secretary of Labor.
``(B) Distribution.--Fees collected under subparagraph (A)
shall be deposited as offsetting receipts into the
immigration examinations fee account in section 286(m),
except that the portion of fees assessed for the Secretary of
Labor shall be deposited into the H-2A Labor Certification
Fee Account established pursuant to section 203(c) of the
Farm Workforce Modernization Act of 2021.
``(2) Appropriations.--There are authorized to be
appropriated for each fiscal year such sums as necessary for
the purposes of--
``(A) recruiting United States workers for labor or
services which might otherwise be performed by H-2A workers,
including by ensuring that State workforce agencies are
sufficiently funded to fulfill their functions under this
section;
``(B) enabling the Secretary of Labor to make
determinations and certifications under this section and
under section 212(a)(5)(A)(i);
``(C) monitoring the terms and conditions under which H-2A
workers (and United States workers employed by the same
employers) are employed in the United States; and
``(D) enabling the Secretary of Agriculture to carry out
the Secretary of Agriculture's duties and responsibilities
under this section.''.
SEC. 203. AGENCY ROLES AND RESPONSIBILITIES.
(a) Responsibilities of the Secretary of Labor.--With
respect to the administration of the H-2A program, the
Secretary of Labor shall be responsible for--
(1) consulting with State workforce agencies to--
(A) review and process job orders;
(B) facilitate the recruitment and referral of able,
willing and qualified United States workers who will be
available at the time and place needed;
(C) determine prevailing wages and practices; and
(D) conduct timely inspections to ensure compliance with
applicable Federal, State, or local housing standards and
Federal regulations for H-2A housing;
(2) determining whether the employer has met the conditions
for approval of the H-2A petition described in section 218 of
the Immigration and Nationality Act (8 U.S.C. 1188);
(3) determining, in consultation with the Secretary of
Agriculture, whether a job opportunity is of a seasonal or
temporary nature;
(4) determining whether the employer has complied or will
comply with the H-2A program requirements set forth in
section 218 of the Immigration and Nationality Act (8 U.S.C.
1188);
(5) processing and investigating complaints consistent with
section 218(m) of the Immigration and Nationality Act (8
U.S.C. 1188(m));
(6) referring any matter as appropriate to the Inspector
General of the Department of Labor for investigation;
(7) ensuring that guidance to State workforce agencies to
conduct wage surveys is regularly updated; and
(8) issuing such rules and regulations as are necessary to
carry out the Secretary of Labor's responsibilities under
this Act and the amendments made by this Act.
(b) Responsibilities of the Secretary of Homeland
Security.--With respect to the administration of the H-2A
program, the Secretary of Homeland Security shall be
responsible for--
(1) adjudicating petitions for the admission of H-2A
workers, which shall include an assessment as to whether each
beneficiary will be employed in accordance with the terms and
conditions of the certification and whether any named
beneficiaries qualify for such employment;
(2) transmitting a copy of the final decision on the
petition to the employer, and in the case of approved
petitions, ensuring that the petition approval is reflected
in the electronic platform to facilitate the prompt issuance
of a visa by the Department of State (if required) and the
admission of the H-2A workers to the United States;
(3) establishing a reliable and secure method through which
H-2A workers can access information about their H-2A visa
status, including information on pending, approved, or denied
petitions to extend such status;
(4) investigating and preventing fraud in the program,
including the utilization of H-2A workers for other than
allowable agricultural labor or services; and
(5) issuing such rules and regulations as are necessary to
carry out the Secretary of Homeland Security's
responsibilities under this Act and the amendments made by
this Act.
(c) Establishment of Account and Use of Funds.--
(1) Establishment of account.--There is established in the
general fund of the Treasury a separate account, which shall
be known as the ``H-2A Labor Certification Fee Account''.
Notwithstanding any other provisions of law, there
[[Page H1538]]
shall be deposited as offsetting receipts into the account
all amounts--
(A) collected as a civil penalty under section 218(m)(2)(E)
of the Immigration and Nationality Act; and
(B) collected as a fee under section 218(o)(1)(B) of the
Immigration and Nationality Act.
(2) Use of fees.--Amounts deposited into the H-2A Labor
Certification Fee Account shall be available (except as
otherwise provided in this paragraph) without fiscal year
limitation and without the requirement for specification in
appropriations Acts to the Secretary of Labor for use,
directly or through grants, contracts, or other arrangements,
in such amounts as the Secretary of Labor determines are
necessary for the costs of Federal and State administration
in carrying out activities in connection with labor
certification under section 218 of the Immigration and
Nationality Act. Such costs may include personnel salaries
and benefits, equipment and infrastructure for adjudication
and customer service processes, the operation and maintenance
of an on-line job registry, and program integrity activities.
The Secretary, in determining what amounts to transfer to
States for State administration in carrying out activities in
connection with labor certification under section 218 of the
Immigration and Nationality Act shall consider the number of
H-2A workers employed in that State and shall adjust the
amount transferred to that State accordingly. In addition, 10
percent of the amounts deposited into the H-2A Labor
Certification Fee Account shall be available to the Office of
Inspector General of the Department of Labor to conduct
audits and criminal investigations relating to such foreign
labor certification programs.
(3) Additional funds.--Amounts available under paragraph
(1) shall be available in addition to any other funds
appropriated or made available to the Department of Labor
under other laws, including section 218(o)(2) of the
Immigration and Nationality Act.
SEC. 204. WORKER PROTECTION AND COMPLIANCE.
(a) Equality of Treatment.--H-2A workers shall not be
denied any right or remedy under any Federal, State, or local
labor or employment law applicable to United States workers
engaged in agricultural employment.
(b) Applicability of Other Laws.--
(1) Migrant and seasonal agricultural worker protection
act.--H-2A workers shall be considered migrant agricultural
workers for purposes of the Migrant and Seasonal Agricultural
Worker Protection Act (29 U.S.C. 1801 et seq.).
(2) Waiver of rights prohibited.--Agreements by H-2A
workers to waive or modify any rights or protections under
this Act or section 218 of the Immigration and Nationality
Act (8 U.S.C. 1188) shall be considered void or contrary to
public policy except as provided in a collective bargaining
agreement with a bona fide labor organization.
(3) Mediation.--
(A) Free mediation services.--The Federal Mediation and
Conciliation Service shall be available to assist in
resolving disputes arising under this section between H-2A
workers and agricultural employers without charge to the
parties.
(B) Complaint.--If an H-2A worker files a civil lawsuit
alleging one or more violations of section 218 of the
Immigration and Nationality Act (8 U.S.C. 1188), the Fair
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), or the
Migrant and Seasonal Agricultural Worker Protection Act (29
U.S.C. 1801 et seq.), not later than 60 days after the filing
of proof of service of the complaint, a party to the lawsuit
may file a request with the Federal Mediation and
Conciliation Service to assist the parties in reaching a
satisfactory resolution of all issues involving all parties
to the dispute.
(C) Notice.--Upon filing a request under subparagraph (B)
and giving of notice to the parties, the parties shall
attempt mediation within the period specified in subparagraph
(D), except that nothing in this paragraph shall limit the
ability of a court to order preliminary injunctive relief to
protect health and safety or to otherwise prevent irreparable
harm.
(D) 90-day limit.--The Federal Mediation and Conciliation
Service may conduct mediation or other nonbinding dispute
resolution activities for a period not to exceed 90 days
beginning on the date on which the Federal Mediation and
Conciliation Service receives a request for assistance under
subparagraph (B) unless the parties agree to an extension of
such period.
(E) Authorization of appropriations.--
(i) In general.--Subject to clause (ii), there is
authorized to be appropriated to the Federal Mediation and
Conciliation Service, such sums as may be necessary for each
fiscal year to carry out this subparagraph.
(ii) Mediation.--Notwithstanding any other provision of
law, the Director of the Federal Mediation and Conciliation
Service is authorized--
(I) to conduct the mediation or other dispute resolution
activities from any other account containing amounts
available to the Director; and
(II) to reimburse such account with amounts appropriated
pursuant to clause (i).
(F) Private mediation.--If all parties agree, a private
mediator may be employed as an alternative to the Federal
Mediation and Conciliation Service.
(c) Farm Labor Contractor Requirements.--
(1) Surety bonds.--
(A) Requirement.--Section 101 of the Migrant and Seasonal
Agricultural Worker Protection Act (29 U.S.C. 1811), is
amended by adding at the end the following:
``(e) A farm labor contractor shall maintain a surety bond
in an amount determined by the Secretary to be sufficient for
ensuring the ability of the farm labor contractor to
discharge its financial obligations, including payment of
wages and benefits to employees. Such a bond shall be
available to satisfy any amounts ordered to be paid by the
Secretary or by court order for failure to comply with the
obligations of this Act. The Secretary of Labor shall
annually publish in the Federal Register a schedule of
required bond amounts that are determined by such Secretary
to be sufficient for farm labor contractors to discharge
financial obligations based on the number of workers to be
covered.''.
(B) Registration determinations.--Section 103(a) of the
Migrant and Seasonal Agricultural Worker Protection Act (29
U.S.C. 1813(a)), is amended--
(i) in paragraph (4), by striking ``or'' at the end;
(ii) in paragraph (5)(B), by striking ``or'' at the end;
(iii) in paragraph (6), by striking the period at the end
and inserting ``;'' ; and
(iv) by adding at the end the following:
``(7) has failed to maintain a surety bond in compliance
with section 101(e); or
``(8) has been disqualified by the Secretary of Labor from
importing nonimmigrants described in section
101(a)(15)(H)(ii) of the Immigration and Nationality Act.''.
(2) Successors in interest.--
(A) Declaration.--Section 102 of the Migrant and Seasonal
Agricultural Worker Protection Act (29 U.S.C. 1812), is
amended--
(i) in paragraph (4), by striking ``and'' at the end;
(ii) in paragraph (5), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(6) a declaration, subscribed and sworn to by the
applicant, stating whether the applicant has a familial,
contractual, or employment relationship with, or shares
vehicles, facilities, property, or employees with, a person
who has been refused issuance or renewal of a certificate, or
has had a certificate suspended or revoked, pursuant to
section 103.''.
(B) Rebuttable presumption.--Section 103 of the Migrant and
Seasonal Agricultural Worker Protection Act (29 U.S.C. 1813),
as amended by this Act, is further amended by inserting after
subsection (a) the following new subsection (and by
redesignating the subsequent subsections accordingly):
``(b)(1) There shall be a rebuttable presumption that an
applicant for issuance or renewal of a certificate is not the
real party in interest in the application if the applicant--
``(A) is the immediate family member of any person who has
been refused issuance or renewal of a certificate, or has had
a certificate suspended or revoked; and
``(B) identifies a vehicle, facility, or real property
under paragraph (2) or (3) of section 102 that has been
previously listed by a person who has been refused issuance
or renewal of a certificate, or has had a certificate
suspended or revoked.
``(2) An applicant described in paragraph (1) bears the
burden of demonstrating to the Secretary's satisfaction that
the applicant is the real party in interest in the
application.''.
SEC. 205. REPORT ON WAGE PROTECTIONS.
(a) Not later than 3 years after the date of the enactment
of this Act, and every 3 years thereafter, the Secretary of
Labor and Secretary of Agriculture shall prepare and transmit
to the Committees on the Judiciary of the House of
Representatives and Senate, a report that addresses--
(1) whether, and the manner in which, the employment of H-
2A workers in the United States has impacted the wages,
working conditions, or job opportunities of United States
farm workers;
(2) whether, and the manner in which, the adverse effect
wage rate increases or decreases wages on United States
farms, broken down by geographic region and farm size;
(3) whether any potential impact of the adverse effect wage
rate varies based on the percentage of workers in a
geographic region that are H-2A workers;
(4) the degree to which the adverse effect wage rate is
affected by the inclusion in wage surveys of piece rate
compensation, bonus payments, and other pay incentives, and
whether such forms of incentive compensation should be
surveyed and reported separately from hourly base rates;
(5) whether, and the manner in which, other factors may
artificially affect the adverse effect wage rate, including
factors that may be specific to a region, State, or region
within a State;
(6) whether, and the manner in which, the H-2A program
affects the ability of United States farms to compete with
agricultural commodities imported from outside the United
States;
(7) the number and percentage of farmworkers in the United
States whose incomes are below the poverty line;
(8) whether alternative wage standards would be sufficient
to prevent wages in occupations in which H-2A workers are
employed from falling below the wage level that would have
prevailed in the absence of the H-2A program;
(9) whether any changes are warranted in the current
methodologies for calculating the adverse effect wage rate
and the prevailing wage; and
(10) recommendations for future wage protection under this
section.
(b) In preparing the report described in subsection (a),
the Secretary of Labor and Secretary of Agriculture shall
engage with equal numbers of representatives of agricultural
employers and agricultural workers, both locally and
nationally.
SEC. 206. PORTABLE H-2A VISA PILOT PROGRAM.
(a) Establishment of Pilot Program.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of Homeland
Security, in consultation with the Secretary of Labor and
Secretary of
[[Page H1539]]
Agriculture, shall establish through regulation a 6-year
pilot program to facilitate the free movement and employment
of temporary or seasonal H-2A workers to perform agricultural
labor or services for agricultural employers registered with
the Secretary of Agriculture. Notwithstanding the
requirements of section 218 of the Immigration and
Nationality Act, such regulation shall establish the
requirements for the pilot program, consistent with
subsection (b). For purposes of this section, such a worker
shall be referred to as a portable H-2A worker, and status as
such a worker shall be referred to as portable H-2A status.
(2) Online platform.--The Secretary of Homeland Security,
in consultation with the Secretary of Labor and the Secretary
of Agriculture, shall maintain an online electronic platform
to connect portable H-2A workers with registered agricultural
employers seeking workers to perform temporary or seasonal
agricultural labor or services. Employers shall post on the
platform available job opportunities, including a description
of the nature and location of the work to be performed, the
anticipated period or periods of need, and the terms and
conditions of employment. Such platform shall allow portable
H-2A workers to search for available job opportunities using
relevant criteria, including the types of jobs needed to be
filled and the dates and locations of need.
(3) Limitation.--Notwithstanding the issuance of the
regulation described in paragraph (1), the Secretary of State
may not issue a portable H-2A visa and the Secretary of
Homeland Security may not confer portable H-2A status on any
alien until the Secretary of Homeland Security, in
consultation with the Secretary of Labor and Secretary of
Agriculture, has determined that a sufficient number of
employers have been designated as registered agricultural
employers under subsection (b)(1) and that such employers
have sufficient job opportunities to employ a reasonable
number of portable H-2A workers to initiate the pilot
program.
(b) Pilot Program Elements.--The pilot program in
subsection (a) shall contain the following elements:
(1) Registered agricultural employers.--
(A) Designation.--Agricultural employers shall be provided
the ability to seek designation as registered agricultural
employers. Reasonable fees may be assessed commensurate with
the cost of processing applications for designation. A
designation shall be valid for a period of up to 3 years
unless revoked for failure to comply with program
requirements. Registered employers that comply with program
requirements may apply to renew such designation for
additional periods of up to 3 years for the duration of the
pilot program.
(B) Limitations.--Registered agricultural employers may
employ aliens with portable H-2A status without filing a
petition. Such employers shall pay such aliens at least the
wage required under section 218(d) of the Immigration and
Nationality Act (8 U.S.C. 1188(d)).
(C) Workers' compensation.--If a job opportunity is not
covered by or is exempt from the State workers' compensation
law, a registered agricultural employer shall provide, at no
cost to the worker, insurance covering injury and disease
arising out of, and in the course of, the worker's
employment, which will provide benefits at least equal to
those provided under the State workers' compensation law.
(2) Designated workers.--
(A) In general.--Individuals who have been previously
admitted to the United States in H-2A status, and maintained
such status during the period of admission, shall be provided
the opportunity to apply for portable H-2A status. Portable
H-2A workers shall be subject to the provisions on visa
validity and periods of authorized stay and admission for H-
2A workers described in paragraphs (2) and (3) of section
218(j) of the Immigration and Nationality Act (8 U.S.C.
1188(j)(2) and (3)).
(B) Limitations on availability of portable h-2a status.--
(i) Initial offer of employment required.--No alien may be
granted portable H-2A status without an initial valid offer
of employment to perform temporary or agricultural labor or
services from a registered agricultural employer.
(ii) Numerical limitations.--The total number of aliens who
may hold valid portable H-2A status at any one time may not
exceed 10,000. Notwithstanding such limitation, the Secretary
of Homeland Security may further limit the number of aliens
with valid portable H-2A status if the Secretary determines
that there are an insufficient number of registered
agricultural employers or job opportunities to support the
employment of all such portable H-2A workers.
(C) Scope of employment.--During the period of admission, a
portable H-2A worker may perform temporary or seasonal
agricultural labor or services for any employer in the United
States that is designated as a registered agricultural
employer pursuant to paragraph (1). An employment arrangement
under this section may be terminated by either the portable
H-2A worker or the registered agricultural employer at any
time.
(D) Transfer to new employment.--At the cessation of
employment with a registered agricultural employer, a
portable H-2A worker shall have 60 days to secure new
employment with a registered agricultural employer.
(E) Maintenance of status.--A portable H-2A worker who does
not secure new employment with a registered agricultural
employer within 60 days shall be considered to have failed to
maintain such status and shall depart the United States or be
subject to removal under section 237(a)(1)(C)(i) of the
Immigration and Nationality Act (8 U.S.C. 1188(a)(1)(C)(i)).
(3) Enforcement.--The Secretary of Labor shall be
responsible for conducting investigations and random audits
of employers to ensure compliance with the employment-related
requirements of this section, consistent with section 218(m)
of the Immigration and Nationality Act (8 U.S.C. 1188(m)).
The Secretary of Labor shall have the authority to collect
reasonable civil penalties for violations, which shall be
utilized by the Secretary for the administration and
enforcement of the provisions of this section.
(4) Eligibility for services.--Section 305 of Public Law
99-603 (100 Stat. 3434) is amended by striking ``other
employment rights as provided in the worker's specific
contract under which the nonimmigrant was admitted'' and
inserting ``employment-related rights''.
(c) Report.--Not later than 6 months before the end of the
third fiscal year of the pilot program, the Secretary of
Homeland Security, in consultation with the Secretary of
Labor and the Secretary of Agriculture, shall prepare and
submit to the Committees on the Judiciary of the House of
Representatives and the Senate, a report that provides--
(1) the number of employers designated as registered
agricultural employers, broken down by geographic region,
farm size, and the number of job opportunities offered by
such employers;
(2) the number of employers whose designation as a
registered agricultural employer was revoked;
(3) the number of individuals granted portable H-2A status
in each fiscal year, along with the number of such
individuals who maintained portable H-2A status during all or
a portion of the 3-year period of the pilot program;
(4) an assessment of the impact of the pilot program on the
wages and working conditions of United States farm workers;
(5) the results of a survey of individuals granted portable
H-2A status, detailing their experiences with and feedback on
the pilot program;
(6) the results of a survey of registered agricultural
employers, detailing their experiences with and feedback on
the pilot program;
(7) an assessment as to whether the program should be
continued and if so, any recommendations for improving the
program; and
(8) findings and recommendations regarding effective
recruitment mechanisms, including use of new technology to
match workers with employers and ensure compliance with
applicable labor and employment laws and regulations.
SEC. 207. IMPROVING ACCESS TO PERMANENT RESIDENCE.
(a) Worldwide Level.--Section 201(d)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1151(d)(1)(A)) is
amended by striking ``140,000'' and inserting ``180,000''.
(b) Visas for Farmworkers.--Section 203(b) of the
Immigration and Nationality Act (8 U.S.C. 1153(b)) is
amended--
(1) in paragraph (1) by striking ``28.6 percent of such
worldwide level'' and inserting ``40,040'';
(2) in paragraph (2)(A) by striking ``28.6 percent of such
worldwide level'' and inserting ``40,040'';
(3) in paragraph (3)--
(A) in subparagraph (A)--
(i) in the matter before clause (i), by striking ``28.6
percent of such worldwide level'' and inserting ``80,040'';
and
(ii) by amending clause (iii) to read as follows:
``(iii) Other workers.--Other qualified immigrants who, at
the time of petitioning for classification under this
paragraph--
``(I) are capable of performing unskilled labor, not of a
temporary or seasonal nature, for which qualified workers are
not available in the United States; or
``(II) can demonstrate employment in the United States as
an H-2A nonimmigrant worker for at least 100 days in each of
at least 10 years.'';
(B) by amending subparagraph (B) to read as follows:
``(B) Visas allocated for other workers.--
``(i) In general.--Except as provided in clauses (ii) and
(iii), 50,000 of the visas made available under this
paragraph shall be reserved for qualified immigrants
described in subparagraph (A)(iii).
``(ii) Preference for agricultural workers.--Subject to
clause (iii), not less than four-fifths of the visas
described in clause (i) shall be reserved for--
``(I) qualified immigrants described in subparagraph
(A)(iii)(I) who will be performing agricultural labor or
services in the United States; and
``(II) qualified immigrants described in subparagraph
(A)(iii)(II).
``(iii) Exception.--If because of the application of clause
(ii), the total number of visas available under this
paragraph for a calendar quarter exceeds the number of
qualified immigrants who otherwise may be issued such a visa,
clause (ii) shall not apply to visas under this paragraph
during the remainder of such calendar quarter.
``(iv) No per country limits.--Visas described under clause
(ii) shall be issued without regard to the numerical
limitation under section 202(a)(2).''; and
(C) by amending subparagraph (C) by striking ``An immigrant
visa'' and inserting ``Except for qualified immigrants
petitioning for classification under subparagraph
(A)(iii)(II), an immigrant visa'';
(4) in paragraph (4), by striking ``7.1 percent of such
worldwide level'' and inserting ``9,940''; and
(5) in paragraph (5)(A), in the matter before clause (i),
by striking ``7.1 percent of such worldwide level'' and
inserting ``9,940''.
(c) Petitioning Procedure.--Section 204(a)(1)(E) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(E)) is
amended by inserting ``or 203(b)(3)(A)(iii)(II)'' after
``203(b)(1)(A)''.
(d) Dual Intent.--Section 214(b) of the Immigration and
Nationality Act (8 U.S.C. 1184(b)) is
[[Page H1540]]
amended by striking ``section 101(a)(15)(H)(i) except
subclause (b1) of such section'' and inserting ``clause (i),
except subclause (b1), or (ii)(a) of section 101(a)(15)(H)''.
Subtitle B--Preservation and Construction of Farmworker Housing
SEC. 220. SHORT TITLE.
This subtitle may be cited as the ``Strategy and Investment
in Rural Housing Preservation Act of 2021''.
SEC. 221. PERMANENT ESTABLISHMENT OF HOUSING PRESERVATION AND
REVITALIZATION PROGRAM.
Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.)
is amended by adding at the end the following new section:
``SEC. 545. HOUSING PRESERVATION AND REVITALIZATION PROGRAM.
``(a) Establishment.--The Secretary shall carry out a
program under this section for the preservation and
revitalization of multifamily rental housing projects
financed under section 515 or both sections 514 and 516.
``(b) Notice of Maturing Loans.--
``(1) To owners.--On an annual basis, the Secretary shall
provide written notice to each owner of a property financed
under section 515 or both sections 514 and 516 that will
mature within the 4-year period beginning upon the provision
of such notice, setting forth the options and financial
incentives that are available to facilitate the extension of
the loan term or the option to decouple a rental assistance
contract pursuant to subsection (f).
``(2) To tenants.--
``(A) In general.--For each property financed under section
515 or both sections 514 and 516, not later than the date
that is 2 years before the date that such loan will mature,
the Secretary shall provide written notice to each household
residing in such property that informs them of the date of
the loan maturity, the possible actions that may happen with
respect to the property upon such maturity, and how to
protect their right to reside in Federally assisted housing
after such maturity.
``(B) Language.--Notice under this paragraph shall be
provided in plain English and shall be translated to other
languages in the case of any property located in an area in
which a significant number of residents speak such other
languages.
``(c) Loan Restructuring.--Under the program under this
section, the Secretary may restructure such existing housing
loans, as the Secretary considers appropriate, for the
purpose of ensuring that such projects have sufficient
resources to preserve the projects to provide safe and
affordable housing for low-income residents and farm
laborers, by--
``(1) reducing or eliminating interest;
``(2) deferring loan payments;
``(3) subordinating, reducing, or reamortizing loan debt;
and
``(4) providing other financial assistance, including
advances, payments, and incentives (including the ability of
owners to obtain reasonable returns on investment) required
by the Secretary.
``(d) Renewal of Rental Assistance.--When the Secretary
offers to restructure a loan pursuant to subsection (c), the
Secretary shall offer to renew the rental assistance contract
under section 521(a)(2) for a 20-year term that is subject to
annual appropriations, provided that the owner agrees to
bring the property up to such standards that will ensure its
maintenance as decent, safe, and sanitary housing for the
full term of the rental assistance contract.
``(e) Restrictive Use Agreements.--
``(1) Requirement.--As part of the preservation and
revitalization agreement for a project, the Secretary shall
obtain a restrictive use agreement that obligates the owner
to operate the project in accordance with this title.
``(2) Term.--
``(A) No extension of rental assistance contract.--Except
when the Secretary enters into a 20-year extension of the
rental assistance contract for the project, the term of the
restrictive use agreement for the project shall be consistent
with the term of the restructured loan for the project.
``(B) Extension of rental assistance contract.--If the
Secretary enters into a 20-year extension of the rental
assistance contract for a project, the term of the
restrictive use agreement for the project shall be for 20
years.
``(C) Termination.--The Secretary may terminate the 20-year
use restrictive use agreement for a project prior to the end
of its term if the 20-year rental assistance contract for the
project with the owner is terminated at any time for reasons
outside the owner's control.
``(f) Decoupling of Rental Assistance.--
``(1) Renewal of rental assistance contract.--If the
Secretary determines that a maturing loan for a project
cannot reasonably be restructured in accordance with
subsection (c) and the project was operating with rental
assistance under section 521, the Secretary may renew the
rental assistance contract, notwithstanding any provision of
section 521, for a term, subject to annual appropriations, of
at least 10 years but not more than 20 years.
``(2) Rents.--Any agreement to extend the term of the
rental assistance contract under section 521 for a project
shall obligate the owner to continue to maintain the project
as decent, safe and sanitary housing and to operate the
development in accordance with this title, except that rents
shall be based on the lesser of--
``(A) the budget-based needs of the project; or
``(B) the operating cost adjustment factor as a payment
standard as provided under section 524 of the Multifamily
Assisted Housing Reform and Affordability Act of 1997 (42
U.S.C. 1437 note).
``(g) Multifamily Housing Transfer Technical Assistance.--
Under the program under this section, the Secretary may
provide grants to qualified non-profit organizations and
public housing agencies to provide technical assistance,
including financial and legal services, to borrowers under
loans under this title for multifamily housing to facilitate
the acquisition of such multifamily housing properties in
areas where the Secretary determines there is a risk of loss
of affordable housing.
``(h) Transfer of Rental Assistance.--After the loan or
loans for a rental project originally financed under section
515 or both sections 514 and 516 have matured or have been
prepaid and the owner has chosen not to restructure the loan
pursuant to subsection (c), a tenant residing in such project
shall have 18 months prior to loan maturation or prepayment
to transfer the rental assistance assigned to the tenant's
unit to another rental project originally financed under
section 515 or both sections 514 and 516, and the owner of
the initial project may rent the tenant's previous unit to a
new tenant without income restrictions.
``(i) Administrative Expenses.--Of any amounts made
available for the program under this section for any fiscal
year, the Secretary may use not more than $1,000,000 for
administrative expenses for carrying out such program.
``(j) Authorization of Appropriations.--There is authorized
to be appropriated for the program under this section
$200,000,000 for each of fiscal years 2022 through 2026.''.
SEC. 222. ELIGIBILITY FOR RURAL HOUSING VOUCHERS.
Section 542 of the Housing Act of 1949 (42 U.S.C. 1490r) is
amended by adding at the end the following new subsection:
``(c) Eligibility of Households in Sections 514, 515, and
516 Projects.--The Secretary may provide rural housing
vouchers under this section for any low-income household
(including those not receiving rental assistance) residing,
for a term longer than the remaining term of their lease in
effect just prior to prepayment, in a property financed with
a loan made or insured under section 514 or 515 (42 U.S.C.
1484, 1485) which has been prepaid without restrictions
imposed by the Secretary pursuant to section
502(c)(5)(G)(ii)(I) (42 U.S.C. 1472(c)(5)(G)(ii)(I)), has
been foreclosed, or has matured after September 30, 2005, or
residing in a property assisted under section 514 or 516 that
is owned by a nonprofit organization or public agency.''.
SEC. 223. AMOUNT OF VOUCHER ASSISTANCE.
Notwithstanding any other provision of law, in the case of
any rural housing voucher provided pursuant to section 542 of
the Housing Act of 1949 (42 U.S.C. 1490r), the amount of the
monthly assistance payment for the household on whose behalf
such assistance is provided shall be determined as provided
in subsection (a) of such section 542.
SEC. 224. RENTAL ASSISTANCE CONTRACT AUTHORITY.
Subsection (d) of section 521 of the Housing Act of 1949
(42 U.S.C. 1490a(d)) is amended--
(1) in paragraph (1), by inserting after subparagraph (A)
the following new subparagraph (and by redesignating the
subsequent subparagraphs accordingly):
``(B) upon request of an owner of a project financed under
section 514 or 515, the Secretary is authorized to enter into
renewal of such agreements for a period of 20 years or the
term of the loan, whichever is shorter, subject to amounts
made available in appropriations Acts;''; and
(2) by adding at the end the following new paragraph:
``(3) In the case of any rental assistance contract
authority that becomes available because of the termination
of assistance on behalf of an assisted family--
``(A) at the option of the owner of the rental project, the
Secretary shall provide the owner a period of 6 months before
such assistance is made available pursuant to subparagraph
(B) during which the owner may use such assistance authority
to provide assistance of behalf of an eligible unassisted
family that--
``(i) is residing in the same rental project that the
assisted family resided in prior to such termination; or
``(ii) newly occupies a dwelling unit in such rental
project during such period; and
``(B) except for assistance used as provided in
subparagraph (A), the Secretary shall use such remaining
authority to provide such assistance on behalf of eligible
families residing in other rental projects originally
financed under section 515 or both sections 514 and 516 of
this Act.''.
SEC. 225. FUNDING FOR MULTIFAMILY TECHNICAL IMPROVEMENTS.
There is authorized to be appropriated to the Secretary of
Agriculture $50,000,000 for fiscal year 2022 for improving
the technology of the Department of Agriculture used to
process loans for multifamily housing and otherwise managing
such housing. Such improvements shall be made within the 5-
year period beginning upon the appropriation of such amounts
and such amount shall remain available until the expiration
of such 5-year period.
SEC. 226. PLAN FOR PRESERVING AFFORDABILITY OF RENTAL
PROJECTS.
(a) Plan.--The Secretary of Agriculture (in this section
referred to as the ``Secretary'') shall submit a written plan
to the Congress, not later than the expiration of the 6-month
period beginning on the date of the enactment of this Act,
for preserving the affordability for low-income families of
rental projects for which loans were made under section 515
or made to nonprofit or public agencies under section 514 and
avoiding the displacement of tenant households, which shall--
(1) set forth specific performance goals and measures;
(2) set forth the specific actions and mechanisms by which
such goals will be achieved;
(3) set forth specific measurements by which progress
towards achievement of each goal can be measured;
(4) provide for detailed reporting on outcomes; and
[[Page H1541]]
(5) include any legislative recommendations to assist in
achievement of the goals under the plan.
(b) Advisory Committee.--
(1) Establishment; purpose.--The Secretary shall establish
an advisory committee whose purpose shall be to assist the
Secretary in preserving section 515 properties and section
514 properties owned by nonprofit or public agencies through
the multifamily housing preservation and revitalization
program under section 545 and in implementing the plan
required under subsection (a).
(2) Member.--The advisory committee shall consist of 16
members, appointed by the Secretary, as follows:
(A) A State Director of Rural Development for the
Department of Agriculture.
(B) The Administrator for Rural Housing Service of the
Department of Agriculture.
(C) Two representatives of for-profit developers or owners
of multifamily rural rental housing.
(D) Two representatives of non-profit developers or owners
of multifamily rural rental housing.
(E) Two representatives of State housing finance agencies.
(F) Two representatives of tenants of multifamily rural
rental housing.
(G) One representative of a community development financial
institution that is involved in preserving the affordability
of housing assisted under sections 514, 515, and 516 of the
Housing Act of 1949.
(H) One representative of a nonprofit organization that
operates nationally and has actively participated in the
preservation of housing assisted by the Rural Housing Service
by conducting research regarding, and providing financing and
technical assistance for, preserving the affordability of
such housing.
(I) One representative of low-income housing tax credit
investors.
(J) One representative of regulated financial institutions
that finance affordable multifamily rural rental housing
developments.
(K) Two representatives from non-profit organizations
representing farmworkers, including one organization
representing farmworker women.
(3) Meetings.--The advisory committee shall meet not less
often than once each calendar quarter.
(4) Functions.--In providing assistance to the Secretary to
carry out its purpose, the advisory committee shall carry out
the following functions:
(A) Assisting the Rural Housing Service of the Department
of Agriculture to improve estimates of the size, scope, and
condition of rental housing portfolio of the Service,
including the time frames for maturity of mortgages and costs
for preserving the portfolio as affordable housing.
(B) Reviewing current policies and procedures of the Rural
Housing Service regarding preservation of affordable rental
housing financed under sections 514, 515, 516, and 538 of the
Housing Act of 1949, the Multifamily Preservation and
Revitalization Demonstration program (MPR), and the rental
assistance program and making recommendations regarding
improvements and modifications to such policies and
procedures.
(C) Providing ongoing review of Rural Housing Service
program results.
(D) Providing reports to the Congress and the public on
meetings, recommendations, and other findings of the advisory
committee.
(5) Travel costs.--Any amounts made available for
administrative costs of the Department of Agriculture may be
used for costs of travel by members of the advisory committee
to meetings of the committee.
SEC. 227. COVERED HOUSING PROGRAMS.
Paragraph (3) of section 41411(a) of the Violence Against
Women Act of 1994 (34 U.S.C. 12491(a)(3)) is amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) by redesignating subparagraph (J) as subparagraph (K);
and
(3) by inserting after subparagraph (I) the following new
subparagraph:
``(J) rural development housing voucher assistance provided
by the Secretary of Agriculture pursuant to section 542 of
the Housing Act of 1949 (42 U.S.C. 1490r), without regard to
subsection (b) of such section, and applicable appropriation
Acts; and''.
SEC. 228. NEW FARMWORKER HOUSING.
Section 513 of the Housing Act of 1949 (42 U.S.C. 1483) is
amended by adding at the end the following new subsection:
``(f) Funding for Farmworker Housing.--
``(1) Section 514 farmworker housing loans.--
``(A) Insurance authority.--The Secretary of Agriculture
may, to the extent approved in appropriation Acts, insure
loans under section 514 (42 U.S.C. 1484) during each of
fiscal years 2022 through 2031 in an aggregate amount not to
exceed $200,000,000.
``(B) Authorization of appropriations for costs.--There is
authorized to be appropriated $75,000,000 for each of fiscal
years 2022 through 2031 for costs (as such term is defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C.
661a)) of loans insured pursuant the authority under
subparagraph (A).
``(2) Section 516 grants for farmworker housing.--There is
authorized to be appropriated $30,000,000 for each of fiscal
years 2022 through 2031 for financial assistance under
section 516 (42 U.S.C. 1486).
``(3) Section 521 housing assistance.--There is authorized
to be appropriated $2,700,000,000 for each of fiscal years
2022 through 2031 for rental assistance agreements entered
into or renewed pursuant to section 521(a)(2) (42 U.S.C.
1490a(a)(2)) or agreements entered into in lieu of debt
forgiveness or payments for eligible households as authorized
by section 502(c)(5)(D).''.
SEC. 229. LOAN AND GRANT LIMITATIONS.
Section 514 of the Housing Act of 1949 (42 U.S.C. 1484) is
amended by adding at the end the following:
``(j) Per Project Limitations on Assistance.--If the
Secretary, in making available assistance in any area under
this section or section 516 (42 U.S.C. 1486), establishes a
limitation on the amount of assistance available per project,
the limitation on a grant or loan award per project shall not
be less than $5 million.''.
SEC. 230. OPERATING ASSISTANCE SUBSIDIES.
Subsection (a)(5) of section 521 of the Housing Act of 1949
(42 U.S.C. 1490a(a)(5)) is amended--
(1) in subparagraph (A) by inserting ``or domestic farm
labor legally admitted to the United States and authorized to
work in agriculture'' after ``migrant farmworkers'';
(2) in subparagraph (B)--
(A) by striking ``Amount.--In any fiscal year'' and
inserting ``Amount.--
``(i) Housing for migrant farmworkers.--In any fiscal
year'';
(B) by inserting ``providing housing for migrant
farmworkers'' after ``any project''; and
(C) by inserting at the end the following:
``(ii) Housing for other farm labor.--In any fiscal year,
the assistance provided under this paragraph for any project
providing housing for domestic farm labor legally admitted to
the United States and authorized to work in agriculture shall
not exceed an amount equal to 50 percent of the operating
costs for the project for the year, as determined by the
Secretary. The owner of such project shall not qualify for
operating assistance unless the Secretary certifies that the
project was unoccupied or underutilized before making units
available to such farm labor, and that a grant under this
section will not displace any farm worker who is a United
States worker.''; and
(3) in subparagraph (D), by adding at the end the
following:
``(iii) The term `domestic farm labor' has the same meaning
given such term in section 514(f)(3) (42 U.S.C. 1484(f)(3)),
except that subparagraph (A) of such section shall not apply
for purposes this section.''.
SEC. 231. ELIGIBILITY OF CERTIFIED WORKERS.
Subsection (a) of section 214 of the Housing and Community
Development Act of 1980 (42 U.S.C. 1436a) is amended--
(1) in paragraph (6), by striking ``or'' at the end;
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following:
``(7) an alien granted certified agricultural worker or
certified agricultural dependent status under title I of the
Farm Workforce Modernization Act of 2021, but solely for
financial assistance made available pursuant to section 521
or 542 of the Housing Act of 1949 (42 U.S.C. 1490a, 1490r);
or''.
Subtitle C--Foreign Labor Recruiter Accountability
SEC. 251. REGISTRATION OF FOREIGN LABOR RECRUITERS.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Labor, in
consultation with the Secretary of State and the Secretary of
Homeland Security, shall establish procedures for the
electronic registration of foreign labor recruiters engaged
in the recruitment of nonimmigrant workers described in
section 101(a)(15)(H)(ii)(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) to perform
agricultural labor or services in the United States.
(b) Procedural Requirements.--The procedures described in
subsection (a) shall--
(1) require the applicant to submit a sworn declaration--
(A) stating the applicant's permanent place of residence or
principal place of business, as applicable;
(B) describing the foreign labor recruiting activities in
which the applicant is engaged; and
(C) including such other relevant information as the
Secretary of Labor and the Secretary of State may require;
(2) include an expeditious means to update and renew
registrations;
(3) include a process, which shall include the placement of
personnel at each United States diplomatic mission in
accordance with subsection (g)(2), to receive information
from the public regarding foreign labor recruiters who have
allegedly engaged in a foreign labor recruiting activity that
is prohibited under this subtitle;
(4) include procedures for the receipt and processing of
complaints against foreign labor recruiters and for remedies,
including the revocation of a registration or the assessment
of fines upon a determination by the Secretary of Labor that
the foreign labor recruiter has violated the requirements of
this subtitle;
(5) require the applicant to post a bond in an amount
sufficient to ensure the ability of the applicant to
discharge its responsibilities and ensure protection of
workers, including payment of wages; and
(6) allow the Secretary of Labor and the Secretary of State
to consult with other appropriate Federal agencies to
determine whether any reason exists to deny registration to a
foreign labor recruiter or revoke such registration.
(c) Attestations.--Foreign labor recruiters registering
under this subtitle shall attest and agree to abide by the
following requirements:
(1) Prohibited fees.--The foreign labor recruiter,
including any agent or employee of such foreign labor
recruiter, shall not assess any recruitment fees on a worker
for any foreign labor recruiting activity.
(2) Prohibition on false and misleading information.--The
foreign labor recruiter shall not knowingly provide
materially false or misleading information to any worker
concerning
[[Page H1542]]
any matter required to be disclosed under this subtitle.
(3) Required disclosures.--The foreign labor recruiter
shall ascertain and disclose to the worker in writing in
English and in the primary language of the worker at the time
of the worker's recruitment, the following information:
(A) The identity and address of the employer and the
identity and address of the person conducting the recruiting
on behalf of the employer, including each subcontractor or
agent involved in such recruiting.
(B) A copy of the approved job order or work contract under
section 218 of the Immigration and Nationality Act, including
all assurances and terms and conditions of employment.
(C) A statement, in a form specified by the Secretary--
(i) describing the general terms and conditions associated
with obtaining an H-2A visa and maintaining H-2A status;
(ii) affirming the prohibition on the assessment of fees
described in paragraph (1), and explaining that such fees, if
paid by the employer, may not be passed on to the worker;
(iii) describing the protections afforded the worker under
this subtitle, including procedures for reporting violations
to the Secretary of State, filing a complaint with the
Secretary of Labor, or filing a civil action; and
(iv) describing the protections afforded the worker by
section 202 of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1375b),
including the telephone number for the national human
trafficking resource center hotline number.
(4) Bond.--The foreign labor recruiter shall agree to
maintain a bond sufficient to ensure the ability of the
foreign labor recruiter to discharge its responsibilities and
ensure protection of workers, and to forfeit such bond in an
amount determined by the Secretary under subsections
(b)(1)(C)(ii) or (c)(2)(C) of section 252 for failure to
comply with the provisions of this subtitle.
(5) Cooperation in investigation.--The foreign labor
recruiter shall agree to cooperate in any investigation under
section 252 of this subtitle by the Secretary or other
appropriate authorities.
(6) No retaliation.--The foreign labor recruiter shall
agree to refrain from intimidating, threatening, restraining,
coercing, discharging, blacklisting or in any other manner
discriminating or retaliating against any worker or their
family members (including a former worker or an applicant for
employment) because such worker disclosed information to any
person based on a reason to believe that the foreign labor
recruiter, or any agent or subcontractee of such foreign
labor recruiter, is engaging or has engaged in a foreign
labor recruiting activity that does not comply with this
subtitle.
(7) Employees, agents, and subcontractees.--The foreign
labor recruiter shall consent to be liable for the conduct of
any agents or subcontractees of any level in relation to the
foreign labor recruiting activity of the agent or
subcontractee to the same extent as if the foreign labor
recruiter had engaged in such conduct.
(8) Enforcement.--If the foreign labor recruiter is
conducting foreign labor recruiting activity wholly outside
the United States, such foreign labor recruiter shall
establish a registered agent in the United States who is
authorized to accept service of process on behalf of the
foreign labor recruiter for the purpose of any administrative
proceeding under this title or any Federal court civil
action, if such service is made in accordance with the
appropriate Federal rules for service of process.
(d) Term of Registration.--Unless suspended or revoked, a
registration under this section shall be valid for 2 years.
(e) Application Fee.--The Secretary shall require a foreign
labor recruiter that submits an application for registration
under this section to pay a reasonable fee, sufficient to
cover the full costs of carrying out the registration
activities under this subtitle.
(f) Notification.--
(1) Employer notification.--
(A) In general.--Not less frequently than once every year,
an employer of H-2A workers shall provide the Secretary with
the names and addresses of all foreign labor recruiters
engaged to perform foreign labor recruiting activity on
behalf of the employer, whether the foreign labor recruiter
is to receive any economic compensation for such services,
and, if so, the identity of the person or entity who is
paying for the services.
(B) Agreement to cooperate.--In addition to the
requirements of subparagraph (A), the employer shall--
(i) provide to the Secretary the identity of any foreign
labor recruiter whom the employer has reason to believe is
engaging in foreign labor recruiting activities that do not
comply with this subtitle; and
(ii) promptly respond to any request by the Secretary for
information regarding the identity of a foreign labor
recruiter with whom the employer has a contract or other
agreement.
(2) Foreign labor recruiter notification.--A registered
foreign labor recruiter shall notify the Secretary, not less
frequently than once every year, of the identity of any
subcontractee, agent, or foreign labor recruiter employee
involved in any foreign labor recruiting activity for, or on
behalf of, the foreign labor recruiter.
(g) Additional Responsibilities of the Secretary of
State.--
(1) Lists.--The Secretary of State, in consultation with
the Secretary of Labor shall maintain and make publicly
available in written form and on the websites of United
States embassies in the official language of that country,
and on websites maintained by the Secretary of Labor,
regularly updated lists--
(A) of foreign labor recruiters who hold valid
registrations under this section, including--
(i) the name and address of the foreign labor recruiter;
(ii) the countries in which such recruiters conduct
recruitment;
(iii) the employers for whom recruiting is conducted;
(iv) the occupations that are the subject of recruitment;
(v) the States where recruited workers are employed; and
(vi) the name and address of the registered agent in the
United States who is authorized to accept service of process
on behalf of the foreign labor recruiter; and
(B) of foreign labor recruiters whose registration the
Secretary has revoked.
(2) Personnel.--The Secretary of State shall ensure that
each United States diplomatic mission is staffed with a
person who shall be responsible for receiving information
from members of the public regarding potential violations of
the requirements applicable to registered foreign labor
recruiters and ensuring that such information is conveyed to
the Secretary of Labor for evaluation and initiation of an
enforcement action, if appropriate.
(3) Visa application procedures.--The Secretary shall
ensure that consular officers issuing visas to nonimmigrants
under section 101(a)(1)(H)(ii)(a) of the Immigration and
Nationality Act (8 U.S.C. 11001(a)(1)(H)(ii)(a))--
(A) provide to and review with the applicant, in the
applicant's language (or a language the applicant
understands), a copy of the information and resources
pamphlet required by section 202 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1375b);
(B) ensure that the applicant has a copy of the approved
job offer or work contract;
(C) note in the visa application file whether the foreign
labor recruiter has a valid registration under this section;
and
(D) if the foreign labor recruiter holds a valid
registration, review and include in the visa application
file, the foreign labor recruiter's disclosures required by
subsection (c)(3).
(4) Data.--The Secretary of State shall make publicly
available online, on an annual basis, data disclosing the
gender, country of origin (and State, county, or province, if
available), age, wage, level of training, and occupational
classification, disaggregated by State, of nonimmigrant
workers described in section 101(a)(15)(H)(ii)(a) of the
Immigration and Nationality Act.
SEC. 252. ENFORCEMENT.
(a) Denial or Revocation of Registration.--
(1) Grounds for denial or revocation.--The Secretary shall
deny an application for registration, or revoke a
registration, if the Secretary determines that the foreign
labor recruiter, or any agent or subcontractee of such
foreign labor recruiter--
(A) knowingly made a material misrepresentation in the
registration application;
(B) materially failed to comply with one or more of the
attestations provided under section 251(c); or
(C) is not the real party in interest.
(2) Notice.--Prior to denying an application for
registration or revoking a registration under this
subsection, the Secretary shall provide written notice of the
intent to deny or revoke the registration to the foreign
labor recruiter. Such notice shall--
(A) articulate with specificity all grounds for denial or
revocation; and
(B) provide the foreign labor recruiter with not less than
60 days to respond.
(3) Re-registration.--A foreign labor recruiter whose
registration was revoked under subsection (a) may re-register
if the foreign labor recruiter demonstrates to the
Secretary's satisfaction that the foreign labor recruiter has
not violated this subtitle in the 5 years preceding the date
an application for registration is filed and has taken
sufficient steps to prevent future violations of this
subtitle.
(b) Administrative Enforcement.--
(1) Complaint process.--
(A) Filing.--A complaint may be filed with the Secretary of
Labor, in accordance with the procedures established under
section 251(b)(4) not later than 2 years after the earlier
of--
(i) the date of the last action which constituted the
conduct that is the subject of the complaint took place; or
(ii) the date on which the aggrieved party had actual
knowledge of such conduct.
(B) Decision and penalties.--If the Secretary of Labor
finds, after notice and an opportunity for a hearing, that a
foreign labor recruiter failed to comply with any of the
requirements of this subtitle, the Secretary of Labor may--
(i) levy a fine against the foreign labor recruiter in an
amount not more than--
(I) $10,000 per violation; and
(II) $25,000 per violation, upon the third violation;
(ii) order the forfeiture (or partial forfeiture) of the
bond and release of as much of the bond as the Secretary
determines is necessary for the worker to recover prohibited
recruitment fees;
(iii) refuse to issue or renew a registration, or revoke a
registration; or
(iv) disqualify the foreign labor recruiter from
registration for a period of up to 5 years, or in the case of
a subsequent finding involving willful or multiple material
violations, permanently disqualify the foreign labor
recruiter from registration.
(2) Authority to ensure compliance.--The Secretary of Labor
is authorized to take other such actions, including issuing
subpoenas and seeking appropriate injunctive relief, as may
be necessary to assure compliance with the terms and
conditions of this subtitle.
[[Page H1543]]
(3) Statutory construction.--Nothing in this subsection may
be construed as limiting the authority of the Secretary of
Labor to conduct an investigation--
(A) under any other law, including any law affecting
migrant and seasonal agricultural workers; or
(B) in the absence of a complaint.
(c) Civil Action.--
(1) In general.--The Secretary of Labor or any person
aggrieved by a violation of this subtitle may bring a civil
action against any foreign labor recruiter, or any employer
that does not meet the requirements under subsection (d)(1),
in any court of competent jurisdiction--
(A) to seek remedial action, including injunctive relief;
and
(B) for damages in accordance with the provisions of this
subsection.
(2) Award for civil action filed by an individual.--
(A) In general.--If the court finds in a civil action filed
by an individual under this section that the defendant has
violated any provision of this subtitle, the court may
award--
(i) damages, up to and including an amount equal to the
amount of actual damages, and statutory damages of up to
$1,000 per plaintiff per violation, or other equitable
relief, except that with respect to statutory damages--
(I) multiple infractions of a single provision of this
subtitle (or of a regulation under this subtitle) shall
constitute only one violation for purposes of this subsection
to determine the amount of statutory damages due a plaintiff;
and
(II) if such complaint is certified as a class action the
court may award--
(aa) damages up to an amount equal to the amount of actual
damages; and
(bb) statutory damages of not more than the lesser of up to
$1,000 per class member per violation, or up to $500,000; and
other equitable relief;
(ii) reasonable attorneys' fees and costs; and
(iii) such other and further relief as necessary to
effectuate the purposes of this subtitle.
(B) Criteria.--In determining the amount of statutory
damages to be awarded under subparagraph (A), the court is
authorized to consider whether an attempt was made to resolve
the issues in dispute before the resort to litigation.
(C) Bond.--To satisfy the damages, fees, and costs found
owing under this paragraph, the Secretary shall release as
much of the bond held pursuant to section 251(c)(4) as
necessary.
(3) Sums recovered in actions by the secretary of labor.--
(A) Establishment of account.--There is established in the
general fund of the Treasury a separate account, which shall
be known as the ``H-2A Foreign Labor Recruiter Compensation
Account''. Notwithstanding any other provisions of law, there
shall be deposited as offsetting receipts into the account,
all sums recovered in an action by the Secretary of Labor
under this subsection.
(B) Use of funds.--Amounts deposited into the H-2A Foreign
Labor Recruiter Compensation Account and shall be paid
directly to each worker affected. Any such sums not paid to a
worker because of inability to do so within a period of 5
years following the date such funds are deposited into the
account shall remain available to the Secretary until
expended. The Secretary may transfer all or a portion of such
remaining sums to appropriate agencies to support the
enforcement of the laws prohibiting the trafficking and
exploitation of persons or programs that aid trafficking
victims.
(d) Employer Safe Harbor.--
(1) In general.--An employer that hires workers referred by
a foreign labor recruiter with a valid registration at the
time of hiring shall not be held jointly liable for a
violation committed solely by a foreign labor recruiter under
this subtitle--
(A) in any administrative action initiated by the Secretary
concerning such violation; or
(B) in any Federal or State civil court action filed
against the foreign labor recruiter by or on behalf of such
workers or other aggrieved party under this subtitle.
(2) Clarification.--Nothing in this subtitle shall be
construed to prohibit an aggrieved party or parties from
bringing a civil action for violations of this subtitle or
any other Federal or State law against any employer who hired
workers referred by a foreign labor recruiter--
(A) without a valid registration at the time of hire; or
(B) with a valid registration if the employer knew or
learned of the violation and failed to report such violation
to the Secretary.
(e) Parole To Pursue Relief.--If other immigration relief
is not available, the Secretary of Homeland Security may
grant parole to permit an individual to remain legally in the
United States for time sufficient to fully and effectively
participate in all legal proceedings related to any action
taken pursuant to subsection (b) or (c).
(f) Waiver of Rights.--Agreements by employees purporting
to waive or to modify their rights under this subtitle shall
be void as contrary to public policy.
(g) Liability for Agents.--Foreign labor recruiters shall
be subject to the provisions of this section for violations
committed by the foreign labor recruiter's agents or
subcontractees of any level in relation to their foreign
labor recruiting activity to the same extent as if the
foreign labor recruiter had committed the violation.
SEC. 253. APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary for the Secretary of Labor and Secretary of State
to carry out the provisions of this subtitle.
SEC. 254. DEFINITIONS.
For purposes of this subtitle:
(1) Foreign labor recruiter.--The term ``foreign labor
recruiter'' means any person who performs foreign labor
recruiting activity in exchange for money or other valuable
consideration paid or promised to be paid, to recruit
individuals to work as nonimmigrant workers described in
section 101(a)(15)(H)(ii)(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)), including
any person who performs foreign labor recruiting activity
wholly outside of the United States. Such term does not
include any entity of the United States Government or an
employer, or employee of an employer, who engages in foreign
labor recruiting activity solely to find employees for that
employer's own use, and without the participation of any
other foreign labor recruiter.
(2) Foreign labor recruiting activity.--The term ``foreign
labor recruiting activity'' means recruiting, soliciting, or
related activities with respect to an individual who resides
outside of the United States in furtherance of employment in
the United States, including when such activity occurs wholly
outside of the United States.
(3) Recruitment fees.--The term ``recruitment fees'' has
the meaning given to such term under section 22.1702 of title
22 of the Code of Federal Regulations, as in effect on the
date of enactment of this Act.
(4) Person.--The term ``person'' means any natural person
or any corporation, company, firm, partnership, joint stock
company or association or other organization or entity
(whether organized under law or not), including municipal
corporations.
TITLE III--ELECTRONIC VERIFICATION OF EMPLOYMENT ELIGIBILITY
SEC. 301. ELECTRONIC EMPLOYMENT ELIGIBILITY VERIFICATION
SYSTEM.
(a) In General.--Chapter 8 of title II of the Immigration
and Nationality Act (8 U.S.C. 1321 et seq.) is amended by
inserting after section 274D the following:
``SEC. 274E. REQUIREMENTS FOR THE ELECTRONIC VERIFICATION OF
EMPLOYMENT ELIGIBILITY.
``(a) Employment Eligibility Verification System.--
``(1) In general.--The Secretary of Homeland Security
(referred to in this section as the `Secretary') shall
establish and administer an electronic verification system
(referred to in this section as the `System'), patterned on
the E-Verify Program described in section 403(a) of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1324a note) (as in effect on the day before
the effective date described in section 303(a)(4) of the Farm
Workforce Modernization Act of 2021), and using the
employment eligibility confirmation system established under
section 404 of such Act (8 U.S.C. 1324a note) (as so in
effect) as a foundation, through which the Secretary shall--
``(A) respond to inquiries made by persons or entities
seeking to verify the identity and employment authorization
of individuals that such persons or entities seek to hire, or
to recruit or refer for a fee, for employment in the United
States; and
``(B) maintain records of the inquiries that were made, and
of verifications provided (or not provided) to such persons
or entities as evidence of compliance with the requirements
of this section.
``(2) Initial response deadline.--The System shall provide
confirmation or a tentative nonconfirmation of an
individual's identity and employment authorization as soon as
practicable, but not later than 3 calendar days after the
initial inquiry.
``(3) General design and operation of system.--The
Secretary shall design and operate the System--
``(A) using responsive web design and other technologies to
maximize its ease of use and accessibility for users on a
variety of electronic devices and screen sizes, and in remote
locations;
``(B) to maximize the accuracy of responses to inquiries
submitted by persons or entities;
``(C) to maximize the reliability of the System and to
register each instance when the System is unable to receive
inquiries;
``(D) to protect the privacy and security of the personally
identifiable information maintained by or submitted to the
System;
``(E) to provide direct notification of an inquiry to an
individual with respect to whom the inquiry is made,
including the results of such inquiry, and information
related to the process for challenging the results, in cases
in which the individual has established a user account as
described in paragraph (4)(B) or an electronic mail address
for the individual is submitted by the person or entity at
the time the inquiry is made; and
``(F) to maintain appropriate administrative, technical,
and physical safeguards to prevent misuse of the System and
unfair immigration-related employment practices.
``(4) Measures to prevent identity theft and other forms of
fraud.--To prevent identity theft and other forms of fraud,
the Secretary shall design and operate the System with the
following attributes:
``(A) Photo matching tool.--The System shall display the
digital photograph of the individual, if any, that
corresponds to the document presented by an individual to
establish identity and employment authorization so that the
person or entity that makes an inquiry can compare the
photograph displayed by the System to the photograph on the
document presented by the individual.
``(B) Individual monitoring and suspension of identifying
information.--The System shall enable individuals to
establish user accounts, after authentication of an
individual's identity, that would allow an individual to--
``(i) confirm the individual's own employment
authorization;
``(ii) receive electronic notification when the
individual's social security account number or
[[Page H1544]]
other personally identifying information has been submitted
to the System;
``(iii) monitor the use history of the individual's
personally identifying information in the System, including
the identities of all persons or entities that have submitted
such identifying information to the System, the date of each
query run, and the System response for each query run;
``(iv) suspend or limit the use of the individual's social
security account number or other personally identifying
information for purposes of the System; and
``(v) provide notice to the Department of Homeland Security
of any suspected identity fraud or other improper use of
personally identifying information.
``(C) Blocking misused social security account numbers.--
``(i) In general.--The Secretary, in consultation with the
Commissioner of Social Security (referred to in this section
as the `Commissioner'), shall develop, after publication in
the Federal Register and an opportunity for public comment, a
process in which social security account numbers that have
been identified to be subject to unusual multiple use in the
System or that are otherwise suspected or determined to have
been compromised by identity fraud or other misuse, shall be
blocked from use in the System unless the individual using
such number is able to establish, through secure and fair
procedures, that the individual is the legitimate holder of
the number.
``(ii) Notice.--If the Secretary blocks or suspends a
social security account number under this subparagraph, the
Secretary shall provide notice to the persons or entities
that have made inquiries to the System using such account
number that the identity and employment authorization of the
individual who provided such account number must be re-
verified.
``(D) Additional identity authentication tool.--The
Secretary shall develop, after publication in the Federal
Register and an opportunity for public comment, additional
security measures to adequately verify the identity of an
individual whose identity may not be verified using the photo
tool described in subparagraph (A). Such additional security
measures--
``(i) shall be kept up-to-date with technological advances;
and
``(ii) shall be designed to provide a high level of
certainty with respect to identity authentication.
``(E) Child-lock pilot program.--The Secretary, in
consultation with the Commissioner, shall establish a
reliable, secure program through which parents or legal
guardians may suspend or limit the use of the social security
account number or other personally identifying information of
a minor under their care for purposes of the System. The
Secretary may implement the program on a limited pilot basis
before making it fully available to all individuals.
``(5) Responsibilities of the commissioner of social
security.--The Commissioner, in consultation with the
Secretary, shall establish a reliable, secure method, which,
within the time periods specified in paragraph (2) and
subsection (b)(4)(D)(i)(II), compares the name and social
security account number provided in an inquiry against such
information maintained by the Commissioner in order to
validate (or not validate) the information provided by the
person or entity with respect to an individual whose identity
and employment authorization the person or entity seeks to
confirm, the correspondence of the name and number, and
whether the individual has presented a social security
account number that is not valid for employment. The
Commissioner shall not disclose or release social security
information (other than such confirmation or nonconfirmation)
under the System except as provided under this section.
``(6) Responsibilities of the secretary of homeland
security.--
``(A) In general.--The Secretary of Homeland Security shall
establish a reliable, secure method, which, within the time
periods specified in paragraph (2) and subsection
(b)(4)(D)(i)(II), compares the name and identification or
other authorization number (or any other information
determined relevant by the Secretary) which are provided in
an inquiry against such information maintained or accessed by
the Secretary in order to validate (or not validate) the
information provided, the correspondence of the name and
number, and whether the individual is authorized to be
employed in the United States.
``(B) Training.--The Secretary shall provide and regularly
update training materials on the use of the System for
persons and entities making inquiries.
``(C) Audit.--The Secretary shall provide for periodic
auditing of the System to detect and prevent misuse,
discrimination, fraud, and identity theft, to protect privacy
and assess System accuracy, and to preserve the integrity and
security of the information in the System.
``(D) Notice of system changes.--The Secretary shall
provide appropriate notification to persons and entities
registered in the System of any change made by the Secretary
or the Commissioner related to permitted and prohibited
documents, and use of the System.
``(7) Responsibilities of the secretary of state.--As part
of the System, the Secretary of State shall provide to the
Secretary of Homeland Security access to passport and visa
information as needed to confirm that a passport or passport
card presented under subsection (b)(3)(A)(i) confirms the
employment authorization and identity of the individual
presenting such document, and that a passport, passport card,
or visa photograph matches the Secretary of State's records,
and shall provide such assistance as the Secretary of
Homeland Security may request in order to resolve tentative
nonconfirmations or final nonconfirmations relating to such
information.
``(8) Updating information.--The Commissioner, the
Secretary of Homeland Security, and the Secretary of State
shall update records in their custody in a manner that
promotes maximum accuracy of the System and shall provide a
process for the prompt correction of erroneous information,
including instances in which it is brought to their attention
through the tentative nonconfirmation review process under
subsection (b)(4)(D).
``(9) Mandatory and voluntary system uses.--
``(A) Mandatory users.--Except as otherwise provided under
Federal or State law, such as sections 302 and 303 of the
Farm Workforce Modernization Act of 2021, nothing in this
section shall be construed as requiring the use of the System
by any person or entity hiring, recruiting, or referring for
a fee, an individual for employment in the United States.
``(B) Voluntary users.--Beginning after the date that is 30
days after the date on which final rules are published under
section 309(a) of the Farm Workforce Modernization Act of
2021, a person or entity may use the System on a voluntary
basis to seek verification of the identity and employment
authorization of individuals the person or entity is hiring,
recruiting, or referring for a fee for employment in the
United States.
``(C) Process for non-users.--The employment verification
process for any person or entity hiring, recruiting, or
referring for a fee, an individual for employment in the
United States shall be governed by section 274A(b) unless the
person or entity--
``(i) is required by Federal or State law to use the
System; or
``(ii) has opted to use the System voluntarily in
accordance with subparagraph (B).
``(10) No fee for use.--The Secretary may not charge a fee
to an individual, person, or entity related to the use of the
System.
``(b) New Hires, Recruitment, and Referral.--
Notwithstanding section 274A(b), the requirements referred to
in paragraphs (1)(B) and (3) of section 274A(a) are, in the
case of a person or entity that uses the System for the
hiring, recruiting, or referring for a fee, an individual for
employment in the United States, the following:
``(1) Individual attestation of employment authorization.--
During the period beginning on the date on which an offer of
employment is accepted and ending on the date of hire, the
individual shall attest, under penalty of perjury on a form
designated by the Secretary, that the individual is
authorized to be employed in the United States by providing
on such form--
``(A) the individual's name and date of birth;
``(B) the individual's social security account number
(unless the individual has applied for and not yet been
issued such a number);
``(C) whether the individual is--
``(i) a citizen or national of the United States;
``(ii) an alien lawfully admitted for permanent residence;
or
``(iii) an alien who is otherwise authorized by the
Secretary to be hired, recruited, or referred for employment
in the United States; and
``(D) if the individual does not attest to United States
citizenship or nationality, such identification or other
authorization number established by the Department of
Homeland Security for the alien as the Secretary may specify.
``(2) Employer attestation after examination of
documents.--Not later than 3 business days after the date of
hire, the person or entity shall attest, under penalty of
perjury on the form designated by the Secretary for purposes
of paragraph (1), that it has verified that the individual is
not an unauthorized alien by--
``(A) obtaining from the individual the information
described in paragraph (1) and recording such information on
the form;
``(B) examining--
``(i) a document described in paragraph (3)(A); or
``(ii) a document described in paragraph (3)(B) and a
document described in paragraph (3)(C); and
``(C) attesting that the information recorded on the form
is consistent with the documents examined.
``(3) Acceptable documents.--
``(A) Documents establishing employment authorization and
identity.--A document described in this subparagraph is an
individual's--
``(i) United States passport or passport card;
``(ii) permanent resident card that contains a photograph;
``(iii) foreign passport containing temporary evidence of
lawful permanent residence in the form of an official I-551
(or successor) stamp from the Department of Homeland Security
or a printed notation on a machine-readable immigrant visa;
``(iv) unexpired employment authorization card that
contains a photograph;
``(v) in the case of a nonimmigrant alien authorized to
engage in employment for a specific employer incident to
status, a foreign passport with Form I-94, Form I-94A, or
other documentation as designated by the Secretary specifying
the alien's nonimmigrant status as long as such status has
not yet expired and the proposed employment is not in
conflict with any restrictions or limitations identified in
the documentation;
``(vi) passport from the Federated States of Micronesia or
the Republic of the Marshall Islands with Form I-94, Form I-
94A, or other documentation as designated by the Secretary,
indicating nonimmigrant admission under the Compact of Free
Association Between the United States and the Federated
States of Micronesia or the Republic of the Marshall Islands;
or
``(vii) other document designated by the Secretary, by
notice published in the Federal Register, if the document--
``(I) contains a photograph of the individual, biometric
identification data, and other personal identifying
information relating to the individual;
[[Page H1545]]
``(II) is evidence of authorization for employment in the
United States; and
``(III) contains security features to make it resistant to
tampering, counterfeiting, and fraudulent use.
``(B) Documents establishing employment authorization.--A
document described in this subparagraph is--
``(i) an individual's social security account number card
(other than such a card which specifies on the face that the
issuance of the card does not authorize employment in the
United States); or
``(ii) a document establishing employment authorization
that the Secretary determines, by notice published in the
Federal Register, to be acceptable for purposes of this
subparagraph, provided that such documentation contains
security features to make it resistant to tampering,
counterfeiting, and fraudulent use.
``(C) Documents establishing identity.--A document
described in this subparagraph is--
``(i) an individual's driver's license or identification
card if it was issued by a State or one of the outlying
possessions of the United States and contains a photograph
and personal identifying information relating to the
individual;
``(ii) an individual's unexpired United States military
identification card;
``(iii) an individual's unexpired Native American tribal
identification document issued by a tribal entity recognized
by the Bureau of Indian Affairs;
``(iv) in the case of an individual under 18 years of age,
a parent or legal guardian's attestation under penalty of law
as to the identity and age of the individual; or
``(v) a document establishing identity that the Secretary
determines, by notice published in the Federal Register, to
be acceptable for purposes of this subparagraph, if such
documentation contains a photograph of the individual,
biometric identification data, and other personal identifying
information relating to the individual, and security features
to make it resistant to tampering, counterfeiting, and
fraudulent use.
``(D) Authority to prohibit use of certain documents.--If
the Secretary finds that any document or class of documents
described in subparagraph (A), (B), or (C) does not reliably
establish identity or employment authorization or is being
used fraudulently to an unacceptable degree, the Secretary
may, by notice published in the Federal Register, prohibit or
place conditions on the use of such document or class of
documents for purposes of this section.
``(4) Use of the system to screen identity and employment
authorization.--
``(A) In general.--In the case of a person or entity that
uses the System for the hiring, recruiting, or referring for
a fee an individual for employment in the United States,
during the period described in subparagraph (B), the person
or entity shall submit an inquiry through the System
described in subsection (a) to seek verification of the
identity and employment authorization of the individual.
``(B) Verification period.--
``(i) In general.--Except as provided in clause (ii), and
subject to subsection (d), the verification period shall
begin on the date of hire and end on the date that is 3
business days after the date of hire, or such other
reasonable period as the Secretary may prescribe.
``(ii) Special rule.--In the case of an alien who is
authorized to be employed in the United States and who
provides evidence from the Social Security Administration
that the alien has applied for a social security account
number, the verification period shall end 3 business days
after the alien receives the social security account number.
``(C) Confirmation.--If a person or entity receives
confirmation of an individual's identity and employment
authorization, the person or entity shall record such
confirmation on the form designated by the Secretary for
purposes of paragraph (1).
``(D) Tentative nonconfirmation.--
``(i) In general.--In cases of tentative nonconfirmation,
the Secretary shall provide, in consultation with the
Commissioner, a process for--
``(I) an individual to contest the tentative
nonconfirmation not later than 10 business days after the
date of the receipt of the notice described in clause (ii);
and
``(II) the Secretary to issue a confirmation or final
nonconfirmation of an individual's identity and employment
authorization not later than 30 calendar days after the
Secretary receives notice from the individual contesting a
tentative nonconfirmation.
``(ii) Notice.--If a person or entity receives a tentative
nonconfirmation of an individual's identity or employment
authorization, the person or entity shall, not later than 3
business days after receipt, notify such individual in
writing in a language understood by the individual and on a
form designated by the Secretary, that shall include a
description of the individual's right to contest the
tentative nonconfirmation. The person or entity shall attest,
under penalty of perjury, that the person or entity provided
(or attempted to provide) such notice to the individual, and
the individual shall acknowledge receipt of such notice in a
manner specified by the Secretary.
``(iii) No contest.--
``(I) In general.--A tentative nonconfirmation shall become
final if, upon receiving the notice described in clause (ii),
the individual--
``(aa) refuses to acknowledge receipt of such notice;
``(bb) acknowledges in writing, in a manner specified by
the Secretary, that the individual will not contest the
tentative nonconfirmation; or
``(cc) fails to contest the tentative nonconfirmation
within the 10-business-day period beginning on the date the
individual received such notice.
``(II) Record of no contest.--The person or entity shall
indicate in the System that the individual did not contest
the tentative nonconfirmation and shall specify the reason
the tentative nonconfirmation became final under subclause
(I).
``(III) Effect of failure to contest.--An individual's
failure to contest a tentative nonconfirmation shall not be
considered an admission of any fact with respect to any
violation of this Act or any other provision of law.
``(iv) Contest.--
``(I) In general.--An individual may contest a tentative
nonconfirmation by using the tentative nonconfirmation review
process under clause (i), not later than 10 business days
after receiving the notice described in clause (ii). Except
as provided in clause (iii), the nonconfirmation shall remain
tentative until a confirmation or final nonconfirmation is
provided by the System.
``(II) Prohibition on termination.--In no case shall a
person or entity terminate employment or take any adverse
employment action against an individual for failure to obtain
confirmation of the individual's identity and employment
authorization until the person or entity receives a notice of
final nonconfirmation from the System. Nothing in this
subclause shall prohibit an employer from terminating the
employment of the individual for any other lawful reason.
``(III) Confirmation or final nonconfirmation.--The
Secretary, in consultation with the Commissioner, shall issue
notice of a confirmation or final nonconfirmation of the
individual's identity and employment authorization not later
than 30 calendar days after the date the Secretary receives
notice from the individual contesting the tentative
nonconfirmation.
``(E) Final nonconfirmation.--
``(i) Notice.--If a person or entity receives a final
nonconfirmation of an individual's identity or employment
authorization, the person or entity shall, not later than 3
business days after receipt, notify such individual of the
final nonconfirmation in writing, on a form designated by the
Secretary, which shall include information regarding the
individual's right to appeal the final nonconfirmation as
provided under subparagraph (F). The person or entity shall
attest, under penalty of perjury, that the person or entity
provided (or attempted to provide) the notice to the
individual, and the individual shall acknowledge receipt of
such notice in a manner designated by the Secretary.
``(ii) Termination or notification of continued
employment.--If a person or entity receives a final
nonconfirmation regarding an individual, the person or entity
may terminate employment of the individual. If the person or
entity does not terminate such employment pending appeal of
the final nonconfirmation, the person or entity shall notify
the Secretary of such fact through the System. Failure to
notify the Secretary in accordance with this clause shall be
deemed a violation of section 274A(a)(1)(A).
``(iii) Presumption of violation for continued
employment.--If a person or entity continues to employ an
individual after receipt of a final nonconfirmation, there
shall be a rebuttable presumption that the person or entity
has violated paragraphs (1)(A) and (a)(2) of section 274A(a).
``(F) Appeal of final nonconfirmation.--
``(i) Administrative appeal.--The Secretary, in
consultation with the Commissioner, shall develop a process
by which an individual may seek administrative review of a
final nonconfirmation. Such process shall--
``(I) permit the individual to submit additional evidence
establishing identity or employment authorization;
``(II) ensure prompt resolution of an appeal (but in no
event shall there be a failure to respond to an appeal within
30 days); and
``(III) permit the Secretary to impose a civil money
penalty (not to exceed $500) on an individual upon finding
that an appeal was frivolous or filed for purposes of delay.
``(ii) Compensation for lost wages resulting from
government error or omission.--
``(I) In general.--If, upon consideration of an appeal of a
final nonconfirmation, the Secretary determines that the
final nonconfirmation was issued in error, the Secretary
shall further determine whether the final nonconfirmation was
the result of government error or omission. If the Secretary
determines that the final nonconfirmation was solely the
result of government error or omission and the individual was
terminated from employment, the Secretary shall compensate
the individual for lost wages.
``(II) Calculation of lost wages.--Lost wages shall be
calculated based on the wage rate and work schedule that were
in effect prior to the individual's termination. The
individual shall be compensated for lost wages beginning on
the first scheduled work day after employment was terminated
and ending 90 days after completion of the administrative
review process described in this subparagraph or the day the
individual is reinstated or obtains other employment,
whichever occurs first.
``(III) Limitation on compensation.--No compensation for
lost wages shall be awarded for any period during which the
individual was not authorized for employment in the United
States.
``(IV) Source of funds.--There is established in the
general fund of the Treasury, a separate account which shall
be known as the `Electronic Verification Compensation
Account'. Fees collected under subsections (f) and (g) shall
be deposited in the Electronic Verification Compensation
Account and shall remain available for purposes of providing
compensation for lost wages under this subclause.
``(iii) Judicial review.--Not later than 30 days after the
dismissal of an appeal under this subparagraph, an individual
may seek judicial
[[Page H1546]]
review of such dismissal in the United States District Court
in the jurisdiction in which the employer resides or conducts
business.
``(5) Retention of verification records.--
``(A) In general.--After completing the form designated by
the Secretary in accordance with paragraphs (1) and (2), the
person or entity shall retain the form in paper, microfiche,
microfilm, electronic, or other format deemed acceptable by
the Secretary, and make it available for inspection by
officers of the Department of Homeland Security, the
Department of Justice, or the Department of Labor during the
period beginning on the date the verification is completed
and ending on the later of--
``(i) the date that is 3 years after the date of hire; or
``(ii) the date that is 1 year after the date on which the
individual's employment is terminated.
``(B) Copying of documentation permitted.--Notwithstanding
any other provision of law, a person or entity may copy a
document presented by an individual pursuant to this section
and may retain the copy, but only for the purpose of
complying with the requirements of this section.
``(c) Reverification of Previously Hired Individuals.--
``(1) Mandatory reverification.--In the case of a person or
entity that uses the System for the hiring, recruiting, or
referring for a fee an individual for employment in the
United States, the person or entity shall submit an inquiry
using the System to verify the identity and employment
authorization of--
``(A) an individual with a limited period of employment
authorization, within 3 business days before the date on
which such employment authorization expires; and
``(B) an individual, not later than 10 days after receiving
a notification from the Secretary requiring the verification
of such individual pursuant to subsection (a)(4)(C).
``(2) Reverification procedures.--The verification
procedures under subsection (b) shall apply to
reverifications under this subsection, except that employers
shall--
``(A) use a form designated by the Secretary for purposes
of this paragraph; and
``(B) retain the form in paper, microfiche, microfilm,
electronic, or other format deemed acceptable by the
Secretary, and make it available for inspection by officers
of the Department of Homeland Security, the Department of
Justice, or the Department of Labor during the period
beginning on the date the reverification commences and ending
on the later of--
``(i) the date that is 3 years after the date of
reverification; or
``(ii) the date that is 1 year after the date on which the
individual's employment is terminated.
``(3) Limitation on reverification.--Except as provided in
paragraph (1), a person or entity may not otherwise reverify
the identity and employment authorization of a current
employee, including an employee continuing in employment.
``(d) Good Faith Compliance.--
``(1) In general.--Except as otherwise provided in this
subsection, a person or entity that uses the System is
considered to have complied with the requirements of this
section notwithstanding a technical failure of the System, or
other technical or procedural failure to meet such
requirement if there was a good faith attempt to comply with
the requirement.
``(2) Exception for failure to correct after notice.--
Paragraph (1) shall not apply if--
``(A) the failure is not de minimis;
``(B) the Secretary has provided notice to the person or
entity of the failure, including an explanation as to why it
is not de minimis;
``(C) the person or entity has been provided a period of
not less than 30 days (beginning after the date of the
notice) to correct the failure; and
``(D) the person or entity has not corrected the failure
voluntarily within such period.
``(3) Exception for pattern or practice violators.--
Paragraph (1) shall not apply to a person or entity that has
engaged or is engaging in a pattern or practice of violations
of paragraph (1)(A) or (2) of section 274A(a).
``(4) Defense.--In the case of a person or entity that uses
the System for the hiring, recruiting, or referring for a fee
an individual for employment in the United States, the person
or entity shall not be liable to a job applicant, an
employee, the Federal Government, or a State or local
government, under Federal, State, or local criminal or civil
law, for any employment-related action taken with respect to
an employee in good-faith reliance on information provided by
the System. Such person or entity shall be deemed to have
established compliance with its obligations under this
section, absent a showing by the Secretary, by clear and
convincing evidence, that the employer had knowledge that an
employee is an unauthorized alien.
``(e) Limitations.--
``(1) No national identification card.--Nothing in this
section shall be construed to authorize, directly or
indirectly, the issuance or use of national identification
cards or the establishment of a national identification card.
``(2) Use of records.--Notwithstanding any other provision
of law, nothing in this section shall be construed to permit
or allow any department, bureau, or other agency of the
United States Government to utilize any information,
database, or other records assembled under this section for
any purpose other than the verification of identity and
employment authorization of an individual or to ensure the
secure, appropriate, and non-discriminatory use of the
System.
``(f) Penalties.--
``(1) In general.--Except as provided in this subsection,
the provisions of subsections (e) through (g) of section 274A
shall apply with respect to compliance with the provisions of
this section and penalties for non-compliance for persons or
entitles that use the System.
``(2) Cease and desist order with civil money penalties for
hiring, recruiting, and referral violations.--Notwithstanding
the civil money penalties set forth in section 274A(e)(4),
with respect to a violation of paragraph (1)(A) or (2) of
section 274A(a) by a person or entity that has hired,
recruited, or referred for a fee, an individual for
employment in the United States, a cease and desist order--
``(A) shall require the person or entity to pay a civil
penalty in an amount, subject to subsection (d), of--
``(i) not less than $2,500 and not more than $5,000 for
each unauthorized alien with respect to whom a violation of
either such subsection occurred;
``(ii) not less than $5,000 and not more than $10,000 for
each such alien in the case of a person or entity previously
subject to one order under this paragraph; or
``(iii) not less than $10,000 and not more than $25,000 for
each such alien in the case of a person or entity previously
subject to more than one order under this paragraph; and
``(B) may require the person or entity to take such other
remedial action as appropriate.
``(3) Order for civil money penalty for violations.--With
respect to a violation of section 274A(a)(1)(B), the order
under this paragraph shall require the person or entity to
pay a civil penalty in an amount, subject to paragraphs (4),
(5), and (6), of not less than $1,000 and not more than
$25,000 for each individual with respect to whom such
violation occurred. Failure by a person or entity to utilize
the System as required by law or providing information to the
System that the person or entity knows or reasonably believes
to be false, shall be treated as a violation of section
274A(a)(1)(A).
``(4) Exemption from penalty for good faith violation.--
``(A) In general.--A person or entity that uses the System
is presumed to have acted with knowledge for purposes of
paragraphs (1)(A) and (2) of section 274A(a) if the person or
entity fails to make an inquiry to verify the identity and
employment authorization of the individual through the
System.
``(B) Good faith exemption.--In the case of imposition of a
civil penalty under paragraph (2)(A) with respect to a
violation of paragraph (1)(A) or (2) of section 274A(a) for
hiring or continuation of employment or recruitment or
referral by a person or entity, and in the case of imposition
of a civil penalty under paragraph (3) for a violation of
section 274A(a)(1)(B) for hiring or recruitment or referral
by a person or entity, the penalty otherwise imposed may be
waived or reduced if the person or entity establishes that
the person or entity acted in good faith.
``(5) Mitigation elements.--For purposes of paragraphs
(2)(A) and (3), when assessing the level of civil money
penalties, in addition to the good faith of the person or
entity being charged, due consideration shall be given to the
size of the business, the seriousness of the violation,
whether or not the individual was an unauthorized alien, and
the history of previous violations.
``(6) Criminal penalty.--Notwithstanding section 274A(f)(1)
and the provisions of any other Federal law relating to fine
levels, any person or entity that is required to comply with
the provisions of this section and that engages in a pattern
or practice of violations of paragraph (1) or (2) of section
274A(a), shall be fined not more than $5,000 for each
unauthorized alien with respect to whom such a violation
occurs, imprisoned for not more than 18 months, or both.
``(7) Electronic verification compensation account.--Civil
money penalties collected under this subsection shall be
deposited in the Electronic Verification Compensation Account
for the purpose of compensating individuals for lost wages as
a result of a final nonconfirmation issued by the System that
was based on government error or omission, as set forth in
subsection (b)(4)(F)(ii)(IV).
``(8) Debarment.--
``(A) In general.--If a person or entity is determined by
the Secretary to be a repeat violator of paragraph (1)(A) or
(2) of section 274A(a) or is convicted of a crime under
section 274A, such person or entity may be considered for
debarment from the receipt of Federal contracts, grants, or
cooperative agreements in accordance with the debarment
standards and pursuant to the debarment procedures set forth
in the Federal Acquisition Regulation.
``(B) No contract, grant, agreement.--If the Secretary or
the Attorney General wishes to have a person or entity
considered for debarment in accordance with this paragraph,
and such a person or entity does not hold a Federal contract,
grant or cooperative agreement, the Secretary or Attorney
General shall refer the matter to the Administrator of
General Services to determine whether to list the person or
entity on the List of Parties Excluded from Federal
Procurement, and if so, for what duration and under what
scope.
``(C) Contract, grant, agreement.--If the Secretary or the
Attorney General wishes to have a person or entity considered
for debarment in accordance with this paragraph, and such
person or entity holds a Federal contract, grant, or
cooperative agreement, the Secretary or Attorney General
shall advise all agencies or departments holding a contract,
grant, or cooperative agreement with the person or entity of
the Government's interest in having the person or entity
considered for debarment, and after soliciting and
considering the views of all such agencies and departments,
the Secretary or Attorney General may refer the matter to the
appropriate lead agency to determine whether to list the
person or entity on the List of Parties
[[Page H1547]]
Excluded from Federal Procurement, and if so, for what
duration and under what scope.
``(D) Review.--Any decision to debar a person or entity in
accordance with this subsection shall be reviewable pursuant
to part 9.4 of the Federal Acquisition Regulation.
``(9) Preemption.--The provisions of this section preempt
any State or local law, ordinance, policy, or rule, including
any criminal or civil fine or penalty structure, relating to
the hiring, continued employment, or status verification for
employment eligibility purposes, of unauthorized aliens,
except that a State, locality, municipality, or political
subdivision may exercise its authority over business
licensing and similar laws as a penalty for failure to use
the System as required under this section.
``(g) Unfair Immigration-Related Employment Practices and
the System.--
``(1) In general.--In addition to the prohibitions on
discrimination set forth in section 274B, it is an unfair
immigration-related employment practice for a person or
entity, in the course of utilizing the System--
``(A) to use the System for screening an applicant prior to
the date of hire;
``(B) to terminate the employment of an individual or take
any adverse employment action with respect to that individual
due to a tentative nonconfirmation issued by the System;
``(C) to use the System to screen any individual for any
purpose other than confirmation of identity and employment
authorization as provided in this section;
``(D) to use the System to verify the identity and
employment authorization of a current employee, including an
employee continuing in employment, other than reverification
authorized under subsection (c);
``(E) to use the System to discriminate based on national
origin or citizenship status;
``(F) to willfully fail to provide an individual with any
notice required under this title;
``(G) to require an individual to make an inquiry under the
self-verification procedures described in subsection
(a)(4)(B) or to provide the results of such an inquiry as a
condition of employment, or hiring, recruiting, or referring;
or
``(H) to terminate the employment of an individual or take
any adverse employment action with respect to that individual
based upon the need to verify the identity and employment
authorization of the individual as required by subsection
(b).
``(2) Preemployment screening and background check.--
Nothing in paragraph (1)(A) shall be construed to preclude a
preemployment screening or background check that is required
or permitted under any other provision of law.
``(3) Civil money penalties for discriminatory conduct.--
Notwithstanding section 274B(g)(2)(B)(iv), the penalties that
may be imposed by an administrative law judge with respect to
a finding that a person or entity has engaged in an unfair
immigration-related employment practice described in
paragraph (1) are--
``(A) not less than $1,000 and not more than $4,000 for
each individual discriminated against;
``(B) in the case of a person or entity previously subject
to a single order under this paragraph, not less than $4,000
and not more than $10,000 for each individual discriminated
against; and
``(C) in the case of a person or entity previously subject
to more than one order under this paragraph, not less than
$6,000 and not more than $20,000 for each individual
discriminated against.
``(4) Electronic verification compensation account.--Civil
money penalties collected under this subsection shall be
deposited in the Electronic Verification Compensation Account
for the purpose of compensating individuals for lost wages as
a result of a final nonconfirmation issued by the System that
was based on government error or omission, as set forth in
subsection (b)(4)(F)(ii)(IV).
``(h) Clarification.--All rights and remedies provided
under any Federal, State, or local law relating to workplace
rights, including but not limited to back pay, are available
to an employee despite--
``(1) the employee's status as an unauthorized alien during
or after the period of employment; or
``(2) the employer's or employee's failure to comply with
the requirements of this section.
``(i) Definition.--In this section, the term `date of hire'
means the date on which employment for pay or other
remuneration commences.''.
(b) Conforming Amendment.--The table of contents for the
Immigration and Nationality Act is amended by inserting after
the item relating to section 274D the following:
``Sec. 274E. Requirements for the electronic verification of employment
eligibility.''.
SEC. 302. MANDATORY ELECTRONIC VERIFICATION FOR THE
AGRICULTURAL INDUSTRY.
(a) In General.--The requirements for the electronic
verification of identity and employment authorization
described in section 274E of the Immigration and Nationality
Act, as inserted by section 301 of this Act, shall apply to a
person or entity hiring, recruiting, or referring for a fee
an individual for agricultural employment in the United
States in accordance with the effective dates set forth in
subsection (b).
(b) Effective Dates.--
(1) Hiring.--Subsection (a) shall apply to a person or
entity hiring an individual for agricultural employment in
the United States as follows:
(A) With respect to employers having 500 or more employees
in the United States on the date of the enactment of this
Act, on the date that is 6 months after completion of the
application period described in section 101(c).
(B) With respect to employers having 100 or more employees
in the United States (but less than 500 such employees) on
the date of the enactment of this Act, on the date that is 9
months after completion of the application period described
in section 101(c).
(C) With respect to employers having 20 or more employees
in the United States (but less than 100 such employees) on
the date of the enactment of this Act, on the date that is 12
months after completion of the application period described
in section 101(c).
(D) With respect to employers having one or more employees
in the United States, (but less than 20 such employees) on
the date of the enactment of this Act, on the date that is 15
months after completion of the application period described
in section 101(c).
(2) Recruiting and referring for a fee.--Subsection (a)
shall apply to a person or entity recruiting or referring for
a fee an individual for agricultural employment in the United
States on the date that is 12 months after completion of the
application period described in section 101(c).
(3) Transition rule.--Except as required under subtitle A
of title IV of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note) (as in
effect on the day before the effective date described in
section 303(a)(4)), Executive Order No. 13465 (8 U.S.C. 1324a
note; relating to Government procurement), or any State law
requiring persons or entities to use the E-Verify Program
described in section 403(a) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a
note) (as in effect on the day before the effective date
described in section 303(a)(4)), sections 274A and 274B of
the Immigration and Nationality Act (8 U.S.C. 1324a and
1324b) shall apply to a person or entity hiring, recruiting,
or referring an individual for employment in the United
States until the applicable effective date under this
subsection.
(4) E-Verify voluntary users and others desiring early
compliance.--Nothing in this subsection shall be construed to
prohibit persons or entities, including persons or entities
that have voluntarily elected to participate in the E-Verify
Program described in section 403(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1324a note) (as in effect on the day before the
effective date described in section 303(a)(4)), from seeking
early compliance on a voluntary basis.
(5) Delayed implementation.--The Secretary of Homeland
Security, in consultation with the Secretary of Agriculture,
may delay the effective dates described in paragraphs (1) and
(2) for a period not to exceed 180 days if the Secretary
determines, based on the most recent report described in
section 133 and other relevant data, that a significant
number of applications under section 101 remain pending.
(c) Rural Access to Assistance for Tentative
Nonconfirmation Review Process.--
(1) In general.--The Secretary of Homeland Security shall
coordinate with the Secretary of Agriculture, in consultation
with the Commissioner of Social Security, to create a process
for individuals to seek assistance in contesting a tentative
nonconfirmation as described in section 274E(b)(4)(D) of the
Immigration and Nationality Act, as inserted by section 301
of this Act, at local offices or service centers of the U.S.
Department of Agriculture.
(2) Staffing and resources.--The Secretary of Homeland
Security and Secretary of Agriculture shall ensure that local
offices and service centers of the U.S. Department of
Agriculture are staffed appropriately and have the resources
necessary to provide information and support to individuals
seeking the assistance described in paragraph (1), including
by facilitating communication between such individuals and
the Department of Homeland Security or the Social Security
Administration.
(3) Clarification.--Nothing in this subsection shall be
construed to delegate authority or transfer responsibility
for reviewing and resolving tentative nonconfirmations from
the Secretary of Homeland Security and the Commissioner of
Social Security to the Secretary of Agriculture.
(d) Document Establishing Employment Authorization and
Identity.--In accordance with section 274E(b)(3)(A)(vii) of
the Immigration and Nationality Act, as inserted by section
301 of this Act, and not later than 12 months after the
completion of the application period described in section
101(c) of this Act, the Secretary of Homeland Security shall
recognize documentary evidence of certified agricultural
worker status described in section 102(a)(2) of this Act as
valid proof of employment authorization and identity for
purposes of section 274E(b)(3)(A) of the Immigration and
Nationality Act, as inserted by section 301 of this Act.
(e) Agricultural Employment.--For purposes of this section,
the term ``agricultural employment'' means agricultural labor
or services, as defined by section 101(a)(15)(H)(ii) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)), as amended by this Act.
SEC. 303. COORDINATION WITH E-VERIFY PROGRAM.
(a) Repeal.--
(1) In general.--Subtitle A of title IV of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1324a note) is repealed.
(2) Clerical amendment.--The table of sections, in section
1(d) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, is amended by striking the items
relating to subtitle A of title IV.
(3) References.--Any reference in any Federal, State, or
local law, Executive order, rule, regulation, or delegation
of authority, or any document of, or pertaining to, the
Department of Homeland Security, Department of Justice, or
the Social Security Administration, to the E-
[[Page H1548]]
Verify Program described in section 403(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1324a note), or to the employment eligibility
confirmation system established under section 404 of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1324a note), is deemed to refer to the
employment eligibility confirmation system established under
section 274E of the Immigration and Nationality Act, as
inserted by section 301 of this Act.
(4) Effective date.--This subsection, and the amendments
made by this subsection, shall take effect on the date that
is 30 days after the date on which final rules are published
under section 309(a).
(b) Former E-Verify Mandatory Users, Including Federal
Contractors.--Beginning on the effective date in subsection
(a)(4), the Secretary of Homeland Security shall require
employers required to participate in the E-Verify Program
described in section 403(a) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a
note) by reason of any Federal, State, or local law,
Executive order, rule, regulation, or delegation of
authority, including employers required to participate in
such program by reason of Federal acquisition laws (and
regulations promulgated under those laws, including the
Federal Acquisition Regulation), to comply with the
requirements of section 274E of the Immigration and
Nationality Act, as inserted by section 301 of this Act (and
any additional requirements of such Federal acquisition laws
and regulation) in lieu of any requirement to participate in
the E-Verify Program.
(c) Former E-Verify Voluntary Users.--Beginning on the
effective date in subsection (a)(4), the Secretary of
Homeland Security shall provide for the voluntary compliance
with the requirements of section 274E of the Immigration and
Nationality Act, as inserted by section 301 of this Act, by
employers voluntarily electing to participate in the E-Verify
Program described in section 403(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1324a note) before such date.
SEC. 304. FRAUD AND MISUSE OF DOCUMENTS.
Section 1546(b) of title 18, United States Code, is
amended--
(1) in paragraph (1), by striking ``identification
document,'' and inserting ``identification document or
document meant to establish employment authorization,'';
(2) in paragraph (2), by striking ``identification
document'' and inserting ``identification document or
document meant to establish employment authorization,''; and
(3) in the matter following paragraph (3) by inserting ``or
section 274E(b)'' after ``section 274A(b)''.
SEC. 305. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Unlawful Employment of Aliens.--Section 274A of the
Immigration and Nationality Act (8 U.S.C. 1324a) is amended--
(1) in paragraph (1)(B)(ii) of subsection (a), by striking
``subsection (b).'' and inserting ``section 274B.''; and
(2) in the matter preceding paragraph (1) of subsection
(b), by striking ``The requirements referred'' and inserting
``Except as provided in section 274E, the requirements
referred''.
(b) Unfair Immigration-Related Employment Practices.--
Section 274B(a)(1) of the Immigration and Nationality Act (8
U.S.C. 1324b(a)(1)) is amended in the matter preceding
subparagraph (A), by inserting ``including misuse of the
verification system as described in section 274E(g)'' after
``referral for a fee,''.
SEC. 306. PROTECTION OF SOCIAL SECURITY ADMINISTRATION
PROGRAMS.
(a) Funding Under Agreement.--Effective for fiscal years
beginning on or after October 1, 2021, the Commissioner and
the Secretary shall ensure that an agreement is in place
which shall--
(1) provide funds to the Commissioner for the full costs of
the responsibilities of the Commissioner with respect to
employment eligibility verification, including under this
title and the amendments made by this title, and including--
(A) acquiring, installing, and maintaining technological
equipment and systems necessary for the fulfillment of such
responsibilities, but only that portion of such costs that
are attributable exclusively to such responsibilities; and
(B) responding to individuals who contest a tentative
nonconfirmation or administratively appeal a final
nonconfirmation provided with respect to employment
eligibility verification;
(2) provide such funds annually in advance of the
applicable quarter based on an estimating methodology agreed
to by the Commissioner and the Secretary (except in such
instances where the delayed enactment of an annual
appropriation may preclude such quarterly payments); and
(3) require an annual accounting and reconciliation of the
actual costs incurred and the funds provided under the
agreement, which shall be reviewed by the Inspectors General
of the Social Security Administration and the Department of
Homeland Security.
(b) Continuation of Employment Verification in Absence of
Timely Agreement.--In any case in which the agreement
required under subsection (a) for any fiscal year beginning
on or after October 1, 2021, has not been reached as of
October 1 of such fiscal year, the latest agreement described
in such subsection shall be deemed in effect on an interim
basis for such fiscal year until such time as an agreement
required under subsection (a) is subsequently reached, except
that the terms of such interim agreement shall be modified to
adjust for inflation and any increase or decrease in the
volume of requests under the employment eligibility
verification system. In any case in which an interim
agreement applies for any fiscal year under this subsection,
the Commissioner and the Secretary shall, not later than
October 1 of such fiscal year, notify the Committee on Ways
and Means, the Committee on the Judiciary, and the Committee
on Appropriations of the House of Representatives and the
Committee on Finance, the Committee on the Judiciary, and the
Committee on Appropriations of the Senate of the failure to
reach the agreement required under subsection (a) for such
fiscal year. Until such time as the agreement required under
subsection (a) has been reached for such fiscal year, the
Commissioner and the Secretary shall, not later than the end
of each 90-day period after October 1 of such fiscal year,
notify such Committees of the status of negotiations between
the Commissioner and the Secretary in order to reach such an
agreement.
SEC. 307. REPORT ON THE IMPLEMENTATION OF THE ELECTRONIC
EMPLOYMENT VERIFICATION SYSTEM.
Not later than 24 months after the date on which final
rules are published under section 309(a), and annually
thereafter, the Secretary shall submit to Congress a report
that includes the following:
(1) An assessment of the accuracy rates of the responses of
the electronic employment verification system established
under section 274E of the Immigration and Nationality Act, as
inserted by section 301 of this Act (referred to in this
section as the ``System''), including tentative and final
nonconfirmation notices issued to employment-authorized
individuals and confirmation notices issued to individuals
who are not employment-authorized.
(2) An assessment of any challenges faced by persons or
entities (including small employers) in utilizing the System.
(3) An assessment of any challenges faced by employment-
authorized individuals who are issued tentative or final
nonconfirmation notices.
(4) An assessment of the incidence of unfair immigration-
related employment practices, as described in section 274E(g)
of the Immigration and Nationality Act, as inserted by
section 301 of this Act, related to the use of the System.
(5) An assessment of the photo matching and other identity
authentication tools, as described in section 274E(a)(4) of
the Immigration and Nationality Act, as inserted by section
301 of this Act, including--
(A) an assessment of the accuracy rates of such tools;
(B) an assessment of the effectiveness of such tools at
preventing identity fraud and other misuse of identifying
information;
(C) an assessment of any challenges faced by persons,
entities, or individuals utilizing such tools; and
(D) an assessment of operation and maintenance costs
associated with such tools.
(6) A summary of the activities and findings of the U.S.
Citizenship and Immigrations Services E-Verify Monitoring and
Compliance Branch, or any successor office, including--
(A) the number, types and outcomes of audits,
investigations, and other compliance activities initiated by
the Branch in the previous year;
(B) the capacity of the Branch to detect and prevent
violations of section 274E(g) of the Immigration and
Nationality Act, as inserted by this Act; and
(C) an assessment of the degree to which persons and
entities misuse the System, including--
(i) use of the System before an individual's date of hire;
(ii) failure to provide required notifications to
individuals;
(iii) use of the System to interfere with or otherwise
impede individuals' assertions of their rights under other
laws; and
(iv) use of the System for unauthorized purposes; and
(7) An assessment of the impact of implementation of the
System in the agricultural industry and the use of the
verification system in agricultural industry hiring and
business practices.
SEC. 308. MODERNIZING AND STREAMLINING THE EMPLOYMENT
ELIGIBILITY VERIFICATION PROCESS.
Not later than 12 months after the date of the enactment of
this Act, the Secretary, in consultation with the
Commissioner, shall submit to Congress a plan to modernize
and streamline the employment eligibility verification
process that shall include--
(1) procedures to allow persons and entities to verify the
identity and employment authorization of newly hired
individuals where the in-person, physical examination of
identity and employment authorization documents is not
practicable;
(2) a proposal to create a simplified employment
verification process that allows employers that utilize the
employment eligibility verification system established under
section 274E of the Immigration and Nationality Act, as
inserted by section 301 of this Act, to verify the identity
and employment authorization of individuals without also
having to complete and retain Form I-9, Employment
Eligibility Verification, or any subsequent replacement form;
and
(3) any other proposal that the Secretary determines would
simplify the employment eligibility verification process
without compromising the integrity or security of the system.
SEC. 309. RULEMAKING AND PAPERWORK REDUCTION ACT.
(a) In General.--Not later than 180 days prior to the end
of the application period defined in section 101(c) of this
Act, the Secretary shall publish in the Federal Register
proposed rules implementing this title and the amendments
made by this title. The Secretary shall finalize such rules
not later than 180 days after the date of publication.
(b) Paperwork Reduction Act.--
(1) In general.--The requirements under chapter 35 of title
44, United States Code, (commonly known as the ``Paperwork
Reduction
[[Page H1549]]
Act'') shall apply to any action to implement this title or
the amendments made by this title.
(2) Electronic forms.--All forms designated or established
by the Secretary that are necessary to implement this title
and the amendments made by this title shall be made available
in paper and electronic formats, and shall be designed in
such a manner to facilitate electronic completion, storage,
and transmittal.
(3) Limitation on use of forms.--All forms designated or
established by the Secretary that are necessary to implement
this title, and the amendments made by this title, and any
information contained in or appended to such forms, may not
be used for purposes other than for enforcement of this Act
and any other provision of Federal criminal law.
The SPEAKER pro tempore. The bill, as amended, shall be debatable for
1 hour, equally divided and controlled by the chair and ranking
minority member of the Committee on the Judiciary or their respective
designees.
The gentleman from New York (Mr. Nadler) and the gentleman from Ohio
(Mr. Jordan) each will control 30 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. NADLER. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on H.R. 1603.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. NADLER. Madam Speaker, I yield myself 2\1/2\ minutes.
Madam Speaker, H.R. 1603, the Farm Workforce Modernization Act of
2021 addresses an issue of critical national importance: the growing
labor challenges that are damaging the American agriculture sector.
Solving this issue is paramount to the sustainability of American
farming. It is also a matter of food security, and thus, national
security. As domestic food outputs decline, we have become more
dependent on food imports and more vulnerable to food contamination.
The COVID-19 pandemic exposed these vulnerabilities as travel
restrictions impacted our food supply chain, and over 500,000
farmworkers tested positive for the virus.
With fewer U.S. workers turning to agricultural work as their chosen
pursuit, most of today's hired farm laborers are foreign-born.
Unfortunately, our immigration laws have not been updated to reflect
the needs of our 21st century economy.
As a result of these outdated laws, undocumented workers now comprise
about half of the U.S. workforce. But they are living and working in a
state of uncertainty and fear, which contributes to the destabilization
of farms across the Nation.
H.R. 1603, the Farm Workforce Modernization Act, addresses these
challenges head on. The bill provides temporary status to current
farmworkers with an optional path to a green card for those who
continue to work in agriculture. The bill also addresses the Nation's
future labor needs by modernizing the H-2A temporary visa program,
while ensuring fair wages and workplace conditions for all farmworkers.
This is a bipartisan, balanced solution, one that we should all be
able to get behind. It is a victory for farmers who have struggled with
persistent labor shortages for decades.
It is also a victory for farmworkers who have worked tirelessly in
the field growing and harvesting food without proper labor protections
or any guarantee that they can remain in this country. No acceptable
solution can fail to deal with this reality. That is why H.R. 1603 is
the right solution.
Madam Speaker, I hope my colleagues will vote today in favor of
providing a seat at America's table for those who have long grown the
food we serve on it.
Madam Speaker, I thank my friend and colleague, Ms. Lofgren of
California, the chair of the Immigration Subcommittee, for her
leadership and steadfast commitment to the bipartisan process that led
to today's vote on the Farm Workforce Modernization Act.
Madam Speaker, I urge all my colleagues to support our farmers and
our farmworkers by supporting this bill, and I reserve the balance of
my time.
{time} 1430
Mr. JORDAN. Madam Speaker, I yield 3 minutes to the gentleman from
California (Mr. McClintock), the ranking member of the Immigration and
Citizenship Subcommittee.
Mr. McCLINTOCK. Madam Speaker, it was no accident that when we
finally won control of the border and cut the flow of low-wage labor,
Americans saw the strongest wage growth in 40 years, the lowest
unemployment rate in 50 years, and the lowest poverty rate in 60 years.
For the first time in decades, the wage gap between rich and poor
narrowed.
Now, this bill extends amnesty, green cards, and a path to
citizenship to somewhere between 1 and 2\1/2\ million illegal
immigrants now working in agriculture and their families in a manner
that will depress wages, not just in agriculture, but in every field of
the economy for years to come.
Madam Speaker, if you obeyed the law and came here legally to work,
then you cannot qualify as a certified agricultural worker. You must
have come here illegally, and you must have worked here illegally for
at least 1,035 hours in the last 2 years. That is about 13 40-hour
workweeks a year. You get legal status for yourself and your family for
the next 5\1/2\ years. You can get indefinite extensions as long as you
work in agriculture 575 hours or about 14 weeks a year. If you do this
for between 4 and 8 years and you get a green card, then your family
gets green cards and you are on a 5-year path to citizenship. The green
cards give you the right to work in direct competition with American
workers in any sector of the economy.
Madam Speaker, let me emphasize that if you came here legally and
worked the same hours, then you are out of luck. If you obeyed the
laws, well, you are just a schmuck.
It utterly escapes me how America's working families are helped by
flooding the labor market with millions of low-wage workers under this
program. As these workers get green cards, they are sure to move from
agriculture to high-paying jobs, ensuring a continuous need for new
agricultural workers to replace them.
Between the two immigration bills today, somewhere north of 4 million
illegal immigrants will qualify for amnesty, legal employment, and a
path to citizenship as a reward for breaking our laws.
Is it any wonder that our Border Patrol is now completely overwhelmed
as millions of economic refugees rush our border in expectation of the
same rewards?
This bill would bring a tragic end to the blue-collar economic boom
that President Trump proudly announced on this floor just a year ago.
Here is the real tragedy: During the Trump blue-collar boom, the
poorest Americans were making the greatest gains, and it is precisely
these American families who will be the most harmed by these amnesty
bills.
Trump had their back. Biden is on their backs.
Mr. NADLER. Madam Speaker, I yield 3 minutes to the distinguished
gentlewoman from California (Ms. Lofgren).
Ms. LOFGREN. Madam Speaker, our country has come through a pandemic,
and many of us have suffered, but there is one thing that we can be
grateful for, and that is that the food chain was never disrupted.
Throughout the pandemic, we could go to the grocery store and there
would be food in that store. For that, we need to thank the farmers of
this country. But we also need to thank the farmworkers of this
country, a majority of whom are undocumented and a majority of whom
have been here more than 10 years.
What this bill does and how it was formed is important. I want to
thank Representatives Dan Newhouse, Mike Simpson, Doug LaMalfa, and
many others on the Republican side of the aisle. I worked with Jim
Costa, Jimmy Panetta, and many others to try to see if we could come
together to come up with solutions for the challenges that we face in
farm country.
We pulled together growers and the farmworkers union to talk together
for solutions. It took us almost a year of growers and the farmworkers
union, and Republicans and Democrats, sitting around a table to come up
with this bill.
It has basically three provisions.
The first recognizes that we have had undocumented farmworkers in our
[[Page H1550]]
fields for decades. It allows them to get a certified agricultural
worker card so that they can work without fear. That is a temporary
worker status. They can renew it, travel, pay taxes, and continue
forever in that status. After working for a long period of time, they
and their families have the option of applying for legal permanent
residence if they choose.
The second provision streamlines an existing program, the H-2A
program, so that we will have a legal supply of farmworkers in the
future. Both labor and employers agreed to those streamlines.
The final provision says that if we have a system that works, then we
need to enforce that system. We are going to have the E-Verify system
used in agriculture after this bill is fully implemented.
Who is in favor of this? The Arizona Nursery Association, California
Farm Bureau Federation, Georgia Milk Producers, Michigan Greenhouse
Growers Council, Minnesota Milk Producers Association, Ohio Produce
Growers Marketing Association, Texas Association of Dairymen, and
hundreds of other growers.
Madam Speaker, I include in the Record a list of Farmers and
Producers Associations supporting H.R. 1603.
[From the House Committee on the Judiciary]
Over 250 Farmers and Producers Associations Support H.R. 1603
African-American Farmers of California; Ag Valley
Cooperative, Non-Stock; AgCountry Farm Credit Services;
Agribusiness Henderson County (NC); Agricultural Council of
California; Agri-Mark, Inc.; Alabama Farmers Cooperative,
Inc.; Alabama Nursery and Landscape Association; Almond
Alliance; Amalgamated Sugar Company; American AgCredit;
American AgriWomen; American Beekeeping Federation; American
Honey Producers Association; American Mushroom Institute;
American Pistachio Growers; American Seed Trade Association;
American Sheep Industry Association (ASI); AmericanHort;
Arizona Dairy Producers Trade Association; Arizona Nursery
Association; Associated Milk Producers Inc.; Aurora Organic
Dairy; Bluebird Bonanza Farms; Bongards' Creameries;
CalChamber.
California Apple Commission; California Association of Food
Banks; California Association of Wheat Growers; California
Avocado Commission; California Blueberry Association;
California Blueberry Commission; California Canning Peach
Association; California Cherry Growers and Industry
Association; California Citrus Mutual; California Dairies,
Inc.; California Date Commission; California Dried Plum
Board; California Farm Bureau Federation; California Fig
Advisory Board; California Fresh Fruit Association;
California Pear Growers Association; California Seed
Association; California State Floral Association; California
Strawberry Commission; California Sweet Potato Council;
California Tomato Growers Association; California Walnut
Commission; California Warehouse Association.
California Women for Agriculture; Cayuga Milk Ingredients;
Center for Dairy Excellence (Pennsylvania); Central Valley Ag
Coop; Certified American Grown; Chobani; CHS Inc.; Co-
Alliance Cooperative, Inc.; CoBank; Colorado Dairy Farmers;
Colorado Nursery and Greenhouse Association; Colorado Potato
Legislative Association; Cooperative Milk Producers
Association; Cooperative Producers, Inc.; Costa Farms; Dairy
Farmers of America, Inc.; Dairy Producers of New Mexico;
Dairy Producers of Utah; Edge Dairy Farmer Cooperative;
Ellsworth Cooperative Creamery; Empire State Potato Growers;
Far West Agribusiness Association; Farm Credit East; Farmers
Cooperative.
FarmFirst Dairy Cooperative; Federation of Employers and
Workers of America; First District Association; Florida Agri-
Women; Florida Citrus Mutual; Florida Fruit and Vegetable
Association; Florida Nursery, Growers and Landscape
Association; Florida Strawberry Growers Association; Florida
Tomato Exchange; Food Northwest; Food Producers of Idaho;
Foremost Farms USA; Frenchman Valley Farmers Cooperative
Inc.; Fresh Harvest/Steve Scaroni (CA); Fresno County Farm
Bureau (CA); Georgia Green Industry Association; Georgia Milk
Producers, Inc.; Georgia Urban Ag Council; Glanbia
Nutritionals; Idaho Alfalfa/Clover Seed Commission; Idaho
Alfalfa/Clover Seed Growers Association; Idaho Apple
Commission; Idaho Association of Commerce and Industry; Idaho
Bankers Association; Idaho Cattleman's Association.
Idaho Dairymen's Association; Idaho Grain Producers
Association; Idaho Grower Shippers Association; Idaho
Hispanic Chamber of Commerce; Idaho Hop Growers Association;
Idaho Horticulture Society; Idaho Milk Products; Idaho Mint
Growers Association; Idaho Nursery and Landscape Association;
Idaho Onion Growers Association; Idaho Potato Commission;
Idaho Sugarbeet Growers; Idaho-Oregon Fruit & Vegetable
Association; Illinois Green Industry Association; Indiana
Nursery and Landscape Association; Indiana Outdoor
Maintenance Alliance; International Dairy Foods Association;
Iowa Institute for Cooperatives; Iowa Nursery & Landscape
Association; Iowa State Dairy Association; Kansas Dairy
Association; Land O'Lakes, Inc.; Laurel Springs Nursery, LLC
(NC); Leitz Farms LLC/Fred Leitz (MI); Lone Star Milk
Producers; Madera County Farm Bureau (CA); Maine Landscape &
Nursery Association; Maine Potato Board.
Maryland & Virginia Milk Producers Cooperative Association;
Maryland Nursery, Landscape, and Greenhouse Association,
Inc.; Massachusetts Nursery and Landscape Association, Inc.;
MBG Marketing; McCain USA Inc.; Michigan Apple Association;
Michigan Greenhouse Growers Council; Michigan Milk Producers
Association; Michigan Nursery and Landscape Association; Mid
Kansas Cooperative; Midwest Apple Improvement Association;
Midwest Dairy Coalition; Milk Producers Council; Milk
Producers of Idaho; Minnesota Milk Producers Association;
Minnesota Nursery & Landscape Association; Missouri Green
Industry Alliance; Montana Nursery and Landscape Association;
Monterey County Farm Bureau (CA); Mount Joy Farmers
Cooperative Association; Napa Vinters Association; National
All-Jersey Inc.; National Council of Agricultural Employers;
National Council of Farmer Cooperatives; National Farmers
Union; National Grange; National Milk Producers Federation.
National Onion Association; National Potato Council;
National Young Farmers Coalition; Nebraska Cooperative
Council; Nebraska State Dairy Association; New England Apple
Council; New Jersey Landscape Contractors Association; New
Jersey Nursery & Landscape Association; New Mexico Chapter,
Colorado Nursery and Greenhouse Association; New York Apple
Association; New York Farm Bureau; New York State Flower
Industries; New York State Vegetable Growers Association;
Nezperce Prairie Grass Growers Association; Nisei Farmers
League; North American Blueberry Council; North Carolina
Dairy Producers Association; North Carolina Nursery &
Landscape Association; North Carolina Potato Association;
Northeast Dairy Farmers Cooperatives; Northeast Dairy
Producers Association, Inc.; Northern Family Farms LLP,
Merrillan, WI; Northern Plains Potato Growers Association;
Northwest Ag Cooperatives Council; Northwest Dairy
Association/Darigold; Northwest Horticultural Council.
Ohio Apple Marketing Program; Ohio Dairy Producers
Association; Ohio Fruit Growers Marketing Association; Ohio
Landscape Association; Ohio Nursery & Landscape Association;
Ohio Produce Growers Marketing Assocation; Oklahoma Nursery &
Landscape Association; Olive Growers Council of California;
Oneida-Madison Milk Producers Cooperative Association; Oregon
Association of Nurseries; Oregon Dairy Farmers Association;
Oregon Potato Commission; Pacific Northwest Christmas Tree
Association; PennAg Industries Association; Pennsylvania
Cooperative Potato Growers; Pennsylvania Landscape and
Nursery Association; Plant California Alliance; Potato
Growers of Michigan, Inc; Prairie Farms Dairy, Inc.;
Professional Dairy Managers of Pennsylvania; Reiter
Affiliated Companies; Rhode Island Nursery and Landscape
Association; San Diego County Farm Bureau (CA); Scioto
Cooperative Milk Producers' Association; Select Milk
Producers, Inc.; Simplot; South Dakota Association of
Cooperatives; South Dakota Dairy Producers; Southeast Milk
Inc.; Southern States Cooperative; Stanislaus County Farm
Bureau (CA).
Sunkist Growers, Inc.; Sunmaid Growers of California;
Sunsweet Growers Inc.; Tennessee Farmers Cooperative; Texas
Agricultural Cooperative Council; Texas Association of
Dairymen; Texas Citrus Mutual; Texas Nursery & Landscape
Association; Tillamook County Creamery Association; Tree Top;
Tulare County Farm Bureau (CA); Turfgrass Producers
International; U.S. Apple Association; U.S. Durum Growers
Association; United Dairymen of Arizona; United Fresh Produce
Association; United Potato Growers of America; Upstate
Niagara Cooperative, Inc.; Utah Apple Marketing Board; Utah
Horticulture Association; Utah Nursery & Landscape
Association; Utah Tart Cherry Marketing Board.
Valley Fig Growers; Valley Vision (CA); Ventura County
Agricultural Association (CA); Vermont Dairy Producers
Alliance; Virginia Apple Growers Association; Virginia
Nursery & Landscape Association; Virginia State Dairymen's
Association; Washington Growers League; Washington State
Dairy Federation; Washington State Nursery & Landscape
Association; Washington State Potato Commission; Washington
State Tree Fruit Association; West Virginia Nursery &
Landscape Association; Western Growers Association; Western
Plant Health Association; Western States Dairy Producers
Association; Western United Dairies; Wine Institute;
WineAmerica; Wisconsin Landscape Contractors Association;
Wisconsin Potato & Vegetable Growers Association; Yuma Fresh
Vegetable Association.
Ms. LOFGREN. Madam Speaker, we have many others, including labor. We
have the National Association of Counties, United Farm Workers, Service
Employees International Union, U.S. Chamber of Commerce, and Conference
of Catholic Bishops.
Madam Speaker, I include in the Record a list of organizations
supporting H.R. 1603.
[[Page H1551]]
[From the House Committee on the Judiciary]
More Than 100 Organizations, Representing Labor Unions, Immigrants'
Rights, and Business Interests Have Expressed Their Support for H.R.
1603
Labor Unions and Immigrant Rights Advocates
United Farm Workers (UFW); UFW Foundation; Farmworker
Justice; African Communities Together; America's Voice;
American Immigration Lawyers Association; Association of
Farmworker Opportunity Programs; Bend the Arc: Jewish Action;
Bipartisan Policy Center Action; Bridges Faith Initiative;
Carbondale Branch NAACP; CASA; Center for American Progress;
Center for Law and Social Policy (CLASP); Central American
Resource Center of Northern CA--CARECEN SF; Centro de los
Derechos del Migrante, Inc.; Child Labor Coalition;
Children's Defense Fund; Church World Service; El Colectivo
NC; Faith in Public Life; Farmworker and Landscaper Advocacy
Project--FLAP--FWD.us; Greater New York Labor-Religion
Coalition; Health Outreach Partners; Hispanic Federation;
Immigrant Worker Project--Centro San Jose; Immigration Hub.
Justice for Migrant Women; Justice in Motion; La Union del
Pueblo Entero; Latino Service Center; Leadership Conference
of Women Religious; Legal Aid Society of Metropolitan Family
Services; LIUNA; LULAC; MI Familia Vota; Migrant Legal Aid
(Michigan); MomsRising/MamasConPoder; NAACP; National
Consumers League; National Domestic Workers Alliance;
National Immigration Forum; NC Justice Center; NETWORK Lobby
For Catholic Social Justice; New American Economy; Ohio
Immigrant Alliance; Oxfam America; PCUN; Service Employees
International Union (SEIU); The Advocates for Human Rights;
The Foundation for Farmworkers; The LIBRE Initiative; U.S.
Hispanic Leadership Institute; UndocuBlack Network; USHLI.
Business, Community, and Other Organizations
Americans for Prosperity; National Association of Counties
(NACo); National Association of State Departments of
Agriculture (NASDA); National Education Association (NEA);
Maryland Pesticide Education Network; PhDTrekkers; Rochelle
Township High School; South Central Idaho Hispanic Chamber of
Commerce; Union for Reform Judaism; U.S. Chamber of Commerce;
U.S. Conference of Catholic Bishops; U.S. Hispanic Chamber of
Commerce.
Ms. LOFGREN. Madam Speaker, I ask that we come together and pass this
bill. America will be stronger and better if we do.
Mr. JORDAN. Madam Speaker, I yield the balance of my time to the
gentleman from California (Mr. McClintock) to control the remainder of
the time.
The SPEAKER pro tempore. The gentleman from California will control
the time.
Mr. McCLINTOCK. Madam Speaker, I yield 3 minutes to the gentleman
from Arizona (Mr. Biggs).
Mr. BIGGS. Madam Speaker, while the Biden inhumane border crisis
rages on the southern border, we are here today, once again, debating
amnesty for illegal aliens.
Promising amnesty to those who are already here illegally encourages
more aliens to come illegally. All data for the last 35 years shows
that there is this correlative relationship.
Instead of voting on amnesty, we should be voting on real reforms to
close loopholes and remove incentives for aliens to come here
illegally. That is why I reintroduced the Fund and Complete the Border
Wall Act earlier this year and introduced the Stopping Border Surges
Act earlier this week. These bills include real reforms that will have
real impacts.
The Stopping Border Surges Act fixes problems caused by the Flores
settlement agreement that prevents DHS from detaining family units for
more than 20 days, ensures that unaccompanied alien children are
quickly and safely returned home, and promotes increased integrity in
the asylum system.
This bill, however, will actually cause more problems than it will
solve. It has serious flaws that will lead to fraud and abuse.
This bill gives the Secretary broad authority to waive grounds of
inadmissibility for humanitarian purposes, family unity, or because the
waiver is otherwise in the public interest. What that means is that
convicted criminals will have an opportunity to gain amnesty.
This bill invites fraudulent applications because under this bill,
Madam Speaker, if you apply for amnesty, your receipt serves as your
authorization to work. All you have to do is apply for the amnesty and
you will be able to work legally. There is no way that this will not
lead to fraudulent filings.
This bill establishes grant programs that use taxpayer dollars to
help illegal aliens apply for amnesty. Instead of spending taxpayer
dollars to facilitate amnesty, we should focus on reducing the deficit.
This bill does nothing to secure the border or close loopholes in our
immigration laws that encourage illegal immigration.
Now, I address something that was said in the last debate. One of the
Representatives said that no Republican has taken her up on going to
the border. That is not accurate. When she announced that in the
Judiciary Committee, I said that I will go with you, that I want to go
with you.
We agreed I would go. Our staffs arranged it. My flight reservations
were made, and within about 3 days before going, I was told that there
is no more room for you on this trip.
So, it wasn't accurate to say that no Republican has taken her up on
it. I took her up on it.
I will tell you this, Madam Speaker, when the Speaker says the reason
to support the previous bill is that 75 percent of Americans support
amnesty, well, if you are going to rely on polling data, I would inform
you that a recent poll said that 75 percent of Americans support the
use of voter ID. Let's go ahead and fix that then if we are going to
rely on voting information to pass good policy.
Let's reinstitute voter ID, and let's vote ``no'' on this bill.
Mr. NADLER. Madam Speaker, I yield 1\1/2\ minutes to the
distinguished gentlewoman from Texas (Ms. Garcia).
Ms. GARCIA of Texas. Madam Speaker, I rise in strong support of this
bill. Agricultural workers are crucial to our economy, and this bill
would establish a legal and reliable farm workforce.
I support this bill because it recognizes the humanity--yes, the
humanity--of farmworkers and their families.
This is personal to me. I grew up poor, picking cotton in the fields
of south Texas. I can testify firsthand about the incredibly hard,
backbreaking work that farmworkers do, especially in the heat of the
south Texas sun. Not much seems to have changed since I worked in the
fields. Things pretty much still are handled about the same.
This bill is long overdue and would provide farmworkers with
important worker protections and legal rights that I never had and that
they desperately need today. Texas is home to nearly 250,000 farms, and
the need for a strong agricultural workforce is vital. It is vital to
Texas; it is vital to this country; and it is vital to this world.
Madam Speaker, I urge passage.
Mr. McCLINTOCK. Madam Speaker, I yield 3 minutes to the gentleman
from Texas (Mr. Roy).
Mr. ROY. Madam Speaker, I thank the gentleman from California for
yielding.
Madam Speaker, I hear a lot from my colleagues on the other side of
the aisle that this is not how people should be treated, whether it was
with respect to the first broader amnesty bill, with respect to the
Dreamers, or whether it is this bill with respect to farmworkers, which
is, in fact, an amnesty bill. But the fact of the matter is that nobody
on this side of the aisle and nobody I know in Texas disagrees that the
system is broken and that we need to make sure that people are treated
fairly and treated appropriately. Nobody disagrees with that.
The problem is that what we are doing is putting this bill in front
of any kind of enforcement mechanisms that will prevent the continued
abuse of human beings because we refuse to do our actual job under the
Constitution of the United States to secure our border.
We are just refusing to do it, and then we pass legislation in the
name of helping people who, yes, are stuck in a system because we
created this system because it is so badly broken. You then create the
magnet, Madam Speaker, that empowers cartels and continues the vicious
cycle.
Today, when this passes off the floor, there will be a lot of
backslapping and congratulations: Isn't this great, isn't this awesome,
and aren't we so proud of ourselves for what we are doing for these
immigrants, these workers?
But we are not doing a darn thing to actually fix the system that
prevents the flow, prevents the danger, prevents the cartels, prevents
the abuses, and
[[Page H1552]]
prevents essentially the indentured servitude that this bill would
actually create for the farmworkers in question, leaving them stuck
with Band-Aids of having to work certain hours as farmworkers,
continuing the process, by the way, while we continue to encourage sex
trafficking, human trafficking, crimes, violations, and children being
abused.
As I said before, as we sit here in this august body--not actually
amending, by the way, just bloviating--while we are sitting here, some
little girl is getting raped in Mexico on a journey because of the
pressure that we are causing by empowering cartels to do it. That is
occurring, and we are just whistling, and we are just sitting here,
burying our head in the sand.
Like I said, go give the press conferences and go pat ourselves on
the back as a body for being pro-immigrant. How is it pro-immigrant to
have wide-open borders being exploited by cartels, wide-open borders
with narcotics coming across, and wide-open borders with human beings
coming across it?
By the way, when the media says this Biden crisis has ended, if they
ever acknowledge it exists, it will be because numbers are going down
in facilities because catching and releasing is going up. That is what
is going to occur.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. McCLINTOCK. Madam Speaker, I yield the gentleman from Texas an
additional 30 seconds.
Mr. ROY. Madam Speaker, that is what is going to occur. My fellow
citizens back home in Texas and Americans, when those numbers go down
in facilities, don't kid yourselves; illegal immigration will continue.
They will be catching and releasing illegal immigrants. They will be
dropping numbers down at facilities. They will close the FEMA facility
in Midland. We will have as much illegal immigration as we have right
now, and the other side will claim: Oh, the crisis is going down.
That is what is coming at us. And today, we are passing amnesty
instead of securing the border of the United States.
{time} 1445
Mr. NADLER. Madam Speaker, I yield 1\1/2\ minutes to the gentleman
from Arizona (Mr. Stanton).
Mr. STANTON. Madam Speaker, I thank Chairman Nadler and Chairwoman
Lofgren for their incredible leadership on this important bill.
I rise in support of the Farm Workforce Modernization Act, a
bipartisan bill that will improve the H-2A agricultural visa program to
make it easier for Arizona farmers to meet their workforce needs while
also providing a path for agricultural workers to earn legal status.
Throughout this pandemic, farmworkers have been on the front lines
playing a critical role in feeding America's families. They deserve the
opportunity to take steps toward legal status in this country. It is
the right thing to do for them and it is the right thing to do to
advance our farm industry.
This bill is good for Arizona's economy--Arizona, the birth place of
Cesar Chavez--where agribusiness is a $23 billion-a-year industry. Our
State's crops cannot be left to rot in the ground because we lack
access to a stable workforce.
Passing this bill today brings us one step closer to ensuring that
farmers have the stable workforce they need and that farmworkers are
recognized for all the work they do for us every day.
Mr. McCLINTOCK. Madam Speaker, I yield 2\1/2\ minutes to the
gentleman from Georgia (Mr. Hice).
Mr. HICE of Georgia. Madam Speaker, I thank the gentleman from
California for yielding.
It is stunning to me that we are still wrestling through these type
of issues. We have been watching over the last few months one radical
piece of legislation after another and our country is beginning to
suffer. We are watching gas prices go up, skyrocketing. We are still
shutting businesses down. We are still seeing schools closed. We are
watching our energy independence be reversed.
Madam Speaker, it is one horrible bill, one horrible policy after
another. And now we are watching a catastrophe on our southern border,
and my friends on the other side of the aisle appear to not care what
is happening at the southern border.
We haven't honestly called it for what it is: a disaster.
We are not willing to look at the national security issues of it. We
are not willing to look at the danger that is occurring, the cartels,
the human trafficking, the drug trafficking, the criminals who,
perhaps, are coming across our border, the terrorists who may be coming
across our border.
And now what are we doing?
We are looking at another outrageous piece of legislation that says:
if you come work on a farm, we are going to give you amnesty. It
doesn't matter what your background. It doesn't matter who you are.
At the same time, we even have here around Capitol Hill fences
guarding us, guarding the American people from the people's House, but
we are going to open up our borders for who knows who to come marching
through.
Now we have a piece of legislation that says: just come work on a
farm and we are going to give you amnesty.
Madam Speaker, 1.5 million people are going to become citizens for
working minimal time on farms.
This is going to shield criminals. They are just going to come across
the border, claim amnesty, come work on a farm, and before long, they
are legal citizens here.
We don't know who these people are. We don't know what their
intentions are, but we are going to grant them amnesty through this
bill. It is nonsense. It is frightening. It is irresponsible. It is
endangering American lives. It is encouraging even more disaster and
danger on our southern border.
It makes absolutely zero sense for us to proceed with this type of
irresponsible legislation, and I urge my colleagues to vote against
this.
Mr. NADLER. Madam Speaker, I yield 1\1/2\ minutes to the
distinguished gentlewoman from Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Madam Speaker, as I stood on the floor of the House
for H.R. 6, this is not amnesty. I thank the gentlewoman from
California (Ms. Lofgren) for her leadership, and Mr. Nadler as well.
Madam Speaker, let me explain to you that under the American Dream
and Promise Act, which immigrants are eligible for, they would have
43,500 homes and $340 million in mortgage payments.
Today, I rise in support of H.R. 1603 because this would allow
farmworkers, agricultural workers, to be able to gain legal status and
to be able to seek a certified agricultural worker status.
Dr. Ruiz, our colleague, indicated that he was raised by farmworkers.
He saw the bent hands, the bent banks, and the broken hands, and he saw
the patriotism. This is not amnesty. I will tell you what it is not. It
is not the Trump policy of caging children in cages. It is not the
Trump policy of turning young 11-year-olds back across the border to be
raped.
I hope my colleagues who are talking about abortion and talking about
rape voted for the Violence Again Women Act to really protect immigrant
women.
I rise to support this legislation because it will provide dignity,
opportunity for an enhanced economic engine, as the farmworkers take
certified status because they can do it over and over again.
Where is the bread on our table coming from?
The hardworking farmworkers who are out there every day in these
fields working to provide for the American people and the people around
the world.
We are the breadbasket of the world and, because of their work, we
are able to feed many. So I rise in enthusiastic support. I wish my
colleagues would have been as enthusiastic and as angry about caging
children as they are today about us fixing the immigration system.
Madam Speaker, I ask for support of H.R. 1603.
Madam Speaker, I rise in strong support of H.R. 1603, the bipartisan
``Farm Workforce Modernization Act,'' which will stabilize the
agricultural sector and preserve our rural heritage by ensuring that
farmers can meet their labor needs well into the future.
First, the bill establishes a program for agricultural workers in the
United States (and their spouses and minor children) to earn legal
status through continued agricultural employment.
[[Page H1553]]
Specifically, the bill creates a process for farm workers to seek
Certified Agricultural Worker status, a temporary status for those who
have worked at least 180 days in agriculture over the prior 2-year
period.
Certified Agricultural Worker status can be renewed indefinitely with
continued farm work (at least 100 days per year).
Applicants must undergo background checks and pass strict criminal
and national security bars.
Dependent status is available for spouses and minor children.
The bill does not require workers to do or apply for anything else in
order to stay and work in the United States.
But long-term workers who want to stay have the option of earning a
path to lawful permanent residence by paying a $1,000 fine and engaging
additional agricultural work, as follows:
1. Workers with 10 years of agricultural work prior to the date of
enactment must complete 4 additional years of such work.
2. Workers with less than 10 years of agricultural work prior to the
date of enactment must complete 8 additional years of such work.
The Farmworkers Movement in this country was started and led by a
great leader, Cesar Chavez who said:
We cannot seek achievement for ourselves and forget about
progress and prosperity for our community. Our ambitions must
be broad enough to include the aspirations and needs of
others, for their sakes and for our own.
The Texas Farm Workers Union (``TFWU'') was established by Antonio
Orendain and farmworker leaders of the Rio Grande Valley active with
the United Farm Workers (UFW) after a disagreement with UFW leadership
over direction of a melon strike in south McAllen, TX in 1975.
In August 1975, nearly ten years after he began organizing farm
workers for the United Farm Workers in the Rio Grande Valley of South
Texas.
Antonio Orendain worked for Cesar Chavez in the Chicago UFW national
grape and lettuce boycott office.
Farmworkers undertake some of the toughest jobs in America.
They have earned the opportunity to build their lives without the
fear of being uprooted from their families and their communities.
The bipartisan Farm Workforce Modernization Act empowers the economic
and physical well-being of immigrant families while providing much-
needed labor security for our nation's farms.
The agricultural industry relies on the labor of 2.4 million
farmworkers--about half of whom are undocumented.
This bill would protect thousands of families from deportation.
This is a big step in making our immigration system more humane and
more efficient.
I know the farming and agricultural communities in the state of Texas
farm and my district borders communities that farm.
What we are doing here is the right thing and attempting to reinforce
the breadbasket that the United States happens to be to the world.
I have heard the clamoring of farm workers for a very long time but I
have also heard the need for fairness and the improvement of conditions
that they are working in with adequate compensation.
This bill regularizes people who want to be regularized and who want
to contribute to helping the agricultural industry in this great
nation.
I would like to thank my Judiciary Committee colleagues on both sides
of the aisle, and in particular, Chairman Nadler and Subcommittee
Chairwoman Lofgren, for their work in shepherding this important
legislation to the floor.
I am reminded of our tenure here on the Judiciary Committee and our
record of being fair and bipartisan on immigration reform for at least
2 decades.
I urge all members to join me in voting for H.R. 1603, the Farm
Workforce Modernization Act of 2021.
Mr. McCLINTOCK. Madam Speaker, I yield myself such time as I may
consume.
I can assure the gentlewoman from Texas that we are outraged by the
fact that this administration's policies and pronouncements have
encouraged thousands upon thousands of children to be placed on that
trail of terror in the hands of Mexican criminal cartels and brought
here on the expectation of admission, an expectation that this
administration is fulfilling.
I must also assure the gentlewoman that this certainly is an amnesty
bill. It allows anyone who is here illegally, who can claim to have
worked the equivalent of 13 40-hour weeks over 2 years, legal status,
amnesty. The documentation can be as little as having a friend vouch
for them.
Ms. JACKSON LEE. Will the gentleman yield?
Mr. McCLINTOCK. Madam Speaker, I yield to the gentlewoman from Texas.
Ms. JACKSON LEE. Let me say that we can respect each other's
differences, and I thank the gentleman for explaining that. Amnesty is
not related to people working to earn their status, and that is what
this bill does, just as the DACA bill does. They earn their status.
Mr. McCLINTOCK. Madam Speaker, reclaiming my time.
This only applies to illegal aliens. If you are legally here, obeying
our laws, you are out of luck with this bill. What this bill says is,
if you are here illegally and can have a friend vouch for you that you
worked 1,000 hours over the last 2 years in agriculture--again, that is
the equivalent of 13 40-hour weeks--you get legal status.
This is one of the many reasons why we are seeing this response from
around the world now flooding our southern border.
Madam Speaker, I am pleased to yield 3 minutes to the gentlewoman
from Indiana (Mrs. Spartz).
Mrs. SPARTZ. Madam Speaker, I thank the gentleman for yielding.
Madam Speaker, it is unfortunate that Congress cannot have a serious
conversation about immigration because we do actually have a real
problem. We have a real crisis at the border. It is a humanitarian
crisis, the Wild West. We are a country of laws.
We have a problem with illegal immigration. It needs to be
streamlined to better serve our national interests. We have problems
with visa processes, and we can do better.
But, unfortunately, we are passing a lot of bills that probably will
not see the light of day in the Senate, that are not going to become
legislation. We do grandstanding drama and constant rhetoric, and it is
very unfortunate for me because the American people are tired of our
institution not doing its work, because we are policymakers and we are
legislators and we have to work on policy, not on political drama.
So as a member of the Subcommittee on Immigration and Citizenship, I
encourage my colleagues to actually start working in committees on
legislation, not sending legislation from the Speaker's office to the
floor, but actually have reforms and work at it because our people
deserve it and our people deserve to have a branch that works for the
people, not having the executive and judicial branches doing our
functions.
So I hope we will have some very constructive and serious
conversation on immigration, and I would be happy to help with it, but
these piecemeal approaches are not going to work and are not good for
our country.
Mr. NADLER. Madam Speaker, I yield 2 minutes to the gentleman from
Idaho (Mr. Simpson).
Mr. SIMPSON. Madam Speaker, I thank the gentleman for yielding.
Madam Speaker, I rise today in support of the Farm Workforce
Modernization Act.
For years, my constituents have been asking me to fix our Nation's
broken immigration system. They have told me that the shortage of legal
workers in agriculture is wreaking havoc on our farmers in rural
communities.
That is why I joined with my good friends, Representatives Newhouse,
Diaz-Balart, and LaMalfa to come up with a bipartisan solution to this
problem. Along with Chairwoman Lofgren and other Democratic colleagues,
we crafted a bill to create a merit-based agricultural immigration
system for our Nation's food producers, and make much-needed reforms in
the H-2A program.
But don't just take my word for it. There are over 250 agricultural
industry groups from all across America that have written to Congress
to support this bill. From potatoes and dairy in my district to citrus
and strawberries in Florida and California, growers agree that this
bill is good for agriculture and good for our country.
But I want to take a moment to address the current situation on our
southern border. What is happening there is a crisis and we must
address it. We all realize that. Unfortunately, years of congressional
inaction has made ``immigration'' a toxic word. This bill is not about
what is happening on the border, but that seems to be what all of the
debate is about--
[[Page H1554]]
what is happening at the southern border.
This bill is not amnesty. It does not grant anybody amnesty. It
allows individuals to get right with the law and to become part of the
legal workforce in the United States. It is about providing a stable
legal workforce for the people who put food on our tables.
This isn't a perfect bill. No one would agree that it is. But it is a
very good compromise that actually gives us a chance to solve a real
problem for our constituents. That is why I came to Congress, to do
those things, and I urge my colleagues to support this legislation.
Mr. McCLINTOCK. Madam Speaker, no one disputes that this bill is a
huge windfall to big agriculture. The problem is that it comes at the
expense of American workers.
Madam Speaker, I reserve the balance of my time.
Mr. NADLER. Madam Speaker, I yield 1\1/2\ minutes to the
distinguished gentlewoman from Texas (Ms. Escobar).
Ms. ESCOBAR. Madam Speaker, I thank the chairman for yielding.
I will be very clear, Madam Speaker. Farmworkers do back-breaking
work under the scorching sun or unbearable cold to make sure that all
of us have food on our table. Whether they are sick, feeling well,
whether they have family members who are not feeling well, they go to
work to make sure we have what we need, even, and almost especially,
during the era of COVID.
It is incredible that anyone would stand in the way of having these
incredible people finally have a pathway to legalization.
The Farm Workforce Modernization Act is a piece of legislation that
is long overdue. I have one thing to say to those who would oppose
legislation for this population, even though they benefit from the
labor of this population: ``they don't have shame,'' ``no tienen
verguenza.''
Mr. McCLINTOCK. Madam Speaker, I yield 4 minutes to the gentleman
from Wisconsin (Mr. Tiffany).
Mr. TIFFANY. Madam Speaker, while chaos reigns on the border, we have
another Democrat jam job before us today.
I would turn to the committee ranking member, the gentleman from
California (Mr. McClintock), for a colloquy.
Did the gentleman see these bills in the committee?
Mr. McCLINTOCK. Will the gentleman yield?
Mr. TIFFANY. Madam Speaker, I yield to the gentleman from California.
Mr. McCLINTOCK. Not this session, no.
Mr. TIFFANY. Madam Speaker, reclaiming my time.
These bills did not come before this committee. For someone like
myself, who has just joined the committee, I did not even have a chance
to be able to partake in this bill.
I wanted to express concerns especially about the H-2A provision in
this bill because I am familiar--there is a parallel to the J-1 visas
that we use in northern Wisconsin in the resort area. They are
temporary visas. And what we found over the years as employers is that
people would figure out how to use the J-1 visa to get into the
country, and then go job shopping from there.
The H-2A is susceptible to the same thing. And due to lax
enforcement, we could all live with it if there was good enforcement in
America, but there is not good enforcement of our laws here in the
United States.
So let's cut to the chase here. The gentleman from California touched
on this very well. These bills devalue American workers' labor.
In 2019, the greatest increase in wages for people who are in the
lower income brackets happened, the greatest increases in decades.
I just say to all of those working-class Americans out there: Make no
mistake, these bills today are another clear message that you are
viewed as replaceable.
{time} 1500
Mr. NADLER. Madam Speaker, I yield 1 minute to the gentlewoman from
California (Ms. Pelosi), the distinguished Speaker of the House.
Ms. PELOSI. Madam Speaker, I salute the gentleman for the excellent
work of his committee, bringing this important legislation, H.R. 1603,
the Farm Workforce Modernization Act, to the floor. I thank the
chairman for this critical victory for farmworkers and growers, who
have come together in support of this legislation, this legislation
which ensures that America can continue to feed the world.
Thank you to Chair Zoe Lofgren, chair of the Subcommittee on
Immigration and Citizenship, for her years of relentless leadership on
behalf of farmworkers, without which this bill would not be possible. I
sang her praises earlier as a former teacher of immigration,
immigration lawyer, and chair of the Subcommittee on Immigration and
Citizenship. She knows of what she legislates.
I think that it is clear to see there are a number of Californians
involved in this. I want to salute Mr. Costa and Mr. Carbajal, who are
an important part of this. They represent farmland in California. They
know the needs of the workers. They respect the involvement of the
growers.
This, again, is a wonderful bill. We salute many Members,
representing every corner of the country, whose vision and values have
strengthened this bill that has truly been a caucus- and Congress-wide
effort.
Thank you to the United Farm Workers for their outstanding organizing
which made this possible. In addition to our work internally, their
outside mobilization is so important.
We are also inspired by the immortal words of our beloved Dolores
Huerta: ``Yes, we can,'' ``Si, se puede.'' Yes, we can; yes, we will;
and, yes, we are doing it. It was an honor last year at this time to
celebrate her 90th birthday in the Rayburn Room, the last event we had
before COVID took over. So here we are a year later. This is probably a
better celebration.
Passing the Farm Workforce Modernization Act and doing so on a
bipartisan basis was a source of pride in the last Congress, and it is
now. With a Democratic majority in the Senate and President Biden in
the White House, when we pass it again, it is with better assurance
that it will become law.
The bill honors the millions of farmworkers who are the backbone of
our economy, quietly persevering through harsh working conditions and
low wages as they power the farm economy and put food on our tables.
As the U.S. Conference of Catholic Bishops has written:
Recognizing the dignity of work of farmworkers and their
families is a central concern.
Farmworkers produce the food that we eat and contribute to
the care of our community.
This legislation, while long overdue, is urgently needed now, in
light of the coronavirus crisis, which is forcing our essential
farmworkers to live and work under a cloud of fear and uncertainty
about their health and their jobs.
At the same time, the pandemic has accelerated a labor crisis in the
farm economy that endangers farmers and producers and requires action.
This action today is an agreement between the growers and the
farmworkers.
This legislation supports workers and the farm economy with strong,
smart reforms.
This bill provides a path to legalization for more than one million
currently undocumented farmworkers. No one who works to feed our
country should be condemned to permanent second-class status.
This bill establishes the agricultural workforce of the future by
modernizing the H-2A initiative to ensure that farms have stable,
secure workforces.
Critically, it demands fair, humane treatment for farmworkers by
securing fairness in pay, improving access to quality housing, and
ensuring robust safety and heat illness protections.
Any of us who have visited farmworkers in the fields--and some of our
Members have been farmworkers themselves or children of farmworkers--
know the environment, the heat, the chemicals, and the rest, are a
challenge.
This legislation is a critical step forward for our workers, for our
growers, and the farm economy, but our work is not done.
Congress will continue to stabilize the farm economy, protect workers
and families, and maintain America's agricultural preeminence in the
world.
Under the leadership of President Biden, we will continue our work to
fundamentally, fully fix our broken immigration system so that we can
honor
[[Page H1555]]
America's proud immigrant heritage and advance a better future for all.
Earlier, I quoted President Reagan. I want to do so again more fully.
Earlier, when I spoke on the floor about Dreamers, I did so for 8 hours
and 6 minutes. I promised earlier today to be shorter, and so I didn't
give as much of President Reagan's speech.
This is what he said: ``And since this is the last speech that I will
give as President, I think it's fitting to leave one final thought, an
observation about a country which I love.''
He went on to talk about the Statue of Liberty, Madam Speaker. He
said: ``The torch of Lady Liberty symbolizes our freedom and represents
our heritage, the compact with our parents, our grandparents, and our
ancestors. It is that lady who gives us our great and special place in
the world. For it's the great life force of each generation of new
Americans that guarantees that America's triumph shall continue
unsurpassed into the next century and beyond. Other countries may seek
to compete with us; but in one vital area, as a beacon of freedom and
opportunity that draws the people of the world, no country on Earth
comes close.''
As I said earlier, he said: ``This, I believe, is one of the most
important sources of America's greatness. We lead the world because,
unique among nations, we draw our people--our strength--from every
country and every corner of the world. And by doing so we continuously
renew and enrich our Nation. While other countries cling to the stale
past, here in America we breathe life into dreams. We create the
future, and the world follows us into tomorrow. Thanks to each wave''--
President Reagan said--``Thanks to each wave of new arrivals to this
land of opportunity, we're a Nation forever young, forever bursting
with energy and new ideas, and always on the cutting edge, always
leading the world to the next frontier. This quality is vital to our
future as a Nation. If we ever closed the door to new Americans, our
leadership in the world would soon be lost.''
This being the last speech that I will give as President, President
Reagan said, ``I think it's fitting to leave one final thought, an
observation about a country which I love.''
As we remember the words of President Reagan, I also recall the words
of the late Cesar Chavez, whose birthday we celebrate later this month.
He said: ``To make a great dream come true, the first requirement is a
great capacity to dream; the second is persistence.''
Thanks to all of our bipartisan Members for their persistence on this
legislation for which I urge a strong bipartisan ``aye'' vote.
Mr. McCLINTOCK. Madam Speaker, I would remind this Speaker that Cesar
Chavez was one of the most outspoken adversaries to illegal
immigration, precisely because he knew what that did to depress the
wages of the legal immigrants that he represented through the United
Farm Workers.
I yield 1 minute to the gentleman from Pennsylvania (Mr. Thompson),
the ranking member of the Committee on Agriculture.
Mr. THOMPSON of Pennsylvania. Madam Speaker, as Republican leader of
the House Committee on Agriculture, I have the opportunity to speak
with producers nationwide, and, overwhelmingly, they say the number one
issue facing the industry is the lack of a reliable, legal workforce.
When it comes to farm labor, our immigration system is broken and in
desperate need of repair.
The Farm Workforce Modernization Act is a step in the right
direction. I will vote ``yes'' today, but to be clear, the bill is
imperfect and must be improved before becoming law.
It will not fully address the shortage of legal agricultural workers
and may leave our farmers, ranchers, and especially our dairies, with
critical unmet needs.
I filed an amendment that would have addressed these deficiencies
that was endorsed by the American Farm Bureau Federation. Though not
made in order, I hope that amendment will serve as a starting point in
the Senate for necessary improvements.
Americans are blessed with a safe, abundant, and affordable food
supply. But how long will that food supply last if we do not have an
adequate agricultural workforce?
This may be a once-in-a-generation opportunity to reform our
immigration laws. Therefore, we must get it right.
Madam Speaker, if we fail to address the agricultural workforce, we
will have food insecurity, and that will lead to national insecurity.
Mr. NADLER. Madam Speaker, I yield 2 minutes to the gentleman from
Washington (Mr. Newhouse).
Mr. NEWHOUSE. Madam Speaker, let me be blunt: there is a crisis at
our southern border. You have heard about it from my Republican
colleagues and I over the past few days. Just this year, more than
200,000 people have illegally crossed our border, including four known
terrorists.
We must do something to stop this disturbing trend. The U.S. is a
country of law and order. We must continue working to reform our broken
immigration laws and enhance our border security.
That is exactly what this legislation will do. The Farm Workforce
Modernization Act is a truly bipartisan bill, negotiated over many
months by agriculture and labor representatives alike, to ensure those
who wish to can come to our country, abide by our laws and contribute
to our farms, ranches, and local communities.
The bill creates an employment- and merit-based program for foreign
workers to legally work in agriculture, eliminating incentives for
illegal migration and strengthening both our national security and our
national food supply chain.
This legislation streamlines our H-2A guest worker program, giving
employers more flexibility and allowing access for year-round
agriculture sectors like dairy and horticulture.
Finally, the bill phases in E-Verify. So, once these laws are in
place, we can enforce them and ensure that workers maintain a legal
work status.
Madam Speaker, I come from one of the most productive agricultural
regions in the world, where many of our crops are labor intensive. As
much as producers would prefer to hire American workers to work in
their fields, in their orchards, and in their dairies, there simply
isn't enough interest among domestic workers to get these jobs done.
For decades, Congress has attempted to pass comprehensive immigration
reform to address our agricultural workforce, but we have been
unsuccessful. This bill is the targeted, bipartisan solution our
farmers and ranchers need.
I want to thank Ms. Lofgren, Mr. Diaz-Balart, Mr. Simpson, Mr.
LaMalfa, and many others. I urge my colleagues to support this bill so
we can get it to the President's desk for America's agricultural
industry.
Mr. McCLINTOCK. I yield 1 minute to the gentleman from California
(Mr. LaMalfa).
Mr. LaMALFA. Madam Speaker, let's acknowledge the reality of what we
have right now, a big mess of a situation that hasn't been cured in
several decades.
We used to have a system of invited workers, called the bracero
program. Political battling has caused no new fix in all of this time.
Similarly, this bill allows good workers, decent people, to get right
with the law, with background checks, with restitution, and
requirements to stay right with their ag worker status.
The same bill passed this House through committee last Congress with
good bipartisan support. It has benchmarks that must be met by workers
who are already here with history in ag, not opening the floodgates to
more illegal entry and benefits. More recent entrants are required to
remain in ag work for 8 additional years to remain eligible. We have
caps in this bill to the current approximately 700,000 workers already
here, with capped ratchets if more are needed.
It establishes an E-Verify for ag, with strong biometric screening
for all these certified ag workers, something we have never had under
E-Verify.
It codifies in law many of the pieces adopted in the Trump
administration's H-2A rule, including staggered H-2A and making it much
less burdensome for farmers to get these workers, especially dairy,
which needs year-round workers and cannot have it now.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. NADLER. Madam Speaker, I yield an additional 30 seconds to the
gentleman from California (Mr. LaMalfa).
[[Page H1556]]
Mr. LaMALFA. Madam Speaker, what this bill is not is amnesty, even
though it may be dismissed as such. Americans have demonstrated they
will not step forward to do this work, not with the nonworking benefits
they can already access. Frequent anecdotes show that those that might,
frequently quit after a few days because the work is too hard, even at
dramatically increased wages.
This law does not hand out citizenship or allow anyone to cut ahead
in line to apply for it. The same goes for green cards. No express lane
for green cards, not even government benefit eligibility.
This is simply a way to get right with the law, have a capped pool of
already in-place ag workers with legal status. That is better for the
worker, the farmer, and for our system of ID'ing who is in this country
currently. It is a vast improvement over what we have now.
{time} 1515
Mr. McCLINTOCK. Madam Speaker, I would just point out, the last 30
seconds was on the time of the gentleman from New York. I reserve the
balance of my time.
Mr. NADLER. Madam Speaker, I yield 1\1/2\ minutes to the gentleman
from California (Mr. Panetta).
Mr. PANETTA. Madam Speaker, the Farm Workforce Modernization Act
would simply protect our existing farmworkers and perpetuate an
enduring farm workforce. It would do that by modernizing and
streamlining our H-2A visa system and by allowing those who are willing
to come here to stay here if they continue to work here in agriculture.
Now, this bill is a bipartisan bill. It is the right bill because it
was a negotiated bill. No, it is not the perfect bill, but it is the
necessary bill that was formulated after months and months of difficult
talks between Democrats and Republicans and farmers and farmworkers.
Now, during those discussions, unlike what we are hearing today, we
put negative politics aside and we focused on the positive policies for
the people who are part of the solution to the number one problem for
our farmers. We don't have a domestic workforce willing to do ag labor,
so farmers are reliant on immigrants to harvest their products.
That is why, if we pass this bill today and the Senate does its job
tomorrow, farmers will have a predictable and dependable workforce,
farmworkers will get the legality and the dignity that they deserve,
and we in Congress will have done our job for our agriculture and for
our Nation that both rely on immigrants for our future.
Mr. McCLINTOCK. Madam Speaker, I reserve the balance of my time.
Mr. NADLER. Madam Speaker, I yield 2 minutes to the distinguished
gentleman from California (Mr. Costa).
Mr. COSTA. Madam Speaker, I rise to support the bipartisan Farm
Workforce Modernization Act, which is an opportunity to provide
meaningful reform that we have been waiting for, for years.
This measure is supported by a bipartisan coalition that includes not
only the United Farm Workers and other labor organizations, but a
majority of farm organizations across the country. What this is really
about is an opportunity to fix a part of a broken immigration system.
I want to thank not only Chairman Nadler, but also Chairwoman Zoe
Lofgren and Dan Newhouse for the hard work that they have done to
bring this legislation to the floor, bipartisan support on both sides
of the aisle.
Let me begin with the fact that food is a national security issue. It
is a national security issue. Less than 5 percent of America's
population is directly involved in the production of food and fiber
that feeds our Nation. That partnership is between farmworkers and
farmers and dairy men and women.
I know because my family represents a third-generation family.
Farmworkers are some of the hardest working individuals you will ever
meet. I know because I worked side by side for years growing up on my
family's farm.
It is simply wrong that they be subject to living and working under a
shadow of uncertainty and fear of being deported. That is not right.
This bill is not about the border. The border has been a problem for
decades. It is not about amnesty. This is an earned basis to have legal
status in America. I have spoken with the hardworking men and women and
their young children who work to put food on America's dinner table,
and I've seen the hope in their eyes, the hope that we can pass this
legislation to provide them legal status, hope for a normal life free
of the dread of family separation that too often happens with
deportation that hangs over them every day when they go to work, hope
for a chance to change their reality and reshape their story.
This measure involves protections. It involves E-Verify. It involves
an opportunity to reform an H-2A program for a reliable workforce for
American agriculture. We owe it to the individuals who do so much for
us. I ask that you support this legislation.
Mr. McCLINTOCK. Madam Speaker, I yield 2 minutes to the gentleman
from Ohio (Mr. Davidson).
Mr. DAVIDSON. Madam Speaker, I rise in opposition to this bill.
It purports to solve an important problem for our country's ag
workforce, for our ag community, and for food security for our country,
but it exploits a bigger problem and a real emergency by creating a
gaping hole in our broken immigration system. Rather than address the
root issue with our immigration laws, it exploits them.
Frankly, I don't know how many noncitizens some of my colleagues
represent. I came here to represent American citizens. This bill
disadvantages American citizens, and it disadvantages people who follow
our admittedly broken immigration laws and come here legally, and it
rewards people who come here illegally.
It is going to exacerbate the humanitarian crisis we see at the
border instead of cure it. It is not a remedy; it is a harm. It is a
harm to American citizenship, which should be treasured. We do welcome
new Americans. We are unequaled in the world. No country welcomes more
new citizens per year than the United States of America.
We will continue to be the land of opportunity, but we can only do
that if we protect the cherished value of American citizenship.
Citizenship matters. We cannot destroy it by adopting these policies. I
plead that people oppose it.
Mr. NADLER. Madam Speaker, I yield 2 minutes to the gentleman from
California (Mr. Ruiz).
Mr. RUIZ. Madam Speaker, I and the Congressional Hispanic Caucus rise
in support of H.R. 1603, the Farm Workforce Modernization Act.
My parents were farmworkers who worked tirelessly day in and day out
with calloused hands and tired backs to give me, their children,
opportunities that they never had.
Farmworkers like my parents and like many of my constituents back
home in the Coachella Valley taught me the value of hard work,
resiliency, and taking care of one another.
Farmworkers are getting infected and dying from COVID-19 at a much
higher rate than the general public. They are literally dying to feed
you, give you the nutrients you need to prevent COVID-19 and to heal
from COVID-19.
We must protect and secure our food supply chain. We must pass the
bipartisan Farm Workforce Modernization Act to stabilize our food
supply chain and ensure that farmers can meet their future labor needs.
The Congressional Hispanic Caucus is proud to work with Chair Zoe
Lofgren and Congressman Jimmy Panetta, as well as CHC members Salud
Carbajal and Jim Costa, and other Members to get the bill signed into
law.
Mr. NADLER. Madam Speaker, I yield the balance of my time to the
gentlewoman from California (Ms. Lofgren).
The SPEAKER pro tempore. The gentlewoman from California will control
the time.
Mr. McCLINTOCK. Madam Speaker, I am pleased to yield 3 minutes to the
gentlewoman from Minnesota (Mrs. Fischbach).
Mrs. FISCHBACH. Madam Speaker, H.R. 1603 subjects H-2A employers to a
private right of action in Federal court for the first time ever in the
history of the H-2A program. The bill does so by applying the right of
action standard in the Migrant and Seasonal Agricultural Worker
Protection Act, or MSPA, to H-2A employers.
[[Page H1557]]
My motion to recommit today simply provides that when an H-2A
employer faces an H-2A-related claim under the MSPA, the employer is
provided a right to cure before the claim can proceed. Specifically,
the amendment allows the employer to attempt to resolve the alleged
violation within 5 days of receiving the complaint. The employer must
also file with the court documentation demonstrating that the action
giving rise to the complaint has been remedied. After that, the court
may dismiss the complaint if it is satisfied that the complaint has
been resolved.
Under H.R. 1603, private right of action can include actual damages
or statutory damages of up to $500 per plaintiff per violation, where
violations constitute separate provisions. Most claims involve multiple
plaintiffs and, in class action, could involve many plaintiffs who
didn't even want to be part of the claim. For class action, the court
is authorized to award the lesser of up to $500 per plaintiff per
violation or up to $500,000. In other words, liability under MSPA could
be half a million dollars.
Especially in the case of a fabricated claim or an unintended
violation, this could be financially devastating for farmers. Costs
like these to agricultural employers on top of attorneys' fees, court
fees, and awards pursuant to other claim avenues should be taken
seriously. They can be significant burdens on employers who did not
knowingly or purposefully violate H-2A requirements.
At the very least, we should allow our growers the opportunity to
remedy a potential violation before they are hit with a huge penalty.
Today's motion to recommit would do just that. If the purpose of filing
a complaint is to seek redress, then this amendment provides a
reasonable path forward.
I am sure that those whose purpose it is to subject employers to
additional claims, frivolous or otherwise, will oppose my amendment,
but those who understand the importance of helping U.S. farmers in the
face of constant and growing competition from foreign agricultural
operations without our high labor standards understand how reasonable a
right to cure is.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. McCLINTOCK. Madam Speaker, I yield an additional 1 minute to the
gentlewoman.
Mrs. FISCHBACH. Madam Speaker, my amendment would retain the ability
of H-2A workers to obtain redress, but would provide important
protection for growers, too.
Madam Speaker, if we adopt the motion to recommit, we will instruct
the Committee on the Judiciary to consider my amendment to H.R. 1603 to
provide a commonsense right to cure for our Nation's farmers, who will
be subject to burdensome litigation under this underlying bill.
Madam Speaker, I ask unanimous consent to include the text of the
amendment in the Record immediately prior to the vote on the motion to
recommit.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Minnesota?
There was no objection.
Ms. LOFGREN. Madam Speaker, may I inquire how much time remains on
both sides?
The SPEAKER pro tempore. The gentlewoman from California has 9
minutes remaining. The gentleman from California has 5\1/2\ minutes
remaining.
Ms. LOFGREN. Madam Speaker, I yield 2 minutes to the gentleman from
Texas (Mr. Cuellar).
Mr. CUELLAR. Madam Speaker, farm work is hard work. Both of my
parents, Odilia and Martin, were farmworkers. It is very hard work. It
is one of those type of jobs that is very necessary to make sure that
we bring food to the table.
I represent several areas that are rural, and my ranchers and my
farmers need an ag work program. It has to. They need it. I have always
said, if an American wants the job, let them have that job. But if they
are not going to fill that position, then we need to have a guest
worker plan, just like we did during World War II, where we did the
Bracero program. Therefore, we need to support this for our ranchers
and our farmers.
I will tell you this, it is not amnesty. What Ronald Reagan did in
1986, that was amnesty. This is not amnesty. And if you want to talk
about border security, this will help secure the border.
Let me explain. If you have people who will come into a secure system
to come work, and then they go back, then you can have Border Patrol
focus on the people who have the bad motives, the people who want to
bring in drugs, the people who want to smuggle or traffic people. So
this actually will help border security if we set this up right, like
they did in World War II.
Madam Speaker, I ask Members to support this program. It is needed by
our farmworkers. We need to do it.
Madam Speaker, I want to thank Chairwoman Zoe Lofgren and Mr. Nadler
for their work.
Mr. McCLINTOCK. Madam Speaker, may I inquire of my friend from
California if she has any additional speakers?
Ms. LOFGREN. No, I do not.
Mr. McCLINTOCK. Madam Speaker, I yield myself the balance of my time.
Just yesterday, the Secretary of Homeland Security told the Homeland
Security Committee that the border is secure. The Secretary said the
border is secure, despite saying only 1 day earlier that the Department
of Homeland Security is on pace to encounter more individuals on the
southwest border than we have in the last 20 years.
He said the border is secure, despite a 590 percent increase in the
number of family units crossing the border in the first 6 weeks of the
Biden administration.
He said the border is secure, despite Customs and Border Protection
referring over 7,300 unaccompanied alien minors to the Department of
Health and Human Services during the month of February. That is the
highest number of referrals in any February in the history of the
program.
{time} 1530
He said the border is secure despite the Biden administration's plan
to use the Dallas Convention Center to house thousands of the
unaccompanied minors who the cartels have smuggled across the border.
No matter what Secretary Mayorkas says, the fact is the border is not
secure, and it is not secure because of President Biden's dangerous
immigration policies.
We know that when foreign nationals think they can easily get into
the U.S. and be rewarded with legal status, which is what this bill
does, they flood the border.
We are watching that happen before our eyes. Aliens are flooding the
border in response to the President's rhetoric and policies and in
response to the promises of additional rewards made through bills like
this.
Talk of amnesty fuels border crossings. That is a fact.
This bill grants amnesty and a special path to U.S. citizenship to at
least 1 million farmworkers currently in the United States. I have seen
estimates that go up to 2\1/2\ million--nobody really knows--as well as
to their spouses and children.
This bill allows aliens to get green cards even if they illegally
reentered the U.S., committed immigration fraud, voted illegally in a
Federal or State election, or have two serious misdemeanor convictions.
The supporters of this bill claim that illegal aliens who get green
cards must work in agriculture. However, the bill includes broad waiver
authority that allows those who did not complete all the work
requirements because of weather conditions or COVID or if the alien was
fired, among other situations, to still get a green card.
Those legalized under this bill would, from the outset, compete
directly for jobs with Americans. Nothing in this bill prevents those
who get employment authorization during the initial process from
working in nonagricultural labor sectors. And of course, once they and
their family members get a green card, as provided under this
legislation, they are free to work wherever they want.
This bill sends a powerful message and an invitation to those who
cross our borders illegally that they can expect to be rewarded with
legal status and, ultimately, green cards and an expedited path to
citizenship.
But far worse than that, it floods our market with low-wage labor at
a time when Americans are struggling to recover from the devastating
lockdowns that have crushed the dreams of so many working families.
[[Page H1558]]
I will end as I began. The people who were most helped by the
economic expansion that we saw were working-class Americans because the
Trump administration got control of our borders and stemmed the flow of
this illegal labor.
They made the greatest gains during the expansion; they have been the
most harmed during the lockdowns; and this adds to their burdens and
woes by ensuring that the market for their skills and labor will remain
stagnant for a decade to come.
Please don't do this to those good Americans in this perilous time
for our country.
Madam Speaker, I yield back the balance of my time.
Ms. LOFGREN. Madam Speaker, I yield myself the balance of my time.
There has been a lot of rhetoric today about the border, and I think
it is important to address some of it.
First, let's get the facts straight. The uptick in apprehensions at
the southern border began in April 2020, last year, long before we knew
President Biden was even going to become the Democratic nominee, much
less the President.
During the pandemic, the Trump administration did something that
troubled me a great deal and that I objected to. They ignored the
Trafficking Victims Protection Act. That was a bipartisan bill.
Congressman Chris Smith from New Jersey was the lead on the Republican
side. I worked on it on our side along with others. It had a very
precise protocol for what to do when an unaccompanied child presented
at the border, a potential trafficking victim.
Instead of following that protocol, the prior administration would
simply take that child, an 11- or 12-year-old little girl, and turn her
back into Mexico, not knowing what would happen to her.
Now, those children who have been in squalid camps for the last year
are being addressed pursuant to the Trafficking Victims Protection Act.
It is correct that we have had more children present than we were
prepared to deal with, and there was a scramble to take care of those
children properly. But it has nothing to do with the Farm Work
Modernization Act.
I listened with some interest to the suggestion that there needs to
be a change in the Migrant and Seasonal Agricultural Worker Protection
Act provisions of this bill. Currently, H-2A employers must comply with
the H-2A program requirements, which largely meet or exceed MSPA. The
primary difference is that the DOL stands in the place of the foreign
farmworker in bringing forward cases of alleged violation of the H-2A
program.
The Fair Labor Standards Act and a number of other Federal and State
laws apply to the H-2A program, but it is worth noting that any H-2A
employer that employs one or more domestic workers who perform seasonal
or temporary agricultural work is already covered under MSPA, and that
would be close to like all employers. This bill would formally place
all employers of H-2A workers under MSPA, impacting only those who hire
no domestic employees.
The idea that there needs to be a right to cure has merit, except it
is already addressed in this bill because it requires mandatory
mediation. If there is a problem that can be fixed, it will be fixed in
the mediation system. That is quite new.
The other thing to point out is that there are no attorney's fees
provided for in the bill or in MSPA, so the idea that somehow this is a
windfall for the trial bar is simply incorrect.
There is a great Q&A truth setting in a publication called Hoard's
Dairyman, ``What the Farm Workforce Act could mean.'' I include the
article in the Record.
[From Hoard's Dairyman, Mar. 15, 2021]
What the Farm Workforce Act Could Mean
(By Bob Gray)
The Farm Workforce Modernization Act, bipartisan bill H.R.
1603, was reintroduced this week by Congresswoman Zoe Lofgren
(D-Calif.) and Congressman Dan Newhouse (R-Wash.). It could
be taken up by the full House this week.
Here are some additional details about the bill. Most of
this information came from the four Republican leads--
Representatives Dan Newhouse (R-Wash.), Mike Simpson (R-
ldaho), Mario Diaz-Balart (R-Fla.), and Doug LaMalfa (R-
Calif.). Before reading further, I want to reiterate,
however, that this is a bipartisan bill with support from
both sides of the aisle.
The Farm Workforce Modernization Act (FWMA) expands the
current H-2A seasonal worker program to include full-time,
year-round workers for dairy and other agricultural
businesses.
The bill is not perfect, but it is a very good start in
providing an extremely important piece of the legislative
reform needed by dairy farmers. Right now, as you all know,
we have no program. We have never had an immigration worker
program in the past.
When the bill goes before the House next week, you will
hear various pros and cons about it in the press. Therefore,
I thought it would be useful to include a ``Facts and Myths''
sheet about the legislation so you can fully understand its
provisions and not be misled by information that is
incorrect.
This is what the Farm Workforce Modernization Act does
Simplifies H-2A by reducing duplicative paperwork--only one
filing needed instead of three.
Bureaucracy is reduced even further for many farmers with
staggered labor needs. Farmers can file one petition for the
entire season, allowing for staggered entry of H-2A workers.
Modernizes recruitment by allowing employers to post job
openings on an online job registry. No classified ads are
required.
Reduces labor costs by freezing wages for one year and
capping wage growth thereafter. The adverse effect wage rate
is replaced in later years.
Makes available 60,000 year-round H-2A visas over the first
three years, growing annually by 12.5%. Dairy is guaranteed
at least half of these visas, and any unused visas are
available for other agriculture industries.
Stabilizes the existing workforce by giving legitimate
farmworkers a chance to get a five-year Certified Agriculture
Worker (CAW) visa to work in U.S. agriculture. As long as the
worker continues to meet minimum days in agriculture
annually, the worker can continue to work in the U.S. with
unlimited five-year renewals. CAWs can cross the border as
they need without restriction.
CAWs can earn the opportunity to apply for a green card by
paying a penalty and continuing to work in agriculture for at
least eight years. If a CAW can prove 10 years of prior work
in agriculture, they can apply for a green card after four
years.
Myths and facts
MYTH: This bill will codify wage surveys into law and
result in multiple wage classes. Under this bill, wages will
be much higher than the current Adverse Effect Wage Rate
(AEWR).
FACT: This bill provides for greater certainty and
granularity in wages. First, this bill applies a one-year
freeze of wages across all categories at the current year's
rate. After the one-year freeze, all wage rates are then
limited in any increases year over year to 3.25% with the
ability to decrease 1.5%. (Exception: If the resulting wage
is less than 110% of the federal or state minimum wage, then
the wage could increase an additional percentage point to
4.25%.) After year 10, the AEWR requirement ends, and the
Secretaries of Agriculture and Labor must develop a new wage
standard with input from stakeholders. If Congress fails to
act to control and reform AEWR, some estimates have shown
AEWR rates could rise 7% to 8% annually in the coming years.
MYTH: Adjusted workers are treated immediately as U.S.
workers, thus requiring employers to hire them. This
displaces previous H-2A workers.
FACT: This bill includes a provision that allows employers
to prioritize their longtime H-2A workers over new Certified
Agriculture Workers (CAWs). CAWs have a requirement to work
in agriculture that no domestic worker has. Because of that
requirement and proven experience in agriculture work, CAWs
do receive preference over new foreign agriculture workers.
There is no expansion of the current workforce; CAW workers
are already here and working in agriculture. The bill
eliminates the legal chaos farmers and workers face today.
MYTH: This bill does not allow agricultural associations to
file as agents on behalf of their members.
FACT: This bill does not affect the ability of associations
to file as agents. The bill allows associations to file as
agents, or as a joint or sole employer of workers.
MYTH: This bill provides no relief for dairies or year-
round agriculture.
FACT: This bill creates year-round access to the H-2A
program for dairy and other agricultural sectors that
desperately need workers but have previously been unable to
utilize the program. Without this bill, year-round
agriculture has no access to a legal foreign workforce.
MYTH: This bill would create new funding for the Legal
Services Corporation.
FACT: There is no new funding in this bill for the Legal
Services Corporation.
MYTH: This bill requires farmworker housing to meet
Occupational Safety and Health Administration (OSHA)
standards.
FACT: Farmworker housing is already required to meet OSHA
standards, and DOL requires annual approved inspections
before approving a certification. The bill makes no changes
to that requirement, and in fact, reduces the inspection to
every two years. The bill provides $11 billion in additional
funds to
[[Page H1559]]
offset costs for grower-provided and other farmworker
housing.
MYTH: This bill establishes a new bureaucratic complaint/
investigation process that allows anyone to file a complaint.
FACT: There is no new process established in this bill. It
simply codifies existing regulations.
MYTH: The bill requires more reporting on employer
recruitment efforts.
FACT: There are no additional reporting requirements in
this bill, and requirements for recruitment efforts have been
simplified and modernized.
MYTH: This bill creates a new private right of action for
H-2A workers under the Migrant and Seasonal Agricultural
Worker Protection Act (MSPA).
FACT: Currently, H-2A employers must comply with the H-2A
program requirements, which largely meet or exceed MSPA. The
primary difference is that DOL stands in the place of the
foreign farmworker in bringing forward cases of alleged
violations of the H-2A program, the Fair Labor Standards Act
(FLSA), and a number of other federal and state laws. In
addition, any H-2A employer that employs one or more domestic
worker who performs seasonal or temporary agricultural work
is also currently covered under MSPA. The bill would formally
place all employers of H-2A workers under MSPA (impacting
only those who currently hire no domestic employees for
seasonal or temporary work) while creating a new mandatory
mediation requirement for any claim not just filed under MSPA
but extended it to claims under the H-2A program and FLSA.
Mandatory mediation could help reduce litigation costs and
attorney fees for growers, in part by resolving frivolous
claims before reaching the court room.
MYTH: This bill gives workers up to two years to file a
legal claim against an employer, even after the worker has
returned to their home country.
FACT: Under current statue, H-2A workers already get this.
There is nothing new in this bill. Many state-based claims
have longer statute of limitations.
MYTH: This bill gives the Department of Labor (DOL) a new
ability to sue on behalf of employees.
FACT: Under the Fair Labor Standards Act (FLSA), DOL
already has this ability. There is nothing new in this bill.
MYTH: To overcome a denial of labor certification, this
legislation places the burden of proof on employers to show
that domestic workers were turned away for lawful reasons.
FACT: Nothing new is in this bill. This provision already
exists under current law.
MYTH: This bill permits very limited appeals and does not
grant de novo appeals of denials or Notice of Disagreement
(NOD).
FACT: This bill allows employers to quickly fix application
deficiencies, as with current law. The bill, however,
improves this process by creating a new emergency procedure
for farmers so issues are fixed faster and workers are not
delayed. It also allows for post-certification modifications.
MYTH: This bill establishes a new requirement for employers
to provide housing for domestic workers outside of a 50-mile
distance.
FACT: The bill does not change any current housing
requirements. As with current law, the requirement to provide
housing applies only to U.S. workers who live outside of the
normal commuting distance for the area.
MYTH: The bill makes no meaningful reform to the high
housing costs in the H-2A program.
FACT: The bill makes historic investments in farmworker
housing while reducing employer costs in providing such
housing, including to H-2A workers. The bill provides $1
billion to rehabilitate existing housing, triples federal
funding for USDA Section 514/516 rural housing and grant
programs, and doubles funding for the Section 521 rental
assistance program. The bill also reduces the cost of
providing housing to H-2A workers by making operating
assistance subsidies available to 514/516 property owners who
house H-2A workers.
MYTH: Mandatory E-Verify just for agriculture means
thousands of year-round employers will have no access to
labor whatsoever.
FACT: This bill provides a way for the current workforce to
get right with the law, which means they would be compliant
with E-Verify. As noted above, the bill provides employers
with two avenues for hiring new year-round workers. The E-
Verify requirement would only apply to new hires and is
phased in, beginning three years after enactment.
MYTH: Illegal farmworkers, their spouses, and all their
dependents are provided a special, expedited path to legal,
permanent residence and will move out of agriculture and into
other jobs in the economy.
FACT: This bill does not create an immediate path to
permanent residence. First, it creates a temporary legal
status that can only be renewed with significant agricultural
work. Second, the bill provides the option of earning
permanent residence through continued agricultural work, but
it would take at a minimum five to 10 years to earn such
status, depending on the amount of past agricultural work the
worker could demonstrate. These significant past and future
work commitments would ensure the stability of American
agriculture for years to come. Spouses and dependents receive
the same protections that currently exist in the H-2A
program.
MYTH: The bill puts AEWR into law after 2029 with no
increase or decrease in caps. Keeping the AEWR for another 10
years and preserving it in statute means employers will see
no relief.
FACT: After year 10, the AEWR requirement ends, and the
Secretaries of Agriculture and Labor must develop a new wage
standard with input from stakeholders.
MYTH: The bill provides new authority for the DOL to award
back wages, penalties, and damages and/or to debar employers
from the program for five years or permanently.
FACT: The DOL already has authority to temporarily debar
bad actors. This bill would give the DOL new authority to
permanently debar individuals who have previously been
debarred and are habitual violators of the program's
requirements.
Ms. LOFGREN. We have labored long and hard, those of us in our
bipartisan group that worked to solve a problem that our country has,
which is we need a stable workforce in the agricultural sector.
I thank last year's chairman of the Agriculture Committee, Collin
Peterson, for the work that he did on this bill; this year's chair who
also supports this bill, Mr. Scott; as well as the ranking member who
said that he would vote for it even though there are some things he
would like to change. It is a compromise, and it was worked on for
almost over a year to get to this point.
We believe that having a legal workforce in agriculture that will
give stability is not only good for those workers, but it is good for
their employers, and it is good for America.
We believe that making sure that there is a future flow of a legal
workforce not only into farms but now into dairy is good for America
because we think immigration ought to be legal. It ought to be
regularized. It ought to be orderly. That is what this bill would
accomplish.
Finally, there has been a lot of talk about enforcement. This bill
has enforcement in it. When the bill is implemented, we will have a
strategy in a legal way to meet the needs of agriculture in America. If
we have that as law, we ought to enforce that law. That is why, on a
bipartisan basis, we agreed that E-Verify ought to be applied to this
whole sector.
This is a package that will make America stronger. It is fair to
farmworkers. It is fair to farmers. And it is good for America. I hope
that people will vote for it on both sides of the aisle. So many of us
worked together to bring it to this point.
Madam Speaker, I yield back the balance of my time.
Mr. SCOTT of Virginia. Madam Speaker, farmworkers toil under
difficult and dangerous conditions for long hours and low pay to ensure
America has a safe and plentiful food supply.
Because of the scarcity of domestic farm labor, for decades, the
agricultural sector has depended largely on the labor of migrant
workers. The vast majority of crop workers in the United States were
not born here and are undocumented or here on guest visas. Though these
workers perform incredibly difficult work under hazardous conditions,
they are often unable to seek recourse when their rights are violated.
A pathway to citizenship, when accompanied by appropriate oversight
measures, could help reduce these dedicated workers' justifiable fear
of reprisal for asserting their rights. Farmworkers are integral to our
communities and our economy. Creating a pathway to citizenship for
these individuals--who work to feed us and our country year after
year--as well as their families is both an economic and humanitarian
necessity.
I support legalization of vulnerable, undocumented workers and a path
to citizenship. However, in exchange for legalization for some
undocumented farmworkers, this bill would depress labor standards for
H-2A workers. Because weakened labor standards for H-2A workers could
adversely impact the domestic workforce, this bill could negatively
impact the economic security of all farmworkers.
Wage cuts for many H-2A workers in turn would depress wages for all
farmworkers. The adverse effect wage rate (AEWR), which is often the
binding wage paid to H-2A workers, is designed to ensure that wages
paid to H-2A workers do not depress wages for U.S. farmworkers. This
means the AEWR must be high enough to reflect wages paid in the local
labor market. This bill would change the way the AEWR is currently
calculated over the first ten years to reflect average wages paid to
farmworkers in the region according to their specific occupation,
rather than the average wage paid to farmworkers across all
occupations. However, the bill fails to require the use of data that
actually reflects local wage conditions. Additionally, while setting
limitations on how much AEWR wages can decrease after
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an initial one-year freeze, the bill imposes caps on wage increases
from year to year, limiting whether AEWR can truly reflect wages paid
in the local labor market.
As a result of these changes to the AEWR, the majority of H-2A
workers would see their wages actually go down, albeit modestly, while
others would see the growth in their wages capped. I have opposed
similar efforts proposed by the Trump Administration that would depress
wages.
This year, I was pleased to lead House efforts to include an increase
to the federal minimum wage in the House-passed American Rescue Plan
(H.R. 1319). While those minimum wage provisions did not ultimately
survive Senate budget reconciliation rules, I will continue to push for
H.R. 603, the Raise the Wage Act, which would gradually raise the
federal minimum wage to $15 per hour by 2025. I am confident that in
the next ten years, we will enact a meaningful increase in the federal
minimum wage, boosting wages for workers across our nation--including
farmworkers. However, I am concerned that H.R. 1603, Farm Workforce
Modernization Act of 2021, will create artificial barriers to wage
growth, or worse, lead to wage cuts, continuing to leave farmworkers
relegated to low pay and economic insecurity.
Our country's wage and hour laws are designed to ensure that workers
are guaranteed a fair day's pay for a fair day's work. But this right
is only as strong as a worker's ability to hold employers accountable,
especially in court. Unfortunately, this bill creates obstacles that
may delay farmworkers' ability to access their day in court, when they
have been victims of wage theft. While I welcome extending coverage of
the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) to
H-2A workers, adding a mediation requirement to both the MSPA and the
Fair Labor Standards Act (FLSA) is problematic. This bill enables
employers to impose three months of mandatory mediation when an H-2A
worker brings a civil suit under these laws, even if the worker does
not consent to the mediation and wants his or her day in court. This
undermines the voluntary nature of mediation and provides bad actors
with an avenue for delaying or denying wage recovery. This delay could
prove significant for farmworkers who may be in this country for a
limited amount of time to participate in litigation. This is especially
fraught given that, in contrast to MSPA, the FLSA provides for recovery
of unpaid wages and liquidated, or double, damages and recovery of
attorney's fees, plus costs. This provision may also pull domestic
farmworkers or other visa classifications of workers into required
mediation where there are collective or class actions, thereby
undermining incentives for other workers to join with H-2A workers to
seek redress.
Last Congress, I supported the passage of H.R. 1423, the FAIR Act, to
ban forced arbitration in many areas, including employment, because it
could delay or totally block workers' access to courts. We should
promote legislation that protects workers' fundamental right to have
their day in court, not delay it.
This bill denies newly legalized farmworkers and their families
access to key social safety net programs. Denial of benefits that can
promote economic stability, coupled with the bill's wage suppressing
provisions, threatens to create a long-term pool of economically
vulnerable workers. While most of these individuals do not currently
have access to these benefits due to their immigration status, leaving
immigrant workers who are granted legal status under this legislation
without access to social safety net programs establishes a dangerous
precedent that access to health care and other basic necessities can be
traded away for a path to legal status.
This legislation weakens the current recruitment and hiring standards
for U.S. farmworkers. A reduction in employers' obligations to hire
U.S. workers under this bill will undermine one of the core principles
of the H-2A program: that H-2A workers should fill in gaps in the farm
workforce that U.S. employers are truly unable to fill, rather than
merely replacing U.S. workers that employers could attract with
reasonable efforts. I raised concerns with similar efforts to modify
recruitment standards by the Trump Administration in 2019.
Agricultural work is hazardous, and workers in this sector have few
legal health and safety protections. Ensuring that H-2A workers and all
farmworkers have safe, healthy working conditions is critical. I am
pleased that this bill requires H-2A employers to maintain heat illness
prevention plans and requires H-2A employers in the dairy industry to
maintain workplace safety plans. However, as presently written, some
provisions are ambiguous and would be difficult to enforce; other
provisions have weak minimum requirements that would limit their value.
As this legislation moves forward, I would urge the inclusions of
stronger health and safety standards.
Strong labor protections are vital to protect both H-2A workers, who
are vulnerable given their temporary status, and domestic farmworkers,
whose employers may be disincentivized to provide employment. This is
especially true given that farmworkers have historically been carved
out of labor and employment laws, leaving these workers with fewer wage
protections and rights to bargain for better working conditions.
While this bill does make some improvements in immigration law, I
look forward to supporting a version of this bill that more accurately
reflects strong labor standards.
The SPEAKER pro tempore. Pursuant to House Resolution 233, the
previous question is ordered on the bill, as amended.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
Motion to Recommit
Mrs. FISCHBACH. Madam Speaker, I have a motion to recommit at the
desk.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mrs. Fischbach moves to recommit the bill H.R. 1603 to the
Committee on the Judiciary.
The material previously referred to by Mrs. Fischbach is as follows:
At the end of section 204(b), add the following:
(4) Right to cure.-- If an H-2A worker files a civil
lawsuit alleging a violation under the Migrant and Seasonal
Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.),
an agricultural employer may, not later than 5 days after
receiving service of the complaint, file with the court
documentation demonstrating that the action giving rise to
the complaint has been remedied. The court may dismiss such
complaint if satisfied that the complaint has been resolved.
The SPEAKER pro tempore. Pursuant to clause 2(b) of rule XIX, the
previous question is ordered on the motion to recommit.
The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mrs. FISCHBACH. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Pursuant to clause 1(c) of rule XIX, further consideration of H.R.
1603 is postponed.
____________________