Congressional Record, House, March 18, 2021 — H.R. 1603 Farm Workforce Modernization Act of 2021
Summary
A page of the Congressional Record, House, dated March 18, 2021, at page H1527. It begins with a note that further consideration of H.R. 6 is postponed, and Mr. Nadler, pursuant to House Resolution 233, calls up H.R. 1603, the Farm Workforce Modernization Act of 2021, a bill to amend the Immigration and Nationality Act on terms and conditions for nonimmigrant workers performing agricultural labor or services. The text of the bill as amended is printed, with a table of contents covering titles on certified agricultural worker status, farmworker housing, foreign labor recruiter accountability and electronic verification of employment eligibility.
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“Congressional Record, House, March 18, 2021 — H.R. 1603 Farm Workforce Modernization Act of 2021.”
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March 18, 2021 CONGRESSIONAL RECORD — HOUSE H1527
Pursuant to clause 1(c) of rule XIX, Sec. 205. Report on wage protections. pendent status to the spouse or child of an alien
further consideration of H.R. 6 is post- Sec. 206. Portable H–2A visa pilot program. granted certified agricultural worker status
poned. Sec. 207. Improving access to permanent resi- under paragraph (1) if the spouse or child is not
dence. ineligible for certified agricultural dependent
f status as provided in subsection (b).
Subtitle B—Preservation and Construction of
FARM WORKFORCE Farmworker Housing (b) GROUNDS FOR INELIGIBILITY.—
MODERNIZATION ACT OF 2021 (1) GROUNDS OF INADMISSIBILITY.—Except as
Sec. 220. Short title.
provided in paragraph (3), an alien is ineligible
Mr. NADLER. Madam Speaker, pur- Sec. 221. Permanent establishment of housing
for certified agricultural worker or certified ag-
preservation and revitalization
suant to House Resolution 233, I call up ricultural dependent status if the Secretary de-
program.
the bill (H.R. 1603) to amend the Immi- Sec. 222. Eligibility for rural housing vouchers.
termines that the alien is inadmissible under
gration and Nationality Act to provide section 212(a) of the Immigration and Nation-
Sec. 223. Amount of voucher assistance.
for terms and conditions for non- ality Act (8 U.S.C. 1182(a)), except that in deter-
Sec. 224. Rental assistance contract authority.
immigrant workers performing agricul- mining inadmissibility—
Sec. 225. Funding for multifamily technical im-
(A) paragraphs (4), (5), (7), and (9)(B) of such
tural labor or services, and for other provements.
section shall not apply;
purposes, and ask for its immediate Sec. 226. Plan for preserving affordability of
rental projects. (B) subparagraphs (A), (C), (D), (F), and (G)
consideration. of such section 212(a)(6) and paragraphs (9)(C)
Sec. 227. Covered housing programs.
The Clerk read the title of the bill. and (10)(B) of such section 212(a) shall not
Sec. 228. New farmworker housing.
The SPEAKER pro tempore. Pursu- Sec. 229. Loan and grant limitations. apply unless based on the act of unlawfully en-
ant to House Resolution 233, the Sec. 230. Operating assistance subsidies. tering the United States after the date of intro-
amendment printed in part C of House Sec. 231. Eligibility of certified workers. duction of this Act; and
Report 117–12 is adopted, and the bill, (C) paragraphs (6)(B) and (9)(A) of such sec-
Subtitle C—Foreign Labor Recruiter tion 212(a) shall not apply unless the relevant
as amended, is considered read. Accountability conduct began on or after the date of filing of
The text of the bill, as amended, is as Sec. 251. Registration of foreign labor recruit- the application for certified agricultural worker
follows: ers. status.
H.R. 1603 Sec. 252. Enforcement. (2) ADDITIONAL CRIMINAL BARS.—Except as
Be it enacted by the Senate and House of Rep- Sec. 253. Appropriations. provided in paragraph (3), an alien is ineligible
resentatives of the United States of America in Sec. 254. Definitions. for certified agricultural worker or certified ag-
Congress assembled, TITLE III—ELECTRONIC VERIFICATION OF ricultural dependent status if the Secretary de-
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. EMPLOYMENT ELIGIBILITY termines that, excluding any offense under
(a) SHORT TITLE.—This Act may be cited as Sec. 301. Electronic employment eligibility State law for which an essential element is the
the ‘‘Farm Workforce Modernization Act of verification system. alien’s immigration status and any minor traffic
2021’’. Sec. 302. Mandatory electronic verification for offense, the alien has been convicted of—
(b) TABLE OF CONTENTS.—The table of con- the agricultural industry. (A) any felony offense;
tents for this Act is as follows: Sec. 303. Coordination with E–Verify Program. (B) an aggravated felony (as defined in sec-
Sec. 304. Fraud and misuse of documents. tion 101(a)(43) of the Immigration and Nation-
Sec. 1. Short title; table of contents. ality Act (8 U.S.C. 1101(a)(43)) at the time of the
Sec. 305. Technical and conforming amend-
TITLE I—SECURING THE DOMESTIC conviction);
ments.
AGRICULTURAL WORKFORCE (C) two misdemeanor offenses involving moral
Sec. 306. Protection of Social Security Adminis-
Subtitle A—Temporary Status for Certified tration programs. turpitude, as described in section
Agricultural Workers Sec. 307. Report on the implementation of the 212(a)(2)(A)(i)(I) of the Immigration and Nation-
Sec. 101. Certified agricultural worker status. electronic employment verification ality Act (8 U.S.C. 1182(a)(2)(A)(i)(I)), unless an
Sec. 102. Terms and conditions of certified sta- system. offense is waived by the Secretary under para-
tus. Sec. 308. Modernizing and streamlining the em- graph (3)(B); or
Sec. 103. Extensions of certified status. ployment eligibility verification (D) three or more misdemeanor offenses not
Sec. 104. Determination of continuous presence. process. occurring on the same date, and not arising out
Sec. 105. Employer obligations. Sec. 309. Rulemaking and Paperwork Reduction of the same act, omission, or scheme of mis-
Sec. 106. Administrative and judicial review. Act. conduct.
(3) WAIVERS FOR CERTAIN GROUNDS OF INAD-
Subtitle B—Optional Earned Residence for TITLE I—SECURING THE DOMESTIC MISSIBILITY.—For humanitarian purposes, fam-
Long-Term Workers AGRICULTURAL WORKFORCE ily unity, or if otherwise in the public interest,
Sec. 111. Optional adjustment of status for Subtitle A—Temporary Status for Certified the Secretary may waive the grounds of inad-
long-term agricultural workers. Agricultural Workers missibility under—
Sec. 112. Payment of taxes. SEC. 101. CERTIFIED AGRICULTURAL WORKER (A) paragraph (1), (6)(E), or (10)(D) of section
Sec. 113. Adjudication and decision; review. STATUS. 212(a) of the Immigration and Nationality Act (8
Subtitle C—General Provisions (a) REQUIREMENTS FOR CERTIFIED AGRICUL- U.S.C. 1182(a)); or
Sec. 121. Definitions. TURAL WORKER STATUS.— (B) subparagraphs (A) and (D) of section
Sec. 122. Rulemaking; Fees. (1) PRINCIPAL ALIENS.—The Secretary may 212(a)(2) of the Immigration and Nationality Act
Sec. 123. Background checks. grant certified agricultural worker status to an (8 U.S.C. 1182(a)(2)), unless inadmissibility is
Sec. 124. Protection for children. alien who submits a completed application, in- based on a conviction that would otherwise
Sec. 125. Limitation on removal. cluding the required processing fees, before the render the alien ineligible under subparagraph
Sec. 126. Documentation of agricultural work end of the period set forth in subsection (c) and (A), (B), or (D) of paragraph (2).
history. who— (c) APPLICATION.—
Sec. 127. Employer protections. (A) performed agricultural labor or services in (1) APPLICATION PERIOD.—Except as provided
Sec. 128. Correction of social security records; the United States for at least 1,035 hours (or 180 in paragraph (2), the Secretary shall accept ini-
conforming amendments. work days) during the 2-year period preceding tial applications for certified agricultural work-
Sec. 129. Disclosures and privacy. the date of the introduction of this Act; er status during the 18-month period beginning
Sec. 130. Penalties for false statements in appli- (B) on the date of the introduction of this on the date on which the interim final rule is
cations. Act— published in the Federal Register pursuant to
Sec. 131. Dissemination of information. (i) is inadmissible or deportable from the section 122(a).
Sec. 132. Exemption from numerical limitations. United States; or (2) EXTENSION.—If the Secretary determines,
Sec. 133. Reports to Congress. (ii) is under a grant of deferred enforced de- during the initial period described in paragraph
Sec. 134. Grant program to assist eligible appli- parture or has temporary protected status under (1), that additional time is required to process
cants. section 244 of the Immigration and Nationality initial applications for certified agricultural
Sec. 135. Authorization of appropriations. Act; worker status or for other good cause, the Sec-
(C) subject to section 104, has been continu- retary may extend the period for accepting ap-
TITLE II—ENSURING AN AGRICULTURAL
ously present in the United States since the date plications for up to an additional 12 months.
WORKFORCE FOR THE FUTURE
of the introduction of this Act and until the (3) SUBMISSION OF APPLICATIONS.—
Subtitle A—Reforming the H–2A Temporary
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date on which the alien is granted certified agri- (A) IN GENERAL.—An alien may file an appli-
Worker Program cultural worker status; and cation with the Secretary under this section
Sec. 201. Comprehensive and streamlined elec- (D) is not otherwise ineligible for certified ag- with the assistance of an attorney or a non-
tronic H–2A platform. ricultural worker status as provided in sub- profit religious, charitable, social service, or
Sec. 202. H–2A program requirements. section (b). similar organization recognized by the Board of
Sec. 203. Agency roles and responsibilities. (2) DEPENDENT SPOUSE AND CHILDREN.—The Immigration Appeals under section 292.2 of title
Sec. 204. Worker protection and compliance. Secretary may grant certified agricultural de- 8, Code of Federal Regulations. The Secretary
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H1528 CONGRESSIONAL RECORD — HOUSE March 18, 2021
shall also create a procedure for accepting ap- migration and Nationality Act (8 U.S.C. (2) are not entitled to the premium assistance
plications filed by qualified designated entities 1101(a)(15)(H)(ii)(a)) upon approval of a petition tax credit authorized under section 36B of the
with the consent of the applicant. submitted by a sponsoring employer, if the alien Internal Revenue Code of 1986 (26 U.S.C. 36B),
(B) FARM SERVICE AGENCY OFFICES.—The Sec- has performed at least 575 hours (or 100 work and shall be subject to the rules applicable to in-
retary, in consultation with the Secretary of Ag- days) of agricultural labor or services during the dividuals who are not lawfully present set forth
riculture, shall establish a process for the filing 3-year period preceding the date of the introduc- in subsection (e) of such section;
of applications under this section at Farm Serv- tion of this Act. The Secretary shall create a (3) shall be subject to the rules applicable to
ice Agency offices throughout the United States. procedure to provide for such classification individuals who are not lawfully present set
(4) EVIDENCE OF APPLICATION FILING.—As without requiring the alien to depart the United forth in section 1402(e) of the Patient Protection
soon as practicable after receiving an applica- States and obtain a visa abroad. and Affordable Care Act (42 U.S.C. 18071(e));
tion for certified agricultural worker status, the SEC. 102. TERMS AND CONDITIONS OF CERTIFIED and
Secretary shall provide the applicant with a STATUS. (4) shall be subject to the rules applicable to
document acknowledging the receipt of such ap- (a) IN GENERAL.— individuals not lawfully present set forth in sec-
plication. Such document shall serve as interim (1) APPROVAL.—Upon approval of an applica- tion 5000A(d)(3) of the Internal Revenue Code of
proof of the alien’s authorization to accept em- tion for certified agricultural worker status, or 1986 (26 U.S.C. 5000A(d)(3)).
ployment in the United States and shall be ac- an extension of such status pursuant to section (d) REVOCATION OF STATUS.—
cepted by an employer as evidence of employ- 103, the Secretary shall issue— (1) IN GENERAL.—The Secretary may revoke
ment authorization under section 274A(b)(1)(C) (A) documentary evidence of such status to certified agricultural worker or certified agricul-
of the Immigration and Nationality Act (8 the applicant; and tural dependent status if, after providing notice
U.S.C. 1324a(b)(1)(C)), if the employer is employ- (B) documentary evidence of certified agricul- to the alien and the opportunity to provide evi-
ing the holder of such document to perform agri- tural dependent status to any qualified depend- dence to contest the proposed revocation, the
cultural labor or services, pending a final ad- ent included on such application. Secretary determines that the alien no longer
ministrative decision on the application. (2) DOCUMENTARY EVIDENCE.—In addition to meets the eligibility requirements for such status
(5) EFFECT OF PENDING APPLICATION.—During any other features and information as the Sec- under section 101(b).
the period beginning on the date on which an retary may prescribe, the documentary evidence (2) INVALIDATION OF DOCUMENTATION.—Upon
alien applies for certified agricultural worker described in paragraph (1)— the Secretary’s final determination to revoke an
status under this subtitle, and ending on the (A) shall be machine-readable and tamper-re- alien’s certified agricultural worker or certified
date on which the Secretary makes a final ad- sistant; agricultural dependent status, any documenta-
ministrative decision regarding such applica- (B) shall contain a digitized photograph; tion issued by the Secretary to such alien under
(C) shall serve as a valid travel and entry doc- subsection (a) shall automatically be rendered
tion, the alien and any dependents included in
ument for purposes of applying for admission to invalid for any purpose except for departure
the application—
the United States; and from the United States.
(A) may apply for advance parole, which
(D) shall be accepted during the period of its SEC. 103. EXTENSIONS OF CERTIFIED STATUS.
shall be granted upon demonstrating a legiti-
validity by an employer as evidence of employ-
mate need to travel outside the United States for (a) REQUIREMENTS FOR EXTENSIONS OF STA-
ment authorization and identity under section
a temporary purpose; TUS.—
274A(b)(1)(B) of the Immigration and Nation- (1) PRINCIPAL ALIENS.—The Secretary may ex-
(B) may not be detained by the Secretary or
ality Act (8 U.S.C. 1324a(b)(1)(B)). tend certified agricultural worker status for ad-
removed from the United States unless the Sec- (3) VALIDITY PERIOD.—Certified agricultural
retary makes a prima facie determination that ditional periods of 51⁄2 years to an alien who
worker and certified agricultural dependent sta-
such alien is, or has become, ineligible for cer- submits a completed application, including the
tus shall be valid for 51⁄2 years beginning on the
tified agricultural worker status; required processing fees, within the 120-day pe-
date of approval.
(C) may not be considered unlawfully present (4) TRAVEL AUTHORIZATION.—An alien with riod beginning 60 days before the expiration of
under section 212(a)(9)(B) of the Immigration certified agricultural worker or certified agricul- the fifth year of the immediately preceding
and Nationality Act (8 U.S.C. 1182(a)(9)(B)); tural dependent status may— grant of certified agricultural worker status, if
and (A) travel within and outside of the United the alien—
(D) may not be considered an unauthorized States, including commuting to the United (A) except as provided in section 126(c), has
alien (as defined in section 274A(h)(3) of the Im- States from a residence in a foreign country; performed agricultural labor or services in the
migration and Nationality Act (8 U.S.C. and United States for at least 575 hours (or 100 work
1324a(h)(3))). (B) be admitted to the United States upon re- days) for each of the prior 5 years in which the
(6) WITHDRAWAL OF APPLICATION.—The Sec- turn from travel abroad without first obtaining alien held certified agricultural worker status;
retary shall, upon receipt of a request from the a visa if the alien is in possession of— and
applicant to withdraw an application for cer- (i) valid, unexpired documentary evidence of (B) has not become ineligible for certified agri-
tified agricultural worker status under this sub- certified agricultural worker or certified agricul- cultural worker status under section 101(b).
title, cease processing of the application, and tural worker dependent status as described in (2) DEPENDENT SPOUSE AND CHILDREN.—The
close the case. Withdrawal of the application subsection (a); or Secretary may grant or extend certified agricul-
shall not prejudice any future application filed (ii) a travel document that has been approved tural dependent status to the spouse or child of
by the applicant for any immigration benefit by the Secretary and was issued to the alien an alien granted an extension of certified agri-
under this Act or under the Immigration and after the alien’s original documentary evidence cultural worker status under paragraph (1) if
Nationality Act (8 U.S.C. 1101 et seq.). was lost, stolen, or destroyed. the spouse or child is not ineligible for certified
(d) ADJUDICATION AND DECISION.— (b) ABILITY TO CHANGE STATUS.— agricultural dependent status under section
(1) IN GENERAL.—Subject to section 123, the (1) CHANGE TO CERTIFIED AGRICULTURAL 101(b).
Secretary shall render a decision on an applica- WORKER STATUS.—Notwithstanding section (3) WAIVER FOR LATE FILINGS.—The Secretary
tion for certified agricultural worker status not 101(a), an alien with valid certified agricultural may waive an alien’s failure to timely file before
later than 180 days after the date the applica- dependent status may apply to change to cer- the expiration of the 120-day period described in
tion is filed. tified agricultural worker status, at any time, if paragraph (1) if the alien demonstrates that the
(2) NOTICE.—Prior to denying an application the alien— delay was due to extraordinary circumstances
for certified agricultural worker status, the Sec- (A) submits a completed application, including beyond the alien’s control or for other good
retary shall provide the alien with— the required processing fees; and cause.
(A) written notice that describes the basis for (B) is not ineligible for certified agricultural (b) STATUS FOR WORKERS WITH PENDING AP-
ineligibility or the deficiencies in the evidence worker status under section 101(b). PLICATIONS.—
submitted; and (2) CLARIFICATION.—Nothing in this title pro- (1) IN GENERAL.—Certified agricultural worker
(B) at least 90 days to contest ineligibility or hibits an alien granted certified agricultural status of an alien who timely files an applica-
submit additional evidence. worker or certified agricultural dependent sta- tion to extend such status under subsection (a)
(3) AMENDED APPLICATION.—An alien whose tus from changing status to any other non- (and the status of the alien’s dependents) shall
application for certified agricultural worker sta- immigrant classification for which the alien may be automatically extended through the date on
tus is denied under this section may submit an be eligible. which the Secretary makes a final administra-
amended application for such status to the Sec- (c) PROHIBITION ON PUBLIC BENEFITS, TAX tive decision regarding such application.
retary if the amended application is submitted BENEFITS, AND HEALTH CARE SUBSIDIES.—Aliens (2) DOCUMENTATION OF EMPLOYMENT AUTHOR-
within the application period described in sub- granted certified agricultural worker or certified IZATION.—As soon as practicable after receipt of
section (c) and contains all the required infor- agricultural dependent status shall be consid- an application to extend certified agricultural
mation and fees that were missing from the ini- ered lawfully present in the United States for all worker status under subsection (a), the Sec-
tial application. purposes for the duration of their status, except retary shall issue a document to the alien ac-
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(e) ALTERNATIVE H–2A STATUS.—An alien who that such aliens— knowledging the receipt of such application. An
has not met the required period of agricultural (1) shall be ineligible for Federal means-tested employer of the worker may not refuse to accept
labor or services under subsection (a)(1)(A), but public benefits to the same extent as other indi- such document as evidence of employment au-
is otherwise eligible for certified agricultural viduals who are not qualified aliens under sec- thorization under section 274A(b)(1)(C) of the
worker status under such subsection, shall be el- tion 431 of the Personal Responsibility and Immigration and Nationality Act (8 U.S.C.
igible for classification as a nonimmigrant de- Work Opportunity Reconciliation Act of 1996 (8 1324a(b)(1)(C)), pending a final administrative
scribed in section 101(a)(15)(H)(ii)(a) of the Im- U.S.C. 1641); decision on the application.
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March 18, 2021 CONGRESSIONAL RECORD — HOUSE H1529
(c) NOTICE.—Prior to denying an application Secretary’s decision to deny an application for (2) may not be detained by the Secretary or re-
to extend certified agricultural worker status, certified agricultural worker status, an applica- moved from the United States unless the Sec-
the Secretary shall provide the alien with— tion to extend such status, or the decision to re- retary makes a prima facie determination that
(1) written notice that describes the basis for voke such status, shall be limited to the review such alien is, or has become, ineligible for ad-
ineligibility or the deficiencies of the evidence of an order of removal under section 242 of the justment of status under subsection (a);
submitted; and Immigration and Nationality Act (8 U.S.C. (3) may not be considered unlawfully present
(2) at least 90 days to contest ineligibility or 1252). under section 212(a)(9)(B) of the Immigration
submit additional evidence. Subtitle B—Optional Earned Residence for and Nationality Act (8 U.S.C. 1182(a)(9)(B));
SEC. 104.DETERMINATION OF CONTINUOUS Long-Term Workers and
PRESENCE. (4) may not be considered an unauthorized
SEC. 111. OPTIONAL ADJUSTMENT OF STATUS
(a) EFFECT OF NOTICE TO APPEAR.—The con- FOR LONG-TERM AGRICULTURAL alien (as defined in section 274A(h)(3) of the Im-
tinuous presence in the United States of an ap- WORKERS. migration and Nationality Act (8 U.S.C.
plicant for certified agricultural worker status (a) REQUIREMENTS FOR ADJUSTMENT OF STA- 1324a(h)(3))).
under section 101 shall not terminate when the TUS.— (d) EVIDENCE OF APPLICATION FILING.—As
alien is served a notice to appear under section (1) PRINCIPAL ALIENS.—The Secretary may ad- soon as practicable after receiving an applica-
239(a) of the Immigration and Nationality Act (8 just the status of an alien from that of a cer- tion for adjustment of status under this subtitle,
U.S.C. 1229(a)). tified agricultural worker to that of a lawful the Secretary shall provide the applicant with a
(b) TREATMENT OF CERTAIN BREAKS IN PRES- permanent resident if the alien submits a com- document acknowledging the receipt of such ap-
ENCE.— plication. Such document shall serve as interim
pleted application, including the required proc-
(1) IN GENERAL.—Except as provided in para- proof of the alien’s authorization to accept em-
essing and penalty fees, and the Secretary de-
graphs (2) and (3), an alien shall be considered ployment in the United States and shall be ac-
termines that—
to have failed to maintain continuous presence (A) except as provided in section 126(c), the cepted by an employer as evidence of employ-
in the United States under this subtitle if the alien performed agricultural labor or services for ment authorization under section 274A(b)(1)(C)
alien departed the United States for any period not less than 575 hours (or 100 work days) each of the Immigration and Nationality Act (8
exceeding 90 days, or for any periods, in the ag- year— U.S.C. 1324a(b)(1)(C)), pending a final adminis-
gregate, exceeding 180 days. (i) for at least 10 years prior to the date of the trative decision on the application.
(2) EXTENSIONS FOR EXTENUATING CIR- enactment of this Act and for at least 4 years in (e) WITHDRAWAL OF APPLICATION.—The Sec-
CUMSTANCES.—The Secretary may extend the retary shall, upon receipt of a request to with-
certified agricultural worker status; or
time periods described in paragraph (1) for an (ii) for fewer than 10 years prior to the date draw an application for adjustment of status
alien who demonstrates that the failure to time- of the enactment of this Act and for at least 8 under this subtitle, cease processing of the ap-
ly return to the United States was due to ex- years in certified agricultural worker status; plication, and close the case. Withdrawal of the
tenuating circumstances beyond the alien’s con- and application shall not prejudice any future appli-
trol, including the serious illness of the alien, or (B) the alien has not become ineligible for cer- cation filed by the applicant for any immigra-
death or serious illness of a spouse, parent, son tified agricultural worker status under section tion benefit under this Act or under the Immi-
or daughter, grandparent, or sibling of the 101(b). gration and Nationality Act (8 U.S.C. 1101 et
alien. (2) DEPENDENT ALIENS.— seq.).
(3) TRAVEL AUTHORIZED BY THE SECRETARY.— (A) IN GENERAL.—The spouse and each child SEC. 112. PAYMENT OF TAXES.
Any period of travel outside of the United States of an alien described in paragraph (1) whose (a) IN GENERAL.—An alien may not be granted
by an alien that was authorized by the Sec- status has been adjusted to that of a lawful per- adjustment of status under this subtitle unless
retary shall not be counted toward any period manent resident may be granted lawful perma- the applicant has satisfied any applicable Fed-
of departure from the United States under para- nent residence under this subtitle if— eral tax liability.
graph (1). (i) the qualifying relationship to the principal (b) COMPLIANCE.—An alien may demonstrate
SEC. 105. EMPLOYER OBLIGATIONS. alien existed on the date on which such alien compliance with subsection (a) by submitting
(a) RECORD OF EMPLOYMENT.—An employer of was granted adjustment of status under this such documentation as the Secretary, in con-
an alien in certified agricultural worker status subtitle; and sultation with the Secretary of the Treasury,
shall provide such alien with a written record of (ii) the spouse or child is not ineligible for cer- may require by regulation.
employment each year during which the alien tified agricultural worker dependent status SEC. 113. ADJUDICATION AND DECISION; REVIEW.
provides agricultural labor or services to such under section 101(b). (a) IN GENERAL.—Subject to the requirements
employer as a certified agricultural worker. (B) PROTECTIONS FOR SPOUSES AND CHIL-
of section 123, the Secretary shall render a deci-
(b) CIVIL PENALTIES.— DREN.—The Secretary of Homeland Security
sion on an application for adjustment of status
(1) IN GENERAL.—If the Secretary determines, shall establish procedures to allow the spouse or
under this subtitle not later than 180 days after
after notice and an opportunity for a hearing, child of a certified agricultural worker to self-
the date on which the application is filed.
that an employer of an alien with certified agri- petition for lawful permanent residence under
(b) NOTICE.—Prior to denying an application
cultural worker status has knowingly failed to this subtitle in cases involving— for adjustment of status under this subtitle, the
provide the record of employment required (i) the death of the certified agricultural
Secretary shall provide the alien with—
under subsection (a), or has provided a false worker, so long as the spouse or child submits a
(1) written notice that describes the basis for
statement of material fact in such a record, the petition not later than 2 years after the date of
ineligibility or the deficiencies of the evidence
employer shall be subject to a civil penalty in an the worker’s death; or
submitted; and
amount not to exceed $500 per violation. (ii) the spouse or a child being battered or
(2) at least 90 days to contest ineligibility or
(2) LIMITATION.—The penalty under para- subjected to extreme cruelty by the certified ag-
submit additional evidence.
graph (1) for failure to provide employment ricultural worker. (c) ADMINISTRATIVE REVIEW.—The Secretary
records shall not apply unless the alien has pro- (3) DOCUMENTATION OF WORK HISTORY.—An
shall establish a process by which an applicant
vided the employer with evidence of employment applicant for adjustment of status under this
may seek administrative review of a denial of an
authorization described in section 102 or 103. section shall not be required to resubmit evi-
application for adjustment of status under this
(3) DEPOSIT OF CIVIL PENALTIES.—Civil pen- dence of work history that has been previously
subtitle.
alties collected under this paragraph shall be submitted to the Secretary in connection with
(d) JUDICIAL REVIEW.—Notwithstanding any
deposited into the Immigration Examinations an approved extension of certified agricultural
other provision of law, an alien may seek judi-
Fee Account under section 286(m) of the Immi- worker status.
cial review of a denial of an application for ad-
gration and Nationality Act (8 U.S.C. 1356(m)). (b) PENALTY FEE.—In addition to any proc-
justment of status under this title in an appro-
SEC. 106. ADMINISTRATIVE AND JUDICIAL RE- essing fee that the Secretary may assess in ac-
priate United States district court.
VIEW. cordance with section 122(b), a principal alien
(a) ADMINISTRATIVE REVIEW.—The Secretary seeking adjustment of status under this subtitle Subtitle C—General Provisions
shall establish a process by which an applicant shall pay a $1,000 penalty fee, which shall be SEC. 121. DEFINITIONS.
may seek administrative review of a denial of an deposited into the Immigration Examinations In this title:
application for certified agricultural worker sta- Fee Account pursuant to section 286(m) of the (1) IN GENERAL.—Except as otherwise pro-
tus under this subtitle, an application to extend Immigration and Nationality Act (8 vided, any term used in this title that is used in
such status, or a revocation of such status. U.S.C.1356(m)). the immigration laws shall have the meaning
(b) ADMISSIBILITY IN IMMIGRATION COURT.— (c) EFFECT OF PENDING APPLICATION.—During given such term in the immigration laws (as
Each record of an alien’s application for cer- the period beginning on the date on which an such term is defined in section 101 of the Immi-
tified agricultural worker status under this sub- alien applies for adjustment of status under this gration and Nationality Act (8 U.S.C. 1101)).
title, application to extend such status, revoca- subtitle, and ending on the date on which the (2) AGRICULTURAL LABOR OR SERVICES.—The
ctelli on DSK11ZRN23PROD with HOUSE
tion of such status, and each record created Secretary makes a final administrative decision term ‘‘agricultural labor or services’’ means—
pursuant to the administrative review process regarding such application, the alien and any (A) agricultural labor or services as such term
under subsection (a) is admissible in immigra- dependents included on the application— is used in section 101(a)(15)(H)(ii) of the Immi-
tion court, and shall be included in the adminis- (1) may apply for advance parole, which shall gration and Nationality Act (8 U.S.C.
trative record. be granted upon demonstrating a legitimate 1101(a)(15)(H)(ii)), without regard to whether
(c) JUDICIAL REVIEW.—Notwithstanding any need to travel outside the United States for a the labor or services are of a seasonal or tem-
other provision of law, judicial review of the temporary purpose; porary nature; and
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H1530 CONGRESSIONAL RECORD — HOUSE March 18, 2021
(B) agricultural employment as such term is or grant adjustment of status to that of a lawful of the evidence that the alien has worked the
defined in section 3 of the Migrant and Seasonal permanent resident under subtitle B, unless the requisite number of hours or days required
Agricultural Worker Protection Act (29 U.S.C. alien submits biometric and biographic data, in under section 101, 103, or 111, as applicable. The
1802), without regard to whether the specific accordance with procedures established by the Secretary shall establish special procedures to
service or activity is temporary or seasonal. Secretary. The Secretary shall provide an alter- properly credit work in cases in which an alien
(3) APPLICABLE FEDERAL TAX LIABILITY.—The native procedure for aliens who cannot provide was employed under an assumed name.
term ‘‘applicable Federal tax liability’’ means all required biometric or biographic data be- (b) EVIDENCE.—An alien may meet the burden
all Federal income taxes assessed in accordance cause of a physical impairment. of proof under subsection (a) by producing suf-
with section 6203 of the Internal Revenue Code (b) BACKGROUND CHECKS.—The Secretary ficient evidence to show the extent of such em-
of 1986 beginning on the date on which the ap- shall use biometric, biographic, and other data ployment as a matter of just and reasonable in-
plicant was authorized to work in the United that the Secretary determines appropriate to ference. Such evidence may include—
States as a certified agricultural worker. conduct security and law enforcement back- (1) an annual record of certified agricultural
(4) APPROPRIATE UNITED STATES DISTRICT ground checks and to determine whether there is worker employment as described in section
COURT.—The term ‘‘appropriate United States any criminal, national security, or other factor 105(a), or other employment records from em-
district court’’ means the United States District that would render the alien ineligible for status ployers;
Court for the District of Columbia or the United under this title. An alien may not be granted (2) employment records maintained by collec-
States district court with jurisdiction over the any such status under this title unless security tive bargaining associations;
(3) tax records or other government records;
alien’s principal place of residence. and law enforcement background checks are (4) sworn affidavits from individuals who
(5) CHILD.—The term ‘‘child’’ has the meaning completed to the satisfaction of the Secretary. have direct knowledge of the alien’s work his-
given such term in section 101(b)(1) of the Immi- SEC. 124. PROTECTION FOR CHILDREN. tory; or
gration and Nationality Act (8 U.S.C. (a) IN GENERAL.—Except as provided in sub- (5) any other documentation designated by
1101(b)(1)). section (b), for purposes of eligibility for cer- the Secretary for such purpose.
(6) CONVICTED OR CONVICTION.—The term tified agricultural dependent status or lawful (c) EXCEPTIONS FOR EXTRAORDINARY CIR-
‘‘convicted’’ or ‘‘conviction’’ does not include a permanent resident status under this title, a de- CUMSTANCES.—
judgment that has been expunged or set aside, termination of whether an alien is a child shall (1) IMPACT OF COVID–19.—
that resulted in a rehabilitative disposition, or be made using the age of the alien on the date (A) IN GENERAL.—The Secretary may grant
the equivalent. on which the initial application for certified ag- certified agricultural worker status to an alien
(7) EMPLOYER.—The term ‘‘employer’’ means ricultural worker status is filed with the Sec- who is otherwise eligible for such status if such
any person or entity, including any labor con- retary of Homeland Security. alien is able to only partially satisfy the require-
tractor or any agricultural association, that em- (b) LIMITATION.—Subsection (a) shall apply ment under section 101(a)(1)(A) as a result of re-
ploys workers in agricultural labor or services. for no more than 10 years after the date on duced hours of employment or other restrictions
(8) QUALIFIED DESIGNATED ENTITY.—The term which the initial application for certified agri- associated with the public health emergency de-
‘‘qualified designated entity’’ means— cultural worker status is filed with the Sec- clared by the Secretary of Health and Human
(A) a qualified farm labor organization or an retary of Homeland Security. Services under section 319 of the Public Health
association of employers designated by the Sec- SEC. 125. LIMITATION ON REMOVAL.
Service Act (42 U.S.C. 247d) with respect to
retary; or COVID–19.
(a) IN GENERAL.—An alien who appears to be (B) LIMITATION.—The exception described in
(B) any other entity that the Secretary des- prima facie eligible for status under this title
ignates as having substantial experience, dem- subparagraph (A) shall apply only to agricul-
shall be given a reasonable opportunity to apply tural labor or services required to be performed
onstrated competence, and a history of long- for such status. Such an alien may not be
term involvement in the preparation and sub- during the period that—
placed in removal proceedings or removed from (i) begins on the first day of the public health
mission of application for adjustment of status the United States until a final administrative
under title II of the Immigration and Nation- emergency described in subparagraph (A); and
decision establishing ineligibility for such status (ii) ends 90 days after the date on which such
ality Act (8 U.S.C. 1151 et seq.). is rendered. public health emergency terminates.
(9) SECRETARY.—The term ‘‘Secretary’’ means (b) ALIENS IN REMOVAL PROCEEDINGS.—Not- (2) EXTRAORDINARY CIRCUMSTANCES.—In de-
the Secretary of Homeland Security. withstanding any other provision of the law, termining whether an alien has met the require-
(10) WORK DAY.—The term ‘‘work day’’ means the Attorney General shall (upon motion by the ment under section 103(a)(1)(A) or 111(a)(1)(A),
any day in which the individual is employed Secretary with the consent of the alien, or mo- the Secretary may credit the alien with not more
5.75 or more hours in agricultural labor or serv- tion by the alien) terminate removal pro- than 575 hours (or 100 work days) of agricul-
ices. ceedings, without prejudice, against an alien tural labor or services in the United States if the
SEC. 122. RULEMAKING; FEES. who appears to be prima facie eligible for status alien was unable to perform the required agri-
(a) RULEMAKING.—Not later than 180 days under this title, and provide such alien a rea- cultural labor or services due to—
after the date of the enactment of this Act, the sonable opportunity to apply for such status. (A) pregnancy, parental leave, illness, disease,
Secretary shall publish in the Federal Register, (c) EFFECT OF FINAL ORDER.—An alien disabling injury, or physical limitation of the
an interim final rule implementing this title. present in the United States who has been or- alien;
Notwithstanding section 553 of title 5, United dered removed or has been permitted to depart (B) injury, illness, disease, or other special
States Code, the rule shall be effective, on an in- voluntarily from the United States may, not- needs of the alien’s child or spouse;
terim basis, immediately upon publication, but withstanding such order or permission to de- (C) severe weather conditions that prevented
may be subject to change and revision after pub- part, apply for status under this title. Such the alien from engaging in agricultural labor or
lic notice and opportunity for comment. The alien shall not be required to file a separate mo- services;
Secretary shall finalize such rule not later than tion to reopen, reconsider, or vacate the order of (D) reduced hours of employment or other re-
1 year after the date of the enactment of this removal. If the Secretary approves the applica- strictions associated with the public health
Act. tion, the Secretary shall notify the Attorney emergency declared by the Secretary of Health
(b) FEES.— General of such approval, and the Attorney and Human Services under section 319 of the
(1) IN GENERAL.—The Secretary may require General shall cancel the order of removal. If the Public Health Service Act (42 U.S.C. 247d) with
an alien applying for any benefit under this Secretary renders a final administrative decision respect to COVID–19; or
title to pay a reasonable fee that is commensu- to deny the application, the order of removal or (E) termination from agricultural employment,
rate with the cost of processing the application. permission to depart shall be effective and en- if the Secretary determines that—
(2) FEE WAIVER; INSTALLMENTS.— (i) the termination was without just cause;
forceable to the same extent as if the application
(A) IN GENERAL.—The Secretary shall estab- and
had not been made, only after all available ad- (ii) the alien was unable to find alternative
lish procedures to allow an alien to— ministrative and judicial remedies have been ex-
(i) request a waiver of any fee that the Sec- agricultural employment after a reasonable job
hausted. search.
retary may assess under this title if the alien (d) EFFECT OF DEPARTURE.—Section 101(g) of (3) EFFECT OF DETERMINATION.—A determina-
demonstrates to the satisfaction of the Secretary the Immigration and Nationality Act (8 U.S.C. tion under paragraph (1)(E) shall not be conclu-
that the alien is unable to pay the prescribed 1101(g)) shall not apply to an alien who departs sive, binding, or admissible in a separate or sub-
fee; or the United States— sequent judicial or administrative action or pro-
(ii) pay any fee or penalty that the Secretary (1) with advance permission to return to the ceeding between the alien and a current or prior
may assess under this title in installments. United States granted by the Secretary under employer of the alien or any other party.
(B) CLARIFICATION.—Nothing in this section this title; or (4) HARDSHIP WAIVER.—
shall be read to prohibit an employer from pay- (2) after having been granted certified agricul- (A) IN GENERAL.—As part of the rulemaking
ing any fee or penalty that the Secretary may tural worker status or lawful permanent resi- described in section 122(a), the Secretary shall
assess under this title on behalf of an alien and
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dent status under this title. establish procedures allowing for a partial waiv-
the alien’s spouse or children. SEC. 126. DOCUMENTATION OF AGRICULTURAL er of the requirement under section 111(a)(1)(A)
SEC. 123. BACKGROUND CHECKS. WORK HISTORY. for a certified agricultural worker if such work-
(a) SUBMISSION OF BIOMETRIC AND BIO- (a) BURDEN OF PROOF.—An alien applying for er—
GRAPHIC DATA.—The Secretary may not grant or certified agricultural worker status under sub- (i) has continuously maintained certified agri-
extend certified agricultural worker or certified title A or adjustment of status under subtitle B cultural worker status since the date such sta-
agricultural dependent status under subtitle A, has the burden of proving by a preponderance tus was initially granted;
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March 18, 2021 CONGRESSIONAL RECORD — HOUSE H1531
(ii) has partially completed the requirement day of the seventh month that begins after the fidentiality, and integrity of personally identifi-
under section 111(a)(1)(A); and date of the enactment of this Act. able information collected, maintained, and dis-
(iii) is no longer able to engage in agricultural (c) CONFORMING AMENDMENTS.— seminated pursuant to this title.
labor or services safely and effectively because (1) SOCIAL SECURITY ACT.—Section 210(a)(1) of SEC. 130. PENALTIES FOR FALSE STATEMENTS IN
of— the Social Security Act (42 U.S.C. 410(a)(1)) is APPLICATIONS.
(I) a permanent disability suffered while en- amended by inserting before the semicolon the (a) CRIMINAL PENALTY.—Any person who—
gaging in agricultural labor or services; or following: ‘‘(other than aliens granted certified (1) files an application for certified agricul-
(II) deteriorating health or physical ability agricultural worker status or certified agricul- tural worker status or adjustment of status
combined with advanced age. tural dependent status under title I of the Farm under this title and knowingly falsifies, con-
(B) DISABILITY.—In establishing the proce- Work Modernization Act of 2021’’. ceals, or covers up a material fact or makes any
dures described in subparagraph (A), the Sec- (2) INTERNAL REVENUE CODE OF 1986.—Section false, fictitious, or fraudulent statements or rep-
retary shall consult with the Secretary of 3121(b)(1) of the Internal Revenue Code of 1986 resentations, or makes or uses any false writing
Health and Human Services and the Commis- is amended by inserting before the semicolon the or document knowing the same to contain any
sioner of Social Security to define ‘‘permanent following: ‘‘(other than aliens granted certified false, fictitious, or fraudulent statement or
disability’’ for purposes of a waiver under sub- agricultural worker status or certified agricul- entry; or
paragraph (A)(iii)(I). tural dependent status under title I of the Farm (2) creates or supplies a false writing or docu-
SEC. 127. EMPLOYER PROTECTIONS. Work Modernization Act of 2021’’. ment for use in making such an application,
(3) EFFECTIVE DATE.—The amendments made shall be fined in accordance with title 18, United
(a) CONTINUING EMPLOYMENT.—An employer
by this subsection shall apply with respect to States Code, imprisoned not more than 5 years,
that continues to employ an alien knowing that
service performed after the date of the enact- or both.
the alien intends to apply for certified agricul-
ment of this Act. (b) INADMISSIBILITY.—An alien who is con-
tural worker status under subtitle A shall not victed under subsection (a) shall be deemed in-
violate section 274A(a)(2) of the Immigration (d) AUTOMATED SYSTEM TO ASSIGN SOCIAL SE-
CURITY ACCOUNT NUMBERS.—Section admissible to the United States under section
and Nationality Act (8 U.S.C. 1324a(a)(2)) by 212(a)(6)(C)(i) of the Immigration and Nation-
continuing to employ the alien for the duration 205(c)(2)(B) of the Social Security Act (42 U.S.C.
405(c)(2)(B)) is amended by adding at the end ality Act (8 U.S.C. 1182(a)(6)(C)(i)).
of the application period under section 101(c), (c) DEPOSIT.—Fines collected under subsection
and with respect to an alien who applies for cer- the following:
‘‘(iv) The Commissioner of Social Security (a) shall be deposited into the Immigration Ex-
tified agricultural status, for the duration of the aminations Fee Account pursuant to section
period during which the alien’s application is shall, to the extent practicable, coordinate with
the Secretary of the Department of Homeland 286(m) of the Immigration and Nationality Act
pending final determination. (8 U.S.C. 1356(m)).
(b) USE OF EMPLOYMENT RECORDS.—Copies of Security to implement an automated system for
the Commissioner to assign social security ac- SEC. 131. DISSEMINATION OF INFORMATION.
employment records or other evidence of employ-
count numbers to aliens granted certified agri- (a) IN GENERAL.—Beginning not later than
ment provided by an alien or by an alien’s em-
cultural worker status or certified agricultural the first day of the application period described
ployer in support of an alien’s application for
dependent status under title I of the Farm Work in section 101(c)—
certified agricultural worker or adjustment of (1) the Secretary of Homeland Security, in co-
status under this title may not be used in a civil Modernization Act of 2021. An alien who is
granted such status, and who was not pre- operation with qualified designated entities,
or criminal prosecution or investigation of that shall broadly disseminate information described
employer under section 274A of the Immigration viously assigned a social security account num-
ber, shall request assignment of a social security in subsection (b); and
and Nationality Act (8 U.S.C. 1324a) or the In- (2) the Secretary of Agriculture, in consulta-
ternal Revenue Code of 1986 for the prior un- account number and a social security card from
the Commissioner through such system. The Sec- tion with the Secretary of Homeland Security,
lawful employment of that alien regardless of shall disseminate to agricultural employers a
the outcome of such application. retary shall collect and provide to the Commis-
sioner such information as the Commissioner document containing the information described
(c) ADDITIONAL PROTECTIONS.—Employers in subsection (b) for posting at employer work-
that provide unauthorized aliens with copies of deems necessary for the Commissioner to assign
a social security account number, which infor- sites.
employment records or other evidence of employ- (b) INFORMATION DESCRIBED.—The informa-
ment in support of an application for certified mation may be used by the Commissioner for
tion described in this subsection shall include—
agricultural worker status or adjustment of sta- any purpose for which the Commissioner is oth-
(1) the benefits that aliens may receive under
tus under this title shall not be subject to civil erwise authorized under Federal law. The Com-
this title; and
and criminal liability pursuant to such section missioner may maintain, use, and disclose such (2) the requirements that an alien must meet
274A for employing such unauthorized aliens. information only as permitted by the Privacy to receive such benefits.
Records or other evidence of employment pro- Act and other Federal law.’’.
SEC. 132. EXEMPTION FROM NUMERICAL LIMITA-
vided by employers in response to a request for SEC. 129. DISCLOSURES AND PRIVACY. TIONS.
such records for the purpose of establishing eli- (a) IN GENERAL.—The Secretary may not dis- The numerical limitations under title II of the
gibility for status under this title may not be close or use information provided in an applica- Immigration and Nationality Act (8 U.S.C. 1151
used for any purpose other than establishing tion for certified agricultural worker status or et seq.) shall not apply to the adjustment of
such eligibility. adjustment of status under this title (including aliens to lawful permanent resident status
(d) LIMITATION ON PROTECTION.—The protec- information provided during administrative or under this title, and such aliens shall not be
tions for employers under this section shall not judicial review) for the purpose of immigration counted toward any such numerical limitation.
apply if the employer provides employment enforcement. SEC. 133. REPORTS TO CONGRESS.
records to the alien that are determined to be (b) REFERRALS PROHIBITED.—The Secretary, Not later than 180 days after the publication
fraudulent. based solely on information provided in an ap- of the final rule under section 122(a), and annu-
SEC. 128. CORRECTION OF SOCIAL SECURITY plication for certified agricultural worker status ally thereafter for the following 10 years, the
RECORDS; CONFORMING AMEND- or adjustment of status under this title (includ- Secretary shall submit a report to Congress that
MENTS. ing information provided during administrative identifies, for the previous fiscal year—
(a) IN GENERAL.—Section 208(e)(1) of the So- or judicial review), may not refer an applicant (1) the number of principal aliens who applied
cial Security Act (42 U.S.C. 408(e)(1)) is amend- to U.S. Immigration and Customs Enforcement, for certified agricultural worker status under
ed— U.S. Customs and Border Protection, or any subtitle A, and the number of dependent spouses
(1) in subparagraph (B)(ii), by striking ‘‘or’’ designee of either such entity. and children included in such applications;
at the end; (c) EXCEPTIONS.—Notwithstanding subsections (2) the number of principal aliens who were
(2) in subparagraph (C), by inserting ‘‘or’’ at (a) and (b), information provided in an applica- granted certified agricultural worker status
the end; tion for certified agricultural worker status or under subtitle A, and the number of dependent
(3) by inserting after subparagraph (C) the adjustment of status under this title may be spouses and children who were granted certified
following: shared with Federal security and law enforce- agricultural dependent status;
‘‘(D) who is granted certified agricultural ment agencies— (3) the number of principal aliens who applied
worker status, certified agricultural dependent (1) for assistance in the consideration of an for an extension of their certified agricultural
status, or lawful permanent resident status application under this title; worker status under subtitle A, and the number
under title I of the Farm Work Modernization (2) to identify or prevent fraudulent claims or of dependent spouses and children included in
Act of 2021,’’; and schemes; such applications;
(4) in the undesignated matter following sub- (3) for national security purposes; or (4) the number of principal aliens who were
paragraph (D), as added by paragraph (3), by (4) for the investigation or prosecution of any granted an extension of certified agricultural
striking ‘‘1990.’’ and inserting ‘‘1990, or in the felony not related to immigration status. worker status under subtitle A, and the number
ctelli on DSK11ZRN23PROD with HOUSE
case of an alien described in subparagraph (D), (d) PENALTY.—Any person who knowingly of dependent spouses and children who were
if such conduct is alleged to have occurred be- uses, publishes, or permits information to be ex- granted certified agricultural dependent status
fore the date on which the alien was granted amined in violation of this section shall be fined under such an extension;
status under title I of the Farm Work Mod- not more than $10,000. (5) the number of principal aliens who applied
ernization Act of 2021.’’. (e) PRIVACY.—The Secretary shall ensure that for adjustment of status under subtitle B, and
(b) EFFECTIVE DATE.—The amendments made appropriate administrative and physical safe- the number of dependent spouses and children
by subsection (a) shall take effect on the first guards are in place to protect the security, con- included in such applications;
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H1532 CONGRESSIONAL RECORD — HOUSE March 18, 2021
(6) the number of principal aliens who were which a petition for an H–2A worker may be when appropriate, with all applicable require-
granted lawful permanent resident status under filed. Such platform shall— ments under this section, including the fol-
subtitle B, and the number of spouses and chil- (A) serve as a single point of access for an em- lowing:
dren who were granted such status as depend- ployer to input all information and supporting ‘‘(1) NEED FOR LABOR OR SERVICES.—The em-
ents; documentation required for obtaining labor cer- ployer has described the need for agricultural
(7) the number of principal aliens included in tification from the Secretary of Labor and the labor or services in a job order that includes a
petitions described in section 101(e), and the adjudication of the H–2A petition by the Sec- description of the nature and location of the
number of dependent spouses and children in- retary of Homeland Security; work to be performed, the material terms and
cluded in such applications; and (B) serve as a single point of access for the conditions of employment, the anticipated pe-
(8) the number of principal aliens who were Secretary of Homeland Security, the Secretary riod or periods (expected start and end dates)
granted H–2A status pursuant to petitions de- of Labor, and State workforce agencies to con- for which the workers will be needed, and the
scribed in section 101(e), and the number of de- currently perform their respective review and number of job opportunities in which the em-
pendent spouses and children who were granted adjudicatory responsibilities in the H–2A proc- ployer seeks to employ the workers.
H–4 status. ess; ‘‘(2) NONDISPLACEMENT OF UNITED STATES
SEC. 134. GRANT PROGRAM TO ASSIST ELIGIBLE (C) facilitate communication between employ- WORKERS.—The employer has not and will not
APPLICANTS. ers and agency adjudicators, including by al- displace United States workers employed by the
(a) ESTABLISHMENT.—The Secretary shall es- lowing employers to— employer during the period of employment of the
tablish a program to award grants, on a com- (i) receive and respond to notices of deficiency H–2A worker and during the 60-day period im-
petitive basis, to eligible nonprofit organizations and requests for information; mediately preceding such period of employment
to assist eligible applicants under this title by (ii) submit requests for inspections and licens- in the job for which the employer seeks approval
providing them with the services described in ing; to employ the H–2A worker.
subsection (c). (iii) receive notices of approval and denial; ‘‘(3) STRIKE OR LOCKOUT.—Each place of em-
(b) ELIGIBLE NONPROFIT ORGANIZATION.—For and ployment described in the petition is not, at the
purposes of this section, the term ‘‘eligible non- (iv) request reconsideration or appeal of agen- time of filing the petition and until the petition
profit organization’’ means an organization de- cy decisions; and is approved, subject to a strike or lockout in the
scribed in section 501(c)(3) of the Internal Rev- (D) provide information to the Secretary of course of a labor dispute.
enue Code of 1986 (excluding a recipient of State and U.S. Customs and Border Protection ‘‘(4) RECRUITMENT OF UNITED STATES WORK-
funds under title X of the Economic Oppor- necessary for the efficient and secure processing ERS.—The employer shall engage in the recruit-
tunity Act of 1964 (42 U.S.C. 2996 et seq.)) that of H–2A visas and applications for admission. ment of United States workers as described in
has demonstrated qualifications, experience, (2) OBJECTIVES.—In developing the platform subsection (c) and shall hire such workers who
and expertise in providing quality services to described in paragraph (1), the Secretary of are able, willing and qualified, and who will be
farm workers or aliens. Homeland Security, in consultation with the available at the time and place needed, to per-
(c) USE OF FUNDS.—Grant funds awarded Secretary of Labor, the Secretary of Agriculture, form the agricultural labor or services described
under this section may be used for the design the Secretary of State, and United States Digital in the petition. The employer may reject a
and implementation of programs that provide— Service, shall streamline and improve the H–2A United States worker only for lawful, job-re-
(1) information to the public regarding the eli- process, including by— lated reasons.
gibility and benefits of certified agricultural (A) eliminating the need for employers to sub- ‘‘(5) WAGES, BENEFITS, AND WORKING CONDI-
worker status authorized under this title; and mit duplicate information and documentation to TIONS.—The employer shall offer and provide, at
(2) assistance, within the scope of authorized multiple agencies; a minimum, the wages, benefits, and working
practice of immigration law, to individuals sub- (B) eliminating redundant processes, where a conditions required by this section to the H–2A
mitting applications for certified agricultural single matter in a petition is adjudicated by worker and all workers who are similarly em-
worker status or adjustment of status under this more than one agency; ployed. The employer—
title, including— (C) reducing the occurrence of common peti- ‘‘(A) shall offer such similarly employed work-
(A) screening prospective applicants to assess tion errors, and otherwise improving and expe- ers not less than the same benefits, wages, and
their eligibility for such status; diting the processing of H–2A petitions; and working conditions that the employer is offering
(B) completing applications, including pro- (D) ensuring compliance with H–2A program or will provide to the H–2A worker; and
viding assistance in obtaining necessary docu- requirements and the protection of the wages ‘‘(B) may not impose on such similarly em-
ments and supporting evidence; and and working conditions of workers. ployed workers any restrictions or obligations
(C) providing any other assistance that the (b) ONLINE JOB REGISTRY.—The Secretary of that will not be imposed on the H–2A worker.
Secretary determines useful to assist aliens in Labor shall maintain a national, publicly-acces- ‘‘(6) WORKERS’ COMPENSATION.—If the job op-
applying for certified agricultural worker status sible online job registry and database of all job portunity is not covered by or is exempt from the
or adjustment of status under this title. orders submitted by H–2A employers. The reg- State workers’ compensation law, the employer
(d) SOURCE OF FUNDS.—In addition to any istry and database shall— shall provide, at no cost to the worker, insur-
funds appropriated to carry out this section, the (1) be searchable using relevant criteria, in- ance covering injury and disease arising out of,
Secretary may use up to $10,000,000 from the Im- cluding the types of jobs needed to be filled, the and in the course of, the worker’s employment
migration Examinations Fee Account under sec- date(s) and location(s) of need, and the em- which will provide benefits at least equal to
tion 286(m) of the Immigration and Nationality ployer(s) named in the job order; those provided under the State workers’ com-
Act (8 U.S.C. 1356(m)) to carry out this section. (2) provide an interface for workers in pensation law.
(e) ELIGIBILITY FOR SERVICES.—Section English, Spanish, and any other language that ‘‘(7) COMPLIANCE WITH LABOR AND EMPLOY-
504(a)(11) of Public Law 104–134 (110 Stat. 1321– the Secretary of Labor determines to be appro- MENT LAWS.—The employer shall comply with
53 et seq.) shall not be construed to prevent a re- priate; and all applicable Federal, State and local employ-
cipient of funds under title X of the Economic (3) provide for public access of job orders ap- ment-related laws and regulations.
Opportunity Act of 1964 (42 U.S.C. 2996 et seq.) proved under section 218(h)(2) of the Immigra- ‘‘(8) COMPLIANCE WITH WORKER PROTEC-
from providing legal assistance directly related TIONS.—The employer shall comply with section
tion and Nationality Act.
to an application for status under this title or to 204 of the Farm Workforce Modernization Act of
SEC. 202. H–2A PROGRAM REQUIREMENTS.
an alien granted such status. 2021.
Section 218 of the Immigration and Nation- ‘‘(9) COMPLIANCE WITH FOREIGN LABOR RE-
SEC. 135. AUTHORIZATION OF APPROPRIATIONS.
ality Act (8 U.S.C. 1188) is amended to read as CRUITMENT LAWS.—The employer shall comply
There is authorized to be appropriated to the
follows: with subtitle C of title II of the Farm Workforce
Secretary, such sums as may be necessary to im-
‘‘SEC. 218. ADMISSION OF TEMPORARY H–2A Modernization Act of 2021.
plement this title, including any amounts need- WORKERS.
ed for costs associated with the initiation of ‘‘(c) RECRUITING REQUIREMENTS.—
‘‘(a) LABOR CERTIFICATION CONDITIONS.—The ‘‘(1) IN GENERAL.—The employer may satisfy
such implementation, for each of fiscal years
Secretary of Homeland Security may not ap- the recruitment requirement described in sub-
2022 through 2024.
prove a petition to admit an H–2A worker unless section (b)(4) by satisfying all of the following:
TITLE II—ENSURING AN AGRICULTURAL the Secretary of Labor has certified that— ‘‘(A) JOB ORDER.—As provided in subsection
WORKFORCE FOR THE FUTURE ‘‘(1) there are not sufficient United States (h)(1), the employer shall complete a job order
Subtitle A—Reforming the H–2A Temporary workers who are able, willing and qualified, and for posting on the electronic job registry main-
Worker Program who will be available at the time and place tained by the Secretary of Labor and for dis-
SEC. 201. COMPREHENSIVE AND STREAMLINED needed, to perform the agricultural labor or tribution by the appropriate State workforce
ELECTRONIC H–2A PLATFORM. services described in the petition; and agency. Such posting shall remain on the job
(a) STREAMLINED H–2A PLATFORM.— ‘‘(2) the employment of the H–2A worker in registry as an active job order through the pe-
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(1) IN GENERAL.—Not later than 12 months such labor or services will not adversely affect riod described in paragraph (2)(B).
after the date of the enactment of this Act, the the wages and working conditions of workers in ‘‘(B) FORMER WORKERS.—At least 45 days be-
Secretary of Homeland Security, in consultation the United States who are similarly employed. fore each start date identified in the petition,
with the Secretary of Labor, the Secretary of ‘‘(b) H–2A PETITION REQUIREMENTS.—An em- the employer shall—
Agriculture, the Secretary of State, and United ployer filing a petition for an H–2A worker to ‘‘(i) make reasonable efforts to contact any
States Digital Service, shall ensure the estab- perform agricultural labor or services shall at- United States worker the employer employed in
lishment of an electronic platform through test to and demonstrate compliance, as and the previous year in the same occupation and
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March 18, 2021 CONGRESSIONAL RECORD — HOUSE H1533
area of intended employment for which an H–2A ‘‘(A) IN GENERAL.—Except as provided under Secretary of Labor of an updated adverse effect
worker is sought (excluding workers who were subparagraph (B), the applicable adverse effect wage rate or prevailing wage for a State and oc-
terminated for cause or abandoned the work- wage rate for each State and occupational clas- cupational classification shall not affect the
site); and sification for a calendar year shall be as fol- wage rate guaranteed in any approved job order
‘‘(ii) post such job opportunity in a con- lows: for which recruitment efforts have commenced
spicuous location or locations at the place of ‘‘(i) The annual average hourly wage for the at the time of publication.
employment. occupational classification in the State or region ‘‘(C) EXCEPTION FOR YEAR-ROUND JOBS.—If
‘‘(C) POSITIVE RECRUITMENT.—During the pe- as reported by the Secretary of Agriculture the Secretary of Labor publishes an updated ad-
riod of recruitment, the employer shall complete based on a wage survey conducted by such Sec- verse effect wage rate or prevailing wage for a
any other positive recruitment steps within a retary. State and occupational classification concerning
multi-State region of traditional or expected ‘‘(ii) If a wage described in clause (i) is not re- a petition described in subsection (i), and the
labor supply where the Secretary of Labor finds ported, the national annual average hourly updated wage is higher than the wage rate
that there are a significant number of qualified wage for the occupational classification as re- guaranteed in the work contract, the employer
United States workers who, if recruited, would ported by the Secretary of Agriculture based on shall pay the updated wage not later than 14
be willing to make themselves available for work a wage survey conducted by such Secretary. days after publication of the updated wage in
at the time and place needed. ‘‘(iii) If a wage described in clause (i) or (ii) the Federal Register.
‘‘(2) PERIOD OF RECRUITMENT.— is not reported, the Statewide annual average ‘‘(5) WORKERS PAID ON A PIECE RATE OR OTHER
‘‘(A) IN GENERAL.—For purposes of this sub- hourly wage for the standard occupational clas- INCENTIVE BASIS.—If an employer pays by the
section, the period of recruitment begins on the sification as reported by the Secretary of Labor piece rate or other incentive method and re-
date on which the job order is posted on the on- based on a wage survey conducted by such Sec- quires one or more minimum productivity stand-
line job registry and ends on the date that H–2A retary. ards as a condition of job retention, such stand-
workers depart for the employer’s place of em- ‘‘(iv) If a wage described in clause (i), (ii), or ards shall be specified in the job order and shall
ployment. For a petition involving more than (iii) is not reported, the national average hourly
be no more than those normally required (at the
one start date under subsection (h)(1)(C), the wage for the occupational classification as re-
time of the first petition for H–2A workers) by
end of the period of recruitment shall be deter- ported by the Secretary of Labor based on a
other employers for the activity in the area of
mined by the date of departure of the H–2A wage survey conducted by such Secretary.
‘‘(B) LIMITATIONS ON WAGE FLUCTUATIONS.— intended employment, unless the Secretary of
workers for the final start date identified in the Labor approves a higher minimum standard re-
‘‘(i) WAGE FREEZE FOR CALENDAR YEAR 2022.—
petition. sulting from material changes in production
‘‘(B) REQUIREMENT TO HIRE US WORKERS.— For calendar year 2022, the adverse effect wage
rate for each State and occupational classifica- methods.
‘‘(i) IN GENERAL.—Notwithstanding the limita- ‘‘(6) GUARANTEE OF EMPLOYMENT.—
tions of subparagraph (A), the employer will tion under this subsection shall be the adverse
‘‘(A) OFFER TO WORKER.—The employer shall
provide employment to any qualified United effect wage rate that was in effect for H–2A
guarantee the worker employment for the hour-
States worker who applies to the employer for workers in the applicable State on the date of
ly equivalent of at least three-fourths of the
any job opportunity included in the petition the introduction of the Farm Workforce Mod-
work days of the total period of employment, be-
until the later of— ernization Act of 2021.
‘‘(ii) CALENDAR YEARS 2023 THROUGH 2031.—For ginning with the first work day after the arrival
‘‘(I) the date that is 30 days after the date on of the worker at the place of employment and
which work begins; or each of calendar years 2023 through 2031, the
adverse effect wage rate for each State and oc- ending on the date specified in the job offer. For
‘‘(II) the date on which— purposes of this subparagraph, the hourly
‘‘(aa) 33 percent of the work contract for the cupational classification under this subsection
shall be the wage calculated under subpara- equivalent means the number of hours in the
job opportunity has elapsed; or work days as stated in the job offer and shall
‘‘(bb) if the employer is a labor contractor, 50 graph (A), except that such wage may not—
‘‘(I) be more than 1.5 percent lower than the exclude the worker’s Sabbath and Federal holi-
percent of the work contract for the job oppor-
wage in effect for H–2A workers in the applica- days. If the employer affords the worker less em-
tunity has elapsed.
‘‘(ii) STAGGERED ENTRY.—For a petition in- ble State and occupational classification in the ployment than that required under this para-
volving more than one start date under sub- immediately preceding calendar year; graph, the employer shall pay the worker the
section (h)(1)(C), each start date designated in ‘‘(II) except as provided in clause (III), be amount which the worker would have earned
the petition shall establish a separate job oppor- more than 3.25 percent higher than the wage in had the worker, in fact, worked for the guaran-
tunity. An employer may not reject a United effect for H–2A workers in the applicable State teed number of hours.
and occupational classification in the imme- ‘‘(B) FAILURE TO WORK.—Any hours which
States worker because the worker is unable or
diately preceding calendar year; and the worker fails to work, up to a maximum of
unwilling to fill more than one job opportunity
‘‘(III) if the application of clause (II) results the number of hours specified in the job offer for
included in the petition.
in a wage that is lower than 110 percent of the a work day, when the worker has been offered
‘‘(iii) EXCEPTION.—Notwithstanding clause (i),
the employer may offer a job opportunity to an applicable Federal or State minimum wage, be an opportunity to do so, and all hours of work
H–2A worker instead of an alien granted cer- more than 4.25 percent higher than the wage in actually performed (including voluntary work
tified agricultural worker status under title I of effect for H–2A workers in the applicable State in excess of the number of hours specified in the
the Farm Workforce Modernization Act of 2021 and occupational classification in the imme- job offer in a work day, on the worker’s Sab-
if the H–2A worker was employed by the em- diately preceding calendar year. bath, or on Federal holidays) may be counted by
ployer in each of 3 years during the most recent ‘‘(iii) CALENDAR YEARS AFTER 2031.—For any the employer in calculating whether the period
4-year period. calendar year after 2031, the applicable wage of guaranteed employment has been met.
rate described in paragraph (1)(B) shall be the ‘‘(C) ABANDONMENT OF EMPLOYMENT; TERMI-
‘‘(3) RECRUITMENT REPORT.—
wage rate established pursuant to paragraph NATION FOR CAUSE.—If the worker voluntarily
‘‘(A) IN GENERAL.—The employer shall main-
tain a recruitment report through the applicable (7)(D). Until such wage rate is effective, the ad- abandons employment without good cause be-
period described in paragraph (2)(B) and submit verse effect wage rate for each State and occu- fore the end of the contract period, or is termi-
regular updates through the electronic platform pational classification under this subsection nated for cause, the worker is not entitled to the
on the results of recruitment. The employer shall be the wage calculated under subpara- guarantee of employment described in subpara-
shall retain the recruitment report, and all asso- graph (A), except that such wage may not be graph (A).
more than 1.5 percent lower or 3.25 percent ‘‘(D) CONTRACT IMPOSSIBILITY.—If, before the
ciated recruitment documentation, for a period
higher than the wage in effect for H–2A workers expiration of the period of employment specified
of 3 years from the date of certification.
‘‘(B) BURDEN OF PROOF.—If the employer as- in the applicable State and occupational classi- in the job offer, the services of the worker are no
serts that any eligible individual who has ap- fication in the immediately preceding calendar longer required for reasons beyond the control
plied or been referred is not able, willing or year. of the employer due to any form of natural dis-
qualified, the employer bears the burden of ‘‘(3) MULTIPLE OCCUPATIONS.—If the primary aster before the guarantee in subparagraph (A)
proof to establish that the individual is not able, job duties for the job opportunity described in is fulfilled, the employer may terminate the
willing or qualified because of a lawful, employ- the petition do not fall within a single occupa- worker’s employment. In the event of such ter-
ment-related reason. tional classification, the applicable wage rates mination, the employer shall fulfill the employ-
‘‘(d) WAGE REQUIREMENTS.— under subparagraphs (B) and (C) of paragraph ment guarantee in subparagraph (A) for the
‘‘(1) IN GENERAL.—Each employer under this (1) for the job opportunity shall be based on the work days that have elapsed from the first work
section will offer the worker, during the period highest such wage rates for all applicable occu- day after the arrival of the worker to the termi-
of authorized employment, wages that are at pational classifications. nation of employment. The employer shall make
least the greatest of— ‘‘(4) PUBLICATION; WAGES IN EFFECT.— efforts to transfer a worker to other comparable
‘‘(A) the agreed-upon collective bargaining ‘‘(A) PUBLICATION.—Prior to the start of each employment acceptable to the worker. If such
wage; calendar year, the Secretary of Labor shall pub- transfer is not affected, the employer shall pro-
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‘‘(B) the adverse effect wage rate (or any suc- lish the applicable adverse effect wage rate (or vide the return transportation required in sub-
cessor wage established under paragraph (7)); successor wage rate, if any), and prevailing section (f)(2).
‘‘(C) the prevailing wage (hourly wage or wage if available, for each State and occupa- ‘‘(7) WAGE STANDARDS AFTER 2031.—
piece rate); or tional classification through notice in the Fed- ‘‘(A) STUDY OF ADVERSE EFFECT WAGE RATE.—
‘‘(D) the Federal or State minimum wage. eral Register. Beginning in fiscal year 2028, the Secretary of
‘‘(2) ADVERSE EFFECT WAGE RATE DETERMINA- ‘‘(B) JOB ORDERS IN EFFECT.—Except as pro- Agriculture and Secretary of Labor shall jointly
TIONS.— vided in subparagraph (C), publication by the conduct a study that addresses—
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H1534 CONGRESSIONAL RECORD — HOUSE March 18, 2021
‘‘(i) whether the employment of H–2A workers employer will file a petition under this section; ‘‘(C) PETITIONS INVOLVING STAGGERED
has depressed the wages of United States farm and ENTRY.—
workers; ‘‘(ii) annual inspection of housing for workers ‘‘(i) IN GENERAL.—Except as provided in
‘‘(ii) whether an adverse effect wage rate is who are engaged in agricultural employment clause (ii), an employer may file a petition in-
necessary to protect the wages of United States that is not of a seasonal or temporary nature. volving employment in the same occupational
farm workers in occupations in which H–2A ‘‘(f) TRANSPORTATION REQUIREMENTS.— classification and same area of intended em-
workers are employed; ‘‘(1) TRAVEL TO PLACE OF EMPLOYMENT.—A ployment with multiple start dates if—
‘‘(iii) whether alternative wage standards worker who completes 50 percent of the period of ‘‘(I) the petition involves temporary or sea-
would be sufficient to prevent wages in occupa- employment specified in the job order shall be sonal employment and no more than 10 start
tions in which H–2A workers are employed from reimbursed by the employer for the cost of the dates;
falling below the wage level that would have worker’s transportation and subsistence from ‘‘(II) the multiple start dates share a common
prevailed in the absence of H–2A employment; the place from which the worker came to work end date;
‘‘(iv) whether any changes are warranted in for the employer (or place of last employment, if ‘‘(III) no more than 120 days separate the first
the current methodologies for calculating the the worker traveled from such place) to the start date and the final start date listed in the
adverse effect wage rate and the prevailing place of employment. petition; and
wage rate; and ‘‘(2) TRAVEL FROM PLACE OF EMPLOYMENT.— ‘‘(IV) the need for multiple start dates arises
‘‘(v) recommendations for future wage protec- For a worker who completes the period of em- from variations in labor needs associated with
tion under this section. ployment specified in the job order or who is ter- the job opportunity identified in the petition.
‘‘(B) FINAL REPORT.—Not later than October minated without cause, the employer shall pro- ‘‘(ii) LABOR CONTRACTORS.—A labor con-
1, 2029, the Secretary of Agriculture and Sec- vide or pay for the worker’s transportation and tractor may not file a petition described in
retary of Labor shall jointly prepare and submit subsistence from the place of employment to the clause (i) unless the labor contractor—
‘‘(I) is filing as a joint employer with its
a report to the Congress setting forth the find- place from which the worker, disregarding inter-
contractees, or is operating in a State in which
ings of the study conducted under subpara- vening employment, came to work for the em-
joint employment and liability between the labor
graph (A) and recommendations for future wage ployer, or to the place of next employment, if
contractor and its contractees is otherwise es-
protections under this section. the worker has contracted with a subsequent
‘‘(C) CONSULTATION.—In conducting the study tablished; or
employer who has not agreed to provide or pay ‘‘(II) has posted and is maintaining a pre-
under subparagraph (A) and preparing the re- for the worker’s transportation and subsistence mium surety bond as described in subsection
port under subparagraph (B), the Secretary of to such subsequent employer’s place of employ- (l)(1).
Agriculture and Secretary of Labor shall consult ment. ‘‘(2) LABOR CERTIFICATION.—
with representatives of agricultural employers ‘‘(3) LIMITATION.— ‘‘(A) REVIEW OF JOB ORDER.—
and an equal number of representatives of agri- ‘‘(A) AMOUNT OF REIMBURSEMENT.—Except as ‘‘(i) IN GENERAL.—The Secretary of Labor, in
cultural workers, at the national, State and provided in subparagraph (B), the amount of re- consultation with the relevant State workforce
local level. imbursement provided under paragraph (1) or agency, shall review the job order for compli-
‘‘(D) WAGE DETERMINATION AFTER 2031.—Upon (2) to a worker need not exceed the lesser of— ance with this section and notify the employer
publication of the report described in subpara- ‘‘(i) the actual cost to the worker of the trans- through the electronic platform of any defi-
graph (B), the Secretary of Labor, in consulta- portation and subsistence involved; or ciencies not later than 7 business days from the
tion with and the approval of the Secretary of ‘‘(ii) the most economical and reasonable com- date the employer submits the necessary infor-
Agriculture, shall make a rule to establish a mon carrier transportation charges and subsist- mation required under paragraph (1)(A). The
process for annually determining the wage rate ence costs for the distance involved. employer shall be provided 5 business days to re-
for purposes of paragraph (1)(B) for fiscal years ‘‘(B) DISTANCE TRAVELED.—For travel to or spond to any such notice of deficiency.
after 2031. Such process shall be designed to en- from the worker’s home country, if the travel ‘‘(ii) STANDARD.—The job order must include
sure that the employment of H–2A workers does distance between the worker’s home and the rel- all material terms and conditions of employ-
not undermine the wages and working condi- evant consulate is 50 miles or less, reimburse- ment, including the requirements of this section,
tions of similarly employed United States work- ment for transportation and subsistence may be and must be otherwise consistent with the min-
ers. based on transportation to or from the con- imum standards provided under Federal, State
‘‘(e) HOUSING REQUIREMENTS.—Employers sulate. or local law. In considering the question of
shall furnish housing in accordance with regu- ‘‘(g) HEAT ILLNESS PREVENTION PLAN.— whether a specific qualification is appropriate
lations established by the Secretary of Labor. ‘‘(1) IN GENERAL.—The employer shall main- in a job order, the Secretary of Labor shall
Such regulations shall be consistent with the tain a reasonable plan that describes the em- apply the normal and accepted qualification re-
following: ployer’s procedures for the prevention of heat quired by non-H–2A employers in the same or
‘‘(1) IN GENERAL.—The employer shall be per- illness, including appropriate training, access to comparable occupations and crops.
mitted at the employer’s option to provide hous- water and shade, the provision of breaks, and ‘‘(iii) EMERGENCY PROCEDURES.—The Sec-
ing meeting applicable Federal standards for the protocols for emergency response. Such plan retary of Labor shall establish emergency proce-
temporary labor camps or to secure housing shall— dures for the curing of deficiencies that cannot
which meets the local standards for rental and/ ‘‘(A) be in writing in English and, to the ex- be resolved during the period described in clause
or public accommodations or other substantially tent necessary, any language common to a sig- (i).
similar class of habitation: Provided, That in nificant portion of the workers if they are not ‘‘(B) APPROVAL OF JOB ORDER.—
the absence of applicable local standards, State fluent in English; and ‘‘(i) IN GENERAL.—Upon approval of the job
standards for rental and/or public accommoda- ‘‘(B) be posted at a conspicuous location at order, the Secretary of Labor shall immediately
tions or other substantially similar class of habi- the worksite and provided to employees prior to place for public examination a copy of the job
tation shall be met: Provided further, That in the commencement of labor or services. order on the online job registry, and the State
the absence of applicable local or State stand- ‘‘(2) CLARIFICATION.—Nothing in this sub- workforce agency serving the area of intended
ards, Federal temporary labor camp standards section is intended to limit any other Federal or employment shall commence the recruitment of
shall apply. State authority to promulgate, enforce, or main- United States workers.
‘‘(2) FAMILY HOUSING.—Except as otherwise tain health and safety standards related to ‘‘(ii) REFERRAL OF UNITED STATES WORKERS.—
provided in subsection (i)(5), the employer shall heat-related illness. The Secretary of Labor and State workforce
provide family housing to workers with families ‘‘(h) H–2A PETITION PROCEDURES.— agency shall keep the job order active until the
who request it when it is the prevailing practice ‘‘(1) SUBMISSION OF PETITION AND JOB end of the period described in subsection (c)(2)
in the area and occupation of intended employ- ORDER.— and shall refer to the employer each United
ment to provide family housing. ‘‘(A) IN GENERAL.—The employer shall submit States worker who applies for the job oppor-
‘‘(3) UNITED STATES WORKERS.—Notwith- information required for the adjudication of the tunity.
standing paragraphs (1) and (2), an employer is H–2A petition, including a job order, through ‘‘(C) REVIEW OF INFORMATION FOR DEFI-
not required to provide housing to United States the electronic platform no more than 75 cal- CIENCIES.—Within 7 business days of the ap-
workers who are reasonably able to return to endar days and no fewer than 60 calendar days proval of the job order, the Secretary of Labor
their residence within the same day. before the employer’s first date of need specified shall review the information necessary to make
‘‘(4) TIMING OF INSPECTION.— in the petition. a labor certification and notify the employer
‘‘(A) IN GENERAL.—The Secretary of Labor or ‘‘(B) FILING BY AGRICULTURAL ASSOCIA- through the electronic platform if such informa-
designee shall make a determination as to TIONS.—An association of agricultural producers tion does not meet the standards for approval.
whether the housing furnished by an employer that use agricultural services may file an H–2A Such notification shall include a description of
for a worker meets the requirements imposed by petition under subparagraph (A). If an associa- any deficiency, and the employer shall be pro-
this subsection prior to the date on which the tion is a joint or sole employer of workers who vided 5 business days to cure such deficiency.
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Secretary of Labor is required to make a certifi- perform agricultural labor or services, H–2A ‘‘(D) CERTIFICATION AND AUTHORIZATION OF
cation with respect to a petition for the admis- workers may be used for the approved job oppor- WORKERS.—Not later than 30 days before the
sion of such worker. tunities of any of the association’s producer date that labor or services are first required to
‘‘(B) TIMELY INSPECTION.—The Secretary of members and such workers may be transferred be performed, the Secretary of Labor shall issue
Labor shall provide a process for— among its producer members to perform the agri- the requested labor certification if the Secretary
‘‘(i) an employer to request inspection of hous- cultural labor or services for which the petition determines that the requirements set forth in
ing up to 60 days before the date on which the was approved. this section have been met.
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March 18, 2021 CONGRESSIONAL RECORD — HOUSE H1535
‘‘(E) EXPEDITED ADMINISTRATIVE APPEALS OF ‘‘(6) CONSTRUCTION OCCUPATIONS.—An em- ‘‘(i) such numerical limitation may not be
CERTAIN DETERMINATIONS.—The Secretary of ployer may not file a petition under this section lower than highest number of aliens admitted
Labor shall by regulation establish a procedure on behalf of a worker if the majority of the under this subsection in any of the three fiscal
for an employer to request the expedited review worker’s duties will fall within a construction or years immediately preceding the fiscal year for
of a denial of a labor certification under this extraction occupational classification. which the numerical limitation is to be estab-
section, or the revocation of such a certification. ‘‘(i) NON-TEMPORARY OR -SEASONAL NEEDS.— lished; and
Such procedure shall require the Secretary to ‘‘(1) IN GENERAL.—Notwithstanding the re- ‘‘(ii) the total number of aliens who may be
expeditiously, but no later than 72 hours after quirement in section 101(a)(15)(H)(ii)(a) that the issued visas or otherwise provided H–2A non-
expedited review is requested, issue a de novo agricultural labor or services performed by an immigrant status under paragraph (1) for that
determination on a labor certification that was H–2A worker be of a temporary or seasonal na- fiscal year may not exceed such numerical limi-
denied in whole or in part because of the avail- ture, the Secretary of Homeland Security may, tation.
ability of able, willing and qualified workers if consistent with the provisions of this subsection, ‘‘(D) EMERGENCY PROCEDURES.—The Secretary
the employer demonstrates, consistent with sub- approve a petition for an H–2A worker to per- of Agriculture and Secretary of Labor, in con-
section (c)(3)(B), that such workers are not ac- form agricultural services or labor that is not of sultation with the Secretary of Homeland Secu-
tually available at the time or place such labor a temporary or seasonal nature. rity, shall jointly establish by regulation proce-
or services are required. ‘‘(2) NUMERICAL LIMITATIONS.— dures for immediately adjusting a numerical lim-
‘‘(3) PETITION DECISION.— ‘‘(A) FIRST 3 FISCAL YEARS.—The total number itation imposed under subparagraph (B) or (C)
‘‘(A) IN GENERAL.—Not later than 7 business of aliens who may be issued visas or otherwise to account for significant labor shortages.
days after the Secretary of Labor issues the cer- provided H–2A nonimmigrant status under para- ‘‘(3) ALLOCATION OF VISAS.—
tification, the Secretary of Homeland Security graph (1) for the first fiscal year during which ‘‘(A) BI-ANNUAL ALLOCATION.—The annual al-
shall issue a decision on the petition and shall the first visa is issued under such paragraph location of visas described in paragraph (2)
transmit a notice of action to the petitioner via and for each of the following two fiscal years shall be evenly allocated between two halves of
the electronic platform. may not exceed 20,000. the fiscal year unless the Secretary of Homeland
‘‘(B) APPROVAL.—Upon approval of a petition ‘‘(B) FISCAL YEARS 4 THROUGH 10.— Security, in consultation with the Secretary of
under this section, the Secretary of Homeland ‘‘(i) IN GENERAL.—The total number of aliens Agriculture and Secretary of Labor, determines
Security shall ensure that such approval is who may be issued visas or otherwise provided that an alternative allocation would better ac-
noted in the electronic platform and is available H–2A nonimmigrant status under paragraph (1) commodate demand for visas. Any unused visas
to the Secretary of State and U.S. Customs and for the first fiscal year following the fiscal years in the first half of the fiscal year shall be added
Border Protection, as necessary, to facilitate referred to in subparagraph (A) and for each of to the allocation for the subsequent half of the
visa issuance and admission. the following 6 fiscal years may not exceed a same fiscal year.
‘‘(C) PARTIAL APPROVAL.—A petition for mul- numerical limitation jointly imposed by the Sec- ‘‘(B) RESERVE FOR DAIRY LABOR OR SERV-
tiple named beneficiaries may be partially ap-
retary of Agriculture and Secretary of Labor in ICES.—
proved with respect to eligible beneficiaries not-
accordance with clause (ii). ‘‘(i) IN GENERAL.—Of the visa numbers made
withstanding the ineligibility, or potential ineli- ‘‘(ii) ANNUAL ADJUSTMENTS.—For each fiscal available in each half of the fiscal year pursu-
gibility, of one or more other beneficiaries. year referred to in clause (i), the Secretary of
‘‘(D) POST-CERTIFICATION AMENDMENTS.—The ant to subparagraph (A), 50 percent of such
Agriculture and Secretary of Labor, in consulta- visas shall be reserved for employers filing peti-
Secretary of Labor shall provide a process for
tion with the Secretary of Homeland Security, tions seeking H–2A workers to engage in agri-
amending a request for labor certification in
conjunction with an H–2A petition, subsequent shall establish a numerical limitation for pur- cultural labor or services in the dairy industry.
to certification by the Secretary of Labor, in poses of clause (i). Such numerical limitation ‘‘(ii) EXCEPTION.—If, after 4 months have
cases in which the requested amendment does may not be lower 20,000 and may not vary by elapsed in one half of the fiscal year, the Sec-
not materially change the petition (including more than 12.5 percent compared to the numer- retary of Homeland Security determines that ap-
the job order). ical limitation applicable to the immediately pre- plication of clause (i) will result in visas going
‘‘(4) ROLES OF AGRICULTURAL ASSOCIATIONS.— ceding fiscal year. In establishing such numer- unused during that half of the fiscal year,
‘‘(A) MEMBER’S VIOLATION DOES NOT NEC- ical limitation, the Secretaries shall consider ap- clause (i) shall not apply to visas under this
ESSARILY DISQUALIFY ASSOCIATION OR OTHER propriate factors, including— paragraph during the remainder of such cal-
MEMBERS.—If an individual producer member of ‘‘(I) a demonstrated shortage of agricultural endar half.
a joint employer association is determined to workers; ‘‘(C) LIMITED ALLOCATION FOR CERTAIN SPE-
have committed an act that results in the denial ‘‘(II) the level of unemployment and under- CIAL PROCEDURES INDUSTRIES.—
of a petition with respect to the member, the de- employment of agricultural workers during the ‘‘(i) IN GENERAL.—Notwithstanding the nu-
nial shall apply only to that member of the asso- preceding fiscal year; merical limitations under paragraph (2), up to
ciation unless the Secretary of Labor determines ‘‘(III) the number of H–2A workers sought by 500 aliens may be issued visas or otherwise pro-
that the association or other member partici- employers during the preceding fiscal year to vided H–2A nonimmigrant status under para-
pated in, had knowledge of, or reason to know engage in agricultural labor or services not of a graph (1) in a fiscal year for range sheep or goat
of, the violation. temporary or seasonal nature; herding.
‘‘(B) ASSOCIATION’S VIOLATION DOES NOT NEC- ‘‘(IV) the number of such H–2A workers issued ‘‘(ii) LIMITATION.—The total number of aliens
ESSARILY DISQUALIFY MEMBERS.— a visa in the most recent fiscal year who remain in the United States in valid H–2A status under
‘‘(i) If an association representing agricul- in the United States in compliance with the clause (i) at any one time may not exceed 500.
tural producers as a joint employer is deter- terms of such visa; ‘‘(iii) CLARIFICATION.—Any visas issued under
mined to have committed an act that results in ‘‘(V) the estimated number of United States this subparagraph may not be considered for
the denial of a petition with respect to the asso- workers, including workers who obtained cer- purposes of the annual adjustments under sub-
ciation, the denial shall apply only to the asso- tified agricultural worker status under title I of paragraphs (B) and (C) of paragraph (2).
ciation and does not apply to any individual the Farm Workforce Modernization Act of 2021, ‘‘(4) ANNUAL ROUND TRIP HOME.—
producer member of the association unless the who worked during the preceding fiscal year in ‘‘(A) IN GENERAL.—In addition to the other re-
Secretary of Labor determines that the member agricultural labor or services not of a temporary quirements of this section, an employer shall
participated in, had knowledge of, or reason to or seasonal nature; provide H–2A workers employed under this sub-
know of, the violation. ‘‘(VI) the number of such United States work- section, at no cost to such workers, with annual
‘‘(ii) If an association of agricultural pro- ers who accepted jobs offered by employers round trip travel, including transportation and
ducers certified as a sole employer is determined using the online job registry during the pre- subsistence during travel, to their homes in their
to have committed an act that results in the de- ceding fiscal year; communities of origin. The employer must pro-
nial of a petition with respect to the association, ‘‘(VII) any growth or contraction of the vide such travel within 14 months of the initi-
no individual producer member of such associa- United States agricultural industry that has in- ation of the worker’s employment, and no more
tion may be the beneficiary of the services of H– creased or decreased the demand for agricul- than 14 months can elapse between each re-
2A workers in the commodity and occupation in tural workers; and quired period of travel.
which such aliens were employed by the associa- ‘‘(VIII) any changes in the real wages paid to ‘‘(B) LIMITATION.—The cost of travel under
tion which was denied during the period such agricultural workers in the United States as an subparagraph (A) need not exceed the lesser
denial is in force, unless such producer member indication of a shortage or surplus of agricul- of—
employs such aliens in the commodity and occu- tural labor. ‘‘(i) the actual cost to the worker of the trans-
pation in question directly or through an asso- ‘‘(C) SUBSEQUENT FISCAL YEARS.—For each portation and subsistence involved; or
ciation which is a joint employer of such work- fiscal year following the fiscal years referred to ‘‘(ii) the most economical and reasonable com-
ers with the producer member. in subparagraph (B), the Secretary of Agri- mon carrier transportation charges and subsist-
‘‘(5) SPECIAL PROCEDURES.—The Secretary of culture and Secretary of Labor shall jointly de- ence costs for the distance involved.
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Labor, in consultation with the Secretary of Ag- termine, in consultation with the Secretary of ‘‘(5) FAMILY HOUSING.—An employer seeking
riculture and Secretary of Homeland Security, Homeland Security, and after considering ap- to employ an H–2A worker pursuant to this sub-
may by regulation establish alternate proce- propriate factors, including those factors listed section shall offer family housing to workers
dures that reasonably modify program require- in subclauses (I) through (VIII) of subpara- with families if such workers are engaged in ag-
ments under this section, when the Secretary de- graph (B)(ii), whether to establish a numerical ricultural employment that is not of a seasonal
termines that such modifications are required limitation for that fiscal year. If a numerical or temporary nature. The worker may reject
due to the unique nature of the work involved. limitation is so established— such an offer. The employer may not charge the
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H1536 CONGRESSIONAL RECORD — HOUSE March 18, 2021
worker for the worker’s housing, except that if United States for a cumulative period of at least in subparagraphs (B) and (D) of subsection
the worker accepts family housing, a prorated 45 days. (h)(2)). An H–2A worker moving from one H–2A
rent based on the fair market value for such ‘‘(C) EXCEPTIONS.—The Secretary of Home- employer to a subsequent H–2A employer shall
housing may be charged for the worker’s family land Security shall deduct absences from the be provided with a copy of the new employment
members. United States that take place during an H–2A contract no later than the time an offer of em-
‘‘(6) WORKPLACE SAFETY PLAN FOR DAIRY EM- worker’s period of authorized stay from the pe- ployment is made by the subsequent employer.
PLOYEES.— riod that the alien is required to remain outside ‘‘(2) HOURS AND EARNINGS STATEMENTS.—The
‘‘(A) IN GENERAL.—If an employer is seeking the United States under subparagraph (B), if employer shall furnish to H–2A workers, on or
to employ a worker in agricultural labor or serv- the alien or the alien’s employer requests such a before each payday, in one or more written
ices in the dairy industry pursuant to this sub- deduction, and provides clear and convincing statements—
section, the employer must report incidents con- proof that the alien qualifies for such a deduc- ‘‘(A) the worker’s total earnings for the pay
sistent with the requirements under section tion. Such proof shall consist of evidence in- period;
1904.39 of title 29, Code of Federal Regulations, cluding, but not limited to, arrival and depar- ‘‘(B) the worker’s hourly rate of pay, piece
and maintain an effective worksite safety and ture records, copies of tax returns, and records rate of pay, or both;
compliance plan to prevent workplace accidents of employment abroad. ‘‘(C) the hours of employment offered to the
and otherwise ensure safety. Such plan shall— ‘‘(D) ADMISSION.—In addition to the maximum worker and the hours of employment actually
‘‘(i) be in writing in English and, to the extent continuous period of authorized stay, an H–2A worked;
necessary, any language common to a signifi- worker’s authorized period of admission shall ‘‘(D) if piece rates of pay are used, the units
cant portion of the workers if they are not flu- include an additional period of 10 days prior to produced daily;
ent in English; and the beginning of the period of employment for ‘‘(E) an itemization of the deductions made
‘‘(ii) be posted at a conspicuous location at the purpose of traveling to the place of employ- from the worker’s wages; and
the worksite and provided to employees prior to ment and 45 days at the end of the period of em- ‘‘(F) any other information required by Fed-
the commencement of labor or services. ployment for the purpose of traveling home or eral, State or local law.
‘‘(B) CONTENTS OF PLAN.—The Secretary of seeking an extension of status based on a subse- ‘‘(3) NOTICE OF WORKER RIGHTS.—The em-
Labor, in consultation with the Secretary of Ag- quent offer of employment if the worker has not ployer must post and maintain in a conspicuous
riculture, shall establish by regulation the min- reached the maximum continuous period of au- location at the place of employment, a poster
imum requirements for the plan described in thorized stay under subparagraph (A) (subject provided by the Secretary of Labor in English,
subparagraph (A). Such plan shall include to the exceptions in subparagraph (C)). and, to the extent necessary, any language com-
measures to— ‘‘(4) CONTINUING H–2A WORKERS.— mon to a significant portion of the workers if
‘‘(i) require workers (other than the employ- ‘‘(A) SUCCESSIVE EMPLOYMENT.—An H–2A they are not fluent in English, which sets out
er’s family members) whose positions require worker is authorized to start new or concurrent the rights and protections for workers employed
contact with animals to complete animal care employment upon the filing of a nonfrivolous H– pursuant to this section.
training, including animal handling and job- 2A petition, or as of the requested start date, ‘‘(l) LABOR CONTRACTORS; FOREIGN LABOR
specific animal care; whichever is later if— RECRUITERS; PROHIBITION ON FEES.—
‘‘(ii) protect against sexual harassment and ‘‘(i) the petition to start new or concurrent ‘‘(1) LABOR CONTRACTORS.—
violence, resolve complaints involving harass- employment was filed prior to the expiration of ‘‘(A) SURETY BOND.—An employer that is a
ment or violence, and protect against retaliation the H–2A worker’s period of admission as de- labor contractor who seeks to employ H–2A
against workers reporting harassment or vio- fined in paragraph (3)(D); and workers shall maintain a surety bond in an
lence; and ‘‘(ii) the H–2A worker has not been employed
‘‘(iii) contain other provisions necessary for amount required under subparagraph (B). Such
without authorization in the United States from bond shall be payable to the Secretary of Labor
ensuring workplace safety, as determined by the the time of last admission to the United States
Secretary of Labor, in consultation with the or pursuant to the resolution of a civil or crimi-
in H–2A status through the filing of the petition nal proceeding, for the payment of wages and
Secretary of Agriculture. for new employment.
‘‘(C) CLARIFICATION.—Nothing in this para- benefits, including any assessment of interest,
‘‘(B) PROTECTION DUE TO IMMIGRANT VISA owed to an H–2A worker or a similarly employed
graph is intended to apply to persons or entities
BACKLOGS.—Notwithstanding the limitations on United States worker, or a United States worker
that are not seeking to employ workers under
the period of authorized stay described in para- who has been rejected or displaced in violation
this section. Nothing in this paragraph is in-
graph (3), any H–2A worker who— of this section.
tended to limit any other Federal or State au-
‘‘(i) is the beneficiary of an approved petition, ‘‘(B) AMOUNT OF BOND.—The Secretary of
thority to promulgate, enforce, or maintain
filed under section 204(a)(1)(E) or (F) for pref- Labor shall annually publish in the Federal
health and safety standards related to the dairy
erence status under section 203(b)(3)(A)(iii); and Register a schedule of required bond amounts
industry.
‘‘(ii) is eligible to be granted such status but that are determined by such Secretary to be suf-
‘‘(j) ELIGIBILITY FOR H–2A STATUS AND AD-
for the annual limitations on visas under sec- ficient for labor contractors to discharge finan-
MISSION TO THE UNITED STATES.—
tion 203(b)(3)(A), cial obligations under this section based on the
‘‘(1) DISQUALIFICATION.—An alien shall be in-
eligible for admission to the United States as an may apply for, and the Secretary of Homeland number of workers the labor contractor seeks to
H–2A worker pursuant to a petition filed under Security may grant, an extension of such non- employ and the wages such workers are required
this section if the alien was admitted to the immigrant status until the Secretary of Home- to be paid.
United States as an H–2A worker within the land Security issues a final administrative deci- ‘‘(C) PREMIUM BOND.—A labor contractor
past 5 years of the date the petition was filed sion on the alien’s application for adjustment of seeking to file a petition involving more than
and— status or the Secretary of State issues a final de- one start date under subsection (h)(1)(C) shall
‘‘(A) violated a material provision of this sec- cision on the alien’s application for an immi- maintain a surety bond that is at least 15 per-
tion, including the requirement to promptly de- grant visa. cent higher than the applicable bond amount
part the United States when the alien’s author- ‘‘(5) ABANDONMENT OF EMPLOYMENT.— determined by the Secretary under subpara-
ized period of admission has expired, unless the ‘‘(A) IN GENERAL.—Except as provided in sub- graph (B).
alien has good cause for such failure to depart; paragraph (B), an H–2A worker who abandons ‘‘(D) USE OF FUNDS.—Any sums paid to the
or the employment which was the basis for the Secretary under subparagraph (A) that are not
‘‘(B) otherwise violated a term or condition of worker’s authorized stay, without good cause, paid to a worker because of the inability to do
admission into the United States as an H–2A shall be considered to have failed to maintain so within a period of 5 years following the date
worker. H–2A status and shall depart the United States of a violation giving rise to the obligation to pay
‘‘(2) VISA VALIDITY.—A visa issued to an H–2A or be subject to removal under section shall remain available to the Secretary without
worker shall be valid for 3 years and shall allow 237(a)(1)(C)(i). further appropriation until expended to support
for multiple entries during the approved period ‘‘(B) GRACE PERIOD TO SECURE NEW EMPLOY- the enforcement of this section.
of admission. MENT.—An H–2A worker shall not be considered ‘‘(2) PROHIBITION AGAINST EMPLOYEES PAYING
‘‘(3) PERIOD OF AUTHORIZED STAY; ADMIS- to have failed to maintain H–2A status solely on FEES.—Neither the employer nor its agents shall
SION.— the basis of a cessation of the employment on seek or receive payment of any kind from any
‘‘(A) IN GENERAL.—An alien admissible as an which the alien’s classification was based for a worker for any activity related to the H–2A
H–2A worker shall be authorized to stay in the period of 45 consecutive days, or until the end of process, including payment of the employer’s at-
United States for the period of employment spec- the authorized validity period, whichever is torneys’ fees, application fees, or recruitment
ified in the petition approved by the Secretary shorter, once during each authorized validity costs. An employer and its agents may receive
of Homeland Security under this section. The period. reimbursement for costs that are the responsi-
maximum continuous period of authorized stay ‘‘(k) REQUIRED DISCLOSURES.— bility and primarily for the benefit of the work-
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for an H–2A worker is 36 months. ‘‘(1) DISCLOSURE OF WORK CONTRACT.—Not er, such as government-required passport fees.
‘‘(B) REQUIREMENT TO REMAIN OUTSIDE THE later than the time the H–2A worker applies for ‘‘(3) THIRD PARTY CONTRACTS.—The contract
UNITED STATES.—In the case of an H–2A worker a visa, the employer shall provide the worker between an employer and any labor contractor
whose maximum continuous period of author- with a copy of the work contract that includes or any foreign labor recruiter (or any agent of
ized stay (including any extensions) has ex- the disclosures and rights under this section (or such labor contractor or foreign labor recruiter)
pired, the alien may not again be eligible for in the absence of such a contract, a copy of the whom the employer engages shall include a term
such stay until the alien remains outside the job order and proof of the certification described providing for the termination of such contract
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March 18, 2021 CONGRESSIONAL RECORD — HOUSE H1537
for cause if the contractor or recruiter, either di- ‘‘(D) has taken steps to exercise or assert any ‘‘(C) monitoring the terms and conditions
rectly or indirectly, in the placement or recruit- right or protection under the provisions of this under which H–2A workers (and United States
ment of H–2A workers seeks or receives pay- section, or any rule or regulation pertaining to workers employed by the same employers) are
ments or other compensation from prospective this section, or any other relevant Federal, employed in the United States; and
employees. Upon learning that a labor con- State, or local law. ‘‘(D) enabling the Secretary of Agriculture to
tractor or foreign labor recruiter has sought or ‘‘(5) INTERAGENCY COMMUNICATION.—The Sec- carry out the Secretary of Agriculture’s duties
collected such payments, the employer shall so retary of Labor, in consultation with the Sec- and responsibilities under this section.’’.
terminate any contracts with such contractor or retary of Homeland Security, Secretary of State SEC. 203. AGENCY ROLES AND RESPONSIBILITIES.
recruiter. and the Equal Employment Opportunity Com- (a) RESPONSIBILITIES OF THE SECRETARY OF
‘‘(m) ENFORCEMENT AUTHORITY.— mission, shall establish mechanisms by which
LABOR.—With respect to the administration of
‘‘(1) IN GENERAL.—The Secretary of Labor is the agencies and their components share infor-
authorized to take such actions against employ- the H–2A program, the Secretary of Labor shall
mation, including by public electronic means,
ers, including imposing appropriate penalties be responsible for—
regarding complaints, studies, investigations,
and seeking monetary and injunctive relief and (1) consulting with State workforce agencies
findings and remedies regarding compliance by
specific performance of contractual obligations, to—
employers with the requirements of the H–2A
as may be necessary to ensure compliance with (A) review and process job orders;
program and other employment-related laws and
the requirements of this section and with the (B) facilitate the recruitment and referral of
regulations.
applicable terms and conditions of employment. ‘‘(n) DEFINITIONS.—In this section: able, willing and qualified United States work-
‘‘(2) COMPLAINT PROCESS.— ‘‘(1) DISPLACE.—The term ‘displace’ means to ers who will be available at the time and place
‘‘(A) PROCESS.—The Secretary of Labor shall lay off a similarly employed United States work- needed;
establish a process for the receipt, investigation, er, other than for lawful job-related reasons, in (C) determine prevailing wages and practices;
and disposition of complaints alleging failure of the occupation and area of intended employ- and
an employer to comply with the requirements ment for the job for which H–2A workers are (D) conduct timely inspections to ensure com-
under this section and with the applicable terms sought. pliance with applicable Federal, State, or local
and conditions of employment. ‘‘(2) H–2A WORKER.—The term ‘H–2A worker’ housing standards and Federal regulations for
‘‘(B) FILING.—A complaint referred to in sub- means a nonimmigrant described in section H–2A housing;
paragraph (A) may be filed not later than 2 101(a)(15)(H)(ii)(a). (2) determining whether the employer has met
years after the date of the conduct that is the ‘‘(3) JOB ORDER.—The term ‘job order’ means the conditions for approval of the H–2A petition
subject of the complaint. the document containing the material terms and described in section 218 of the Immigration and
‘‘(C) COMPLAINT NOT EXCLUSIVE.—A com- conditions of employment, including obligations Nationality Act (8 U.S.C. 1188);
plaint filed under this paragraph is not an ex- and assurances required under this section or (3) determining, in consultation with the Sec-
clusive remedy and the filing of such a com- any other law. retary of Agriculture, whether a job opportunity
plaint does not waive any rights or remedies of ‘‘(4) ONLINE JOB REGISTRY.—The term ‘online is of a seasonal or temporary nature;
the aggrieved party under this law or other job registry’ means the online job registry of the (4) determining whether the employer has
laws. Secretary of Labor required under section 201(b) complied or will comply with the H–2A program
‘‘(D) DECISION AND REMEDIES.—If the Sec- of the Farm Workforce Modernization Act of requirements set forth in section 218 of the Im-
retary of Labor finds, after notice and oppor- 2021 (or similar successor registry). migration and Nationality Act (8 U.S.C. 1188);
tunity for a hearing, that the employer failed to ‘‘(5) SIMILARLY EMPLOYED.—The term ‘simi- (5) processing and investigating complaints
comply with the requirements of this section or larly employed’, in the case of a worker, means consistent with section 218(m) of the Immigra-
the terms and conditions of employment, the a worker in the same occupational classification tion and Nationality Act (8 U.S.C. 1188(m));
Secretary of Labor may require payment of un- as the classification or classifications for which (6) referring any matter as appropriate to the
paid wages, unpaid benefits, fees assessed in the H–2A worker is sought. Inspector General of the Department of Labor
violation of this section, damages, and civil ‘‘(6) UNITED STATES WORKER.—The term
for investigation;
money penalties. The Secretary is also author- ‘United States worker’ means any worker who
(7) ensuring that guidance to State workforce
ized to impose other administrative remedies, in- is—
‘‘(A) a citizen or national of the United agencies to conduct wage surveys is regularly
cluding disqualification of the employer from updated; and
utilizing the H–2A program for a period of up to States;
‘‘(B) an alien who is lawfully admitted for (8) issuing such rules and regulations as are
5 years in the event of willful or multiple mate- necessary to carry out the Secretary of Labor’s
permanent residence, is admitted as a refugee
rial violations. The Secretary is authorized to responsibilities under this Act and the amend-
under section 207, is granted asylum under sec-
permanently disqualify an employer from uti- ments made by this Act.
tion 208, or is an immigrant otherwise author-
lizing the H–2A program upon a subsequent ized to be employed in the United States; (b) RESPONSIBILITIES OF THE SECRETARY OF
finding involving willful or multiple material ‘‘(C) an alien granted certified agricultural HOMELAND SECURITY.—With respect to the ad-
violations. worker status under title I of the Farm Work- ministration of the H–2A program, the Secretary
‘‘(E) DISPOSITION OF PENALTIES.—Civil pen- force Modernization Act of 2021; or of Homeland Security shall be responsible for—
alties collected under this paragraph shall be ‘‘(D) an individual who is not an unauthor- (1) adjudicating petitions for the admission of
deposited into the H–2A Labor Certification Fee ized alien (as defined in section 274A(h)(3)) with H–2A workers, which shall include an assess-
Account established under section 203 of the respect to the employment in which the worker ment as to whether each beneficiary will be em-
Farm Workforce Modernization Act of 2021. is engaging. ployed in accordance with the terms and condi-
‘‘(3) STATUTORY CONSTRUCTION.—Nothing in ‘‘(o) FEES; AUTHORIZATION OF APPROPRIA- tions of the certification and whether any
this subsection may be construed as limiting the TIONS.— named beneficiaries qualify for such employ-
authority of the Secretary of Labor to conduct ‘‘(1) FEES.— ment;
an investigation— ‘‘(A) IN GENERAL.—The Secretary of Homeland (2) transmitting a copy of the final decision on
‘‘(A) under any other law, including any law Security shall impose a fee to process petitions the petition to the employer, and in the case of
affecting migrant and seasonal agricultural under this section. Such fee shall be set at a approved petitions, ensuring that the petition
workers; or level that is sufficient to recover the reasonable
‘‘(B) in the absence of a complaint. approval is reflected in the electronic platform
costs of processing the petition, including the to facilitate the prompt issuance of a visa by the
‘‘(4) RETALIATION PROHIBITED.—It is a viola- reasonable costs of providing labor certification
tion of this subsection for any person to intimi- Department of State (if required) and the admis-
by the Secretary of Labor. sion of the H–2A workers to the United States;
date, threaten, restrain, coerce, blacklist, dis- ‘‘(B) DISTRIBUTION.—Fees collected under
charge, or in any other manner discriminate (3) establishing a reliable and secure method
subparagraph (A) shall be deposited as offset-
against, or to cause any person to intimidate, through which H–2A workers can access infor-
ting receipts into the immigration examinations
threaten, restrain, coerce, blacklist, or in any mation about their H–2A visa status, including
fee account in section 286(m), except that the
manner discriminate against, an employee, in- portion of fees assessed for the Secretary of information on pending, approved, or denied pe-
cluding a former employee or an applicant for Labor shall be deposited into the H–2A Labor titions to extend such status;
employment, because the employee— Certification Fee Account established pursuant (4) investigating and preventing fraud in the
‘‘(A) has disclosed information to the em- to section 203(c) of the Farm Workforce Mod- program, including the utilization of H–2A
ployer, or to any other person, that the em- ernization Act of 2021. workers for other than allowable agricultural
ployee reasonably believes evidences a violation ‘‘(2) APPROPRIATIONS.—There are authorized labor or services; and
under this section, or any rule or regulation re- to be appropriated for each fiscal year such (5) issuing such rules and regulations as are
lating to this section; sums as necessary for the purposes of— necessary to carry out the Secretary of Home-
‘‘(B) has filed a complaint concerning the em- ‘‘(A) recruiting United States workers for land Security’s responsibilities under this Act
ployer’s compliance with the requirements under labor or services which might otherwise be per- and the amendments made by this Act.
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this section or any rule or regulation pertaining formed by H–2A workers, including by ensuring (c) ESTABLISHMENT OF ACCOUNT AND USE OF
to this section; that State workforce agencies are sufficiently FUNDS.—
‘‘(C) cooperates or seeks to cooperate in an in- funded to fulfill their functions under this sec- (1) ESTABLISHMENT OF ACCOUNT.—There is es-
vestigation or other proceeding concerning the tion; tablished in the general fund of the Treasury a
employer’s compliance with the requirements ‘‘(B) enabling the Secretary of Labor to make separate account, which shall be known as the
under this section or any rule or regulation per- determinations and certifications under this sec- ‘‘H–2A Labor Certification Fee Account’’. Not-
taining to this section; or tion and under section 212(a)(5)(A)(i); withstanding any other provisions of law, there
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H1538 CONGRESSIONAL RECORD — HOUSE March 18, 2021
shall be deposited as offsetting receipts into the ties, the parties shall attempt mediation within (B) REBUTTABLE PRESUMPTION.—Section 103
account all amounts— the period specified in subparagraph (D), except of the Migrant and Seasonal Agricultural Work-
(A) collected as a civil penalty under section that nothing in this paragraph shall limit the er Protection Act (29 U.S.C. 1813), as amended
218(m)(2)(E) of the Immigration and Nationality ability of a court to order preliminary injunctive by this Act, is further amended by inserting
Act; and relief to protect health and safety or to other- after subsection (a) the following new sub-
(B) collected as a fee under section wise prevent irreparable harm. section (and by redesignating the subsequent
218(o)(1)(B) of the Immigration and Nationality (D) 90-DAY LIMIT.—The Federal Mediation subsections accordingly):
Act. and Conciliation Service may conduct mediation ‘‘(b)(1) There shall be a rebuttable presump-
(2) USE OF FEES.—Amounts deposited into the or other nonbinding dispute resolution activities tion that an applicant for issuance or renewal
H–2A Labor Certification Fee Account shall be for a period not to exceed 90 days beginning on of a certificate is not the real party in interest
available (except as otherwise provided in this the date on which the Federal Mediation and in the application if the applicant—
paragraph) without fiscal year limitation and Conciliation Service receives a request for assist- ‘‘(A) is the immediate family member of any
without the requirement for specification in ap- ance under subparagraph (B) unless the parties person who has been refused issuance or re-
propriations Acts to the Secretary of Labor for agree to an extension of such period. newal of a certificate, or has had a certificate
use, directly or through grants, contracts, or (E) AUTHORIZATION OF APPROPRIATIONS.— suspended or revoked; and
other arrangements, in such amounts as the (i) IN GENERAL.—Subject to clause (ii), there is ‘‘(B) identifies a vehicle, facility, or real prop-
Secretary of Labor determines are necessary for authorized to be appropriated to the Federal erty under paragraph (2) or (3) of section 102
the costs of Federal and State administration in Mediation and Conciliation Service, such sums that has been previously listed by a person who
carrying out activities in connection with labor as may be necessary for each fiscal year to carry has been refused issuance or renewal of a cer-
certification under section 218 of the Immigra- out this subparagraph. tificate, or has had a certificate suspended or
tion and Nationality Act. Such costs may in- (ii) MEDIATION.—Notwithstanding any other revoked.
clude personnel salaries and benefits, equipment provision of law, the Director of the Federal Me- ‘‘(2) An applicant described in paragraph (1)
and infrastructure for adjudication and cus- diation and Conciliation Service is authorized— bears the burden of demonstrating to the Sec-
tomer service processes, the operation and main- (I) to conduct the mediation or other dispute retary’s satisfaction that the applicant is the
tenance of an on-line job registry, and program resolution activities from any other account real party in interest in the application.’’.
integrity activities. The Secretary, in deter- containing amounts available to the Director;
mining what amounts to transfer to States for SEC. 205. REPORT ON WAGE PROTECTIONS.
and
State administration in carrying out activities in (II) to reimburse such account with amounts (a) Not later than 3 years after the date of the
connection with labor certification under sec- appropriated pursuant to clause (i). enactment of this Act, and every 3 years there-
tion 218 of the Immigration and Nationality Act (F) PRIVATE MEDIATION.—If all parties agree, after, the Secretary of Labor and Secretary of
shall consider the number of H–2A workers em- a private mediator may be employed as an alter- Agriculture shall prepare and transmit to the
ployed in that State and shall adjust the native to the Federal Mediation and Concilia- Committees on the Judiciary of the House of
amount transferred to that State accordingly. In tion Service. Representatives and Senate, a report that ad-
addition, 10 percent of the amounts deposited (c) FARM LABOR CONTRACTOR REQUIRE- dresses—
into the H–2A Labor Certification Fee Account MENTS.— (1) whether, and the manner in which, the
shall be available to the Office of Inspector Gen- (1) SURETY BONDS.— employment of H–2A workers in the United
eral of the Department of Labor to conduct au- (A) REQUIREMENT.—Section 101 of the Mi- States has impacted the wages, working condi-
dits and criminal investigations relating to such grant and Seasonal Agricultural Worker Protec- tions, or job opportunities of United States farm
foreign labor certification programs. tion Act (29 U.S.C. 1811), is amended by adding workers;
(3) ADDITIONAL FUNDS.—Amounts available at the end the following: (2) whether, and the manner in which, the ad-
under paragraph (1) shall be available in addi- ‘‘(e) A farm labor contractor shall maintain a verse effect wage rate increases or decreases
tion to any other funds appropriated or made surety bond in an amount determined by the wages on United States farms, broken down by
available to the Department of Labor under Secretary to be sufficient for ensuring the abil- geographic region and farm size;
other laws, including section 218(o)(2) of the Im- ity of the farm labor contractor to discharge its (3) whether any potential impact of the ad-
migration and Nationality Act. financial obligations, including payment of verse effect wage rate varies based on the per-
SEC. 204. WORKER PROTECTION AND COMPLI- wages and benefits to employees. Such a bond centage of workers in a geographic region that
ANCE. shall be available to satisfy any amounts or- are H–2A workers;
(a) EQUALITY OF TREATMENT.—H–2A workers dered to be paid by the Secretary or by court (4) the degree to which the adverse effect
shall not be denied any right or remedy under order for failure to comply with the obligations wage rate is affected by the inclusion in wage
any Federal, State, or local labor or employment of this Act. The Secretary of Labor shall annu- surveys of piece rate compensation, bonus pay-
law applicable to United States workers engaged ally publish in the Federal Register a schedule ments, and other pay incentives, and whether
in agricultural employment. of required bond amounts that are determined such forms of incentive compensation should be
(b) APPLICABILITY OF OTHER LAWS.— by such Secretary to be sufficient for farm labor surveyed and reported separately from hourly
(1) MIGRANT AND SEASONAL AGRICULTURAL contractors to discharge financial obligations base rates;
WORKER PROTECTION ACT.—H–2A workers shall (5) whether, and the manner in which, other
based on the number of workers to be covered.’’.
be considered migrant agricultural workers for (B) REGISTRATION DETERMINATIONS.—Section factors may artificially affect the adverse effect
purposes of the Migrant and Seasonal Agricul- 103(a) of the Migrant and Seasonal Agricultural wage rate, including factors that may be specific
tural Worker Protection Act (29 U.S.C. 1801 et Worker Protection Act (29 U.S.C. 1813(a)), is to a region, State, or region within a State;
seq.). amended— (6) whether, and the manner in which, the H–
(2) WAIVER OF RIGHTS PROHIBITED.—Agree- (i) in paragraph (4), by striking ‘‘or’’ at the 2A program affects the ability of United States
ments by H–2A workers to waive or modify any end; farms to compete with agricultural commodities
rights or protections under this Act or section (ii) in paragraph (5)(B), by striking ‘‘or’’ at imported from outside the United States;
218 of the Immigration and Nationality Act (8 the end; (7) the number and percentage of farmworkers
U.S.C. 1188) shall be considered void or contrary (iii) in paragraph (6), by striking the period at in the United States whose incomes are below
to public policy except as provided in a collec- the end and inserting ‘‘;’’ ; and the poverty line;
tive bargaining agreement with a bona fide (iv) by adding at the end the following: (8) whether alternative wage standards would
labor organization. ‘‘(7) has failed to maintain a surety bond in be sufficient to prevent wages in occupations in
(3) MEDIATION.— compliance with section 101(e); or
(A) FREE MEDIATION SERVICES.—The Federal which H–2A workers are employed from falling
‘‘(8) has been disqualified by the Secretary of below the wage level that would have prevailed
Mediation and Conciliation Service shall be Labor from importing nonimmigrants described
available to assist in resolving disputes arising in the absence of the H–2A program;
in section 101(a)(15)(H)(ii) of the Immigration (9) whether any changes are warranted in the
under this section between H–2A workers and and Nationality Act.’’.
agricultural employers without charge to the current methodologies for calculating the ad-
(2) SUCCESSORS IN INTEREST.—
parties. (A) DECLARATION.—Section 102 of the Migrant verse effect wage rate and the prevailing wage;
(B) COMPLAINT.—If an H–2A worker files a and Seasonal Agricultural Worker Protection and
civil lawsuit alleging one or more violations of (10) recommendations for future wage protec-
Act (29 U.S.C. 1812), is amended—
section 218 of the Immigration and Nationality (i) in paragraph (4), by striking ‘‘and’’ at the tion under this section.
Act (8 U.S.C. 1188), the Fair Labor Standards end; (b) In preparing the report described in sub-
Act of 1938 (29 U.S.C. 201 et seq.), or the Mi- (ii) in paragraph (5), by striking the period at section (a), the Secretary of Labor and Sec-
grant and Seasonal Agricultural Worker Protec- the end and inserting ‘‘; and’’; and retary of Agriculture shall engage with equal
tion Act (29 U.S.C. 1801 et seq.), not later than (iii) by adding at the end the following: numbers of representatives of agricultural em-
60 days after the filing of proof of service of the ‘‘(6) a declaration, subscribed and sworn to by ployers and agricultural workers, both locally
and nationally.
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complaint, a party to the lawsuit may file a re- the applicant, stating whether the applicant has
quest with the Federal Mediation and Concilia- a familial, contractual, or employment relation- SEC. 206. PORTABLE H–2A VISA PILOT PROGRAM.
tion Service to assist the parties in reaching a ship with, or shares vehicles, facilities, property, (a) ESTABLISHMENT OF PILOT PROGRAM.—
satisfactory resolution of all issues involving all or employees with, a person who has been re- (1) IN GENERAL.—Not later than 18 months
parties to the dispute. fused issuance or renewal of a certificate, or has after the date of the enactment of this Act, the
(C) NOTICE.—Upon filing a request under sub- had a certificate suspended or revoked, pursu- Secretary of Homeland Security, in consultation
paragraph (B) and giving of notice to the par- ant to section 103.’’. with the Secretary of Labor and Secretary of
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March 18, 2021 CONGRESSIONAL RECORD — HOUSE H1539
Agriculture, shall establish through regulation a (B) LIMITATIONS ON AVAILABILITY OF PORT- (7) an assessment as to whether the program
6-year pilot program to facilitate the free move- ABLE H–2A STATUS.— should be continued and if so, any recommenda-
ment and employment of temporary or seasonal (i) INITIAL OFFER OF EMPLOYMENT RE- tions for improving the program; and
H–2A workers to perform agricultural labor or QUIRED.—No alien may be granted portable H– (8) findings and recommendations regarding
services for agricultural employers registered 2A status without an initial valid offer of em- effective recruitment mechanisms, including use
with the Secretary of Agriculture. Notwith- ployment to perform temporary or agricultural of new technology to match workers with em-
standing the requirements of section 218 of the labor or services from a registered agricultural ployers and ensure compliance with applicable
Immigration and Nationality Act, such regula- employer. labor and employment laws and regulations.
tion shall establish the requirements for the (ii) NUMERICAL LIMITATIONS.—The total num- SEC. 207. IMPROVING ACCESS TO PERMANENT
pilot program, consistent with subsection (b). ber of aliens who may hold valid portable H–2A RESIDENCE.
For purposes of this section, such a worker shall status at any one time may not exceed 10,000.
(a) WORLDWIDE LEVEL.—Section 201(d)(1)(A)
be referred to as a portable H–2A worker, and Notwithstanding such limitation, the Secretary
of the Immigration and Nationality Act (8
status as such a worker shall be referred to as of Homeland Security may further limit the
U.S.C. 1151(d)(1)(A)) is amended by striking
portable H–2A status. number of aliens with valid portable H–2A sta-
‘‘140,000’’ and inserting ‘‘180,000’’.
(2) ONLINE PLATFORM.—The Secretary of tus if the Secretary determines that there are an
(b) VISAS FOR FARMWORKERS.—Section 203(b)
Homeland Security, in consultation with the insufficient number of registered agricultural
of the Immigration and Nationality Act (8
Secretary of Labor and the Secretary of Agri- employers or job opportunities to support the
U.S.C. 1153(b)) is amended—
culture, shall maintain an online electronic employment of all such portable H–2A workers.
(C) SCOPE OF EMPLOYMENT.—During the pe- (1) in paragraph (1) by striking ‘‘28.6 percent
platform to connect portable H–2A workers with of such worldwide level’’ and inserting ‘‘40,040’’;
registered agricultural employers seeking work- riod of admission, a portable H–2A worker may
perform temporary or seasonal agricultural (2) in paragraph (2)(A) by striking ‘‘28.6 per-
ers to perform temporary or seasonal agricul- cent of such worldwide level’’ and inserting
labor or services for any employer in the United
tural labor or services. Employers shall post on ‘‘40,040’’;
States that is designated as a registered agricul-
the platform available job opportunities, includ- (3) in paragraph (3)—
tural employer pursuant to paragraph (1). An
ing a description of the nature and location of (A) in subparagraph (A)—
employment arrangement under this section may
the work to be performed, the anticipated period (i) in the matter before clause (i), by striking
be terminated by either the portable H–2A work-
or periods of need, and the terms and conditions ‘‘28.6 percent of such worldwide level’’ and in-
er or the registered agricultural employer at any
of employment. Such platform shall allow port- serting ‘‘80,040’’; and
time.
able H–2A workers to search for available job (D) TRANSFER TO NEW EMPLOYMENT.—At the (ii) by amending clause (iii) to read as follows:
opportunities using relevant criteria, including cessation of employment with a registered agri- ‘‘(iii) OTHER WORKERS.—Other qualified immi-
the types of jobs needed to be filled and the cultural employer, a portable H–2A worker shall grants who, at the time of petitioning for classi-
dates and locations of need. have 60 days to secure new employment with a fication under this paragraph—
(3) LIMITATION.—Notwithstanding the registered agricultural employer. ‘‘(I) are capable of performing unskilled labor,
issuance of the regulation described in para- (E) MAINTENANCE OF STATUS.—A portable H– not of a temporary or seasonal nature, for
graph (1), the Secretary of State may not issue 2A worker who does not secure new employment which qualified workers are not available in the
a portable H–2A visa and the Secretary of with a registered agricultural employer within United States; or
Homeland Security may not confer portable H– 60 days shall be considered to have failed to ‘‘(II) can demonstrate employment in the
2A status on any alien until the Secretary of maintain such status and shall depart the United States as an H–2A nonimmigrant worker
Homeland Security, in consultation with the United States or be subject to removal under sec- for at least 100 days in each of at least 10
Secretary of Labor and Secretary of Agriculture, tion 237(a)(1)(C)(i) of the Immigration and Na- years.’’;
has determined that a sufficient number of em- tionality Act (8 U.S.C. 1188(a)(1)(C)(i)). (B) by amending subparagraph (B) to read as
ployers have been designated as registered agri- (3) ENFORCEMENT.—The Secretary of Labor follows:
cultural employers under subsection (b)(1) and shall be responsible for conducting investiga- ‘‘(B) VISAS ALLOCATED FOR OTHER WORKERS.—
that such employers have sufficient job opportu- tions and random audits of employers to ensure ‘‘(i) IN GENERAL.—Except as provided in
nities to employ a reasonable number of portable compliance with the employment-related re- clauses (ii) and (iii), 50,000 of the visas made
H–2A workers to initiate the pilot program. quirements of this section, consistent with sec- available under this paragraph shall be reserved
(b) PILOT PROGRAM ELEMENTS.—The pilot tion 218(m) of the Immigration and Nationality for qualified immigrants described in subpara-
program in subsection (a) shall contain the fol- Act (8 U.S.C. 1188(m)). The Secretary of Labor graph (A)(iii).
lowing elements: shall have the authority to collect reasonable
(1) REGISTERED AGRICULTURAL EMPLOYERS.— ‘‘(ii) PREFERENCE FOR AGRICULTURAL WORK-
civil penalties for violations, which shall be uti- ERS.—Subject to clause (iii), not less than four-
(A) DESIGNATION.—Agricultural employers
lized by the Secretary for the administration fifths of the visas described in clause (i) shall be
shall be provided the ability to seek designation
and enforcement of the provisions of this sec- reserved for—
as registered agricultural employers. Reasonable
tion. ‘‘(I) qualified immigrants described in sub-
fees may be assessed commensurate with the cost (4) ELIGIBILITY FOR SERVICES.—Section 305 of
of processing applications for designation. A paragraph (A)(iii)(I) who will be performing ag-
Public Law 99–603 (100 Stat. 3434) is amended by ricultural labor or services in the United States;
designation shall be valid for a period of up to striking ‘‘other employment rights as provided
3 years unless revoked for failure to comply with and
in the worker’s specific contract under which ‘‘(II) qualified immigrants described in sub-
program requirements. Registered employers the nonimmigrant was admitted’’ and inserting
that comply with program requirements may paragraph (A)(iii)(II).
‘‘employment-related rights’’. ‘‘(iii) EXCEPTION.—If because of the applica-
apply to renew such designation for additional (c) REPORT.—Not later than 6 months before
periods of up to 3 years for the duration of the tion of clause (ii), the total number of visas
the end of the third fiscal year of the pilot pro- available under this paragraph for a calendar
pilot program. gram, the Secretary of Homeland Security, in
(B) LIMITATIONS.—Registered agricultural em- quarter exceeds the number of qualified immi-
consultation with the Secretary of Labor and grants who otherwise may be issued such a visa,
ployers may employ aliens with portable H–2A the Secretary of Agriculture, shall prepare and
status without filing a petition. Such employers clause (ii) shall not apply to visas under this
submit to the Committees on the Judiciary of the paragraph during the remainder of such cal-
shall pay such aliens at least the wage required House of Representatives and the Senate, a re-
under section 218(d) of the Immigration and Na- endar quarter.
port that provides— ‘‘(iv) NO PER COUNTRY LIMITS.—Visas de-
tionality Act (8 U.S.C. 1188(d)). (1) the number of employers designated as reg-
(C) WORKERS’ COMPENSATION.—If a job oppor- scribed under clause (ii) shall be issued without
istered agricultural employers, broken down by
tunity is not covered by or is exempt from the regard to the numerical limitation under section
geographic region, farm size, and the number of
State workers’ compensation law, a registered 202(a)(2).’’; and
job opportunities offered by such employers;
agricultural employer shall provide, at no cost (2) the number of employers whose designa- (C) by amending subparagraph (C) by striking
to the worker, insurance covering injury and tion as a registered agricultural employer was ‘‘An immigrant visa’’ and inserting ‘‘Except for
disease arising out of, and in the course of, the revoked; qualified immigrants petitioning for classifica-
worker’s employment, which will provide bene- (3) the number of individuals granted portable tion under subparagraph (A)(iii)(II), an immi-
fits at least equal to those provided under the H–2A status in each fiscal year, along with the grant visa’’;
State workers’ compensation law. number of such individuals who maintained (4) in paragraph (4), by striking ‘‘7.1 percent
(2) DESIGNATED WORKERS.— portable H–2A status during all or a portion of of such worldwide level’’ and inserting ‘‘9,940’’;
(A) IN GENERAL.—Individuals who have been the 3-year period of the pilot program; and
previously admitted to the United States in H– (4) an assessment of the impact of the pilot (5) in paragraph (5)(A), in the matter before
2A status, and maintained such status during program on the wages and working conditions clause (i), by striking ‘‘7.1 percent of such
the period of admission, shall be provided the of United States farm workers; worldwide level’’ and inserting ‘‘9,940’’.
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opportunity to apply for portable H–2A status. (5) the results of a survey of individuals (c) PETITIONING PROCEDURE.—Section
Portable H–2A workers shall be subject to the granted portable H–2A status, detailing their ex- 204(a)(1)(E) of the Immigration and Nationality
provisions on visa validity and periods of au- periences with and feedback on the pilot pro- Act (8 U.S.C. 1154(a)(1)(E)) is amended by in-
thorized stay and admission for H–2A workers gram; serting ‘‘or 203(b)(3)(A)(iii)(II)’’ after
described in paragraphs (2) and (3) of section (6) the results of a survey of registered agri- ‘‘203(b)(1)(A)’’.
218(j) of the Immigration and Nationality Act (8 cultural employers, detailing their experiences (d) DUAL INTENT.—Section 214(b) of the Immi-
U.S.C. 1188(j)(2) and (3)). with and feedback on the pilot program; gration and Nationality Act (8 U.S.C. 1184(b)) is
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H1540 CONGRESSIONAL RECORD — HOUSE March 18, 2021
amended by striking ‘‘section 101(a)(15)(H)(i) ex- into a 20-year extension of the rental assistance tions imposed by the Secretary pursuant to sec-
cept subclause (b1) of such section’’ and insert- contract for the project, the term of the restric- tion 502(c)(5)(G)(ii)(I) (42 U.S.C.
ing ‘‘clause (i), except subclause (b1), or (ii)(a) tive use agreement for the project shall be con- 1472(c)(5)(G)(ii)(I)), has been foreclosed, or has
of section 101(a)(15)(H)’’. sistent with the term of the restructured loan for matured after September 30, 2005, or residing in
Subtitle B—Preservation and Construction of the project. a property assisted under section 514 or 516 that
Farmworker Housing ‘‘(B) EXTENSION OF RENTAL ASSISTANCE CON- is owned by a nonprofit organization or public
TRACT.—If the Secretary enters into a 20-year agency.’’.
SEC. 220. SHORT TITLE.
extension of the rental assistance contract for a SEC. 223. AMOUNT OF VOUCHER ASSISTANCE.
This subtitle may be cited as the ‘‘Strategy
project, the term of the restrictive use agreement Notwithstanding any other provision of law,
and Investment in Rural Housing Preservation
for the project shall be for 20 years. in the case of any rural housing voucher pro-
Act of 2021’’.
‘‘(C) TERMINATION.—The Secretary may termi- vided pursuant to section 542 of the Housing Act
SEC. 221. PERMANENT ESTABLISHMENT OF HOUS-
nate the 20-year use restrictive use agreement of 1949 (42 U.S.C. 1490r), the amount of the
ING PRESERVATION AND REVITAL-
IZATION PROGRAM. for a project prior to the end of its term if the monthly assistance payment for the household
Title V of the Housing Act of 1949 (42 U.S.C. 20-year rental assistance contract for the project on whose behalf such assistance is provided
1471 et seq.) is amended by adding at the end with the owner is terminated at any time for shall be determined as provided in subsection (a)
the following new section: reasons outside the owner’s control. of such section 542.
‘‘(f) DECOUPLING OF RENTAL ASSISTANCE.— SEC. 224. RENTAL ASSISTANCE CONTRACT AU-
‘‘SEC. 545. HOUSING PRESERVATION AND REVI-
TALIZATION PROGRAM.
‘‘(1) RENEWAL OF RENTAL ASSISTANCE CON- THORITY.
TRACT.—If the Secretary determines that a ma- Subsection (d) of section 521 of the Housing
‘‘(a) ESTABLISHMENT.—The Secretary shall
turing loan for a project cannot reasonably be Act of 1949 (42 U.S.C. 1490a(d)) is amended—
carry out a program under this section for the
restructured in accordance with subsection (c) (1) in paragraph (1), by inserting after sub-
preservation and revitalization of multifamily
and the project was operating with rental assist- paragraph (A) the following new subparagraph
rental housing projects financed under section
ance under section 521, the Secretary may renew (and by redesignating the subsequent subpara-
515 or both sections 514 and 516.
‘‘(b) NOTICE OF MATURING LOANS.— the rental assistance contract, notwithstanding graphs accordingly):
‘‘(1) TO OWNERS.—On an annual basis, the any provision of section 521, for a term, subject ‘‘(B) upon request of an owner of a project fi-
Secretary shall provide written notice to each to annual appropriations, of at least 10 years nanced under section 514 or 515, the Secretary is
owner of a property financed under section 515 but not more than 20 years. authorized to enter into renewal of such agree-
or both sections 514 and 516 that will mature ‘‘(2) RENTS.—Any agreement to extend the ments for a period of 20 years or the term of the
within the 4-year period beginning upon the term of the rental assistance contract under sec- loan, whichever is shorter, subject to amounts
provision of such notice, setting forth the op- tion 521 for a project shall obligate the owner to made available in appropriations Acts;’’; and
tions and financial incentives that are available continue to maintain the project as decent, safe (2) by adding at the end the following new
to facilitate the extension of the loan term or the and sanitary housing and to operate the devel- paragraph:
option to decouple a rental assistance contract opment in accordance with this title, except that ‘‘(3) In the case of any rental assistance con-
pursuant to subsection (f). rents shall be based on the lesser of— tract authority that becomes available because
‘‘(2) TO TENANTS.— ‘‘(A) the budget-based needs of the project; or of the termination of assistance on behalf of an
‘‘(A) IN GENERAL.—For each property fi- ‘‘(B) the operating cost adjustment factor as a assisted family—
nanced under section 515 or both sections 514 payment standard as provided under section 524 ‘‘(A) at the option of the owner of the rental
and 516, not later than the date that is 2 years of the Multifamily Assisted Housing Reform and project, the Secretary shall provide the owner a
before the date that such loan will mature, the Affordability Act of 1997 (42 U.S.C. 1437 note). period of 6 months before such assistance is
Secretary shall provide written notice to each ‘‘(g) MULTIFAMILY HOUSING TRANSFER TECH- made available pursuant to subparagraph (B)
NICAL ASSISTANCE.—Under the program under during which the owner may use such assist-
household residing in such property that in-
this section, the Secretary may provide grants to ance authority to provide assistance of behalf of
forms them of the date of the loan maturity, the
qualified non-profit organizations and public an eligible unassisted family that—
possible actions that may happen with respect
housing agencies to provide technical assist- ‘‘(i) is residing in the same rental project that
to the property upon such maturity, and how to
ance, including financial and legal services, to the assisted family resided in prior to such ter-
protect their right to reside in Federally assisted
borrowers under loans under this title for multi- mination; or
housing after such maturity.
‘‘(B) LANGUAGE.—Notice under this paragraph family housing to facilitate the acquisition of ‘‘(ii) newly occupies a dwelling unit in such
shall be provided in plain English and shall be such multifamily housing properties in areas rental project during such period; and
translated to other languages in the case of any where the Secretary determines there is a risk of ‘‘(B) except for assistance used as provided in
property located in an area in which a signifi- loss of affordable housing. subparagraph (A), the Secretary shall use such
cant number of residents speak such other lan- ‘‘(h) TRANSFER OF RENTAL ASSISTANCE.—After remaining authority to provide such assistance
the loan or loans for a rental project originally on behalf of eligible families residing in other
guages.
‘‘(c) LOAN RESTRUCTURING.—Under the pro- financed under section 515 or both sections 514 rental projects originally financed under section
gram under this section, the Secretary may re- and 516 have matured or have been prepaid and 515 or both sections 514 and 516 of this Act.’’.
structure such existing housing loans, as the the owner has chosen not to restructure the SEC. 225. FUNDING FOR MULTIFAMILY TECH-
Secretary considers appropriate, for the purpose loan pursuant to subsection (c), a tenant resid- NICAL IMPROVEMENTS.
of ensuring that such projects have sufficient ing in such project shall have 18 months prior to There is authorized to be appropriated to the
resources to preserve the projects to provide safe loan maturation or prepayment to transfer the Secretary of Agriculture $50,000,000 for fiscal
and affordable housing for low-income residents rental assistance assigned to the tenant’s unit to year 2022 for improving the technology of the
and farm laborers, by— another rental project originally financed under Department of Agriculture used to process loans
‘‘(1) reducing or eliminating interest; section 515 or both sections 514 and 516, and the for multifamily housing and otherwise man-
‘‘(2) deferring loan payments; owner of the initial project may rent the ten- aging such housing. Such improvements shall be
‘‘(3) subordinating, reducing, or reamortizing ant’s previous unit to a new tenant without in- made within the 5-year period beginning upon
loan debt; and come restrictions. the appropriation of such amounts and such
‘‘(4) providing other financial assistance, in- ‘‘(i) ADMINISTRATIVE EXPENSES.—Of any amount shall remain available until the expira-
cluding advances, payments, and incentives (in- amounts made available for the program under tion of such 5-year period.
cluding the ability of owners to obtain reason- this section for any fiscal year, the Secretary SEC. 226. PLAN FOR PRESERVING AFFORDABILITY
able returns on investment) required by the Sec- may use not more than $1,000,000 for adminis- OF RENTAL PROJECTS.
retary. trative expenses for carrying out such program. (a) PLAN.—The Secretary of Agriculture (in
‘‘(d) RENEWAL OF RENTAL ASSISTANCE.—When ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— this section referred to as the ‘‘Secretary’’) shall
the Secretary offers to restructure a loan pursu- There is authorized to be appropriated for the submit a written plan to the Congress, not later
ant to subsection (c), the Secretary shall offer to program under this section $200,000,000 for each than the expiration of the 6-month period begin-
renew the rental assistance contract under sec- of fiscal years 2022 through 2026.’’. ning on the date of the enactment of this Act,
tion 521(a)(2) for a 20-year term that is subject SEC. 222. ELIGIBILITY FOR RURAL HOUSING for preserving the affordability for low-income
to annual appropriations, provided that the VOUCHERS. families of rental projects for which loans were
owner agrees to bring the property up to such Section 542 of the Housing Act of 1949 (42 made under section 515 or made to nonprofit or
standards that will ensure its maintenance as U.S.C. 1490r) is amended by adding at the end public agencies under section 514 and avoiding
decent, safe, and sanitary housing for the full the following new subsection: the displacement of tenant households, which
term of the rental assistance contract. ‘‘(c) ELIGIBILITY OF HOUSEHOLDS IN SECTIONS shall—
‘‘(e) RESTRICTIVE USE AGREEMENTS.— 514, 515, AND 516 PROJECTS.—The Secretary may (1) set forth specific performance goals and
‘‘(1) REQUIREMENT.—As part of the preserva- provide rural housing vouchers under this sec- measures;
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tion and revitalization agreement for a project, tion for any low-income household (including (2) set forth the specific actions and mecha-
the Secretary shall obtain a restrictive use those not receiving rental assistance) residing, nisms by which such goals will be achieved;
agreement that obligates the owner to operate for a term longer than the remaining term of (3) set forth specific measurements by which
the project in accordance with this title. their lease in effect just prior to prepayment, in progress towards achievement of each goal can
‘‘(2) TERM.— a property financed with a loan made or in- be measured;
‘‘(A) NO EXTENSION OF RENTAL ASSISTANCE sured under section 514 or 515 (42 U.S.C. 1484, (4) provide for detailed reporting on outcomes;
CONTRACT.—Except when the Secretary enters 1485) which has been prepaid without restric- and
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March 18, 2021 CONGRESSIONAL RECORD — HOUSE H1541
(5) include any legislative recommendations to (1) in subparagraph (I), by striking ‘‘and’’ at ‘‘(iii) The term ‘domestic farm labor’ has the
assist in achievement of the goals under the the end; same meaning given such term in section
plan. (2) by redesignating subparagraph (J) as sub- 514(f)(3) (42 U.S.C. 1484(f)(3)), except that sub-
(b) ADVISORY COMMITTEE.— paragraph (K); and paragraph (A) of such section shall not apply
(1) ESTABLISHMENT; PURPOSE.—The Secretary (3) by inserting after subparagraph (I) the fol- for purposes this section.’’.
shall establish an advisory committee whose lowing new subparagraph: SEC. 231. ELIGIBILITY OF CERTIFIED WORKERS.
purpose shall be to assist the Secretary in pre- ‘‘(J) rural development housing voucher as- Subsection (a) of section 214 of the Housing
serving section 515 properties and section 514 sistance provided by the Secretary of Agri- and Community Development Act of 1980 (42
properties owned by nonprofit or public agencies culture pursuant to section 542 of the Housing U.S.C. 1436a) is amended—
through the multifamily housing preservation Act of 1949 (42 U.S.C. 1490r), without regard to (1) in paragraph (6), by striking ‘‘or’’ at the
and revitalization program under section 545 subsection (b) of such section, and applicable end;
and in implementing the plan required under appropriation Acts; and’’. (2) by redesignating paragraph (7) as para-
subsection (a). SEC. 228. NEW FARMWORKER HOUSING. graph (8); and
(2) MEMBER.—The advisory committee shall Section 513 of the Housing Act of 1949 (42 (3) by inserting after paragraph (6) the fol-
consist of 16 members, appointed by the Sec- U.S.C. 1483) is amended by adding at the end lowing:
retary, as follows: the following new subsection: ‘‘(7) an alien granted certified agricultural
(A) A State Director of Rural Development for ‘‘(f) FUNDING FOR FARMWORKER HOUSING.— worker or certified agricultural dependent sta-
the Department of Agriculture. ‘‘(1) SECTION 514 FARMWORKER HOUSING tus under title I of the Farm Workforce Mod-
(B) The Administrator for Rural Housing LOANS.— ernization Act of 2021, but solely for financial
Service of the Department of Agriculture. ‘‘(A) INSURANCE AUTHORITY.—The Secretary assistance made available pursuant to section
(C) Two representatives of for-profit devel- of Agriculture may, to the extent approved in 521 or 542 of the Housing Act of 1949 (42 U.S.C.
opers or owners of multifamily rural rental appropriation Acts, insure loans under section 1490a, 1490r); or’’.
housing. 514 (42 U.S.C. 1484) during each of fiscal years Subtitle C—Foreign Labor Recruiter
(D) Two representatives of non-profit devel- 2022 through 2031 in an aggregate amount not to Accountability
opers or owners of multifamily rural rental exceed $200,000,000. SEC. 251. REGISTRATION OF FOREIGN LABOR RE-
housing. ‘‘(B) AUTHORIZATION OF APPROPRIATIONS FOR CRUITERS.
(E) Two representatives of State housing fi- COSTS.—There is authorized to be appropriated
(a) IN GENERAL.—Not later than 1 year after
nance agencies. $75,000,000 for each of fiscal years 2022 through the date of the enactment of this Act, the Sec-
(F) Two representatives of tenants of multi- 2031 for costs (as such term is defined in section retary of Labor, in consultation with the Sec-
family rural rental housing. 502 of the Congressional Budget Act of 1974 (2
(G) One representative of a community devel- retary of State and the Secretary of Homeland
U.S.C. 661a)) of loans insured pursuant the au- Security, shall establish procedures for the elec-
opment financial institution that is involved in thority under subparagraph (A).
preserving the affordability of housing assisted tronic registration of foreign labor recruiters en-
‘‘(2) SECTION 516 GRANTS FOR FARMWORKER
under sections 514, 515, and 516 of the Housing gaged in the recruitment of nonimmigrant work-
HOUSING.—There is authorized to be appro-
Act of 1949. ers described in section 101(a)(15)(H)(ii)(a) of the
priated $30,000,000 for each of fiscal years 2022
(H) One representative of a nonprofit organi- Immigration and Nationality Act (8 U.S.C.
through 2031 for financial assistance under sec-
zation that operates nationally and has actively 1101(a)(15)(H)(ii)(a)) to perform agricultural
tion 516 (42 U.S.C. 1486).
participated in the preservation of housing as- labor or services in the United States.
‘‘(3) SECTION 521 HOUSING ASSISTANCE.—There
(b) PROCEDURAL REQUIREMENTS.—The proce-
sisted by the Rural Housing Service by con- is authorized to be appropriated $2,700,000,000 dures described in subsection (a) shall—
ducting research regarding, and providing fi- for each of fiscal years 2022 through 2031 for (1) require the applicant to submit a sworn
nancing and technical assistance for, preserving rental assistance agreements entered into or re- declaration—
the affordability of such housing. newed pursuant to section 521(a)(2) (42 U.S.C. (A) stating the applicant’s permanent place of
(I) One representative of low-income housing 1490a(a)(2)) or agreements entered into in lieu of residence or principal place of business, as ap-
tax credit investors. debt forgiveness or payments for eligible house- plicable;
(J) One representative of regulated financial holds as authorized by section 502(c)(5)(D).’’. (B) describing the foreign labor recruiting ac-
institutions that finance affordable multifamily SEC. 229. LOAN AND GRANT LIMITATIONS. tivities in which the applicant is engaged; and
rural rental housing developments. Section 514 of the Housing Act of 1949 (42 (C) including such other relevant information
(K) Two representatives from non-profit orga- U.S.C. 1484) is amended by adding at the end as the Secretary of Labor and the Secretary of
nizations representing farmworkers, including the following: State may require;
one organization representing farmworker ‘‘(j) PER PROJECT LIMITATIONS ON ASSIST- (2) include an expeditious means to update
women. ANCE.—If the Secretary, in making available as- and renew registrations;
(3) MEETINGS.—The advisory committee shall sistance in any area under this section or sec- (3) include a process, which shall include the
meet not less often than once each calendar tion 516 (42 U.S.C. 1486), establishes a limitation placement of personnel at each United States
quarter. on the amount of assistance available per diplomatic mission in accordance with sub-
(4) FUNCTIONS.—In providing assistance to the project, the limitation on a grant or loan award section (g)(2), to receive information from the
Secretary to carry out its purpose, the advisory per project shall not be less than $5 million.’’. public regarding foreign labor recruiters who
committee shall carry out the following func- SEC. 230. OPERATING ASSISTANCE SUBSIDIES. have allegedly engaged in a foreign labor re-
tions: cruiting activity that is prohibited under this
Subsection (a)(5) of section 521 of the Housing
(A) Assisting the Rural Housing Service of the subtitle;
Act of 1949 (42 U.S.C. 1490a(a)(5)) is amended—
Department of Agriculture to improve estimates (4) include procedures for the receipt and
(1) in subparagraph (A) by inserting ‘‘or do-
of the size, scope, and condition of rental hous- processing of complaints against foreign labor
mestic farm labor legally admitted to the United
ing portfolio of the Service, including the time recruiters and for remedies, including the rev-
States and authorized to work in agriculture’’
frames for maturity of mortgages and costs for ocation of a registration or the assessment of
after ‘‘migrant farmworkers’’;
preserving the portfolio as affordable housing. (2) in subparagraph (B)— fines upon a determination by the Secretary of
(B) Reviewing current policies and procedures (A) by striking ‘‘AMOUNT.—In any fiscal Labor that the foreign labor recruiter has vio-
of the Rural Housing Service regarding preser- year’’ and inserting ‘‘AMOUNT.— lated the requirements of this subtitle;
vation of affordable rental housing financed ‘‘(i) HOUSING FOR MIGRANT FARMWORKERS.— (5) require the applicant to post a bond in an
under sections 514, 515, 516, and 538 of the In any fiscal year’’; amount sufficient to ensure the ability of the
Housing Act of 1949, the Multifamily Preserva- (B) by inserting ‘‘providing housing for mi- applicant to discharge its responsibilities and
tion and Revitalization Demonstration program grant farmworkers’’ after ‘‘any project’’; and ensure protection of workers, including payment
(MPR), and the rental assistance program and (C) by inserting at the end the following: of wages; and
making recommendations regarding improve- ‘‘(ii) HOUSING FOR OTHER FARM LABOR.—In (6) allow the Secretary of Labor and the Sec-
ments and modifications to such policies and any fiscal year, the assistance provided under retary of State to consult with other appropriate
procedures. this paragraph for any project providing hous- Federal agencies to determine whether any rea-
(C) Providing ongoing review of Rural Hous- ing for domestic farm labor legally admitted to son exists to deny registration to a foreign labor
ing Service program results. the United States and authorized to work in ag- recruiter or revoke such registration.
(D) Providing reports to the Congress and the riculture shall not exceed an amount equal to 50 (c) ATTESTATIONS.—Foreign labor recruiters
public on meetings, recommendations, and other percent of the operating costs for the project for registering under this subtitle shall attest and
findings of the advisory committee. the year, as determined by the Secretary. The agree to abide by the following requirements:
(5) TRAVEL COSTS.—Any amounts made avail- owner of such project shall not qualify for oper- (1) PROHIBITED FEES.—The foreign labor re-
able for administrative costs of the Department ating assistance unless the Secretary certifies cruiter, including any agent or employee of such
of Agriculture may be used for costs of travel by
ctelli on DSK11ZRN23PROD with HOUSE
that the project was unoccupied or underuti- foreign labor recruiter, shall not assess any re-
members of the advisory committee to meetings lized before making units available to such farm cruitment fees on a worker for any foreign labor
of the committee. labor, and that a grant under this section will recruiting activity.
SEC. 227. COVERED HOUSING PROGRAMS. not displace any farm worker who is a United (2) PROHIBITION ON FALSE AND MISLEADING IN-
Paragraph (3) of section 41411(a) of the Vio- States worker.’’; and FORMATION.—The foreign labor recruiter shall
lence Against Women Act of 1994 (34 U.S.C. (3) in subparagraph (D), by adding at the end not knowingly provide materially false or mis-
12491(a)(3)) is amended— the following: leading information to any worker concerning
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H1542 CONGRESSIONAL RECORD — HOUSE March 18, 2021
any matter required to be disclosed under this pay a reasonable fee, sufficient to cover the full (D) if the foreign labor recruiter holds a valid
subtitle. costs of carrying out the registration activities registration, review and include in the visa ap-
(3) REQUIRED DISCLOSURES.—The foreign labor under this subtitle. plication file, the foreign labor recruiter’s disclo-
recruiter shall ascertain and disclose to the (f) NOTIFICATION.— sures required by subsection (c)(3).
worker in writing in English and in the primary (1) EMPLOYER NOTIFICATION.— (4) DATA.—The Secretary of State shall make
language of the worker at the time of the work- (A) IN GENERAL.—Not less frequently than publicly available online, on an annual basis,
er’s recruitment, the following information: once every year, an employer of H–2A workers data disclosing the gender, country of origin
(A) The identity and address of the employer shall provide the Secretary with the names and (and State, county, or province, if available),
and the identity and address of the person con- addresses of all foreign labor recruiters engaged age, wage, level of training, and occupational
ducting the recruiting on behalf of the em- to perform foreign labor recruiting activity on classification, disaggregated by State, of non-
ployer, including each subcontractor or agent behalf of the employer, whether the foreign immigrant workers described in section
involved in such recruiting. labor recruiter is to receive any economic com- 101(a)(15)(H)(ii)(a) of the Immigration and Na-
(B) A copy of the approved job order or work pensation for such services, and, if so, the iden- tionality Act.
contract under section 218 of the Immigration tity of the person or entity who is paying for the SEC. 252. ENFORCEMENT.
and Nationality Act, including all assurances services.
(B) AGREEMENT TO COOPERATE.—In addition (a) DENIAL OR REVOCATION OF REGISTRA-
and terms and conditions of employment. TION.—
(C) A statement, in a form specified by the to the requirements of subparagraph (A), the
employer shall— (1) GROUNDS FOR DENIAL OR REVOCATION.—
Secretary—
(i) provide to the Secretary the identity of any The Secretary shall deny an application for reg-
(i) describing the general terms and conditions
foreign labor recruiter whom the employer has istration, or revoke a registration, if the Sec-
associated with obtaining an H–2A visa and
reason to believe is engaging in foreign labor re- retary determines that the foreign labor re-
maintaining H–2A status;
cruiting activities that do not comply with this cruiter, or any agent or subcontractee of such
(ii) affirming the prohibition on the assess-
subtitle; and foreign labor recruiter—
ment of fees described in paragraph (1), and ex-
(ii) promptly respond to any request by the (A) knowingly made a material misrepresenta-
plaining that such fees, if paid by the employer,
Secretary for information regarding the identity tion in the registration application;
may not be passed on to the worker;
(iii) describing the protections afforded the of a foreign labor recruiter with whom the em- (B) materially failed to comply with one or
worker under this subtitle, including procedures ployer has a contract or other agreement. more of the attestations provided under section
for reporting violations to the Secretary of (2) FOREIGN LABOR RECRUITER NOTIFICA- 251(c); or
State, filing a complaint with the Secretary of TION.—A registered foreign labor recruiter shall (C) is not the real party in interest.
Labor, or filing a civil action; and notify the Secretary, not less frequently than (2) NOTICE.—Prior to denying an application
(iv) describing the protections afforded the once every year, of the identity of any subcon- for registration or revoking a registration under
worker by section 202 of the William Wilberforce tractee, agent, or foreign labor recruiter em- this subsection, the Secretary shall provide writ-
Trafficking Victims Protection Reauthorization ployee involved in any foreign labor recruiting ten notice of the intent to deny or revoke the
Act of 2008 (8 U.S.C. 1375b), including the tele- activity for, or on behalf of, the foreign labor re- registration to the foreign labor recruiter. Such
phone number for the national human traf- cruiter. notice shall—
ficking resource center hotline number. (g) ADDITIONAL RESPONSIBILITIES OF THE SEC- (A) articulate with specificity all grounds for
(4) BOND.—The foreign labor recruiter shall RETARY OF STATE.— denial or revocation; and
agree to maintain a bond sufficient to ensure (1) LISTS.—The Secretary of State, in con- (B) provide the foreign labor recruiter with
the ability of the foreign labor recruiter to dis- sultation with the Secretary of Labor shall not less than 60 days to respond.
charge its responsibilities and ensure protection maintain and make publicly available in written (3) RE-REGISTRATION.—A foreign labor re-
of workers, and to forfeit such bond in an form and on the websites of United States em- cruiter whose registration was revoked under
amount determined by the Secretary under sub- bassies in the official language of that country, subsection (a) may re-register if the foreign
sections (b)(1)(C)(ii) or (c)(2)(C) of section 252 and on websites maintained by the Secretary of labor recruiter demonstrates to the Secretary’s
for failure to comply with the provisions of this Labor, regularly updated lists— satisfaction that the foreign labor recruiter has
subtitle. (A) of foreign labor recruiters who hold valid not violated this subtitle in the 5 years pre-
(5) COOPERATION IN INVESTIGATION.—The for- registrations under this section, including— ceding the date an application for registration is
eign labor recruiter shall agree to cooperate in (i) the name and address of the foreign labor filed and has taken sufficient steps to prevent
any investigation under section 252 of this sub- recruiter; future violations of this subtitle.
(ii) the countries in which such recruiters con- (b) ADMINISTRATIVE ENFORCEMENT.—
title by the Secretary or other appropriate au-
duct recruitment; (1) COMPLAINT PROCESS.—
thorities. (iii) the employers for whom recruiting is con-
(6) NO RETALIATION.—The foreign labor re- (A) FILING.—A complaint may be filed with
ducted; the Secretary of Labor, in accordance with the
cruiter shall agree to refrain from intimidating, (iv) the occupations that are the subject of re-
threatening, restraining, coercing, discharging, procedures established under section 251(b)(4)
cruitment; not later than 2 years after the earlier of—
blacklisting or in any other manner discrimi- (v) the States where recruited workers are em-
nating or retaliating against any worker or (i) the date of the last action which con-
ployed; and
their family members (including a former worker stituted the conduct that is the subject of the
(vi) the name and address of the registered
or an applicant for employment) because such complaint took place; or
agent in the United States who is authorized to
worker disclosed information to any person (ii) the date on which the aggrieved party had
accept service of process on behalf of the foreign
based on a reason to believe that the foreign actual knowledge of such conduct.
labor recruiter; and
labor recruiter, or any agent or subcontractee of (B) of foreign labor recruiters whose registra- (B) DECISION AND PENALTIES.—If the Sec-
such foreign labor recruiter, is engaging or has tion the Secretary has revoked. retary of Labor finds, after notice and an oppor-
engaged in a foreign labor recruiting activity (2) PERSONNEL.—The Secretary of State shall tunity for a hearing, that a foreign labor re-
that does not comply with this subtitle. ensure that each United States diplomatic mis- cruiter failed to comply with any of the require-
(7) EMPLOYEES, AGENTS, AND sion is staffed with a person who shall be re- ments of this subtitle, the Secretary of Labor
SUBCONTRACTEES.—The foreign labor recruiter sponsible for receiving information from mem- may—
shall consent to be liable for the conduct of any bers of the public regarding potential violations (i) levy a fine against the foreign labor re-
agents or subcontractees of any level in relation of the requirements applicable to registered for- cruiter in an amount not more than—
to the foreign labor recruiting activity of the eign labor recruiters and ensuring that such in- (I) $10,000 per violation; and
agent or subcontractee to the same extent as if formation is conveyed to the Secretary of Labor (II) $25,000 per violation, upon the third viola-
the foreign labor recruiter had engaged in such for evaluation and initiation of an enforcement tion;
conduct. action, if appropriate. (ii) order the forfeiture (or partial forfeiture)
(8) ENFORCEMENT.—If the foreign labor re- (3) VISA APPLICATION PROCEDURES.—The Sec- of the bond and release of as much of the bond
cruiter is conducting foreign labor recruiting ac- retary shall ensure that consular officers issuing as the Secretary determines is necessary for the
tivity wholly outside the United States, such visas to nonimmigrants under section worker to recover prohibited recruitment fees;
foreign labor recruiter shall establish a reg- 101(a)(1)(H)(ii)(a) of the Immigration and Na- (iii) refuse to issue or renew a registration, or
istered agent in the United States who is au- tionality Act (8 U.S.C. 11001(a)(1)(H)(ii)(a))— revoke a registration; or
thorized to accept service of process on behalf of (A) provide to and review with the applicant, (iv) disqualify the foreign labor recruiter from
the foreign labor recruiter for the purpose of in the applicant’s language (or a language the registration for a period of up to 5 years, or in
any administrative proceeding under this title or applicant understands), a copy of the informa- the case of a subsequent finding involving will-
any Federal court civil action, if such service is tion and resources pamphlet required by section ful or multiple material violations, permanently
made in accordance with the appropriate Fed- 202 of the William Wilberforce Trafficking Vic- disqualify the foreign labor recruiter from reg-
ctelli on DSK11ZRN23PROD with HOUSE
eral rules for service of process. tims Protection Reauthorization Act of 2008 (8 istration.
(d) TERM OF REGISTRATION.—Unless sus- U.S.C. 1375b); (2) AUTHORITY TO ENSURE COMPLIANCE.—The
pended or revoked, a registration under this sec- (B) ensure that the applicant has a copy of Secretary of Labor is authorized to take other
tion shall be valid for 2 years. the approved job offer or work contract; such actions, including issuing subpoenas and
(e) APPLICATION FEE.—The Secretary shall re- (C) note in the visa application file whether seeking appropriate injunctive relief, as may be
quire a foreign labor recruiter that submits an the foreign labor recruiter has a valid registra- necessary to assure compliance with the terms
application for registration under this section to tion under this section; and and conditions of this subtitle.
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March 18, 2021 CONGRESSIONAL RECORD — HOUSE H1543
(3) STATUTORY CONSTRUCTION.—Nothing in (B) in any Federal or State civil court action ‘‘SEC. 274E.REQUIREMENTS FOR THE ELEC-
this subsection may be construed as limiting the filed against the foreign labor recruiter by or on TRONIC VERIFICATION OF EMPLOY-
MENT ELIGIBILITY.
authority of the Secretary of Labor to conduct behalf of such workers or other aggrieved party
an investigation— under this subtitle. ‘‘(a) EMPLOYMENT ELIGIBILITY VERIFICATION
(A) under any other law, including any law (2) CLARIFICATION.—Nothing in this subtitle SYSTEM.—
affecting migrant and seasonal agricultural ‘‘(1) IN GENERAL.—The Secretary of Homeland
shall be construed to prohibit an aggrieved
workers; or Security (referred to in this section as the ‘Sec-
party or parties from bringing a civil action for
(B) in the absence of a complaint. retary’) shall establish and administer an elec-
violations of this subtitle or any other Federal
(c) CIVIL ACTION.— tronic verification system (referred to in this sec-
or State law against any employer who hired
(1) IN GENERAL.—The Secretary of Labor or tion as the ‘System’), patterned on the E–Verify
workers referred by a foreign labor recruiter—
any person aggrieved by a violation of this sub- Program described in section 403(a) of the Illegal
(A) without a valid registration at the time of Immigration Reform and Immigrant Responsi-
title may bring a civil action against any foreign
hire; or bility Act of 1996 (8 U.S.C. 1324a note) (as in ef-
labor recruiter, or any employer that does not
(B) with a valid registration if the employer fect on the day before the effective date de-
meet the requirements under subsection (d)(1),
knew or learned of the violation and failed to scribed in section 303(a)(4) of the Farm Work-
in any court of competent jurisdiction—
(A) to seek remedial action, including injunc- report such violation to the Secretary. force Modernization Act of 2021), and using the
tive relief; and (e) PAROLE TO PURSUE RELIEF.—If other im- employment eligibility confirmation system es-
(B) for damages in accordance with the provi- migration relief is not available, the Secretary of tablished under section 404 of such Act (8 U.S.C.
sions of this subsection. Homeland Security may grant parole to permit 1324a note) (as so in effect) as a foundation,
(2) AWARD FOR CIVIL ACTION FILED BY AN INDI- an individual to remain legally in the United through which the Secretary shall—
VIDUAL.— States for time sufficient to fully and effectively ‘‘(A) respond to inquiries made by persons or
(A) IN GENERAL.—If the court finds in a civil participate in all legal proceedings related to entities seeking to verify the identity and em-
action filed by an individual under this section any action taken pursuant to subsection (b) or ployment authorization of individuals that such
that the defendant has violated any provision of (c). persons or entities seek to hire, or to recruit or
this subtitle, the court may award— (f) WAIVER OF RIGHTS.—Agreements by em- refer for a fee, for employment in the United
(i) damages, up to and including an amount ployees purporting to waive or to modify their States; and
equal to the amount of actual damages, and rights under this subtitle shall be void as con- ‘‘(B) maintain records of the inquiries that
statutory damages of up to $1,000 per plaintiff trary to public policy. were made, and of verifications provided (or not
per violation, or other equitable relief, except (g) LIABILITY FOR AGENTS.—Foreign labor re- provided) to such persons or entities as evidence
that with respect to statutory damages— cruiters shall be subject to the provisions of this of compliance with the requirements of this sec-
(I) multiple infractions of a single provision of section for violations committed by the foreign tion.
this subtitle (or of a regulation under this sub- labor recruiter’s agents or subcontractees of any ‘‘(2) INITIAL RESPONSE DEADLINE.—The System
title) shall constitute only one violation for pur- level in relation to their foreign labor recruiting shall provide confirmation or a tentative non-
poses of this subsection to determine the amount activity to the same extent as if the foreign labor confirmation of an individual’s identity and em-
of statutory damages due a plaintiff; and recruiter had committed the violation. ployment authorization as soon as practicable,
(II) if such complaint is certified as a class ac- but not later than 3 calendar days after the ini-
SEC. 253. APPROPRIATIONS.
tion the court may award— tial inquiry.
(aa) damages up to an amount equal to the There is authorized to be appropriated such ‘‘(3) GENERAL DESIGN AND OPERATION OF SYS-
amount of actual damages; and sums as may be necessary for the Secretary of TEM.—The Secretary shall design and operate
(bb) statutory damages of not more than the Labor and Secretary of State to carry out the the System—
lesser of up to $1,000 per class member per viola- provisions of this subtitle. ‘‘(A) using responsive web design and other
tion, or up to $500,000; and other equitable re- SEC. 254. DEFINITIONS. technologies to maximize its ease of use and ac-
lief; For purposes of this subtitle: cessibility for users on a variety of electronic de-
(ii) reasonable attorneys’ fees and costs; and (1) FOREIGN LABOR RECRUITER.—The term vices and screen sizes, and in remote locations;
(iii) such other and further relief as necessary ‘‘(B) to maximize the accuracy of responses to
‘‘foreign labor recruiter’’ means any person who
to effectuate the purposes of this subtitle. inquiries submitted by persons or entities;
performs foreign labor recruiting activity in ex-
(B) CRITERIA.—In determining the amount of ‘‘(C) to maximize the reliability of the System
change for money or other valuable consider-
statutory damages to be awarded under sub- and to register each instance when the System is
ation paid or promised to be paid, to recruit in-
paragraph (A), the court is authorized to con- unable to receive inquiries;
dividuals to work as nonimmigrant workers de-
sider whether an attempt was made to resolve ‘‘(D) to protect the privacy and security of the
scribed in section 101(a)(15)(H)(ii)(a) of the Im-
the issues in dispute before the resort to litiga- personally identifiable information maintained
migration and Nationality Act (8 U.S.C.
tion. by or submitted to the System;
(C) BOND.—To satisfy the damages, fees, and 1101(a)(15)(H)(ii)(a)), including any person who
‘‘(E) to provide direct notification of an in-
costs found owing under this paragraph, the performs foreign labor recruiting activity wholly
quiry to an individual with respect to whom the
Secretary shall release as much of the bond held outside of the United States. Such term does not
inquiry is made, including the results of such
pursuant to section 251(c)(4) as necessary. include any entity of the United States Govern-
inquiry, and information related to the process
(3) SUMS RECOVERED IN ACTIONS BY THE SEC- ment or an employer, or employee of an em-
for challenging the results, in cases in which the
RETARY OF LABOR.— ployer, who engages in foreign labor recruiting
individual has established a user account as de-
(A) ESTABLISHMENT OF ACCOUNT.—There is es- activity solely to find employees for that em-
scribed in paragraph (4)(B) or an electronic mail
tablished in the general fund of the Treasury a ployer’s own use, and without the participation
address for the individual is submitted by the
separate account, which shall be known as the of any other foreign labor recruiter.
person or entity at the time the inquiry is made;
‘‘H–2A Foreign Labor Recruiter Compensation (2) FOREIGN LABOR RECRUITING ACTIVITY.— and
Account’’. Notwithstanding any other provi- The term ‘‘foreign labor recruiting activity’’ ‘‘(F) to maintain appropriate administrative,
sions of law, there shall be deposited as offset- means recruiting, soliciting, or related activities technical, and physical safeguards to prevent
ting receipts into the account, all sums recov- with respect to an individual who resides out- misuse of the System and unfair immigration-re-
ered in an action by the Secretary of Labor side of the United States in furtherance of em- lated employment practices.
under this subsection. ployment in the United States, including when ‘‘(4) MEASURES TO PREVENT IDENTITY THEFT
(B) USE OF FUNDS.—Amounts deposited into such activity occurs wholly outside of the AND OTHER FORMS OF FRAUD.—To prevent iden-
the H–2A Foreign Labor Recruiter Compensa- United States. tity theft and other forms of fraud, the Sec-
tion Account and shall be paid directly to each (3) RECRUITMENT FEES.—The term ‘‘recruit- retary shall design and operate the System with
worker affected. Any such sums not paid to a ment fees’’ has the meaning given to such term the following attributes:
worker because of inability to do so within a pe- under section 22.1702 of title 22 of the Code of ‘‘(A) PHOTO MATCHING TOOL.—The System
riod of 5 years following the date such funds are Federal Regulations, as in effect on the date of shall display the digital photograph of the indi-
deposited into the account shall remain avail- enactment of this Act. vidual, if any, that corresponds to the document
able to the Secretary until expended. The Sec- (4) PERSON.—The term ‘‘person’’ means any presented by an individual to establish identity
retary may transfer all or a portion of such re- natural person or any corporation, company, and employment authorization so that the per-
maining sums to appropriate agencies to support firm, partnership, joint stock company or asso- son or entity that makes an inquiry can com-
the enforcement of the laws prohibiting the traf- ciation or other organization or entity (whether pare the photograph displayed by the System to
ficking and exploitation of persons or programs organized under law or not), including munic- the photograph on the document presented by
that aid trafficking victims. ipal corporations. the individual.
(d) EMPLOYER SAFE HARBOR.— ‘‘(B) INDIVIDUAL MONITORING AND SUSPENSION
TITLE III—ELECTRONIC VERIFICATION OF
(1) IN GENERAL.—An employer that hires OF IDENTIFYING INFORMATION.—The System
EMPLOYMENT ELIGIBILITY
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workers referred by a foreign labor recruiter shall enable individuals to establish user ac-
with a valid registration at the time of hiring SEC. 301. ELECTRONIC EMPLOYMENT ELIGIBILITY counts, after authentication of an individual’s
shall not be held jointly liable for a violation VERIFICATION SYSTEM. identity, that would allow an individual to—
committed solely by a foreign labor recruiter (a) IN GENERAL.—Chapter 8 of title II of the ‘‘(i) confirm the individual’s own employment
under this subtitle— Immigration and Nationality Act (8 U.S.C. 1321 authorization;
(A) in any administrative action initiated by et seq.) is amended by inserting after section ‘‘(ii) receive electronic notification when the
the Secretary concerning such violation; or 274D the following: individual’s social security account number or
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H1544 CONGRESSIONAL RECORD — HOUSE March 18, 2021
other personally identifying information has od, which, within the time periods specified in (3) of section 274A(a) are, in the case of a person
been submitted to the System; paragraph (2) and subsection (b)(4)(D)(i)(II), or entity that uses the System for the hiring, re-
‘‘(iii) monitor the use history of the individ- compares the name and identification or other cruiting, or referring for a fee, an individual for
ual’s personally identifying information in the authorization number (or any other information employment in the United States, the following:
System, including the identities of all persons or determined relevant by the Secretary) which are ‘‘(1) INDIVIDUAL ATTESTATION OF EMPLOYMENT
entities that have submitted such identifying in- provided in an inquiry against such information AUTHORIZATION.—During the period beginning
formation to the System, the date of each query maintained or accessed by the Secretary in order on the date on which an offer of employment is
run, and the System response for each query to validate (or not validate) the information accepted and ending on the date of hire, the in-
run; provided, the correspondence of the name and dividual shall attest, under penalty of perjury
‘‘(iv) suspend or limit the use of the individ- number, and whether the individual is author- on a form designated by the Secretary, that the
ual’s social security account number or other ized to be employed in the United States. individual is authorized to be employed in the
personally identifying information for purposes ‘‘(B) TRAINING.—The Secretary shall provide United States by providing on such form—
of the System; and and regularly update training materials on the ‘‘(A) the individual’s name and date of birth;
‘‘(v) provide notice to the Department of use of the System for persons and entities mak- ‘‘(B) the individual’s social security account
Homeland Security of any suspected identity ing inquiries. number (unless the individual has applied for
fraud or other improper use of personally identi- ‘‘(C) AUDIT.—The Secretary shall provide for and not yet been issued such a number);
fying information. periodic auditing of the System to detect and ‘‘(C) whether the individual is—
‘‘(C) BLOCKING MISUSED SOCIAL SECURITY AC- prevent misuse, discrimination, fraud, and iden- ‘‘(i) a citizen or national of the United States;
COUNT NUMBERS.— ‘‘(ii) an alien lawfully admitted for permanent
tity theft, to protect privacy and assess System
‘‘(i) IN GENERAL.—The Secretary, in consulta-
accuracy, and to preserve the integrity and se- residence; or
tion with the Commissioner of Social Security ‘‘(iii) an alien who is otherwise authorized by
(referred to in this section as the ‘Commis- curity of the information in the System.
‘‘(D) NOTICE OF SYSTEM CHANGES.—The Sec- the Secretary to be hired, recruited, or referred
sioner’), shall develop, after publication in the
retary shall provide appropriate notification to for employment in the United States; and
Federal Register and an opportunity for public ‘‘(D) if the individual does not attest to
persons and entities registered in the System of
comment, a process in which social security ac- United States citizenship or nationality, such
any change made by the Secretary or the Com-
count numbers that have been identified to be
missioner related to permitted and prohibited identification or other authorization number es-
subject to unusual multiple use in the System or
documents, and use of the System. tablished by the Department of Homeland Secu-
that are otherwise suspected or determined to
‘‘(7) RESPONSIBILITIES OF THE SECRETARY OF rity for the alien as the Secretary may specify.
have been compromised by identity fraud or
STATE.—As part of the System, the Secretary of ‘‘(2) EMPLOYER ATTESTATION AFTER EXAMINA-
other misuse, shall be blocked from use in the
State shall provide to the Secretary of Homeland TION OF DOCUMENTS.—Not later than 3 business
System unless the individual using such number
Security access to passport and visa information days after the date of hire, the person or entity
is able to establish, through secure and fair pro-
as needed to confirm that a passport or passport shall attest, under penalty of perjury on the
cedures, that the individual is the legitimate
card presented under subsection (b)(3)(A)(i) con- form designated by the Secretary for purposes of
holder of the number.
‘‘(ii) NOTICE.—If the Secretary blocks or sus- firms the employment authorization and iden- paragraph (1), that it has verified that the indi-
pends a social security account number under tity of the individual presenting such document, vidual is not an unauthorized alien by—
this subparagraph, the Secretary shall provide and that a passport, passport card, or visa pho- ‘‘(A) obtaining from the individual the infor-
notice to the persons or entities that have made tograph matches the Secretary of State’s mation described in paragraph (1) and recording
inquiries to the System using such account num- records, and shall provide such assistance as the such information on the form;
ber that the identity and employment authoriza- Secretary of Homeland Security may request in ‘‘(B) examining—
tion of the individual who provided such ac- order to resolve tentative nonconfirmations or ‘‘(i) a document described in paragraph
count number must be re-verified. final nonconfirmations relating to such informa- (3)(A); or
‘‘(D) ADDITIONAL IDENTITY AUTHENTICATION tion. ‘‘(ii) a document described in paragraph
TOOL.—The Secretary shall develop, after publi- ‘‘(8) UPDATING INFORMATION.—The Commis- (3)(B) and a document described in paragraph
cation in the Federal Register and an oppor- sioner, the Secretary of Homeland Security, and (3)(C); and
tunity for public comment, additional security the Secretary of State shall update records in ‘‘(C) attesting that the information recorded
measures to adequately verify the identity of an their custody in a manner that promotes max- on the form is consistent with the documents ex-
individual whose identity may not be verified imum accuracy of the System and shall provide amined.
using the photo tool described in subparagraph a process for the prompt correction of erroneous ‘‘(3) ACCEPTABLE DOCUMENTS.—
(A). Such additional security measures— information, including instances in which it is ‘‘(A) DOCUMENTS ESTABLISHING EMPLOYMENT
‘‘(i) shall be kept up-to-date with techno- brought to their attention through the tentative AUTHORIZATION AND IDENTITY.—A document de-
logical advances; and nonconfirmation review process under sub- scribed in this subparagraph is an individ-
‘‘(ii) shall be designed to provide a high level section (b)(4)(D). ual’s—
of certainty with respect to identity authentica- ‘‘(9) MANDATORY AND VOLUNTARY SYSTEM ‘‘(i) United States passport or passport card;
tion. USES.— ‘‘(ii) permanent resident card that contains a
‘‘(E) CHILD-LOCK PILOT PROGRAM.—The Sec- ‘‘(A) MANDATORY USERS.—Except as otherwise photograph;
retary, in consultation with the Commissioner, provided under Federal or State law, such as ‘‘(iii) foreign passport containing temporary
shall establish a reliable, secure program sections 302 and 303 of the Farm Workforce evidence of lawful permanent residence in the
through which parents or legal guardians may Modernization Act of 2021, nothing in this sec- form of an official I–551 (or successor) stamp
suspend or limit the use of the social security tion shall be construed as requiring the use of from the Department of Homeland Security or a
account number or other personally identifying the System by any person or entity hiring, re- printed notation on a machine-readable immi-
information of a minor under their care for pur- cruiting, or referring for a fee, an individual for grant visa;
poses of the System. The Secretary may imple- employment in the United States. ‘‘(iv) unexpired employment authorization
ment the program on a limited pilot basis before ‘‘(B) VOLUNTARY USERS.—Beginning after the card that contains a photograph;
making it fully available to all individuals. date that is 30 days after the date on which ‘‘(v) in the case of a nonimmigrant alien au-
‘‘(5) RESPONSIBILITIES OF THE COMMISSIONER final rules are published under section 309(a) of thorized to engage in employment for a specific
OF SOCIAL SECURITY.—The Commissioner, in the Farm Workforce Modernization Act of 2021, employer incident to status, a foreign passport
consultation with the Secretary, shall establish a person or entity may use the System on a vol- with Form I–94, Form I–94A, or other docu-
a reliable, secure method, which, within the untary basis to seek verification of the identity mentation as designated by the Secretary speci-
time periods specified in paragraph (2) and sub- and employment authorization of individuals fying the alien’s nonimmigrant status as long as
section (b)(4)(D)(i)(II), compares the name and the person or entity is hiring, recruiting, or re- such status has not yet expired and the pro-
social security account number provided in an ferring for a fee for employment in the United posed employment is not in conflict with any re-
inquiry against such information maintained by States. strictions or limitations identified in the docu-
the Commissioner in order to validate (or not ‘‘(C) PROCESS FOR NON-USERS.—The employ- mentation;
validate) the information provided by the person ment verification process for any person or enti- ‘‘(vi) passport from the Federated States of
or entity with respect to an individual whose ty hiring, recruiting, or referring for a fee, an Micronesia or the Republic of the Marshall Is-
identity and employment authorization the per- individual for employment in the United States lands with Form I–94, Form I–94A, or other doc-
son or entity seeks to confirm, the correspond- shall be governed by section 274A(b) unless the umentation as designated by the Secretary, indi-
ence of the name and number, and whether the person or entity— cating nonimmigrant admission under the Com-
individual has presented a social security ac- ‘‘(i) is required by Federal or State law to use pact of Free Association Between the United
count number that is not valid for employment. the System; or States and the Federated States of Micronesia or
The Commissioner shall not disclose or release ‘‘(ii) has opted to use the System voluntarily the Republic of the Marshall Islands; or
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social security information (other than such in accordance with subparagraph (B). ‘‘(vii) other document designated by the Sec-
confirmation or nonconfirmation) under the ‘‘(10) NO FEE FOR USE.—The Secretary may retary, by notice published in the Federal Reg-
System except as provided under this section. not charge a fee to an individual, person, or en- ister, if the document—
‘‘(6) RESPONSIBILITIES OF THE SECRETARY OF tity related to the use of the System. ‘‘(I) contains a photograph of the individual,
HOMELAND SECURITY.— ‘‘(b) NEW HIRES, RECRUITMENT, AND REFER- biometric identification data, and other personal
‘‘(A) IN GENERAL.—The Secretary of Homeland RAL.—Notwithstanding section 274A(b), the re- identifying information relating to the indi-
Security shall establish a reliable, secure meth- quirements referred to in paragraphs (1)(B) and vidual;
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March 18, 2021 CONGRESSIONAL RECORD — HOUSE H1545
‘‘(II) is evidence of authorization for employ- ‘‘(D) TENTATIVE NONCONFIRMATION.— entity shall, not later than 3 business days after
ment in the United States; and ‘‘(i) IN GENERAL.—In cases of tentative non- receipt, notify such individual of the final non-
‘‘(III) contains security features to make it re- confirmation, the Secretary shall provide, in confirmation in writing, on a form designated
sistant to tampering, counterfeiting, and fraud- consultation with the Commissioner, a process by the Secretary, which shall include informa-
ulent use. for— tion regarding the individual’s right to appeal
‘‘(B) DOCUMENTS ESTABLISHING EMPLOYMENT ‘‘(I) an individual to contest the tentative the final nonconfirmation as provided under
AUTHORIZATION.—A document described in this nonconfirmation not later than 10 business days subparagraph (F). The person or entity shall at-
subparagraph is— after the date of the receipt of the notice de- test, under penalty of perjury, that the person
‘‘(i) an individual’s social security account scribed in clause (ii); and or entity provided (or attempted to provide) the
number card (other than such a card which ‘‘(II) the Secretary to issue a confirmation or notice to the individual, and the individual
specifies on the face that the issuance of the final nonconfirmation of an individual’s iden- shall acknowledge receipt of such notice in a
card does not authorize employment in the tity and employment authorization not later manner designated by the Secretary.
United States); or than 30 calendar days after the Secretary re- ‘‘(ii) TERMINATION OR NOTIFICATION OF CON-
‘‘(ii) a document establishing employment au- ceives notice from the individual contesting a TINUED EMPLOYMENT.—If a person or entity re-
thorization that the Secretary determines, by tentative nonconfirmation. ceives a final nonconfirmation regarding an in-
notice published in the Federal Register, to be ‘‘(ii) NOTICE.—If a person or entity receives a dividual, the person or entity may terminate em-
acceptable for purposes of this subparagraph, tentative nonconfirmation of an individual’s ployment of the individual. If the person or en-
provided that such documentation contains se- identity or employment authorization, the per- tity does not terminate such employment pend-
curity features to make it resistant to tampering, son or entity shall, not later than 3 business ing appeal of the final nonconfirmation, the
counterfeiting, and fraudulent use. days after receipt, notify such individual in person or entity shall notify the Secretary of
‘‘(C) DOCUMENTS ESTABLISHING IDENTITY.—A writing in a language understood by the indi- such fact through the System. Failure to notify
document described in this subparagraph is— vidual and on a form designated by the Sec- the Secretary in accordance with this clause
‘‘(i) an individual’s driver’s license or identi- retary, that shall include a description of the shall be deemed a violation of section
fication card if it was issued by a State or one individual’s right to contest the tentative non- 274A(a)(1)(A).
of the outlying possessions of the United States confirmation. The person or entity shall attest, ‘‘(iii) PRESUMPTION OF VIOLATION FOR CONTIN-
and contains a photograph and personal identi- under penalty of perjury, that the person or en- UED EMPLOYMENT.—If a person or entity con-
fying information relating to the individual; tity provided (or attempted to provide) such no- tinues to employ an individual after receipt of a
‘‘(ii) an individual’s unexpired United States tice to the individual, and the individual shall final nonconfirmation, there shall be a rebutta-
military identification card; acknowledge receipt of such notice in a manner ble presumption that the person or entity has
‘‘(iii) an individual’s unexpired Native Amer- specified by the Secretary. violated paragraphs (1)(A) and (a)(2) of section
ican tribal identification document issued by a ‘‘(iii) NO CONTEST.— 274A(a).
tribal entity recognized by the Bureau of Indian ‘‘(I) IN GENERAL.—A tentative nonconfirma- ‘‘(F) APPEAL OF FINAL NONCONFIRMATION.—
Affairs; tion shall become final if, upon receiving the no- ‘‘(i) ADMINISTRATIVE APPEAL.—The Secretary,
‘‘(iv) in the case of an individual under 18 tice described in clause (ii), the individual— in consultation with the Commissioner, shall de-
years of age, a parent or legal guardian’s attes- ‘‘(aa) refuses to acknowledge receipt of such velop a process by which an individual may seek
tation under penalty of law as to the identity notice; administrative review of a final nonconfirma-
and age of the individual; or ‘‘(bb) acknowledges in writing, in a manner tion. Such process shall—
‘‘(v) a document establishing identity that the specified by the Secretary, that the individual ‘‘(I) permit the individual to submit additional
Secretary determines, by notice published in the will not contest the tentative nonconfirmation; evidence establishing identity or employment
Federal Register, to be acceptable for purposes or authorization;
of this subparagraph, if such documentation ‘‘(cc) fails to contest the tentative noncon- ‘‘(II) ensure prompt resolution of an appeal
contains a photograph of the individual, biomet- firmation within the 10-business-day period be- (but in no event shall there be a failure to re-
ric identification data, and other personal iden- ginning on the date the individual received such spond to an appeal within 30 days); and
tifying information relating to the individual, notice. ‘‘(III) permit the Secretary to impose a civil
and security features to make it resistant to ‘‘(II) RECORD OF NO CONTEST.—The person or money penalty (not to exceed $500) on an indi-
tampering, counterfeiting, and fraudulent use. entity shall indicate in the System that the indi- vidual upon finding that an appeal was frivo-
‘‘(D) AUTHORITY TO PROHIBIT USE OF CERTAIN vidual did not contest the tentative noncon- lous or filed for purposes of delay.
DOCUMENTS.—If the Secretary finds that any firmation and shall specify the reason the ten- ‘‘(ii) COMPENSATION FOR LOST WAGES RESULT-
document or class of documents described in tative nonconfirmation became final under sub- ING FROM GOVERNMENT ERROR OR OMISSION.—
subparagraph (A), (B), or (C) does not reliably clause (I). ‘‘(I) IN GENERAL.—If, upon consideration of
establish identity or employment authorization ‘‘(III) EFFECT OF FAILURE TO CONTEST.—An an appeal of a final nonconfirmation, the Sec-
or is being used fraudulently to an unacceptable individual’s failure to contest a tentative non- retary determines that the final nonconfirma-
degree, the Secretary may, by notice published confirmation shall not be considered an admis- tion was issued in error, the Secretary shall fur-
in the Federal Register, prohibit or place condi- sion of any fact with respect to any violation of ther determine whether the final nonconfirma-
tions on the use of such document or class of this Act or any other provision of law. tion was the result of government error or omis-
documents for purposes of this section. ‘‘(iv) CONTEST.— sion. If the Secretary determines that the final
‘‘(4) USE OF THE SYSTEM TO SCREEN IDENTITY ‘‘(I) IN GENERAL.—An individual may contest nonconfirmation was solely the result of govern-
AND EMPLOYMENT AUTHORIZATION.— a tentative nonconfirmation by using the ten- ment error or omission and the individual was
‘‘(A) IN GENERAL.—In the case of a person or tative nonconfirmation review process under terminated from employment, the Secretary shall
entity that uses the System for the hiring, re- clause (i), not later than 10 business days after compensate the individual for lost wages.
cruiting, or referring for a fee an individual for receiving the notice described in clause (ii). Ex- ‘‘(II) CALCULATION OF LOST WAGES.—Lost
employment in the United States, during the pe- cept as provided in clause (iii), the noncon- wages shall be calculated based on the wage
riod described in subparagraph (B), the person firmation shall remain tentative until a con- rate and work schedule that were in effect prior
or entity shall submit an inquiry through the firmation or final nonconfirmation is provided to the individual’s termination. The individual
System described in subsection (a) to seek by the System. shall be compensated for lost wages beginning
verification of the identity and employment au- ‘‘(II) PROHIBITION ON TERMINATION.—In no on the first scheduled work day after employ-
thorization of the individual. case shall a person or entity terminate employ- ment was terminated and ending 90 days after
‘‘(B) VERIFICATION PERIOD.— ment or take any adverse employment action completion of the administrative review process
‘‘(i) IN GENERAL.—Except as provided in against an individual for failure to obtain con- described in this subparagraph or the day the
clause (ii), and subject to subsection (d), the firmation of the individual’s identity and em- individual is reinstated or obtains other employ-
verification period shall begin on the date of ployment authorization until the person or enti- ment, whichever occurs first.
hire and end on the date that is 3 business days ty receives a notice of final nonconfirmation ‘‘(III) LIMITATION ON COMPENSATION.—No
after the date of hire, or such other reasonable from the System. Nothing in this subclause shall compensation for lost wages shall be awarded
period as the Secretary may prescribe. prohibit an employer from terminating the em- for any period during which the individual was
‘‘(ii) SPECIAL RULE.—In the case of an alien ployment of the individual for any other lawful not authorized for employment in the United
who is authorized to be employed in the United reason. States.
States and who provides evidence from the So- ‘‘(III) CONFIRMATION OR FINAL NONCONFIRMA- ‘‘(IV) SOURCE OF FUNDS.—There is established
cial Security Administration that the alien has TION.—The Secretary, in consultation with the in the general fund of the Treasury, a separate
applied for a social security account number, Commissioner, shall issue notice of a confirma- account which shall be known as the ‘Electronic
the verification period shall end 3 business days tion or final nonconfirmation of the individual’s Verification Compensation Account’. Fees col-
after the alien receives the social security ac- identity and employment authorization not later lected under subsections (f) and (g) shall be de-
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count number. than 30 calendar days after the date the Sec- posited in the Electronic Verification Compensa-
‘‘(C) CONFIRMATION.—If a person or entity re- retary receives notice from the individual con- tion Account and shall remain available for
ceives confirmation of an individual’s identity testing the tentative nonconfirmation. purposes of providing compensation for lost
and employment authorization, the person or ‘‘(E) FINAL NONCONFIRMATION.— wages under this subclause.
entity shall record such confirmation on the ‘‘(i) NOTICE.—If a person or entity receives a ‘‘(iii) JUDICIAL REVIEW.—Not later than 30
form designated by the Secretary for purposes of final nonconfirmation of an individual’s iden- days after the dismissal of an appeal under this
paragraph (1). tity or employment authorization, the person or subparagraph, an individual may seek judicial
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H1546 CONGRESSIONAL RECORD — HOUSE March 18, 2021
review of such dismissal in the United States ‘‘(D) the person or entity has not corrected ‘‘(A) IN GENERAL.—A person or entity that
District Court in the jurisdiction in which the the failure voluntarily within such period. uses the System is presumed to have acted with
employer resides or conducts business. ‘‘(3) EXCEPTION FOR PATTERN OR PRACTICE knowledge for purposes of paragraphs (1)(A)
‘‘(5) RETENTION OF VERIFICATION RECORDS.— VIOLATORS.—Paragraph (1) shall not apply to a and (2) of section 274A(a) if the person or entity
‘‘(A) IN GENERAL.—After completing the form person or entity that has engaged or is engaging fails to make an inquiry to verify the identity
designated by the Secretary in accordance with in a pattern or practice of violations of para- and employment authorization of the individual
paragraphs (1) and (2), the person or entity graph (1)(A) or (2) of section 274A(a). through the System.
shall retain the form in paper, microfiche, ‘‘(4) DEFENSE.—In the case of a person or en- ‘‘(B) GOOD FAITH EXEMPTION.—In the case of
microfilm, electronic, or other format deemed ac- tity that uses the System for the hiring, recruit- imposition of a civil penalty under paragraph
ceptable by the Secretary, and make it available ing, or referring for a fee an individual for em- (2)(A) with respect to a violation of paragraph
for inspection by officers of the Department of ployment in the United States, the person or en- (1)(A) or (2) of section 274A(a) for hiring or con-
Homeland Security, the Department of Justice, tity shall not be liable to a job applicant, an em- tinuation of employment or recruitment or refer-
or the Department of Labor during the period ployee, the Federal Government, or a State or ral by a person or entity, and in the case of im-
beginning on the date the verification is com- local government, under Federal, State, or local position of a civil penalty under paragraph (3)
pleted and ending on the later of— criminal or civil law, for any employment-re- for a violation of section 274A(a)(1)(B) for hir-
‘‘(i) the date that is 3 years after the date of lated action taken with respect to an employee ing or recruitment or referral by a person or en-
hire; or in good-faith reliance on information provided tity, the penalty otherwise imposed may be
‘‘(ii) the date that is 1 year after the date on by the System. Such person or entity shall be waived or reduced if the person or entity estab-
which the individual’s employment is termi- deemed to have established compliance with its lishes that the person or entity acted in good
nated. obligations under this section, absent a showing faith.
‘‘(B) COPYING OF DOCUMENTATION PER- by the Secretary, by clear and convincing evi- ‘‘(5) MITIGATION ELEMENTS.—For purposes of
MITTED.—Notwithstanding any other provision dence, that the employer had knowledge that an paragraphs (2)(A) and (3), when assessing the
of law, a person or entity may copy a document employee is an unauthorized alien. level of civil money penalties, in addition to the
presented by an individual pursuant to this sec- ‘‘(e) LIMITATIONS.— good faith of the person or entity being charged,
tion and may retain the copy, but only for the ‘‘(1) NO NATIONAL IDENTIFICATION CARD.— due consideration shall be given to the size of
purpose of complying with the requirements of Nothing in this section shall be construed to au- the business, the seriousness of the violation,
this section. thorize, directly or indirectly, the issuance or whether or not the individual was an unauthor-
‘‘(c) REVERIFICATION OF PREVIOUSLY HIRED use of national identification cards or the estab- ized alien, and the history of previous viola-
INDIVIDUALS.— lishment of a national identification card. tions.
‘‘(1) MANDATORY REVERIFICATION.—In the ‘‘(2) USE OF RECORDS.—Notwithstanding any ‘‘(6) CRIMINAL PENALTY.—Notwithstanding
case of a person or entity that uses the System other provision of law, nothing in this section section 274A(f)(1) and the provisions of any
for the hiring, recruiting, or referring for a fee shall be construed to permit or allow any de- other Federal law relating to fine levels, any
an individual for employment in the United partment, bureau, or other agency of the United person or entity that is required to comply with
States, the person or entity shall submit an in- States Government to utilize any information, the provisions of this section and that engages
quiry using the System to verify the identity database, or other records assembled under this in a pattern or practice of violations of para-
and employment authorization of— section for any purpose other than the graph (1) or (2) of section 274A(a), shall be fined
‘‘(A) an individual with a limited period of verification of identity and employment author- not more than $5,000 for each unauthorized
employment authorization, within 3 business ization of an individual or to ensure the secure, alien with respect to whom such a violation oc-
days before the date on which such employment appropriate, and non-discriminatory use of the curs, imprisoned for not more than 18 months,
authorization expires; and System. or both.
‘‘(B) an individual, not later than 10 days ‘‘(f) PENALTIES.— ‘‘(7) ELECTRONIC VERIFICATION COMPENSATION
after receiving a notification from the Secretary ‘‘(1) IN GENERAL.—Except as provided in this ACCOUNT.—Civil money penalties collected under
requiring the verification of such individual subsection, the provisions of subsections (e) this subsection shall be deposited in the Elec-
pursuant to subsection (a)(4)(C). through (g) of section 274A shall apply with re- tronic Verification Compensation Account for
‘‘(2) REVERIFICATION PROCEDURES.—The spect to compliance with the provisions of this the purpose of compensating individuals for lost
verification procedures under subsection (b) section and penalties for non-compliance for wages as a result of a final nonconfirmation
shall apply to reverifications under this sub- persons or entitles that use the System. issued by the System that was based on govern-
section, except that employers shall— ‘‘(2) CEASE AND DESIST ORDER WITH CIVIL ment error or omission, as set forth in subsection
‘‘(A) use a form designated by the Secretary MONEY PENALTIES FOR HIRING, RECRUITING, AND (b)(4)(F)(ii)(IV).
for purposes of this paragraph; and REFERRAL VIOLATIONS.—Notwithstanding the ‘‘(8) DEBARMENT.—
‘‘(B) retain the form in paper, microfiche, civil money penalties set forth in section ‘‘(A) IN GENERAL.—If a person or entity is de-
microfilm, electronic, or other format deemed ac- 274A(e)(4), with respect to a violation of para- termined by the Secretary to be a repeat violator
ceptable by the Secretary, and make it available graph (1)(A) or (2) of section 274A(a) by a per- of paragraph (1)(A) or (2) of section 274A(a) or
for inspection by officers of the Department of son or entity that has hired, recruited, or re- is convicted of a crime under section 274A, such
Homeland Security, the Department of Justice, ferred for a fee, an individual for employment in person or entity may be considered for debar-
or the Department of Labor during the period the United States, a cease and desist order— ment from the receipt of Federal contracts,
beginning on the date the reverification com- ‘‘(A) shall require the person or entity to pay grants, or cooperative agreements in accordance
mences and ending on the later of— a civil penalty in an amount, subject to sub- with the debarment standards and pursuant to
‘‘(i) the date that is 3 years after the date of section (d), of— the debarment procedures set forth in the Fed-
reverification; or ‘‘(i) not less than $2,500 and not more than eral Acquisition Regulation.
‘‘(ii) the date that is 1 year after the date on $5,000 for each unauthorized alien with respect ‘‘(B) NO CONTRACT, GRANT, AGREEMENT.—If
which the individual’s employment is termi- to whom a violation of either such subsection the Secretary or the Attorney General wishes to
nated. occurred; have a person or entity considered for debar-
‘‘(3) LIMITATION ON REVERIFICATION.—Except ‘‘(ii) not less than $5,000 and not more than ment in accordance with this paragraph, and
as provided in paragraph (1), a person or entity $10,000 for each such alien in the case of a per- such a person or entity does not hold a Federal
may not otherwise reverify the identity and em- son or entity previously subject to one order contract, grant or cooperative agreement, the
ployment authorization of a current employee, under this paragraph; or Secretary or Attorney General shall refer the
including an employee continuing in employ- ‘‘(iii) not less than $10,000 and not more than matter to the Administrator of General Services
ment. $25,000 for each such alien in the case of a per- to determine whether to list the person or entity
‘‘(d) GOOD FAITH COMPLIANCE.— son or entity previously subject to more than on the List of Parties Excluded from Federal
‘‘(1) IN GENERAL.—Except as otherwise pro- one order under this paragraph; and Procurement, and if so, for what duration and
vided in this subsection, a person or entity that ‘‘(B) may require the person or entity to take under what scope.
uses the System is considered to have complied such other remedial action as appropriate. ‘‘(C) CONTRACT, GRANT, AGREEMENT.—If the
with the requirements of this section notwith- ‘‘(3) ORDER FOR CIVIL MONEY PENALTY FOR Secretary or the Attorney General wishes to
standing a technical failure of the System, or VIOLATIONS.—With respect to a violation of sec- have a person or entity considered for debar-
other technical or procedural failure to meet tion 274A(a)(1)(B), the order under this para- ment in accordance with this paragraph, and
such requirement if there was a good faith at- graph shall require the person or entity to pay such person or entity holds a Federal contract,
tempt to comply with the requirement. a civil penalty in an amount, subject to para- grant, or cooperative agreement, the Secretary
‘‘(2) EXCEPTION FOR FAILURE TO CORRECT graphs (4), (5), and (6), of not less than $1,000 or Attorney General shall advise all agencies or
AFTER NOTICE.—Paragraph (1) shall not apply and not more than $25,000 for each individual departments holding a contract, grant, or coop-
if— with respect to whom such violation occurred. erative agreement with the person or entity of
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‘‘(A) the failure is not de minimis; Failure by a person or entity to utilize the Sys- the Government’s interest in having the person
‘‘(B) the Secretary has provided notice to the tem as required by law or providing information or entity considered for debarment, and after so-
person or entity of the failure, including an ex- to the System that the person or entity knows or liciting and considering the views of all such
planation as to why it is not de minimis; reasonably believes to be false, shall be treated agencies and departments, the Secretary or At-
‘‘(C) the person or entity has been provided a as a violation of section 274A(a)(1)(A). torney General may refer the matter to the ap-
period of not less than 30 days (beginning after ‘‘(4) EXEMPTION FROM PENALTY FOR GOOD propriate lead agency to determine whether to
the date of the notice) to correct the failure; and FAITH VIOLATION.— list the person or entity on the List of Parties
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March 18, 2021 CONGRESSIONAL RECORD — HOUSE H1547
Excluded from Federal Procurement, and if so, ‘‘(h) CLARIFICATION.—All rights and remedies (4) E–VERIFY VOLUNTARY USERS AND OTHERS
for what duration and under what scope. provided under any Federal, State, or local law DESIRING EARLY COMPLIANCE.—Nothing in this
‘‘(D) REVIEW.—Any decision to debar a person relating to workplace rights, including but not subsection shall be construed to prohibit persons
or entity in accordance with this subsection limited to back pay, are available to an em- or entities, including persons or entities that
shall be reviewable pursuant to part 9.4 of the ployee despite— have voluntarily elected to participate in the E–
Federal Acquisition Regulation. ‘‘(1) the employee’s status as an unauthorized Verify Program described in section 403(a) of the
‘‘(9) PREEMPTION.—The provisions of this sec- alien during or after the period of employment; Illegal Immigration Reform and Immigrant Re-
tion preempt any State or local law, ordinance, or sponsibility Act of 1996 (8 U.S.C. 1324a note) (as
policy, or rule, including any criminal or civil ‘‘(2) the employer’s or employee’s failure to in effect on the day before the effective date de-
fine or penalty structure, relating to the hiring, comply with the requirements of this section. scribed in section 303(a)(4)), from seeking early
continued employment, or status verification for ‘‘(i) DEFINITION.—In this section, the term compliance on a voluntary basis.
employment eligibility purposes, of unauthor- ‘date of hire’ means the date on which employ- (5) DELAYED IMPLEMENTATION.—The Sec-
ized aliens, except that a State, locality, munici- ment for pay or other remuneration com- retary of Homeland Security, in consultation
pality, or political subdivision may exercise its mences.’’. with the Secretary of Agriculture, may delay the
authority over business licensing and similar (b) CONFORMING AMENDMENT.—The table of effective dates described in paragraphs (1) and
laws as a penalty for failure to use the System contents for the Immigration and Nationality (2) for a period not to exceed 180 days if the Sec-
as required under this section. Act is amended by inserting after the item relat- retary determines, based on the most recent re-
‘‘(g) UNFAIR IMMIGRATION-RELATED EMPLOY- ing to section 274D the following: port described in section 133 and other relevant
MENT PRACTICES AND THE SYSTEM.— data, that a significant number of applications
‘‘Sec. 274E. Requirements for the electronic
‘‘(1) IN GENERAL.—In addition to the prohibi- under section 101 remain pending.
verification of employment eligi-
tions on discrimination set forth in section 274B, (c) RURAL ACCESS TO ASSISTANCE FOR TEN-
bility.’’.
it is an unfair immigration-related employment TATIVE NONCONFIRMATION REVIEW PROCESS.—
SEC. 302. MANDATORY ELECTRONIC
practice for a person or entity, in the course of (1) IN GENERAL.—The Secretary of Homeland
VERIFICATION FOR THE AGRICUL-
utilizing the System— TURAL INDUSTRY. Security shall coordinate with the Secretary of
‘‘(A) to use the System for screening an appli- Agriculture, in consultation with the Commis-
(a) IN GENERAL.—The requirements for the
cant prior to the date of hire; sioner of Social Security, to create a process for
electronic verification of identity and employ-
‘‘(B) to terminate the employment of an indi- individuals to seek assistance in contesting a
ment authorization described in section 274E of
vidual or take any adverse employment action tentative nonconfirmation as described in sec-
the Immigration and Nationality Act, as in-
with respect to that individual due to a ten- tion 274E(b)(4)(D) of the Immigration and Na-
serted by section 301 of this Act, shall apply to
tative nonconfirmation issued by the System; tionality Act, as inserted by section 301 of this
‘‘(C) to use the System to screen any indi- a person or entity hiring, recruiting, or referring
Act, at local offices or service centers of the U.S.
vidual for any purpose other than confirmation for a fee an individual for agricultural employ-
Department of Agriculture.
of identity and employment authorization as ment in the United States in accordance with
(2) STAFFING AND RESOURCES.—The Secretary
provided in this section; the effective dates set forth in subsection (b).
of Homeland Security and Secretary of Agri-
‘‘(D) to use the System to verify the identity (b) EFFECTIVE DATES.—
culture shall ensure that local offices and serv-
and employment authorization of a current em- (1) HIRING.—Subsection (a) shall apply to a
ice centers of the U.S. Department of Agri-
ployee, including an employee continuing in em- person or entity hiring an individual for agri-
culture are staffed appropriately and have the
ployment, other than reverification authorized cultural employment in the United States as fol-
resources necessary to provide information and
under subsection (c); lows:
support to individuals seeking the assistance de-
‘‘(E) to use the System to discriminate based (A) With respect to employers having 500 or
scribed in paragraph (1), including by facili-
on national origin or citizenship status; more employees in the United States on the date
tating communication between such individuals
‘‘(F) to willfully fail to provide an individual of the enactment of this Act, on the date that is
and the Department of Homeland Security or
with any notice required under this title; 6 months after completion of the application pe-
the Social Security Administration.
‘‘(G) to require an individual to make an in- riod described in section 101(c). (3) CLARIFICATION.—Nothing in this sub-
quiry under the self-verification procedures de- (B) With respect to employers having 100 or section shall be construed to delegate authority
scribed in subsection (a)(4)(B) or to provide the more employees in the United States (but less or transfer responsibility for reviewing and re-
results of such an inquiry as a condition of em- than 500 such employees) on the date of the en- solving tentative nonconfirmations from the Sec-
ployment, or hiring, recruiting, or referring; or actment of this Act, on the date that is 9 months retary of Homeland Security and the Commis-
‘‘(H) to terminate the employment of an indi- after completion of the application period de- sioner of Social Security to the Secretary of Ag-
vidual or take any adverse employment action scribed in section 101(c). riculture.
with respect to that individual based upon the (C) With respect to employers having 20 or (d) DOCUMENT ESTABLISHING EMPLOYMENT
need to verify the identity and employment au- more employees in the United States (but less AUTHORIZATION AND IDENTITY.—In accordance
thorization of the individual as required by sub- than 100 such employees) on the date of the en- with section 274E(b)(3)(A)(vii) of the Immigra-
section (b). actment of this Act, on the date that is 12 tion and Nationality Act, as inserted by section
‘‘(2) PREEMPLOYMENT SCREENING AND BACK- months after completion of the application pe- 301 of this Act, and not later than 12 months
GROUND CHECK.—Nothing in paragraph (1)(A) riod described in section 101(c). after the completion of the application period
shall be construed to preclude a preemployment (D) With respect to employers having one or described in section 101(c) of this Act, the Sec-
screening or background check that is required more employees in the United States, (but less retary of Homeland Security shall recognize
or permitted under any other provision of law. than 20 such employees) on the date of the en- documentary evidence of certified agricultural
‘‘(3) CIVIL MONEY PENALTIES FOR DISCRIMINA- actment of this Act, on the date that is 15 worker status described in section 102(a)(2) of
TORY CONDUCT.—Notwithstanding section months after completion of the application pe- this Act as valid proof of employment authoriza-
274B(g)(2)(B)(iv), the penalties that may be im- riod described in section 101(c). tion and identity for purposes of section
posed by an administrative law judge with re- (2) RECRUITING AND REFERRING FOR A FEE.— 274E(b)(3)(A) of the Immigration and Nation-
spect to a finding that a person or entity has Subsection (a) shall apply to a person or entity ality Act, as inserted by section 301 of this Act.
engaged in an unfair immigration-related em- recruiting or referring for a fee an individual for (e) AGRICULTURAL EMPLOYMENT.—For pur-
ployment practice described in paragraph (1) agricultural employment in the United States on poses of this section, the term ‘‘agricultural em-
are— the date that is 12 months after completion of ployment’’ means agricultural labor or services,
‘‘(A) not less than $1,000 and not more than the application period described in section as defined by section 101(a)(15)(H)(ii) of the Im-
$4,000 for each individual discriminated against; 101(c). migration and Nationality Act (8 U.S.C.
‘‘(B) in the case of a person or entity pre- (3) TRANSITION RULE.—Except as required 1101(a)(15)(H)(ii)), as amended by this Act.
viously subject to a single order under this para- under subtitle A of title IV of the Illegal Immi- SEC. 303. COORDINATION WITH E–VERIFY PRO-
graph, not less than $4,000 and not more than gration Reform and Immigrant Responsibility GRAM.
$10,000 for each individual discriminated Act of 1996 (8 U.S.C. 1324a note) (as in effect on (a) REPEAL.—
against; and the day before the effective date described in (1) IN GENERAL.—Subtitle A of title IV of the
‘‘(C) in the case of a person or entity pre- section 303(a)(4)), Executive Order No. 13465 (8 Illegal Immigration Reform and Immigrant Re-
viously subject to more than one order under U.S.C. 1324a note; relating to Government pro- sponsibility Act of 1996 (8 U.S.C. 1324a note) is
this paragraph, not less than $6,000 and not curement), or any State law requiring persons or repealed.
more than $20,000 for each individual discrimi- entities to use the E–Verify Program described (2) CLERICAL AMENDMENT.—The table of sec-
nated against. in section 403(a) of the Illegal Immigration Re- tions, in section 1(d) of the Illegal Immigration
‘‘(4) ELECTRONIC VERIFICATION COMPENSATION form and Immigrant Responsibility Act of 1996 Reform and Immigrant Responsibility Act of
ACCOUNT.—Civil money penalties collected under (8 U.S.C. 1324a note) (as in effect on the day be- 1996, is amended by striking the items relating to
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this subsection shall be deposited in the Elec- fore the effective date described in section subtitle A of title IV.
tronic Verification Compensation Account for 303(a)(4)), sections 274A and 274B of the Immi- (3) REFERENCES.—Any reference in any Fed-
the purpose of compensating individuals for lost gration and Nationality Act (8 U.S.C. 1324a and eral, State, or local law, Executive order, rule,
wages as a result of a final nonconfirmation 1324b) shall apply to a person or entity hiring, regulation, or delegation of authority, or any
issued by the System that was based on govern- recruiting, or referring an individual for em- document of, or pertaining to, the Department
ment error or omission, as set forth in subsection ployment in the United States until the applica- of Homeland Security, Department of Justice, or
(b)(4)(F)(ii)(IV). ble effective date under this subsection. the Social Security Administration, to the E–
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H1548 CONGRESSIONAL RECORD — HOUSE March 18, 2021
Verify Program described in section 403(a) of the (1) provide funds to the Commissioner for the described in section 274E(g) of the Immigration
Illegal Immigration Reform and Immigrant Re- full costs of the responsibilities of the Commis- and Nationality Act, as inserted by section 301
sponsibility Act of 1996 (8 U.S.C. 1324a note), or sioner with respect to employment eligibility of this Act, related to the use of the System.
to the employment eligibility confirmation sys- verification, including under this title and the (5) An assessment of the photo matching and
tem established under section 404 of the Illegal amendments made by this title, and including— other identity authentication tools, as described
Immigration Reform and Immigrant Responsi- (A) acquiring, installing, and maintaining in section 274E(a)(4) of the Immigration and Na-
bility Act of 1996 (8 U.S.C. 1324a note), is technological equipment and systems necessary tionality Act, as inserted by section 301 of this
deemed to refer to the employment eligibility for the fulfillment of such responsibilities, but Act, including—
confirmation system established under section only that portion of such costs that are attrib- (A) an assessment of the accuracy rates of
274E of the Immigration and Nationality Act, as utable exclusively to such responsibilities; and such tools;
inserted by section 301 of this Act. (B) responding to individuals who contest a (B) an assessment of the effectiveness of such
(4) EFFECTIVE DATE.—This subsection, and the tentative nonconfirmation or administratively tools at preventing identity fraud and other mis-
amendments made by this subsection, shall take appeal a final nonconfirmation provided with use of identifying information;
effect on the date that is 30 days after the date respect to employment eligibility verification; (C) an assessment of any challenges faced by
on which final rules are published under section (2) provide such funds annually in advance of persons, entities, or individuals utilizing such
309(a). the applicable quarter based on an estimating tools; and
(b) FORMER E–VERIFY MANDATORY USERS, IN- methodology agreed to by the Commissioner and (D) an assessment of operation and mainte-
CLUDING FEDERAL CONTRACTORS.—Beginning on the Secretary (except in such instances where nance costs associated with such tools.
the effective date in subsection (a)(4), the Sec- the delayed enactment of an annual appropria- (6) A summary of the activities and findings of
retary of Homeland Security shall require em- tion may preclude such quarterly payments); the U.S. Citizenship and Immigrations Services
ployers required to participate in the E–Verify and E–Verify Monitoring and Compliance Branch,
Program described in section 403(a) of the Illegal (3) require an annual accounting and rec- or any successor office, including—
Immigration Reform and Immigrant Responsi- onciliation of the actual costs incurred and the (A) the number, types and outcomes of audits,
bility Act of 1996 (8 U.S.C. 1324a note) by reason funds provided under the agreement, which investigations, and other compliance activities
of any Federal, State, or local law, Executive shall be reviewed by the Inspectors General of initiated by the Branch in the previous year;
order, rule, regulation, or delegation of author- the Social Security Administration and the De- (B) the capacity of the Branch to detect and
ity, including employers required to participate partment of Homeland Security. prevent violations of section 274E(g) of the Im-
in such program by reason of Federal acquisi- (b) CONTINUATION OF EMPLOYMENT migration and Nationality Act, as inserted by
tion laws (and regulations promulgated under VERIFICATION IN ABSENCE OF TIMELY AGREE- this Act; and
those laws, including the Federal Acquisition MENT.—In any case in which the agreement re- (C) an assessment of the degree to which per-
Regulation), to comply with the requirements of quired under subsection (a) for any fiscal year sons and entities misuse the System, including—
section 274E of the Immigration and Nationality beginning on or after October 1, 2021, has not (i) use of the System before an individual’s
Act, as inserted by section 301 of this Act (and been reached as of October 1 of such fiscal year, date of hire;
any additional requirements of such Federal ac- the latest agreement described in such sub- (ii) failure to provide required notifications to
quisition laws and regulation) in lieu of any re- section shall be deemed in effect on an interim individuals;
quirement to participate in the E–Verify Pro- basis for such fiscal year until such time as an (iii) use of the System to interfere with or oth-
gram. agreement required under subsection (a) is sub- erwise impede individuals’ assertions of their
(c) FORMER E–VERIFY VOLUNTARY USERS.— sequently reached, except that the terms of such rights under other laws; and
Beginning on the effective date in subsection interim agreement shall be modified to adjust for (iv) use of the System for unauthorized pur-
(a)(4), the Secretary of Homeland Security shall inflation and any increase or decrease in the poses; and
provide for the voluntary compliance with the volume of requests under the employment eligi- (7) An assessment of the impact of implemen-
requirements of section 274E of the Immigration bility verification system. In any case in which tation of the System in the agricultural industry
and Nationality Act, as inserted by section 301 an interim agreement applies for any fiscal year and the use of the verification system in agricul-
of this Act, by employers voluntarily electing to under this subsection, the Commissioner and the tural industry hiring and business practices.
participate in the E–Verify Program described in Secretary shall, not later than October 1 of such SEC. 308. MODERNIZING AND STREAMLINING THE
section 403(a) of the Illegal Immigration Reform fiscal year, notify the Committee on Ways and EMPLOYMENT ELIGIBILITY
Means, the Committee on the Judiciary, and the VERIFICATION PROCESS.
and Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note) before such date. Committee on Appropriations of the House of Not later than 12 months after the date of the
SEC. 304. FRAUD AND MISUSE OF DOCUMENTS. Representatives and the Committee on Finance, enactment of this Act, the Secretary, in con-
Section 1546(b) of title 18, United States Code, the Committee on the Judiciary, and the Com- sultation with the Commissioner, shall submit to
is amended— mittee on Appropriations of the Senate of the Congress a plan to modernize and streamline the
(1) in paragraph (1), by striking ‘‘identifica- failure to reach the agreement required under employment eligibility verification process that
tion document,’’ and inserting ‘‘identification subsection (a) for such fiscal year. Until such shall include—
document or document meant to establish em- time as the agreement required under subsection (1) procedures to allow persons and entities to
ployment authorization,’’; (a) has been reached for such fiscal year, the verify the identity and employment authoriza-
(2) in paragraph (2), by striking ‘‘identifica- Commissioner and the Secretary shall, not later tion of newly hired individuals where the in-
tion document’’ and inserting ‘‘identification than the end of each 90-day period after Octo- person, physical examination of identity and
document or document meant to establish em- ber 1 of such fiscal year, notify such Committees employment authorization documents is not
ployment authorization,’’; and of the status of negotiations between the Com- practicable;
(3) in the matter following paragraph (3) by missioner and the Secretary in order to reach (2) a proposal to create a simplified employ-
inserting ‘‘or section 274E(b)’’ after ‘‘section such an agreement. ment verification process that allows employers
274A(b)’’. SEC. 307. REPORT ON THE IMPLEMENTATION OF that utilize the employment eligibility
SEC. 305. TECHNICAL AND CONFORMING AMEND- THE ELECTRONIC EMPLOYMENT verification system established under section
MENTS. VERIFICATION SYSTEM. 274E of the Immigration and Nationality Act, as
(a) UNLAWFUL EMPLOYMENT OF ALIENS.—Sec- Not later than 24 months after the date on inserted by section 301 of this Act, to verify the
tion 274A of the Immigration and Nationality which final rules are published under section identity and employment authorization of indi-
Act (8 U.S.C. 1324a) is amended— 309(a), and annually thereafter, the Secretary viduals without also having to complete and re-
(1) in paragraph (1)(B)(ii) of subsection (a), shall submit to Congress a report that includes tain Form I–9, Employment Eligibility
by striking ‘‘subsection (b).’’ and inserting ‘‘sec- the following: Verification, or any subsequent replacement
tion 274B.’’; and (1) An assessment of the accuracy rates of the form; and
(2) in the matter preceding paragraph (1) of responses of the electronic employment (3) any other proposal that the Secretary de-
subsection (b), by striking ‘‘The requirements re- verification system established under section termines would simplify the employment eligi-
ferred’’ and inserting ‘‘Except as provided in 274E of the Immigration and Nationality Act, as bility verification process without compromising
section 274E, the requirements referred’’. inserted by section 301 of this Act (referred to in the integrity or security of the system.
(b) UNFAIR IMMIGRATION-RELATED EMPLOY- this section as the ‘‘System’’), including ten- SEC. 309. RULEMAKING AND PAPERWORK REDUC-
MENT PRACTICES.—Section 274B(a)(1) of the Im- tative and final nonconfirmation notices issued TION ACT.
migration and Nationality Act (8 U.S.C. to employment-authorized individuals and con- (a) IN GENERAL.—Not later than 180 days
1324b(a)(1)) is amended in the matter preceding firmation notices issued to individuals who are prior to the end of the application period de-
subparagraph (A), by inserting ‘‘including mis- not employment-authorized. fined in section 101(c) of this Act, the Secretary
use of the verification system as described in (2) An assessment of any challenges faced by shall publish in the Federal Register proposed
section 274E(g)’’ after ‘‘referral for a fee,’’. persons or entities (including small employers) rules implementing this title and the amend-
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SEC. 306. PROTECTION OF SOCIAL SECURITY AD- in utilizing the System. ments made by this title. The Secretary shall fi-
MINISTRATION PROGRAMS. (3) An assessment of any challenges faced by nalize such rules not later than 180 days after
(a) FUNDING UNDER AGREEMENT.—Effective employment-authorized individuals who are the date of publication.
for fiscal years beginning on or after October 1, issued tentative or final nonconfirmation no- (b) PAPERWORK REDUCTION ACT.—
2021, the Commissioner and the Secretary shall tices. (1) IN GENERAL.—The requirements under
ensure that an agreement is in place which (4) An assessment of the incidence of unfair chapter 35 of title 44, United States Code, (com-
shall— immigration-related employment practices, as monly known as the ‘‘Paperwork Reduction
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March 18, 2021 CONGRESSIONAL RECORD — HOUSE H1549
Act’’) shall apply to any action to implement culture. The bill also addresses the Na- right to work in direct competition
this title or the amendments made by this title. tion’s future labor needs by modern- with American workers in any sector
(2) ELECTRONIC FORMS.—All forms designated izing the H–2A temporary visa pro- of the economy.
or established by the Secretary that are nec- Madam Speaker, let me emphasize
gram, while ensuring fair wages and
essary to implement this title and the amend-
workplace conditions for all farm- that if you came here legally and
ments made by this title shall be made available
in paper and electronic formats, and shall be de- workers. worked the same hours, then you are
signed in such a manner to facilitate electronic This is a bipartisan, balanced solu- out of luck. If you obeyed the laws,
completion, storage, and transmittal. tion, one that we should all be able to well, you are just a schmuck.
(3) LIMITATION ON USE OF FORMS.—All forms get behind. It is a victory for farmers It utterly escapes me how America’s
designated or established by the Secretary that who have struggled with persistent working families are helped by flooding
are necessary to implement this title, and the labor shortages for decades. the labor market with millions of low-
amendments made by this title, and any infor- wage workers under this program. As
It is also a victory for farmworkers
mation contained in or appended to such forms, these workers get green cards, they are
may not be used for purposes other than for en- who have worked tirelessly in the field
growing and harvesting food without sure to move from agriculture to high-
forcement of this Act and any other provision of
Federal criminal law. proper labor protections or any guar- paying jobs, ensuring a continuous
antee that they can remain in this need for new agricultural workers to
The SPEAKER pro tempore. The bill, replace them.
as amended, shall be debatable for 1 country. No acceptable solution can
fail to deal with this reality. That is Between the two immigration bills
hour, equally divided and controlled by today, somewhere north of 4 million il-
the chair and ranking minority mem- why H.R. 1603 is the right solution.
Madam Speaker, I hope my col- legal immigrants will qualify for am-
ber of the Committee on the Judiciary nesty, legal employment, and a path to
or their respective designees. leagues will vote today in favor of pro-
viding a seat at America’s table for citizenship as a reward for breaking
The gentleman from New York (Mr. our laws.
NADLER) and the gentleman from Ohio those who have long grown the food we
Is it any wonder that our Border Pa-
(Mr. JORDAN) each will control 30 min- serve on it.
trol is now completely overwhelmed as
utes. Madam Speaker, I thank my friend
millions of economic refugees rush our
The Chair recognizes the gentleman and colleague, Ms. LOFGREN of Cali-
border in expectation of the same re-
from New York. fornia, the chair of the Immigration
wards?
Subcommittee, for her leadership and This bill would bring a tragic end to
GENERAL LEAVE
steadfast commitment to the bipar- the blue-collar economic boom that
Mr. NADLER. Madam Speaker, I ask tisan process that led to today’s vote
unanimous consent that all Members President Trump proudly announced on
on the Farm Workforce Modernization this floor just a year ago. Here is the
may have 5 legislative days in which to Act.
revise and extend their remarks and in- real tragedy: During the Trump blue-
Madam Speaker, I urge all my col- collar boom, the poorest Americans
clude extraneous material on H.R. 1603. leagues to support our farmers and our
The SPEAKER pro tempore. Is there were making the greatest gains, and it
farmworkers by supporting this bill, is precisely these American families
objection to the request of the gen- and I reserve the balance of my time.
tleman from New York? who will be the most harmed by these
There was no objection. b 1430 amnesty bills.
Mr. NADLER. Madam Speaker, I Mr. JORDAN. Madam Speaker, I Trump had their back. Biden is on
yield myself 21⁄2 minutes. yield 3 minutes to the gentleman from their backs.
Mr. NADLER. Madam Speaker, I
Madam Speaker, H.R. 1603, the Farm California (Mr. MCCLINTOCK), the rank-
yield 3 minutes to the distinguished
Workforce Modernization Act of 2021 ing member of the Immigration and
gentlewoman from California (Ms. LOF-
addresses an issue of critical national Citizenship Subcommittee.
GREN).
importance: the growing labor chal- Mr. MCCLINTOCK. Madam Speaker, Ms. LOFGREN. Madam Speaker, our
lenges that are damaging the American it was no accident that when we finally country has come through a pandemic,
agriculture sector. won control of the border and cut the and many of us have suffered, but there
Solving this issue is paramount to flow of low-wage labor, Americans saw is one thing that we can be grateful
the sustainability of American farm- the strongest wage growth in 40 years, for, and that is that the food chain was
ing. It is also a matter of food security, the lowest unemployment rate in 50 never disrupted.
and thus, national security. As domes- years, and the lowest poverty rate in 60 Throughout the pandemic, we could
tic food outputs decline, we have be- years. For the first time in decades, go to the grocery store and there would
come more dependent on food imports the wage gap between rich and poor be food in that store. For that, we need
and more vulnerable to food contami- narrowed. to thank the farmers of this country.
nation. The COVID–19 pandemic ex- Now, this bill extends amnesty, green But we also need to thank the farm-
posed these vulnerabilities as travel re- cards, and a path to citizenship to workers of this country, a majority of
strictions impacted our food supply somewhere between 1 and 21⁄2 million il- whom are undocumented and a major-
chain, and over 500,000 farmworkers legal immigrants now working in agri- ity of whom have been here more than
tested positive for the virus. culture and their families in a manner 10 years.
With fewer U.S. workers turning to that will depress wages, not just in ag- What this bill does and how it was
agricultural work as their chosen pur- riculture, but in every field of the formed is important. I want to thank
suit, most of today’s hired farm labor- economy for years to come. Representatives DAN NEWHOUSE, MIKE
ers are foreign-born. Unfortunately, Madam Speaker, if you obeyed the SIMPSON, DOUG LAMALFA, and many
our immigration laws have not been law and came here legally to work, others on the Republican side of the
updated to reflect the needs of our 21st then you cannot qualify as a certified aisle. I worked with JIM COSTA, JIMMY
century economy. agricultural worker. You must have PANETTA, and many others to try to
As a result of these outdated laws, come here illegally, and you must have see if we could come together to come
undocumented workers now comprise worked here illegally for at least 1,035 up with solutions for the challenges
about half of the U.S. workforce. But hours in the last 2 years. That is about that we face in farm country.
they are living and working in a state 13 40-hour workweeks a year. You get We pulled together growers and the
of uncertainty and fear, which contrib- legal status for yourself and your fam- farmworkers union to talk together for
utes to the destabilization of farms ily for the next 51⁄2 years. You can get solutions. It took us almost a year of
across the Nation. indefinite extensions as long as you growers and the farmworkers union,
ctelli on DSK11ZRN23PROD with HOUSE
H.R. 1603, the Farm Workforce Mod- work in agriculture 575 hours or about and Republicans and Democrats, sit-
ernization Act, addresses these chal- 14 weeks a year. If you do this for be- ting around a table to come up with
lenges head on. The bill provides tem- tween 4 and 8 years and you get a green this bill.
porary status to current farmworkers card, then your family gets green cards It has basically three provisions.
with an optional path to a green card and you are on a 5-year path to citizen- The first recognizes that we have had
for those who continue to work in agri- ship. The green cards give you the undocumented farmworkers in our
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H1550 CONGRESSIONAL RECORD — HOUSE March 18, 2021
fields for decades. It allows them to get CoBank; Colorado Dairy Farmers; Colorado table Growers Association; Nezperce Prairie
a certified agricultural worker card so Nursery and Greenhouse Association; Colo- Grass Growers Association; Nisei Farmers
that they can work without fear. That rado Potato Legislative Association; Cooper- League; North American Blueberry Council;
ative Milk Producers Association; Coopera- North Carolina Dairy Producers Association;
is a temporary worker status. They can tive Producers, Inc.; Costa Farms; Dairy North Carolina Nursery & Landscape Asso-
renew it, travel, pay taxes, and con- Farmers of America, Inc.; Dairy Producers of ciation; North Carolina Potato Association;
tinue forever in that status. After New Mexico; Dairy Producers of Utah; Edge Northeast Dairy Farmers Cooperatives;
working for a long period of time, they Dairy Farmer Cooperative; Ellsworth Coop- Northeast Dairy Producers Association, Inc.;
and their families have the option of erative Creamery; Empire State Potato Northern Family Farms LLP, Merrillan, WI;
applying for legal permanent residence Growers; Far West Agribusiness Association; Northern Plains Potato Growers Associa-
if they choose. Farm Credit East; Farmers Cooperative. tion; Northwest Ag Cooperatives Council;
FarmFirst Dairy Cooperative; Federation Northwest Dairy Association/Darigold;
The second provision streamlines an of Employers and Workers of America; First
existing program, the H–2A program, Northwest Horticultural Council.
District Association; Florida Agri-Women; Ohio Apple Marketing Program; Ohio
so that we will have a legal supply of Florida Citrus Mutual; Florida Fruit and Dairy Producers Association; Ohio Fruit
farmworkers in the future. Both labor Vegetable Association; Florida Nursery, Growers Marketing Association; Ohio Land-
and employers agreed to those stream- Growers and Landscape Association; Florida scape Association; Ohio Nursery & Land-
lines. Strawberry Growers Association; Florida To- scape Association; Ohio Produce Growers
The final provision says that if we mato Exchange; Food Northwest; Food Pro- Marketing Assocation; Oklahoma Nursery &
have a system that works, then we ducers of Idaho; Foremost Farms USA; Landscape Association; Olive Growers Coun-
Frenchman Valley Farmers Cooperative Inc.; cil of California; Oneida-Madison Milk Pro-
need to enforce that system. We are Fresh Harvest/Steve Scaroni (CA); Fresno
going to have the E-Verify system used ducers Cooperative Association; Oregon As-
County Farm Bureau (CA); Georgia Green In- sociation of Nurseries; Oregon Dairy Farm-
in agriculture after this bill is fully dustry Association; Georgia Milk Producers, ers Association; Oregon Potato Commission;
implemented. Inc.; Georgia Urban Ag Council; Glanbia Pacific Northwest Christmas Tree Associa-
Who is in favor of this? The Arizona Nutritionals; Idaho Alfalfa/Clover Seed Com- tion; PennAg Industries Association; Penn-
Nursery Association, California Farm mission; Idaho Alfalfa/Clover Seed Growers sylvania Cooperative Potato Growers; Penn-
Bureau Federation, Georgia Milk Pro- Association; Idaho Apple Commission; Idaho sylvania Landscape and Nursery Association;
ducers, Michigan Greenhouse Growers Association of Commerce and Industry;
Plant California Alliance; Potato Growers of
Idaho Bankers Association; Idaho Cattle-
Council, Minnesota Milk Producers As- man’s Association.
Michigan, Inc; Prairie Farms Dairy, Inc.;
sociation, Ohio Produce Growers Mar- Professional Dairy Managers of Pennsyl-
Idaho Dairymen’s Association; Idaho Grain
keting Association, Texas Association vania; Reiter Affiliated Companies; Rhode
Producers Association; Idaho Grower Ship-
Island Nursery and Landscape Association;
of Dairymen, and hundreds of other pers Association; Idaho Hispanic Chamber of
San Diego County Farm Bureau (CA); Scioto
growers. Commerce; Idaho Hop Growers Association;
Cooperative Milk Producers’ Association;
Madam Speaker, I include in the Idaho Horticulture Society; Idaho Milk
Select Milk Producers, Inc.; Simplot; South
RECORD a list of Farmers and Pro- Products; Idaho Mint Growers Association;
Dakota Association of Cooperatives; South
ducers Associations supporting H.R. Idaho Nursery and Landscape Association;
Dakota Dairy Producers; Southeast Milk
Idaho Onion Growers Association; Idaho Po-
1603. tato Commission; Idaho Sugarbeet Growers;
Inc.; Southern States Cooperative;
[From the House Committee on the Stanislaus County Farm Bureau (CA).
Idaho-Oregon Fruit & Vegetable Association;
Judiciary] Sunkist Growers, Inc.; Sunmaid Growers of
Illinois Green Industry Association; Indiana
OVER 250 FARMERS AND PRODUCERS California; Sunsweet Growers Inc.; Ten-
Nursery and Landscape Association; Indiana
ASSOCIATIONS SUPPORT H.R. 1603 nessee Farmers Cooperative; Texas Agricul-
Outdoor Maintenance Alliance; Inter-
African-American Farmers of California; tural Cooperative Council; Texas Association
national Dairy Foods Association; Iowa In-
Ag Valley Cooperative, Non-Stock; of Dairymen; Texas Citrus Mutual; Texas
stitute for Cooperatives; Iowa Nursery &
AgCountry Farm Credit Services; Agri- Nursery & Landscape Association; Tillamook
Landscape Association; Iowa State Dairy As-
business Henderson County (NC); Agricul- County Creamery Association; Tree Top;
sociation; Kansas Dairy Association; Land
tural Council of California; Agri-Mark, Inc.; Tulare County Farm Bureau (CA); Turfgrass
O’Lakes, Inc.; Laurel Springs Nursery, LLC
Alabama Farmers Cooperative, Inc.; Ala- Producers International; U.S. Apple Associa-
(NC); Leitz Farms LLC/Fred Leitz (MI); Lone
bama Nursery and Landscape Association; tion; U.S. Durum Growers Association;
Star Milk Producers; Madera County Farm
Almond Alliance; Amalgamated Sugar Com- United Dairymen of Arizona; United Fresh
Bureau (CA); Maine Landscape & Nursery
pany; American AgCredit; American Produce Association; United Potato Growers
Association; Maine Potato Board.
AgriWomen; American Beekeeping Federa- Maryland & Virginia Milk Producers Coop- of America; Upstate Niagara Cooperative,
tion; American Honey Producers Associa- erative Association; Maryland Nursery, Inc.; Utah Apple Marketing Board; Utah Hor-
tion; American Mushroom Institute; Amer- Landscape, and Greenhouse Association, ticulture Association; Utah Nursery & Land-
ican Pistachio Growers; American Seed Inc.; Massachusetts Nursery and Landscape scape Association; Utah Tart Cherry Mar-
Trade Association; American Sheep Industry Association, Inc.; MBG Marketing; McCain keting Board.
Association (ASI); AmericanHort; Arizona USA Inc.; Michigan Apple Association; Valley Fig Growers; Valley Vision (CA);
Dairy Producers Trade Association; Arizona Michigan Greenhouse Growers Council; Ventura County Agricultural Association
Nursery Association; Associated Milk Pro- Michigan Milk Producers Association; (CA); Vermont Dairy Producers Alliance;
ducers Inc.; Aurora Organic Dairy; Bluebird Michigan Nursery and Landscape Associa- Virginia Apple Growers Association; Vir-
Bonanza Farms; Bongards’ Creameries; tion; Mid Kansas Cooperative; Midwest Apple ginia Nursery & Landscape Association; Vir-
CalChamber. Improvement Association; Midwest Dairy ginia State Dairymen’s Association; Wash-
California Apple Commission; California Coalition; Milk Producers Council; Milk Pro- ington Growers League; Washington State
Association of Food Banks; California Asso- ducers of Idaho; Minnesota Milk Producers Dairy Federation; Washington State Nursery
ciation of Wheat Growers; California Avo- Association; Minnesota Nursery & Landscape & Landscape Association; Washington State
cado Commission; California Blueberry Asso- Association; Missouri Green Industry Alli- Potato Commission; Washington State Tree
ciation; California Blueberry Commission; ance; Montana Nursery and Landscape Asso- Fruit Association; West Virginia Nursery &
California Canning Peach Association; Cali- ciation; Monterey County Farm Bureau Landscape Association; Western Growers As-
fornia Cherry Growers and Industry Associa- (CA); Mount Joy Farmers Cooperative Asso- sociation; Western Plant Health Association;
tion; California Citrus Mutual; California ciation; Napa Vinters Association; National Western States Dairy Producers Association;
Dairies, Inc.; California Date Commission; All-Jersey Inc.; National Council of Agricul- Western United Dairies; Wine Institute;
California Dried Plum Board; California tural Employers; National Council of Farmer WineAmerica; Wisconsin Landscape Contrac-
Farm Bureau Federation; California Fig Ad- Cooperatives; National Farmers Union; Na- tors Association; Wisconsin Potato & Vege-
visory Board; California Fresh Fruit Associa- tional Grange; National Milk Producers Fed- table Growers Association; Yuma Fresh Veg-
tion; California Pear Growers Association; eration. etable Association.
California Seed Association; California State National Onion Association; National Po- Ms. LOFGREN. Madam Speaker, we
Floral Association; California Strawberry tato Council; National Young Farmers Coali- have many others, including labor. We
Commission; California Sweet Potato Coun- tion; Nebraska Cooperative Council; Ne- have the National Association of Coun-
cil; California Tomato Growers Association; braska State Dairy Association; New Eng- ties, United Farm Workers, Service
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California Walnut Commission; California land Apple Council; New Jersey Landscape Employees International Union, U.S.
Warehouse Association. Contractors Association; New Jersey Nurs-
Chamber of Commerce, and Conference
California Women for Agriculture; Cayuga ery & Landscape Association; New Mexico
Milk Ingredients; Center for Dairy Excel- Chapter, Colorado Nursery and Greenhouse of Catholic Bishops.
lence (Pennsylvania); Central Valley Ag Association; New York Apple Association; Madam Speaker, I include in the
Coop; Certified American Grown; Chobani; New York Farm Bureau; New York State RECORD a list of organizations sup-
CHS Inc.; Co-Alliance Cooperative, Inc.; Flower Industries; New York State Vege- porting H.R. 1603.
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March 18, 2021 CONGRESSIONAL RECORD — HOUSE H1551
[From the House Committee on the Instead of voting on amnesty, we Mr. NADLER. Madam Speaker, I
Judiciary] should be voting on real reforms to yield 11⁄2 minutes to the distinguished
MORE THAN 100 ORGANIZATIONS, REP- close loopholes and remove incentives gentlewoman from Texas (Ms. GARCIA).
RESENTING LABOR UNIONS, IMMIGRANTS’ for aliens to come here illegally. That Ms. GARCIA of Texas. Madam Speak-
RIGHTS, AND BUSINESS INTERESTS HAVE EX- er, I rise in strong support of this bill.
is why I reintroduced the Fund and
PRESSED THEIR SUPPORT FOR H.R. 1603
Complete the Border Wall Act earlier Agricultural workers are crucial to our
LABOR UNIONS AND IMMIGRANT RIGHTS
ADVOCATES
this year and introduced the Stopping economy, and this bill would establish
Border Surges Act earlier this week. a legal and reliable farm workforce.
United Farm Workers (UFW); UFW Foun-
dation; Farmworker Justice; African Com- These bills include real reforms that I support this bill because it recog-
munities Together; America’s Voice; Amer- will have real impacts. nizes the humanity—yes, the human-
ican Immigration Lawyers Association; As- The Stopping Border Surges Act fixes ity—of farmworkers and their families.
sociation of Farmworker Opportunity Pro- problems caused by the Flores settle- This is personal to me. I grew up
grams; Bend the Arc: Jewish Action; Bipar- ment agreement that prevents DHS poor, picking cotton in the fields of
tisan Policy Center Action; Bridges Faith from detaining family units for more south Texas. I can testify firsthand
Initiative; Carbondale Branch NAACP;
than 20 days, ensures that unaccom- about the incredibly hard, back-
CASA; Center for American Progress; Center
for Law and Social Policy (CLASP); Central panied alien children are quickly and breaking work that farmworkers do,
American Resource Center of Northern CA— safely returned home, and promotes in- especially in the heat of the south
CARECEN SF; Centro de los Derechos del creased integrity in the asylum sys- Texas sun. Not much seems to have
Migrante, Inc.; Child Labor Coalition; Chil- tem. changed since I worked in the fields.
dren’s Defense Fund; Church World Service; This bill, however, will actually Things pretty much still are handled
El Colectivo NC; Faith in Public Life; Farm- cause more problems than it will solve. about the same.
worker and Landscaper Advocacy Project— This bill is long overdue and would
It has serious flaws that will lead to
FLAP—FWD.us; Greater New York Labor-
Religion Coalition; Health Outreach Part- fraud and abuse. provide farmworkers with important
ners; Hispanic Federation; Immigrant Work- This bill gives the Secretary broad worker protections and legal rights
er Project—Centro San Jose; Immigration authority to waive grounds of inadmis- that I never had and that they des-
Hub. sibility for humanitarian purposes, perately need today. Texas is home to
Justice for Migrant Women; Justice in Mo- family unity, or because the waiver is nearly 250,000 farms, and the need for a
tion; La Unión del Pueblo Entero; Latino otherwise in the public interest. What strong agricultural workforce is vital.
Service Center; Leadership Conference of
that means is that convicted criminals It is vital to Texas; it is vital to this
Women Religious; Legal Aid Society of Met-
ropolitan Family Services; LIUNA; LULAC; will have an opportunity to gain am- country; and it is vital to this world.
MI Familia Vota; Migrant Legal Aid (Michi- nesty. Madam Speaker, I urge passage.
gan); MomsRising/MamásConPoder; NAACP; This bill invites fraudulent applica- Mr. MCCLINTOCK. Madam Speaker, I
National Consumers League; National Do- tions because under this bill, Madam yield 3 minutes to the gentleman from
mestic Workers Alliance; National Immigra- Speaker, if you apply for amnesty, Texas (Mr. ROY).
tion Forum; NC Justice Center; NETWORK your receipt serves as your authoriza- Mr. ROY. Madam Speaker, I thank
Lobby For Catholic Social Justice; New tion to work. All you have to do is the gentleman from California for
American Economy; Ohio Immigrant Alli-
apply for the amnesty and you will be yielding.
ance; Oxfam America; PCUN; Service Em-
ployees International Union (SEIU); The Ad- able to work legally. There is no way Madam Speaker, I hear a lot from my
vocates for Human Rights; The Foundation that this will not lead to fraudulent fil- colleagues on the other side of the aisle
for Farmworkers; The LIBRE Initiative; U.S. ings. that this is not how people should be
Hispanic Leadership Institute; UndocuBlack This bill establishes grant programs treated, whether it was with respect to
Network; USHLI. that use taxpayer dollars to help ille- the first broader amnesty bill, with re-
BUSINESS, COMMUNITY, AND OTHER gal aliens apply for amnesty. Instead of spect to the Dreamers, or whether it is
ORGANIZATIONS spending taxpayer dollars to facilitate this bill with respect to farmworkers,
Americans for Prosperity; National Asso- amnesty, we should focus on reducing which is, in fact, an amnesty bill. But
ciation of Counties (NACo); National Asso- the deficit. This bill does nothing to se- the fact of the matter is that nobody
ciation of State Departments of Agriculture
cure the border or close loopholes in on this side of the aisle and nobody I
(NASDA); National Education Association
(NEA); Maryland Pesticide Education Net- our immigration laws that encourage know in Texas disagrees that the sys-
work; PhDTrekkers; Rochelle Township High illegal immigration. tem is broken and that we need to
School; South Central Idaho Hispanic Cham- Now, I address something that was make sure that people are treated fair-
ber of Commerce; Union for Reform Judaism; said in the last debate. One of the Rep- ly and treated appropriately. Nobody
U.S. Chamber of Commerce; U.S. Conference resentatives said that no Republican disagrees with that.
of Catholic Bishops; U.S. Hispanic Chamber has taken her up on going to the bor- The problem is that what we are
of Commerce. doing is putting this bill in front of any
der. That is not accurate. When she an-
Ms. LOFGREN. Madam Speaker, I
nounced that in the Judiciary Com- kind of enforcement mechanisms that
ask that we come together and pass
mittee, I said that I will go with you, will prevent the continued abuse of
this bill. America will be stronger and
that I want to go with you. human beings because we refuse to do
better if we do.
Mr. JORDAN. Madam Speaker, I We agreed I would go. Our staffs ar- our actual job under the Constitution
yield the balance of my time to the ranged it. My flight reservations were of the United States to secure our bor-
gentleman from California (Mr. made, and within about 3 days before der.
MCCLINTOCK) to control the remainder going, I was told that there is no more We are just refusing to do it, and
of the time. room for you on this trip. then we pass legislation in the name of
The SPEAKER pro tempore. The gen- So, it wasn’t accurate to say that no helping people who, yes, are stuck in a
tleman from California will control the Republican has taken her up on it. I system because we created this system
time. took her up on it. because it is so badly broken. You then
Mr. MCCLINTOCK. Madam Speaker, I I will tell you this, Madam Speaker, create the magnet, Madam Speaker,
yield 3 minutes to the gentleman from when the Speaker says the reason to that empowers cartels and continues
Arizona (Mr. BIGGS). support the previous bill is that 75 per- the vicious cycle.
Mr. BIGGS. Madam Speaker, while cent of Americans support amnesty, Today, when this passes off the floor,
the Biden inhumane border crisis rages well, if you are going to rely on polling there will be a lot of backslapping and
on the southern border, we are here data, I would inform you that a recent congratulations: Isn’t this great, isn’t
today, once again, debating amnesty poll said that 75 percent of Americans this awesome, and aren’t we so proud
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for illegal aliens. support the use of voter ID. Let’s go of ourselves for what we are doing for
Promising amnesty to those who are ahead and fix that then if we are going these immigrants, these workers?
already here illegally encourages more to rely on voting information to pass But we are not doing a darn thing to
aliens to come illegally. All data for good policy. actually fix the system that prevents
the last 35 years shows that there is Let’s reinstitute voter ID, and let’s the flow, prevents the danger, prevents
this correlative relationship. vote ‘‘no’’ on this bill. the cartels, prevents the abuses, and
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H1552 CONGRESSIONAL RECORD — HOUSE March 18, 2021
prevents essentially the indentured ica’s families. They deserve the oppor- are, but we are going to grant them
servitude that this bill would actually tunity to take steps toward legal sta- amnesty through this bill. It is non-
create for the farmworkers in question, tus in this country. It is the right sense. It is frightening. It is irrespon-
leaving them stuck with Band-Aids of thing to do for them and it is the right sible. It is endangering American lives.
having to work certain hours as farm- thing to do to advance our farm indus- It is encouraging even more disaster
workers, continuing the process, by the try. and danger on our southern border.
way, while we continue to encourage This bill is good for Arizona’s econ- It makes absolutely zero sense for us
sex trafficking, human trafficking, omy—Arizona, the birth place of Cesar to proceed with this type of irrespon-
crimes, violations, and children being Chavez—where agribusiness is a $23 bil- sible legislation, and I urge my col-
abused. lion-a-year industry. Our State’s crops leagues to vote against this.
As I said before, as we sit here in this cannot be left to rot in the ground be- Mr. NADLER. Madam Speaker, I
august body—not actually amending, cause we lack access to a stable work- yield 11⁄2 minutes to the distinguished
by the way, just bloviating—while we force. gentlewoman from Texas (Ms. JACKSON
are sitting here, some little girl is get- Passing this bill today brings us one LEE).
ting raped in Mexico on a journey be- step closer to ensuring that farmers Ms. JACKSON LEE. Madam Speaker,
cause of the pressure that we are caus- have the stable workforce they need as I stood on the floor of the House for
ing by empowering cartels to do it. and that farmworkers are recognized H.R. 6, this is not amnesty. I thank the
That is occurring, and we are just for all the work they do for us every gentlewoman from California (Ms. LOF-
day. GREN) for her leadership, and Mr. NAD-
whistling, and we are just sitting here,
Mr. MCCLINTOCK. Madam Speaker, I LER as well.
burying our head in the sand.
yield 21⁄2 minutes to the gentleman Madam Speaker, let me explain to
Like I said, go give the press con-
from Georgia (Mr. HICE). you that under the American Dream
ferences and go pat ourselves on the
Mr. HICE of Georgia. Madam Speak- and Promise Act, which immigrants
back as a body for being pro-immi-
er, I thank the gentleman from Cali- are eligible for, they would have 43,500
grant. How is it pro-immigrant to have
fornia for yielding. homes and $340 million in mortgage
wide-open borders being exploited by
It is stunning to me that we are still payments.
cartels, wide-open borders with nar- Today, I rise in support of H.R. 1603
wrestling through these type of issues.
cotics coming across, and wide-open because this would allow farmworkers,
We have been watching over the last
borders with human beings coming agricultural workers, to be able to gain
few months one radical piece of legisla-
across it? legal status and to be able to seek a
tion after another and our country is
By the way, when the media says this certified agricultural worker status.
beginning to suffer. We are watching
Biden crisis has ended, if they ever ac- Dr. RUIZ, our colleague, indicated
gas prices go up, skyrocketing. We are
knowledge it exists, it will be because that he was raised by farmworkers. He
still shutting businesses down. We are
numbers are going down in facilities saw the bent hands, the bent banks,
still seeing schools closed. We are
because catching and releasing is going and the broken hands, and he saw the
watching our energy independence be
up. That is what is going to occur. patriotism. This is not amnesty. I will
reversed.
The SPEAKER pro tempore. The Madam Speaker, it is one horrible tell you what it is not. It is not the
time of the gentleman has expired. bill, one horrible policy after another. Trump policy of caging children in
Mr. MCCLINTOCK. Madam Speaker, I And now we are watching a catas- cages. It is not the Trump policy of
yield the gentleman from Texas an ad- trophe on our southern border, and my turning young 11-year-olds back across
ditional 30 seconds. friends on the other side of the aisle the border to be raped.
Mr. ROY. Madam Speaker, that is I hope my colleagues who are talking
appear to not care what is happening
what is going to occur. My fellow citi- about abortion and talking about rape
at the southern border.
zens back home in Texas and Ameri- We haven’t honestly called it for voted for the Violence Again Women
cans, when those numbers go down in what it is: a disaster. Act to really protect immigrant
facilities, don’t kid yourselves; illegal We are not willing to look at the na- women.
immigration will continue. tional security issues of it. We are not I rise to support this legislation be-
They will be catching and releasing willing to look at the danger that is oc- cause it will provide dignity, oppor-
illegal immigrants. They will be drop- curring, the cartels, the human traf- tunity for an enhanced economic en-
ping numbers down at facilities. They ficking, the drug trafficking, the crimi- gine, as the farmworkers take certified
will close the FEMA facility in Mid- nals who, perhaps, are coming across status because they can do it over and
land. We will have as much illegal im- our border, the terrorists who may be over again.
migration as we have right now, and coming across our border. Where is the bread on our table com-
the other side will claim: Oh, the crisis And now what are we doing? ing from?
is going down. We are looking at another out- The hardworking farmworkers who
That is what is coming at us. And rageous piece of legislation that says: are out there every day in these fields
today, we are passing amnesty instead if you come work on a farm, we are working to provide for the American
of securing the border of the United going to give you amnesty. It doesn’t people and the people around the
States. matter what your background. It world.
doesn’t matter who you are. We are the breadbasket of the world
b 1445
At the same time, we even have here and, because of their work, we are able
Mr. NADLER. Madam Speaker, I around Capitol Hill fences guarding us, to feed many. So I rise in enthusiastic
yield 11⁄2 minutes to the gentleman guarding the American people from the support. I wish my colleagues would
from Arizona (Mr. STANTON). people’s House, but we are going to have been as enthusiastic and as angry
Mr. STANTON. Madam Speaker, I open up our borders for who knows who about caging children as they are
thank Chairman NADLER and Chair- to come marching through. today about us fixing the immigration
woman LOFGREN for their incredible Now we have a piece of legislation system.
leadership on this important bill. that says: just come work on a farm Madam Speaker, I ask for support of
I rise in support of the Farm Work- and we are going to give you amnesty. H.R. 1603.
force Modernization Act, a bipartisan Madam Speaker, 1.5 million people Madam Speaker, I rise in strong support of
bill that will improve the H–2A agricul- are going to become citizens for work- H.R. 1603, the bipartisan ‘‘Farm Workforce
tural visa program to make it easier ing minimal time on farms. Modernization Act,’’ which will stabilize the ag-
for Arizona farmers to meet their This is going to shield criminals. ricultural sector and preserve our rural herit-
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workforce needs while also providing a They are just going to come across the age by ensuring that farmers can meet their
path for agricultural workers to earn border, claim amnesty, come work on a labor needs well into the future.
legal status. farm, and before long, they are legal First, the bill establishes a program for agri-
Throughout this pandemic, farm- citizens here. cultural workers in the United States (and their
workers have been on the front lines We don’t know who these people are. spouses and minor children) to earn legal sta-
playing a critical role in feeding Amer- We don’t know what their intentions tus through continued agricultural employment.
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March 18, 2021 CONGRESSIONAL RECORD — HOUSE H1553
Specifically, the bill creates a process for ditions that they are working in with adequate We have a problem with illegal immi-
farm workers to seek Certified Agricultural compensation. gration. It needs to be streamlined to
Worker status, a temporary status for those This bill regularizes people who want to be better serve our national interests. We
who have worked at least 180 days in agri- regularized and who want to contribute to have problems with visa processes, and
culture over the prior 2-year period. helping the agricultural industry in this great we can do better.
Certified Agricultural Worker status can be nation. But, unfortunately, we are passing a
renewed indefinitely with continued farm work I would like to thank my Judiciary Com- lot of bills that probably will not see
(at least 100 days per year). mittee colleagues on both sides of the aisle, the light of day in the Senate, that are
Applicants must undergo background and in particular, Chairman NADLER and Sub- not going to become legislation. We do
checks and pass strict criminal and national committee Chairwoman LOFGREN, for their grandstanding drama and constant
security bars. work in shepherding this important legislation rhetoric, and it is very unfortunate for
Dependent status is available for spouses to the floor. me because the American people are
and minor children. I am reminded of our tenure here on the Ju- tired of our institution not doing its
The bill does not require workers to do or diciary Committee and our record of being fair work, because we are policymakers and
apply for anything else in order to stay and and bipartisan on immigration reform for at we are legislators and we have to work
work in the United States. least 2 decades. on policy, not on political drama.
But long-term workers who want to stay I urge all members to join me in voting for So as a member of the Subcommittee
have the option of earning a path to lawful H.R. 1603, the Farm Workforce Modernization on Immigration and Citizenship, I en-
permanent residence by paying a $1,000 fine Act of 2021. courage my colleagues to actually
and engaging additional agricultural work, as Mr. MCCLINTOCK. Madam Speaker, I start working in committees on legis-
follows: yield myself such time as I may con- lation, not sending legislation from the
1. Workers with 10 years of agricultural sume. Speaker’s office to the floor, but actu-
I can assure the gentlewoman from
work prior to the date of enactment must com- ally have reforms and work at it be-
Texas that we are outraged by the fact
plete 4 additional years of such work. cause our people deserve it and our
that this administration’s policies and
2. Workers with less than 10 years of agri- people deserve to have a branch that
pronouncements have encouraged thou-
cultural work prior to the date of enactment works for the people, not having the
sands upon thousands of children to be
must complete 8 additional years of such executive and judicial branches doing
placed on that trail of terror in the
work. our functions.
hands of Mexican criminal cartels and So I hope we will have some very
The Farmworkers Movement in this country
brought here on the expectation of ad- constructive and serious conversation
was started and led by a great leader, Cesar
mission, an expectation that this ad- on immigration, and I would be happy
Chavez who said:
ministration is fulfilling. to help with it, but these piecemeal ap-
We cannot seek achievement for ourselves I must also assure the gentlewoman
and forget about progress and prosperity for proaches are not going to work and are
that this certainly is an amnesty bill.
our community. Our ambitions must be not good for our country.
broad enough to include the aspirations and It allows anyone who is here illegally,
Mr. NADLER. Madam Speaker, I
needs of others, for their sakes and for our who can claim to have worked the
yield 2 minutes to the gentleman from
own. equivalent of 13 40-hour weeks over 2
Idaho (Mr. SIMPSON).
The Texas Farm Workers Union (‘‘TFWU’’) years, legal status, amnesty. The docu- Mr. SIMPSON. Madam Speaker, I
was established by Antonio Orendain and mentation can be as little as having a thank the gentleman for yielding.
farmworker leaders of the Rio Grande Valley friend vouch for them. Madam Speaker, I rise today in sup-
active with the United Farm Workers (UFW) Ms. JACKSON LEE. Will the gen-
port of the Farm Workforce Moderniza-
after a disagreement with UFW leadership tleman yield?
Mr. MCCLINTOCK. Madam Speaker, I tion Act.
over direction of a melon strike in south For years, my constituents have been
yield to the gentlewoman from Texas.
McAllen, TX in 1975. Ms. JACKSON LEE. Let me say that asking me to fix our Nation’s broken
In August 1975, nearly ten years after he we can respect each other’s differences, immigration system. They have told
began organizing farm workers for the United and I thank the gentleman for explain- me that the shortage of legal workers
Farm Workers in the Rio Grande Valley of ing that. Amnesty is not related to in agriculture is wreaking havoc on our
South Texas. people working to earn their status, farmers in rural communities.
Antonio Orendain worked for Cesar Chavez That is why I joined with my good
and that is what this bill does, just as
in the Chicago UFW national grape and let- friends, Representatives NEWHOUSE,
the DACA bill does. They earn their
tuce boycott office. DIAZ-BALART, and LAMALFA to come up
status.
Farmworkers undertake some of the tough- Mr. MCCLINTOCK. Madam Speaker, with a bipartisan solution to this prob-
est jobs in America. reclaiming my time. lem. Along with Chairwoman LOFGREN
They have earned the opportunity to build This only applies to illegal aliens. If and other Democratic colleagues, we
their lives without the fear of being uprooted you are legally here, obeying our laws, crafted a bill to create a merit-based
from their families and their communities. you are out of luck with this bill. What agricultural immigration system for
The bipartisan Farm Workforce Moderniza- this bill says is, if you are here ille- our Nation’s food producers, and make
tion Act empowers the economic and physical gally and can have a friend vouch for much-needed reforms in the H–2A pro-
well-being of immigrant families while pro- you that you worked 1,000 hours over gram.
viding much-needed labor security for our na- the last 2 years in agriculture—again, But don’t just take my word for it.
tion’s farms. that is the equivalent of 13 40-hour There are over 250 agricultural indus-
The agricultural industry relies on the labor weeks—you get legal status. try groups from all across America
of 2.4 million farmworkers—about half of This is one of the many reasons why that have written to Congress to sup-
whom are undocumented. we are seeing this response from port this bill. From potatoes and dairy
This bill would protect thousands of families around the world now flooding our in my district to citrus and straw-
from deportation. southern border. berries in Florida and California, grow-
This is a big step in making our immigration Madam Speaker, I am pleased to ers agree that this bill is good for agri-
system more humane and more efficient. yield 3 minutes to the gentlewoman culture and good for our country.
I know the farming and agricultural commu- from Indiana (Mrs. SPARTZ). But I want to take a moment to ad-
nities in the state of Texas farm and my dis- Mrs. SPARTZ. Madam Speaker, I dress the current situation on our
trict borders communities that farm. thank the gentleman for yielding. southern border. What is happening
What we are doing here is the right thing Madam Speaker, it is unfortunate there is a crisis and we must address it.
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and attempting to reinforce the breadbasket that Congress cannot have a serious We all realize that. Unfortunately,
that the United States happens to be to the conversation about immigration be- years of congressional inaction has
world. cause we do actually have a real prob- made ‘‘immigration’’ a toxic word.
I have heard the clamoring of farm workers lem. We have a real crisis at the bor- This bill is not about what is hap-
for a very long time but I have also heard the der. It is a humanitarian crisis, the pening on the border, but that seems to
need for fairness and the improvement of con- Wild West. We are a country of laws. be what all of the debate is about—
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H1554 CONGRESSIONAL RECORD — HOUSE March 18, 2021
what is happening at the southern bor- I wanted to express concerns espe- ‘‘Yes, we can,’’ ‘‘Si, se puede.’’ Yes, we
der. cially about the H–2A provision in this can; yes, we will; and, yes, we are doing
This bill is not amnesty. It does not bill because I am familiar—there is a it. It was an honor last year at this
grant anybody amnesty. It allows indi- parallel to the J–1 visas that we use in time to celebrate her 90th birthday in
viduals to get right with the law and to northern Wisconsin in the resort area. the Rayburn Room, the last event we
become part of the legal workforce in They are temporary visas. And what had before COVID took over. So here
the United States. It is about providing we found over the years as employers is we are a year later. This is probably a
a stable legal workforce for the people that people would figure out how to use better celebration.
who put food on our tables. the J–1 visa to get into the country, Passing the Farm Workforce Mod-
This isn’t a perfect bill. No one would and then go job shopping from there. ernization Act and doing so on a bipar-
agree that it is. But it is a very good The H–2A is susceptible to the same tisan basis was a source of pride in the
compromise that actually gives us a thing. And due to lax enforcement, we last Congress, and it is now. With a
chance to solve a real problem for our could all live with it if there was good Democratic majority in the Senate and
constituents. That is why I came to enforcement in America, but there is President Biden in the White House,
Congress, to do those things, and I urge not good enforcement of our laws here when we pass it again, it is with better
my colleagues to support this legisla- in the United States. assurance that it will become law.
tion. So let’s cut to the chase here. The The bill honors the millions of farm-
Mr. MCCLINTOCK. Madam Speaker, gentleman from California touched on workers who are the backbone of our
no one disputes that this bill is a huge this very well. These bills devalue economy, quietly persevering through
windfall to big agriculture. The prob- American workers’ labor. harsh working conditions and low
lem is that it comes at the expense of In 2019, the greatest increase in wages as they power the farm economy
American workers. wages for people who are in the lower and put food on our tables.
Madam Speaker, I reserve the bal- income brackets happened, the great- As the U.S. Conference of Catholic
ance of my time. est increases in decades. Bishops has written:
Mr. NADLER. Madam Speaker, I I just say to all of those working- Recognizing the dignity of work of farm-
yield 11⁄2 minutes to the distinguished class Americans out there: Make no workers and their families is a central con-
gentlewoman from Texas (Ms. mistake, these bills today are another cern.
Farmworkers produce the food that we eat
ESCOBAR). clear message that you are viewed as and contribute to the care of our commu-
Ms. ESCOBAR. Madam Speaker, I replaceable. nity.
thank the chairman for yielding.
b 1500 This legislation, while long overdue,
I will be very clear, Madam Speaker.
Mr. NADLER. Madam Speaker, I is urgently needed now, in light of the
Farmworkers do back-breaking work
yield 1 minute to the gentlewoman coronavirus crisis, which is forcing our
under the scorching sun or unbearable
from California (Ms. PELOSI), the dis- essential farmworkers to live and work
cold to make sure that all of us have
tinguished Speaker of the House. under a cloud of fear and uncertainty
food on our table. Whether they are
Ms. PELOSI. Madam Speaker, I sa- about their health and their jobs.
sick, feeling well, whether they have At the same time, the pandemic has
family members who are not feeling lute the gentleman for the excellent
work of his committee, bringing this accelerated a labor crisis in the farm
well, they go to work to make sure we economy that endangers farmers and
have what we need, even, and almost important legislation, H.R. 1603, the
Farm Workforce Modernization Act, to producers and requires action. This ac-
especially, during the era of COVID. tion today is an agreement between the
It is incredible that anyone would the floor. I thank the chairman for this
critical victory for farmworkers and growers and the farmworkers.
stand in the way of having these in- This legislation supports workers and
credible people finally have a pathway growers, who have come together in
the farm economy with strong, smart
to legalization. support of this legislation, this legisla-
reforms.
The Farm Workforce Modernization tion which ensures that America can This bill provides a path to legaliza-
Act is a piece of legislation that is long continue to feed the world. tion for more than one million cur-
overdue. I have one thing to say to Thank you to Chair ZOE LOFGREN, rently undocumented farmworkers. No
those who would oppose legislation for chair of the Subcommittee on Immi- one who works to feed our country
this population, even though they ben- gration and Citizenship, for her years should be condemned to permanent
efit from the labor of this population: of relentless leadership on behalf of second-class status.
‘‘they don’t have shame,’’ ‘‘no tienen farmworkers, without which this bill This bill establishes the agricultural
verguenza.’’ would not be possible. I sang her workforce of the future by modernizing
Mr. MCCLINTOCK. Madam Speaker, I praises earlier as a former teacher of the H–2A initiative to ensure that
yield 4 minutes to the gentleman from immigration, immigration lawyer, and farms have stable, secure workforces.
Wisconsin (Mr. TIFFANY). chair of the Subcommittee on Immi- Critically, it demands fair, humane
Mr. TIFFANY. Madam Speaker, gration and Citizenship. She knows of treatment for farmworkers by securing
while chaos reigns on the border, we what she legislates. fairness in pay, improving access to
have another Democrat jam job before I think that it is clear to see there quality housing, and ensuring robust
us today. are a number of Californians involved safety and heat illness protections.
I would turn to the committee rank- in this. I want to salute Mr. COSTA and Any of us who have visited farm-
ing member, the gentleman from Cali- Mr. CARBAJAL, who are an important workers in the fields—and some of our
fornia (Mr. MCCLINTOCK), for a col- part of this. They represent farmland Members have been farmworkers them-
loquy. in California. They know the needs of selves or children of farmworkers—
Did the gentleman see these bills in the workers. They respect the involve- know the environment, the heat, the
the committee? ment of the growers. chemicals, and the rest, are a chal-
Mr. MCCLINTOCK. Will the gen- This, again, is a wonderful bill. We lenge.
tleman yield? salute many Members, representing This legislation is a critical step for-
Mr. TIFFANY. Madam Speaker, I every corner of the country, whose vi- ward for our workers, for our growers,
yield to the gentleman from California. sion and values have strengthened this and the farm economy, but our work is
Mr. MCCLINTOCK. Not this session, bill that has truly been a caucus- and not done.
no. Congress-wide effort. Congress will continue to stabilize
Mr. TIFFANY. Madam Speaker, re- Thank you to the United Farm Work- the farm economy, protect workers and
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claiming my time. ers for their outstanding organizing families, and maintain America’s agri-
These bills did not come before this which made this possible. In addition cultural preeminence in the world.
committee. For someone like myself, to our work internally, their outside Under the leadership of President
who has just joined the committee, I mobilization is so important. Biden, we will continue our work to
did not even have a chance to be able We are also inspired by the immortal fundamentally, fully fix our broken im-
to partake in this bill. words of our beloved Dolores Huerta: migration system so that we can honor
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March 18, 2021 CONGRESSIONAL RECORD — HOUSE H1555
America’s proud immigrant heritage grants that he represented through the This legislation streamlines our H–2A
and advance a better future for all. United Farm Workers. guest worker program, giving employ-
Earlier, I quoted President Reagan. I I yield 1 minute to the gentleman ers more flexibility and allowing access
want to do so again more fully. Earlier, from Pennsylvania (Mr. THOMPSON), for year-round agriculture sectors like
when I spoke on the floor about Dream- the ranking member of the Committee dairy and horticulture.
ers, I did so for 8 hours and 6 minutes. on Agriculture. Finally, the bill phases in E-Verify.
I promised earlier today to be shorter, Mr. THOMPSON of Pennsylvania. So, once these laws are in place, we can
and so I didn’t give as much of Presi- Madam Speaker, as Republican leader enforce them and ensure that workers
dent Reagan’s speech. of the House Committee on Agri- maintain a legal work status.
This is what he said: ‘‘And since this culture, I have the opportunity to Madam Speaker, I come from one of
is the last speech that I will give as speak with producers nationwide, and, the most productive agricultural re-
President, I think it’s fitting to leave overwhelmingly, they say the number gions in the world, where many of our
one final thought, an observation one issue facing the industry is the crops are labor intensive. As much as
about a country which I love.’’ lack of a reliable, legal workforce. producers would prefer to hire Amer-
He went on to talk about the Statue When it comes to farm labor, our im- ican workers to work in their fields, in
of Liberty, Madam Speaker. He said: migration system is broken and in des- their orchards, and in their dairies,
‘‘The torch of Lady Liberty symbolizes perate need of repair. there simply isn’t enough interest
our freedom and represents our herit- The Farm Workforce Modernization among domestic workers to get these
age, the compact with our parents, our Act is a step in the right direction. I jobs done.
grandparents, and our ancestors. It is will vote ‘‘yes’’ today, but to be clear, For decades, Congress has attempted
that lady who gives us our great and the bill is imperfect and must be im- to pass comprehensive immigration re-
special place in the world. For it’s the proved before becoming law. form to address our agricultural work-
It will not fully address the shortage
great life force of each generation of force, but we have been unsuccessful.
of legal agricultural workers and may
new Americans that guarantees that This bill is the targeted, bipartisan so-
leave our farmers, ranchers, and espe-
America’s triumph shall continue un- lution our farmers and ranchers need.
cially our dairies, with critical unmet
surpassed into the next century and be- I want to thank Ms. LOFGREN, Mr.
needs.
yond. Other countries may seek to DIAZ-BALART, Mr. SIMPSON, Mr.
I filed an amendment that would
compete with us; but in one vital area, LAMALFA, and many others. I urge my
have addressed these deficiencies that
as a beacon of freedom and opportunity colleagues to support this bill so we
was endorsed by the American Farm
that draws the people of the world, no can get it to the President’s desk for
Bureau Federation. Though not made
country on Earth comes close.’’ America’s agricultural industry.
in order, I hope that amendment will
As I said earlier, he said: ‘‘This, I be- Mr. MCCLINTOCK. I yield 1 minute
serve as a starting point in the Senate
lieve, is one of the most important to the gentleman from California (Mr.
for necessary improvements.
sources of America’s greatness. We lead Americans are blessed with a safe, LAMALFA).
the world because, unique among na- abundant, and affordable food supply. Mr. LAMALFA. Madam Speaker, let’s
tions, we draw our people—our But how long will that food supply last acknowledge the reality of what we
strength—from every country and if we do not have an adequate agricul- have right now, a big mess of a situa-
every corner of the world. And by doing tural workforce? tion that hasn’t been cured in several
so we continuously renew and enrich This may be a once-in-a-generation decades.
our Nation. While other countries cling opportunity to reform our immigration We used to have a system of invited
to the stale past, here in America we laws. Therefore, we must get it right. workers, called the bracero program.
breathe life into dreams. We create the Madam Speaker, if we fail to address Political battling has caused no new fix
future, and the world follows us into the agricultural workforce, we will in all of this time. Similarly, this bill
tomorrow. Thanks to each wave’’— have food insecurity, and that will lead allows good workers, decent people, to
President Reagan said—‘‘Thanks to to national insecurity. get right with the law, with back-
each wave of new arrivals to this land Mr. NADLER. Madam Speaker, I ground checks, with restitution, and
of opportunity, we’re a Nation forever yield 2 minutes to the gentleman from requirements to stay right with their
young, forever bursting with energy Washington (Mr. NEWHOUSE). ag worker status.
and new ideas, and always on the cut- Mr. NEWHOUSE. Madam Speaker, The same bill passed this House
ting edge, always leading the world to let me be blunt: there is a crisis at our through committee last Congress with
the next frontier. This quality is vital southern border. You have heard about good bipartisan support. It has bench-
to our future as a Nation. If we ever it from my Republican colleagues and I marks that must be met by workers
closed the door to new Americans, our over the past few days. Just this year, who are already here with history in
leadership in the world would soon be more than 200,000 people have illegally ag, not opening the floodgates to more
lost.’’ crossed our border, including four illegal entry and benefits. More recent
This being the last speech that I will known terrorists. entrants are required to remain in ag
give as President, President Reagan We must do something to stop this work for 8 additional years to remain
said, ‘‘I think it’s fitting to leave one disturbing trend. The U.S. is a country eligible. We have caps in this bill to
final thought, an observation about a of law and order. We must continue the current approximately 700,000
country which I love.’’ working to reform our broken immi- workers already here, with capped
As we remember the words of Presi- gration laws and enhance our border ratchets if more are needed.
dent Reagan, I also recall the words of security. It establishes an E-Verify for ag,
the late Cesar Chavez, whose birthday That is exactly what this legislation with strong biometric screening for all
we celebrate later this month. He said: will do. The Farm Workforce Mod- these certified ag workers, something
‘‘To make a great dream come true, ernization Act is a truly bipartisan we have never had under E-Verify.
the first requirement is a great capac- bill, negotiated over many months by It codifies in law many of the pieces
ity to dream; the second is persist- agriculture and labor representatives adopted in the Trump administration’s
ence.’’ alike, to ensure those who wish to can H–2A rule, including staggered H–2A
Thanks to all of our bipartisan Mem- come to our country, abide by our laws and making it much less burdensome
bers for their persistence on this legis- and contribute to our farms, ranches, for farmers to get these workers, espe-
lation for which I urge a strong bipar- and local communities. cially dairy, which needs year-round
tisan ‘‘aye’’ vote. The bill creates an employment- and workers and cannot have it now.
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Mr. MCCLINTOCK. Madam Speaker, I merit-based program for foreign work- The SPEAKER pro tempore. The
would remind this Speaker that Cesar ers to legally work in agriculture, time of the gentleman has expired.
Chavez was one of the most outspoken eliminating incentives for illegal mi- Mr. NADLER. Madam Speaker, I
adversaries to illegal immigration, pre- gration and strengthening both our na- yield an additional 30 seconds to the
cisely because he knew what that did tional security and our national food gentleman from California (Mr.
to depress the wages of the legal immi- supply chain. LAMALFA).
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H1556 CONGRESSIONAL RECORD — HOUSE March 18, 2021
Mr. LAMALFA. Madam Speaker, force Modernization Act, which is an ican citizens. This bill disadvantages
what this bill is not is amnesty, even opportunity to provide meaningful re- American citizens, and it disadvan-
though it may be dismissed as such. form that we have been waiting for, for tages people who follow our admittedly
Americans have demonstrated they years. broken immigration laws and come
will not step forward to do this work, This measure is supported by a bipar- here legally, and it rewards people who
not with the nonworking benefits they tisan coalition that includes not only come here illegally.
can already access. Frequent anecdotes the United Farm Workers and other It is going to exacerbate the humani-
show that those that might, frequently labor organizations, but a majority of tarian crisis we see at the border in-
quit after a few days because the work farm organizations across the country. stead of cure it. It is not a remedy; it
is too hard, even at dramatically in- What this is really about is an oppor- is a harm. It is a harm to American
creased wages. tunity to fix a part of a broken immi- citizenship, which should be treasured.
This law does not hand out citizen- gration system. We do welcome new Americans. We are
ship or allow anyone to cut ahead in I want to thank not only Chairman unequaled in the world. No country
line to apply for it. The same goes for NADLER, but also Chairwoman ZOE welcomes more new citizens per year
green cards. No express lane for green LOFGREN and DAN NEWHOUSE for the than the United States of America.
cards, not even government benefit eli- hard work that they have done to bring We will continue to be the land of op-
gibility. this legislation to the floor, bipartisan portunity, but we can only do that if
This is simply a way to get right support on both sides of the aisle. we protect the cherished value of
with the law, have a capped pool of al- Let me begin with the fact that food American citizenship. Citizenship mat-
ready in-place ag workers with legal is a national security issue. It is a na- ters. We cannot destroy it by adopting
status. That is better for the worker, tional security issue. Less than 5 per- these policies. I plead that people op-
the farmer, and for our system of cent of America’s population is di- pose it.
ID’ing who is in this country currently. rectly involved in the production of Mr. NADLER. Madam Speaker, I
It is a vast improvement over what we food and fiber that feeds our Nation. yield 2 minutes to the gentleman from
have now. That partnership is between farm- California (Mr. RUIZ).
workers and farmers and dairy men Mr. RUIZ. Madam Speaker, I and the
b 1515
and women. Congressional Hispanic Caucus rise in
Mr. MCCLINTOCK. Madam Speaker, I I know because my family represents support of H.R. 1603, the Farm Work-
would just point out, the last 30 sec- a third-generation family. Farm- force Modernization Act.
onds was on the time of the gentleman workers are some of the hardest work- My parents were farmworkers who
from New York. I reserve the balance ing individuals you will ever meet. I worked tirelessly day in and day out
of my time. know because I worked side by side for with calloused hands and tired backs to
Mr. NADLER. Madam Speaker, I years growing up on my family’s farm. give me, their children, opportunities
yield 11⁄2 minutes to the gentleman It is simply wrong that they be sub- that they never had.
from California (Mr. PANETTA). ject to living and working under a Farmworkers like my parents and
Mr. PANETTA. Madam Speaker, the shadow of uncertainty and fear of being like many of my constituents back
Farm Workforce Modernization Act deported. That is not right. home in the Coachella Valley taught
would simply protect our existing This bill is not about the border. The me the value of hard work, resiliency,
farmworkers and perpetuate an endur- border has been a problem for decades. and taking care of one another.
ing farm workforce. It would do that It is not about amnesty. This is an Farmworkers are getting infected
by modernizing and streamlining our earned basis to have legal status in and dying from COVID–19 at a much
H–2A visa system and by allowing America. I have spoken with the hard- higher rate than the general public.
those who are willing to come here to working men and women and their They are literally dying to feed you,
stay here if they continue to work here young children who work to put food give you the nutrients you need to pre-
in agriculture. on America’s dinner table, and I’ve vent COVID–19 and to heal from
Now, this bill is a bipartisan bill. It seen the hope in their eyes, the hope COVID–19.
is the right bill because it was a nego- that we can pass this legislation to We must protect and secure our food
tiated bill. No, it is not the perfect bill, provide them legal status, hope for a supply chain. We must pass the bipar-
but it is the necessary bill that was normal life free of the dread of family tisan Farm Workforce Modernization
formulated after months and months of separation that too often happens with Act to stabilize our food supply chain
difficult talks between Democrats and deportation that hangs over them and ensure that farmers can meet their
Republicans and farmers and farm- every day when they go to work, hope future labor needs.
workers. for a chance to change their reality The Congressional Hispanic Caucus is
Now, during those discussions, unlike and reshape their story. proud to work with Chair ZOE LOFGREN
what we are hearing today, we put neg- This measure involves protections. It and Congressman JIMMY PANETTA, as
ative politics aside and we focused on involves E-Verify. It involves an oppor- well as CHC members SALUD CARBAJAL
the positive policies for the people who tunity to reform an H–2A program for a and JIM COSTA, and other Members to
are part of the solution to the number reliable workforce for American agri- get the bill signed into law.
one problem for our farmers. We don’t culture. We owe it to the individuals Mr. NADLER. Madam Speaker, I
have a domestic workforce willing to who do so much for us. I ask that you yield the balance of my time to the
do ag labor, so farmers are reliant on support this legislation. gentlewoman from California (Ms. LOF-
immigrants to harvest their products. Mr. MCCLINTOCK. Madam Speaker, I GREN).
That is why, if we pass this bill today yield 2 minutes to the gentleman from The SPEAKER pro tempore. The gen-
and the Senate does its job tomorrow, Ohio (Mr. DAVIDSON). tlewoman from California will control
farmers will have a predictable and de- Mr. DAVIDSON. Madam Speaker, I the time.
pendable workforce, farmworkers will rise in opposition to this bill. Mr. MCCLINTOCK. Madam Speaker, I
get the legality and the dignity that It purports to solve an important am pleased to yield 3 minutes to the
they deserve, and we in Congress will problem for our country’s ag work- gentlewoman from Minnesota (Mrs.
have done our job for our agriculture force, for our ag community, and for FISCHBACH).
and for our Nation that both rely on food security for our country, but it ex- Mrs. FISCHBACH. Madam Speaker,
immigrants for our future. ploits a bigger problem and a real H.R. 1603 subjects H–2A employers to a
Mr. MCCLINTOCK. Madam Speaker, I emergency by creating a gaping hole in private right of action in Federal court
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reserve the balance of my time. our broken immigration system. Rath- for the first time ever in the history of
Mr. NADLER. Madam Speaker, I er than address the root issue with our the H–2A program. The bill does so by
yield 2 minutes to the distinguished immigration laws, it exploits them. applying the right of action standard
gentleman from California (Mr. COSTA). Frankly, I don’t know how many in the Migrant and Seasonal Agricul-
Mr. COSTA. Madam Speaker, I rise noncitizens some of my colleagues rep- tural Worker Protection Act, or MSPA,
to support the bipartisan Farm Work- resent. I came here to represent Amer- to H–2A employers.
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March 18, 2021 CONGRESSIONAL RECORD — HOUSE H1557
My motion to recommit today simply amendment in the RECORD imme- He said the border is secure, despite
provides that when an H–2A employer diately prior to the vote on the motion Customs and Border Protection refer-
faces an H–2A-related claim under the to recommit. ring over 7,300 unaccompanied alien
MSPA, the employer is provided a The SPEAKER pro tempore. Is there minors to the Department of Health
right to cure before the claim can pro- objection to the request of the gentle- and Human Services during the month
ceed. Specifically, the amendment al- woman from Minnesota? of February. That is the highest num-
lows the employer to attempt to re- There was no objection. ber of referrals in any February in the
solve the alleged violation within 5 Ms. LOFGREN. Madam Speaker, may history of the program.
days of receiving the complaint. The I inquire how much time remains on b 1530
employer must also file with the court both sides?
documentation demonstrating that the The SPEAKER pro tempore. The gen- He said the border is secure despite
action giving rise to the complaint has tlewoman from California has 9 min- the Biden administration’s plan to use
been remedied. After that, the court utes remaining. The gentleman from the Dallas Convention Center to house
may dismiss the complaint if it is sat- California has 51⁄2 minutes remaining. thousands of the unaccompanied mi-
isfied that the complaint has been re- Ms. LOFGREN. Madam Speaker, I nors who the cartels have smuggled
solved. yield 2 minutes to the gentleman from across the border.
Under H.R. 1603, private right of ac- Texas (Mr. CUELLAR). No matter what Secretary Mayorkas
tion can include actual damages or Mr. CUELLAR. Madam Speaker, says, the fact is the border is not se-
statutory damages of up to $500 per farm work is hard work. Both of my cure, and it is not secure because of
plaintiff per violation, where violations parents, Odilia and Martin, were farm- President Biden’s dangerous immigra-
constitute separate provisions. Most tion policies.
workers. It is very hard work. It is one
claims involve multiple plaintiffs and, We know that when foreign nationals
of those type of jobs that is very nec-
in class action, could involve many think they can easily get into the U.S.
essary to make sure that we bring food
plaintiffs who didn’t even want to be and be rewarded with legal status,
to the table.
part of the claim. For class action, the which is what this bill does, they flood
I represent several areas that are
court is authorized to award the lesser the border.
rural, and my ranchers and my farmers We are watching that happen before
of up to $500 per plaintiff per violation need an ag work program. It has to. our eyes. Aliens are flooding the border
or up to $500,000. In other words, liabil- They need it. I have always said, if an
ity under MSPA could be half a million in response to the President’s rhetoric
American wants the job, let them have and policies and in response to the
dollars. that job. But if they are not going to
Especially in the case of a fabricated promises of additional rewards made
fill that position, then we need to have through bills like this.
claim or an unintended violation, this a guest worker plan, just like we did
could be financially devastating for Talk of amnesty fuels border cross-
during World War II, where we did the ings. That is a fact.
farmers. Costs like these to agricul- Bracero program. Therefore, we need to This bill grants amnesty and a spe-
tural employers on top of attorneys’ support this for our ranchers and our cial path to U.S. citizenship to at least
fees, court fees, and awards pursuant to farmers. 1 million farmworkers currently in the
other claim avenues should be taken I will tell you this, it is not amnesty.
seriously. They can be significant bur- United States. I have seen estimates
What Ronald Reagan did in 1986, that that go up to 21⁄2 million—nobody real-
dens on employers who did not know- was amnesty. This is not amnesty. And
ingly or purposefully violate H–2A re- ly knows—as well as to their spouses
if you want to talk about border secu- and children.
quirements. rity, this will help secure the border.
At the very least, we should allow This bill allows aliens to get green
Let me explain. If you have people cards even if they illegally reentered
our growers the opportunity to remedy who will come into a secure system to
a potential violation before they are the U.S., committed immigration
come work, and then they go back, fraud, voted illegally in a Federal or
hit with a huge penalty. Today’s mo- then you can have Border Patrol focus
tion to recommit would do just that. If State election, or have two serious
on the people who have the bad mo- misdemeanor convictions.
the purpose of filing a complaint is to
tives, the people who want to bring in The supporters of this bill claim that
seek redress, then this amendment pro-
drugs, the people who want to smuggle illegal aliens who get green cards must
vides a reasonable path forward.
I am sure that those whose purpose it or traffic people. So this actually will work in agriculture. However, the bill
is to subject employers to additional help border security if we set this up includes broad waiver authority that
claims, frivolous or otherwise, will op- right, like they did in World War II. allows those who did not complete all
pose my amendment, but those who un- Madam Speaker, I ask Members to the work requirements because of
derstand the importance of helping support this program. It is needed by weather conditions or COVID or if the
U.S. farmers in the face of constant our farmworkers. We need to do it. alien was fired, among other situa-
and growing competition from foreign Madam Speaker, I want to thank tions, to still get a green card.
agricultural operations without our Chairwoman ZOE LOFGREN and Mr. Those legalized under this bill would,
high labor standards understand how NADLER for their work. from the outset, compete directly for
reasonable a right to cure is. Mr. MCCLINTOCK. Madam Speaker, jobs with Americans. Nothing in this
The SPEAKER pro tempore. The may I inquire of my friend from Cali- bill prevents those who get employ-
time of the gentlewoman has expired. fornia if she has any additional speak- ment authorization during the initial
Mr. MCCLINTOCK. Madam Speaker, I ers? process from working in non-
yield an additional 1 minute to the Ms. LOFGREN. No, I do not. agricultural labor sectors. And of
gentlewoman. Mr. MCCLINTOCK. Madam Speaker, I course, once they and their family
Mrs. FISCHBACH. Madam Speaker, yield myself the balance of my time. members get a green card, as provided
my amendment would retain the abil- Just yesterday, the Secretary of under this legislation, they are free to
ity of H–2A workers to obtain redress, Homeland Security told the Homeland work wherever they want.
but would provide important protec- Security Committee that the border is This bill sends a powerful message
tion for growers, too. secure. The Secretary said the border and an invitation to those who cross
Madam Speaker, if we adopt the mo- is secure, despite saying only 1 day ear- our borders illegally that they can ex-
tion to recommit, we will instruct the lier that the Department of Homeland pect to be rewarded with legal status
Committee on the Judiciary to con- Security is on pace to encounter more and, ultimately, green cards and an ex-
sider my amendment to H.R. 1603 to individuals on the southwest border pedited path to citizenship.
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provide a commonsense right to cure than we have in the last 20 years. But far worse than that, it floods our
for our Nation’s farmers, who will be He said the border is secure, despite a market with low-wage labor at a time
subject to burdensome litigation under 590 percent increase in the number of when Americans are struggling to re-
this underlying bill. family units crossing the border in the cover from the devastating lockdowns
Madam Speaker, I ask unanimous first 6 weeks of the Biden administra- that have crushed the dreams of so
consent to include the text of the tion. many working families.
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H1558 CONGRESSIONAL RECORD — HOUSE March 18, 2021
I will end as I began. The people who or temporary agricultural work is al- Stabilizes the existing workforce by giving
were most helped by the economic ex- ready covered under MSPA, and that legitimate farmworkers a chance to get a
pansion that we saw were working- would be close to like all employers. five-year Certified Agriculture Worker
(CAW) visa to work in U.S. agriculture. As
class Americans because the Trump ad- This bill would formally place all em-
long as the worker continues to meet min-
ministration got control of our borders ployers of H–2A workers under MSPA, imum days in agriculture annually, the
and stemmed the flow of this illegal impacting only those who hire no do- worker can continue to work in the U.S.
labor. mestic employees. with unlimited five-year renewals. CAWs can
They made the greatest gains during The idea that there needs to be a cross the border as they need without re-
the expansion; they have been the most right to cure has merit, except it is al- striction.
harmed during the lockdowns; and this ready addressed in this bill because it CAWs can earn the opportunity to apply
adds to their burdens and woes by en- requires mandatory mediation. If there for a green card by paying a penalty and con-
tinuing to work in agriculture for at least
suring that the market for their skills is a problem that can be fixed, it will
eight years. If a CAW can prove 10 years of
and labor will remain stagnant for a be fixed in the mediation system. That prior work in agriculture, they can apply for
decade to come. is quite new. a green card after four years.
Please don’t do this to those good The other thing to point out is that MYTHS AND FACTS
Americans in this perilous time for our there are no attorney’s fees provided MYTH: This bill will codify wage surveys
country. for in the bill or in MSPA, so the idea into law and result in multiple wage classes.
Madam Speaker, I yield back the bal- that somehow this is a windfall for the Under this bill, wages will be much higher
ance of my time. trial bar is simply incorrect. than the current Adverse Effect Wage Rate
Ms. LOFGREN. Madam Speaker, I There is a great Q&A truth setting in (AEWR).
yield myself the balance of my time. a publication called Hoard’s Dairyman, FACT: This bill provides for greater cer-
There has been a lot of rhetoric ‘‘What the Farm Workforce Act could tainty and granularity in wages. First, this
today about the border, and I think it mean.’’ I include the article in the bill applies a one-year freeze of wages across
is important to address some of it. all categories at the current year’s rate.
RECORD. After the one-year freeze, all wage rates are
First, let’s get the facts straight. The [From Hoard’s Dairyman, Mar. 15, 2021] then limited in any increases year over year
uptick in apprehensions at the south- WHAT THE FARM WORKFORCE ACT COULD to 3.25% with the ability to decrease 1.5%.
ern border began in April 2020, last MEAN (Exception: If the resulting wage is less than
year, long before we knew President (By Bob Gray) 110% of the federal or state minimum wage,
Biden was even going to become the then the wage could increase an additional
The Farm Workforce Modernization Act,
Democratic nominee, much less the bipartisan bill H.R. 1603, was reintroduced
percentage point to 4.25%.) After year 10, the
President. AEWR requirement ends, and the Secretaries
this week by Congresswoman Zoe Lofgren
During the pandemic, the Trump ad- of Agriculture and Labor must develop a new
(D–Calif.) and Congressman Dan Newhouse
ministration did something that trou- wage standard with input from stakeholders.
(R–Wash.). It could be taken up by the full
If Congress fails to act to control and reform
bled me a great deal and that I ob- House this week.
AEWR, some estimates have shown AEWR
jected to. They ignored the Trafficking Here are some additional details about the
rates could rise 7% to 8% annually in the
Victims Protection Act. That was a bi- bill. Most of this information came from the
coming years.
partisan bill. Congressman CHRIS four Republican leads—Representatives Dan
MYTH: Adjusted workers are treated im-
Newhouse (R–Wash.), Mike Simpson (R–
SMITH from New Jersey was the lead on ldaho), Mario Diaz-Balart (R–Fla.), and Doug
mediately as U.S. workers, thus requiring
the Republican side. I worked on it on employers to hire them. This displaces pre-
LaMalfa (R–Calif.). Before reading further, I
our side along with others. It had a vious H–2A workers.
want to reiterate, however, that this is a bi-
very precise protocol for what to do FACT: This bill includes a provision that
partisan bill with support from both sides of
allows employers to prioritize their longtime
when an unaccompanied child pre- the aisle.
H–2A workers over new Certified Agriculture
sented at the border, a potential traf- The Farm Workforce Modernization Act
Workers (CAWs). CAWs have a requirement
ficking victim. (FWMA) expands the current H–2A seasonal
to work in agriculture that no domestic
Instead of following that protocol, worker program to include full-time, year-
worker has. Because of that requirement and
round workers for dairy and other agricul-
the prior administration would simply tural businesses.
proven experience in agriculture work, CAWs
take that child, an 11- or 12-year-old do receive preference over new foreign agri-
The bill is not perfect, but it is a very good
little girl, and turn her back into Mex- culture workers. There is no expansion of the
start in providing an extremely important
ico, not knowing what would happen to current workforce; CAW workers are already
piece of the legislative reform needed by
here and working in agriculture. The bill
her. dairy farmers. Right now, as you all know,
eliminates the legal chaos farmers and work-
Now, those children who have been in we have no program. We have never had an
ers face today.
squalid camps for the last year are immigration worker program in the past.
MYTH: This bill does not allow agricul-
being addressed pursuant to the Traf- When the bill goes before the House next
tural associations to file as agents on behalf
week, you will hear various pros and cons
ficking Victims Protection Act. It is of their members.
about it in the press. Therefore, I thought it
correct that we have had more children FACT: This bill does not affect the ability
would be useful to include a ‘‘Facts and
present than we were prepared to deal of associations to file as agents. The bill al-
Myths’’ sheet about the legislation so you
with, and there was a scramble to take lows associations to file as agents, or as a
can fully understand its provisions and not
joint or sole employer of workers.
care of those children properly. But it be misled by information that is incorrect.
MYTH: This bill provides no relief for
has nothing to do with the Farm Work THIS IS WHAT THE FARM WORKFORCE dairies or year-round agriculture.
Modernization Act. MODERNIZATION ACT DOES FACT: This bill creates year-round access
I listened with some interest to the Simplifies H–2A by reducing duplicative to the H–2A program for dairy and other ag-
suggestion that there needs to be a paperwork—only one filing needed instead of ricultural sectors that desperately need
change in the Migrant and Seasonal three. workers but have previously been unable to
Agricultural Worker Protection Act Bureaucracy is reduced even further for utilize the program. Without this bill, year-
provisions of this bill. Currently, H–2A many farmers with staggered labor needs. round agriculture has no access to a legal
Farmers can file one petition for the entire foreign workforce.
employers must comply with the H–2A
season, allowing for staggered entry of H–2A MYTH: This bill would create new funding
program requirements, which largely workers. for the Legal Services Corporation.
meet or exceed MSPA. The primary Modernizes recruitment by allowing em- FACT: There is no new funding in this bill
difference is that the DOL stands in ployers to post job openings on an online job for the Legal Services Corporation.
the place of the foreign farmworker in registry. No classified ads are required. MYTH: This bill requires farmworker hous-
bringing forward cases of alleged viola- Reduces labor costs by freezing wages for ing to meet Occupational Safety and Health
tion of the H–2A program. one year and capping wage growth there- Administration (OSHA) standards.
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The Fair Labor Standards Act and a after. The adverse effect wage rate is re- FACT: Farmworker housing is already re-
placed in later years. quired to meet OSHA standards, and DOL re-
number of other Federal and State
Makes available 60,000 year-round H–2A quires annual approved inspections before
laws apply to the H–2A program, but it visas over the first three years, growing an- approving a certification. The bill makes no
is worth noting that any H–2A em- nually by 12.5%. Dairy is guaranteed at least changes to that requirement, and in fact, re-
ployer that employs one or more do- half of these visas, and any unused visas are duces the inspection to every two years. The
mestic workers who perform seasonal available for other agriculture industries. bill provides $11 billion in additional funds to
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March 18, 2021 CONGRESSIONAL RECORD — HOUSE H1559
offset costs for grower-provided and other cluding to H–2A workers. The bill provides $1 We believe that making sure that
farmworker housing. billion to rehabilitate existing housing, tri- there is a future flow of a legal work-
MYTH: This bill establishes a new bureau- ples federal funding for USDA Section 514/516 force not only into farms but now into
cratic complaint/investigation process that rural housing and grant programs, and dou-
allows anyone to file a complaint.
dairy is good for America because we
bles funding for the Section 521 rental assist-
FACT: There is no new process established ance program. The bill also reduces the cost think immigration ought to be legal. It
in this bill. It simply codifies existing regu- of providing housing to H–2A workers by ought to be regularized. It ought to be
lations. making operating assistance subsidies avail- orderly. That is what this bill would
MYTH: The bill requires more reporting on able to 514/516 property owners who house H– accomplish.
employer recruitment efforts. 2A workers. Finally, there has been a lot of talk
FACT: There are no additional reporting MYTH: Mandatory E-Verify just for agri- about enforcement. This bill has en-
requirements in this bill, and requirements culture means thousands of year-round em- forcement in it. When the bill is imple-
for recruitment efforts have been simplified ployers will have no access to labor whatso-
and modernized. mented, we will have a strategy in a
ever.
MYTH: This bill creates a new private FACT: This bill provides a way for the cur- legal way to meet the needs of agri-
right of action for H–2A workers under the rent workforce to get right with the law, culture in America. If we have that as
Migrant and Seasonal Agricultural Worker which means they would be compliant with law, we ought to enforce that law. That
Protection Act (MSPA). E-Verify. As noted above, the bill provides is why, on a bipartisan basis, we agreed
FACT: Currently, H–2A employers must employers with two avenues for hiring new that E-Verify ought to be applied to
comply with the H–2A program require- year-round workers. The E-Verify require- this whole sector.
ments, which largely meet or exceed MSPA. ment would only apply to new hires and is
The primary difference is that DOL stands in
This is a package that will make
phased in, beginning three years after enact-
the place of the foreign farmworker in bring- America stronger. It is fair to farm-
ment.
ing forward cases of alleged violations of the MYTH: Illegal farmworkers, their spouses, workers. It is fair to farmers. And it is
H–2A program, the Fair Labor Standards Act and all their dependents are provided a spe- good for America. I hope that people
(FLSA), and a number of other federal and cial, expedited path to legal, permanent resi- will vote for it on both sides of the
state laws. In addition, any H–2A employer dence and will move out of agriculture and aisle. So many of us worked together
that employs one or more domestic worker into other jobs in the economy. to bring it to this point.
who performs seasonal or temporary agricul- FACT: This bill does not create an imme- Madam Speaker, I yield back the bal-
tural work is also currently covered under diate path to permanent residence. First, it ance of my time.
MSPA. The bill would formally place all em- creates a temporary legal status that can Mr. SCOTT of Virginia. Madam Speaker,
ployers of H–2A workers under MSPA (im- only be renewed with significant agricultural
pacting only those who currently hire no do- work. Second, the bill provides the option of
farmworkers toil under difficult and dangerous
mestic employees for seasonal or temporary earning permanent residence through contin- conditions for long hours and low pay to en-
work) while creating a new mandatory medi- ued agricultural work, but it would take at sure America has a safe and plentiful food
ation requirement for any claim not just a minimum five to 10 years to earn such sta- supply.
filed under MSPA but extended it to claims tus, depending on the amount of past agri- Because of the scarcity of domestic farm
under the H–2A program and FLSA. Manda- cultural work the worker could demonstrate. labor, for decades, the agricultural sector has
tory mediation could help reduce litigation These significant past and future work com- depended largely on the labor of migrant
costs and attorney fees for growers, in part mitments would ensure the stability of workers. The vast majority of crop workers in
by resolving frivolous claims before reaching American agriculture for years to come.
the court room.
the United States were not born here and are
Spouses and dependents receive the same
MYTH: This bill gives workers up to two protections that currently exist in the H–2A undocumented or here on guest visas. Though
years to file a legal claim against an em- program. these workers perform incredibly difficult work
ployer, even after the worker has returned to MYTH: The bill puts AEWR into law after under hazardous conditions, they are often un-
their home country. 2029 with no increase or decrease in caps. able to seek recourse when their rights are
FACT: Under current statue, H–2A workers Keeping the AEWR for another 10 years and violated. A pathway to citizenship, when ac-
already get this. There is nothing new in this preserving it in statute means employers companied by appropriate oversight meas-
bill. Many state-based claims have longer will see no relief. ures, could help reduce these dedicated work-
statute of limitations. FACT: After year 10, the AEWR require-
MYTH: This bill gives the Department of ment ends, and the Secretaries of Agri-
ers’ justifiable fear of reprisal for asserting
Labor (DOL) a new ability to sue on behalf of culture and Labor must develop a new wage their rights. Farmworkers are integral to our
employees. standard with input from stakeholders. communities and our economy. Creating a
FACT: Under the Fair Labor Standards Act MYTH: The bill provides new authority for pathway to citizenship for these individuals—
(FLSA), DOL already has this ability. There the DOL to award back wages, penalties, and who work to feed us and our country year
is nothing new in this bill. damages and/or to debar employers from the after year—as well as their families is both an
MYTH: To overcome a denial of labor cer- program for five years or permanently. economic and humanitarian necessity.
tification, this legislation places the burden FACT: The DOL already has authority to
of proof on employers to show that domestic
I support legalization of vulnerable, undocu-
temporarily debar bad actors. This bill would
workers were turned away for lawful rea- give the DOL new authority to permanently mented workers and a path to citizenship.
sons. debar individuals who have previously been However, in exchange for legalization for
FACT: Nothing new is in this bill. This debarred and are habitual violators of the some undocumented farmworkers, this bill
provision already exists under current law. program’s requirements. would depress labor standards for H–2A work-
MYTH: This bill permits very limited ap- Ms. LOFGREN. We have labored long ers. Because weakened labor standards for
peals and does not grant de novo appeals of and hard, those of us in our bipartisan H–2A workers could adversely impact the do-
denials or Notice of Disagreement (NOD).
FACT: This bill allows employers to quick-
group that worked to solve a problem mestic workforce, this bill could negatively im-
ly fix application deficiencies, as with cur- that our country has, which is we need pact the economic security of all farmworkers.
rent law. The bill, however, improves this a stable workforce in the agricultural Wage cuts for many H–2A workers in turn
process by creating a new emergency proce- sector. would depress wages for all farmworkers. The
dure for farmers so issues are fixed faster I thank last year’s chairman of the adverse effect wage rate (AEWR), which is
and workers are not delayed. It also allows Agriculture Committee, Collin Peter- often the binding wage paid to H–2A workers,
for post-certification modifications. son, for the work that he did on this is designed to ensure that wages paid to H–
MYTH: This bill establishes a new require- bill; this year’s chair who also supports 2A workers do not depress wages for U.S.
ment for employers to provide housing for
domestic workers outside of a 50-mile dis-
this bill, Mr. SCOTT; as well as the farmworkers. This means the AEWR must be
tance. ranking member who said that he high enough to reflect wages paid in the local
FACT: The bill does not change any cur- would vote for it even though there are labor market. This bill would change the way
rent housing requirements. As with current some things he would like to change. It the AEWR is currently calculated over the first
law, the requirement to provide housing ap- is a compromise, and it was worked on ten years to reflect average wages paid to
plies only to U.S. workers who live outside of for almost over a year to get to this farmworkers in the region according to their
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the normal commuting distance for the area. point. specific occupation, rather than the average
MYTH: The bill makes no meaningful re-
We believe that having a legal work- wage paid to farmworkers across all occupa-
form to the high housing costs in the H–2A
program. force in agriculture that will give sta- tions. However, the bill fails to require the use
FACT: The bill makes historic investments bility is not only good for those work- of data that actually reflects local wage condi-
in farmworker housing while reducing em- ers, but it is good for their employers, tions. Additionally, while setting limitations on
ployer costs in providing such housing, in- and it is good for America. how much AEWR wages can decrease after
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H1560 CONGRESSIONAL RECORD — HOUSE March 18, 2021
an initial one-year freeze, the bill imposes able workers. While most of these individuals days after receiving service of the complaint,
caps on wage increases from year to year, do not currently have access to these benefits file with the court documentation dem-
limiting whether AEWR can truly reflect wages due to their immigration status, leaving immi- onstrating that the action giving rise to the
complaint has been remedied. The court may
paid in the local labor market. grant workers who are granted legal status
dismiss such complaint if satisfied that the
As a result of these changes to the AEWR, under this legislation without access to social complaint has been resolved.
the majority of H–2A workers would see their safety net programs establishes a dangerous
wages actually go down, albeit modestly, while The SPEAKER pro tempore. Pursu-
precedent that access to health care and other
ant to clause 2(b) of rule XIX, the pre-
others would see the growth in their wages basic necessities can be traded away for a
vious question is ordered on the motion
capped. I have opposed similar efforts pro- path to legal status. to recommit.
posed by the Trump Administration that would This legislation weakens the current recruit- The question is on the motion to re-
depress wages. ment and hiring standards for U.S. farm- commit.
This year, I was pleased to lead House ef- workers. A reduction in employers’ obligations The question was taken; and the
forts to include an increase to the federal min- to hire U.S. workers under this bill will under- Speaker pro tempore announced that
imum wage in the House-passed American mine one of the core principles of the H–2A the noes appeared to have it.
Rescue Plan (H.R. 1319). While those min- program: that H–2A workers should fill in gaps Mrs. FISCHBACH. Madam Speaker,
imum wage provisions did not ultimately sur- in the farm workforce that U.S. employers are on that I demand the yeas and nays.
vive Senate budget reconciliation rules, I will truly unable to fill, rather than merely replacing The SPEAKER pro tempore. Pursu-
continue to push for H.R. 603, the Raise the U.S. workers that employers could attract with ant to section 3(s) of House Resolution
Wage Act, which would gradually raise the reasonable efforts. I raised concerns with simi- 8, the yeas and nays are ordered.
federal minimum wage to $15 per hour by lar efforts to modify recruitment standards by Pursuant to clause 8 of rule XX, fur-
2025. I am confident that in the next ten the Trump Administration in 2019. ther proceedings on this question are
years, we will enact a meaningful increase in Agricultural work is hazardous, and workers postponed.
the federal minimum wage, boosting wages for in this sector have few legal health and safety Pursuant to clause 1(c) of rule XIX,
workers across our nation—including farm- protections. Ensuring that H–2A workers and further consideration of H.R. 1603 is
workers. However, I am concerned that H.R. all farmworkers have safe, healthy working postponed.
1603, Farm Workforce Modernization Act of conditions is critical. I am pleased that this bill f
2021, will create artificial barriers to wage requires H–2A employers to maintain heat ill- ANNOUNCEMENT BY THE SPEAKER
growth, or worse, lead to wage cuts, con- ness prevention plans and requires H–2A em- PRO TEMPORE
tinuing to leave farmworkers relegated to low ployers in the dairy industry to maintain work-
pay and economic insecurity. place safety plans. However, as presently writ- The SPEAKER pro tempore. Pursu-
Our country’s wage and hour laws are de- ten, some provisions are ambiguous and ant to clause 8 of rule XX, the Chair
signed to ensure that workers are guaranteed would be difficult to enforce; other provisions will postpone further proceedings
a fair day’s pay for a fair day’s work. But this have weak minimum requirements that would today on motions to suspend the rules
right is only as strong as a worker’s ability to limit their value. As this legislation moves for- on which the yeas and nays are or-
hold employers accountable, especially in ward, I would urge the inclusions of stronger dered.
court. Unfortunately, this bill creates obstacles The House will resume proceedings
health and safety standards.
that may delay farmworkers’ ability to access on postponed questions at a later time.
Strong labor protections are vital to protect
their day in court, when they have been vic- both H–2A workers, who are vulnerable given f
tims of wage theft. While I welcome extending their temporary status, and domestic farm- PROTECT DEMOCRACY IN BURMA
coverage of the Migrant and Seasonal Agricul- workers, whose employers may be ACT OF 2021
tural Worker Protection Act (MSPA) to H–2A disincentivized to provide employment. This is Mr. MEEKS. Madam Speaker, I move
workers, adding a mediation requirement to especially true given that farmworkers have to suspend the rules and pass the bill
both the MSPA and the Fair Labor Standards historically been carved out of labor and em- (H.R. 1112) to require a report on the
Act (FLSA) is problematic. This bill enables ployment laws, leaving these workers with military coup in Burma, and for other
employers to impose three months of manda- fewer wage protections and rights to bargain purposes, as amended.
tory mediation when an H–2A worker brings a for better working conditions. The Clerk read the title of the bill.
civil suit under these laws, even if the worker While this bill does make some improve- The text of the bill is as follows:
does not consent to the mediation and wants ments in immigration law, I look forward to H.R. 1112
his or her day in court. This undermines the supporting a version of this bill that more ac- Be it enacted by the Senate and House of Rep-
voluntary nature of mediation and provides curately reflects strong labor standards. resentatives of the United States of America in
bad actors with an avenue for delaying or de- The SPEAKER pro tempore. Pursu- Congress assembled,
nying wage recovery. This delay could prove ant to House Resolution 233, the pre- SECTION 1. SHORT TITLE.
significant for farmworkers who may be in this vious question is ordered on the bill, as This Act may be cited as the ‘‘Protect De-
country for a limited amount of time to partici- amended. mocracy in Burma Act of 2021’’.
pate in litigation. This is especially fraught SEC. 2. FINDINGS.
The question is on the engrossment
Congress finds the following:
given that, in contrast to MSPA, the FLSA pro- and third reading of the bill. (1) On March 14, 2005, the House of Rep-
vides for recovery of unpaid wages and liq- The bill was ordered to be engrossed resentatives agreed to H. Res. 135, which es-
uidated, or double, damages and recovery of and read a third time, and was read the tablished the House Democracy Assistance
attorney’s fees, plus costs. This provision may third time. Commission (later changed to the House De-
also pull domestic farmworkers or other visa MOTION TO RECOMMIT mocracy Partnership, hereafter referred to
classifications of workers into required medi- Mrs. FISCHBACH. Madam Speaker, I as ‘‘HDP’’) to work directly with par-
ation where there are collective or class ac- liaments around the world to support the de-
have a motion to recommit at the
tions, thereby undermining incentives for other velopment of effective, independent, and re-
desk. sponsive legislative institutions.
workers to join with H–2A workers to seek re- The SPEAKER pro tempore. The (2) HDP approved a legislative strength-
dress. Clerk will report the motion to recom- ening partnership with Burma in 2016 and or-
Last Congress, I supported the passage of mit. ganized the first congressional delegation to
H.R. 1423, the FAIR Act, to ban forced arbitra- The Clerk read as follows: meet with the new civilian-led government,
tion in many areas, including employment, be- Mrs. Fischbach moves to recommit the bill led by State Counselor Aung San Suu Kyi,
cause it could delay or totally block workers’ H.R. 1603 to the Committee on the Judiciary. and civil society leaders in May 2016.
access to courts. We should promote legisla- (3) On February 2, 2021, the U.S. Depart-
The material previously referred to ment of State assessed that Daw Aung San
tion that protects workers’ fundamental right to
by Mrs. FISCHBACH is as follows: Suu Kyi, the leader of Burma’s ruling party,
have their day in court, not delay it.
ctelli on DSK11ZRN23PROD with HOUSE
This bill denies newly legalized farmworkers At the end of section 204(b), add the fol- and President Win Myint, the duly elected
lowing: head of government, were deposed in a mili-
and their families access to key social safety
(4) RIGHT TO CURE.— If an H-2A worker files tary coup on February 1, 2021.
net programs. Denial of benefits that can pro- a civil lawsuit alleging a violation under the (4) As part of the military coup, the Bur-
mote economic stability, coupled with the bill’s Migrant and Seasonal Agricultural Worker mese military declared martial law, sus-
wage suppressing provisions, threatens to cre- Protection Act (29 U.S.C. 1801 et seq.), an ag- pended the civilian-led government, and de-
ate a long-term pool of economically vulner- ricultural employer may, not later than 5 tained newly elected Members of Parliament
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