Agricultural Guest Worker Reform Initiative Act of 2021 or the AGRI Act of 2021
This bill revises provisions related to H-2A (temporary agricultural worker) visas, including to eliminate certain requirements to hire U.S. workers, expand the program to include dairy and ranch workers, and shift administrative responsibilities from the Department of Labor to the Department of Agriculture (USDA).
The bill establishes a trust fund to be used to (1) administer and enforce the program, (2) collect a portion of guest worker wages to be paid upon a worker's return to the worker's country of origin, and (3) provide emergency medical services for guest workers.
The bill eliminates a requirement that, during the first half of the time period of a guest worker contract, certain employers must hire any qualified U.S. employee who applies to perform the job the guest worker was hired to perform.
Furthermore, an employer shall not be required to pay a guest worker a wage higher than the highest of federal, state, or local minimum wage rates.
The bill places limitations on when guest workers may receive civil legal assistance for low-income individuals.
Employer-provided housing shall be governed generally by USDA regulations, where currently such housing must meet applicable federal, state, or local standards. Employers shall not have to provide housing to workers who can reasonably return to their permanent residence within the same day.
An employer may file a civil action to recover transportation costs from a guest worker who absconds from a contract.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2086 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2086
To amend the Immigration and Nationality Act to simplify and rename the
H-2C worker program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 19, 2021
Mr. Crawford (for himself, Mr. Carter of Georgia, and Mr. Kelly of
Mississippi) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on Energy
and Commerce, and Education and Labor, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to simplify and rename the
H-2C worker program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agricultural Guest Worker Reform
Initiative Act of 2021'' or as the ``AGRI Act of 2021''.
SEC. 2. IN GENERAL.
(a) Inclusion of Dairy or Ranch Workers.--Section 101(a)(15)(H) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) is
amended by inserting ``labor on a dairy or ranch and'' before
``agricultural labor defined in''.
(b) Elimination of 50 Percent Rule.--Section 218(c)(3) of such Act
(8 U.S.C. 1188(c)(3)) is amended--
(1) in subparagraph (A), by striking ``(A)''; and
(2) by striking subparagraph (B).
(c) Wage Rate.--Section 218(a)(1)(B) of such Act (8 U.S.C.
1188(a)(1)(B)) is amended by striking the period at the end and
inserting ``, except that no employer shall be required to pay a wage
rate greater than the greatest of the Federal, State, and local minimum
wage rates.''.
(d) Legal Assistance From the Legal Services Corporation; Expedited
Procedures for Replacement of an Absconded Worker.--Section 218(h) of
such Act (8 U.S.C. 1188(h)) is amended by adding at the end the
following:
``(3)(A) The Legal Services Corporation may not provide legal
assistance for, or on behalf of, any alien, and may not provide
financial assistance to any person or entity that provides legal
assistance for, or on behalf of, any alien, unless--
``(i) the alien is present in the United States at the time
the legal assistance is provided; and
``(ii) the parties to the dispute have attempted, in good
faith, mediation or other non-binding dispute resolution of all
issues involving all such parties.
``(B) If an employer and a nonimmigrant having status under section
101(a)(15)(H)(ii)(a) have an arbitration arrangement, the Legal
Services Corporation shall respect the arbitration process and outcome.
``(C) No employer of a nonimmigrant having status under section
101(a)(15)(H)(ii)(a) shall be required to permit any recipient of a
grant or contract under section 1007 of the Legal Services Corporation
Act (42 U.S.C. 2996f), or any employee of such a recipient, to enter
upon the employer's property, unless such recipient or employee has a
pre-arranged appointment with a specific nonimmigrant having such
status.
``(4) If any agricultural guest worker absconds from his or her
place of employment, the Secretary of Homeland Security, in
coordination with the Secretary of State, the Secretary of Agriculture,
and the Secretary of Labor, shall establish expedited procedures for
permitting the employer to import a agricultural guest worker to
replace the absconded worker.''.
(e) Length of Stay.--Section 218 of such Act (8 U.S.C. 1188) is
amended by adding at the end the following:
``(j) Length of Stay.--An agricultural guest worker who enters the
United States may remain in the United States for a period of not more
than 11 months. The agricultural guest worker may not enter the United
States on an additional visa under section 101(a)(15)(H)(ii)(c) unless
the agricultural guest worker first returns to that worker's country of
origin for a period of not less than 1 month. An agricultural guest
worker may enter and remain in the United States for a total of not
more than 3 years.''.
(f) Housing.--Section 218(c)(4) of such Act (8 U.S.C. 1188(c)(4))
is amended to read as follows:
``(4) Housing.--Except for agricultural guest workers who
are reasonably able to return to their permanent residence
(either within or outside the United States) within the same
day, the employer will provide housing to agricultural guest
workers through one of the following means:
``(A) Employer-owned housing in accordance with
regulations promulgated by the Secretary of
Agriculture.
``(B) Rental or public accommodations or other
substantially similar class of habitation in accordance
with regulations promulgated by the Secretary of
Agriculture.
``(C) Except where the Governor of the State has
certified that there is inadequate housing available in
the area of intended employment for migrant farm
workers and agricultural guest workers seeking
temporary housing while employed in agricultural work,
the employer may furnish the worker with a housing
voucher in accordance with regulations, if--
``(i) the employer has verified that
housing is available for the period during
which the work is to be performed, within a
reasonable commuting distance of the place of
employment, for the amount of the voucher
provided, and that the voucher is useable for
that housing;
``(ii) upon the request of a worker seeking
assistance in locating housing for which the
voucher will be accepted, the employer makes a
good faith effort to assist the worker in
identifying, locating, and securing housing in
the area of intended employment; and
``(iii) payment for the housing is made
with a housing voucher that is only redeemable
by the housing owner or their agent.
An employer who provides housing through one of the foregoing
means shall not be deemed a housing provider under section 203
of the Migrant and Seasonal Agricultural Worker Protection Act
(29 U.S.C. 1823) by virtue of providing such housing.''.
(g) Absconding Aliens.--Section 218(f) of such Act (8 U.S.C.
1188(f)) is amended by adding at the end the following: ``If the alien
absconds, the employer shall not be liable for any violation of this
section. The employer may, in a civil action, recover any costs of
transportation paid to the alien and any fees paid pertaining to the
importing of the alien.''.
(h) Biometric Identification Card.--The Secretary of Homeland
Security shall provide each nonimmigrant agricultural worker with an
identification card that contains--
(1) an encrypted, machine-readable, electronic
identification strip that is unique to the alien to whom the
card is issued;
(2) biometric identifiers, including fingerprints and a
digital photograph; and
(3) physical security features designed to prevent
tampering, counterfeiting, or duplication of the card for
fraudulent purposes.
(i) Trust Fund.--
(1) Establishment.--The Secretary of Agriculture shall
establish by regulation a trust fund the purpose of which is to
provide, without further appropriation, funds for the
administration and the enforcement of the program under this
section, for the cost of the cards issued under subsection (k),
for a monetary incentive for nonimmigrant agricultural workers
to return to their country of origin upon expiration of their
visas under the program, and for payment with respect to
emergency medical services furnished to nonimmigrant
agricultural workers. The Secretary of Agriculture in
consultation with the Secretary of the Treasury shall
promulgate such other regulations as may be necessary to carry
out this subsection.
(2) Payment of fica and futa amounts into trust fund.--In
the case of employment of a nonimmigrant agricultural worker--
(A) the employer shall provide for payment into the
trust fund established under paragraph (1) of the sum
of--
(i) an amount equivalent to the amount of
excise taxes which the employer would pay under
chapter 21 of the Internal Revenue Code of 1986
with respect to such employment if it were
considered employment for the purpose of such
Act; and
(ii) an amount equivalent to (and in lieu
of) the amount of excise taxes which the
employer would otherwise pay under chapter 23
of such Code with respect to such employment;
and
(B) there shall be deducted from the wages of the
worker and paid into such trust fund an amount
equivalent to the amount of excise taxes that the
employee would pay under such chapter 21 with respect
to such employment if it were considered employment for
the purposes of such Act.
(3) Expenditures from trust fund.--
(A) Use of employer contributions for
administration.--Amounts described in paragraph (2)(A)
paid into the trust fund shall be used for the purpose
of administering and enforcing the program under this
section and for the cost of the cards issued under
subsection (k).
(B) Use of employee contributions for repayment of
employee contributions upon return to country of
origin.--Except as provided in subparagraph (C),
amounts described in paragraph (2)(B) paid into the
trust fund with respect to a nonimmigrant agricultural
worker shall, upon application by the worker at the
United States consulate nearest the worker's residence
in the country of origin, be paid to the worker if the
worker demonstrates the compliance of the worker with
the terms and conditions of the program.
(C) Use of employee contributions attributable to
hi taxes for emergency medical services for
nonimmigrant agricultural workers.--
(i) In general.--Amounts described in
paragraph (2)(B) paid into the trust fund which
relate to excise tax in section 3101(b) of the
Internal Revenue Code of 1986 shall be used to
provide payment with respect to emergency
medical services (as defined in clause (iii))
for nonimmigrant agricultural workers.
(ii) Administration.--The Secretary of
Agriculture shall establish rules, in
consultation with the Secretary of Health and
Human Services, with respect to the payments
under this subparagraph, including methods for
determining qualifications for payment and the
amount of payment to be made with respect to
emergency medical services.
(iii) Emergency medical services defined.--
In this subparagraph, the term ``emergency
medical services'' means those items and
services required to be provided under section
1867 of the Social Security Act (42 U.S.C.
1395dd) with respect to an individual who is a
nonimmigrant agricultural worker and does not
include items and services for which coverage
under workers' compensation is required under
subsection (f)(3) with respect to the worker.
(j) Semiannual Reports to Congress.--The Secretary of Agriculture
shall report to Congress semiannually regarding the program under this
section. Each such report shall include a statement of the number of
nonimmigrant visas issued under the program, an evaluation of the
effectiveness of the program, a description of any problems related to
the enforcement of the program, and any recommendations for legislation
relating to the program.
(k) Program Name and Administrator Changed.--Section 218 of the
Immigration and Nationality Act (8 U.S.C. 1188), as amended by this
Act, is further amended--
(1) by striking ``H-2A worker'' each place it appears and
inserting ``agricultural guest worker''; and
(2) by striking ``Secretary of Labor'' each place it
appears and inserting ``Secretary of Agriculture''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Immigration and Citizenship.
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