IIB 

117TH CONGRESS 

1ST SESSION H. R. 1603 

IN THE SENATE OF THE UNITED STATES 

MARCH 22, 2021 

Received; read twice and referred to the Committee on the Judiciary 

AN ACT 

To amend the Immigration and Nationality Act to provide 

for terms and conditions for nonimmigrant workers performing agricultural labor or services, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


pamtmann on DSKBC07HB2PROD with BILLS
2 

HR 1603 RFS

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Farm Workforce Modernization Act of 2021’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—SECURING THE DOMESTIC AGRICULTURAL WORKFORCE 

Subtitle A—Temporary Status for Certified Agricultural Workers 

Sec. 101. Certified agricultural worker status. 

Sec. 102. Terms and conditions of certified status. 

Sec. 103. Extensions of certified status. 

Sec. 104. Determination of continuous presence. 

Sec. 105. Employer obligations. 

Sec. 106. Administrative and judicial review. 

Subtitle B—Optional Earned Residence for Long-Term Workers 

Sec. 111. Optional adjustment of status for long-term agricultural workers. 

Sec. 112. Payment of taxes. 

Sec. 113. Adjudication and decision; review. 

Subtitle C—General Provisions 

Sec. 121. Definitions. 

Sec. 122. Rulemaking; Fees. 

Sec. 123. Background checks. 

Sec. 124. Protection for children. 

Sec. 125. Limitation on removal. 

Sec. 126. Documentation of agricultural work history. 

Sec. 127. Employer protections. 

Sec. 128. Correction of social security records; conforming amendments. 

Sec. 129. Disclosures and privacy. 

Sec. 130. Penalties for false statements in applications. 

Sec. 131. Dissemination of information. 

Sec. 132. Exemption from numerical limitations. 

Sec. 133. Reports to Congress. 

Sec. 134. Grant program to assist eligible applicants. 

Sec. 135. Authorization of appropriations. 

TITLE II—ENSURING AN AGRICULTURAL WORKFORCE FOR THE 

FUTURE 

Subtitle A—Reforming the H–2A Temporary Worker Program 

Sec. 201. Comprehensive and streamlined electronic H–2A platform. 

Sec. 202. H–2A program requirements. 

Sec. 203. Agency roles and responsibilities. 

Sec. 204. Worker protection and compliance. 

Sec. 205. Report on wage protections. 


pamtmann on DSKBC07HB2PROD with BILLS
3 

HR 1603 RFS

Sec. 206. Portable H–2A visa pilot program. 

Sec. 207. Improving access to permanent residence. 

Subtitle B—Preservation and Construction of Farmworker Housing 

Sec. 220. Short title. 

Sec. 221. Permanent establishment of housing preservation and revitalization 

program. 

Sec. 222. Eligibility for rural housing vouchers. 

Sec. 223. Amount of voucher assistance. 

Sec. 224. Rental assistance contract authority. 

Sec. 225. Funding for multifamily technical improvements. 

Sec. 226. Plan for preserving affordability of rental projects. 

Sec. 227. Covered housing programs. 

Sec. 228. New farmworker housing. 

Sec. 229. Loan and grant limitations. 

Sec. 230. Operating assistance subsidies. 

Sec. 231. Eligibility of certified workers. 

Subtitle C—Foreign Labor Recruiter Accountability 

Sec. 251. Registration of foreign labor recruiters. 

Sec. 252. Enforcement. 

Sec. 253. Appropriations. 

Sec. 254. Definitions. 

TITLE III—ELECTRONIC VERIFICATION OF EMPLOYMENT 

ELIGIBILITY 

Sec. 301. Electronic employment eligibility verification system. 

Sec. 302. Mandatory electronic verification for the agricultural industry. 

Sec. 303. Coordination with E–Verify Program. 

Sec. 304. Fraud and misuse of documents. 

Sec. 305. Technical and conforming amendments. 

Sec. 306. Protection of Social Security Administration programs. 

Sec. 307. Report on the implementation of the electronic employment 

verification system. 

Sec. 308. Modernizing and streamlining the employment eligibility verification 

process. 

Sec. 309. Rulemaking and Paperwork Reduction Act. 


pamtmann on DSKBC07HB2PROD with BILLS
4 

HR 1603 RFS

1 TITLE I—SECURING THE DOMES2 TIC AGRICULTURAL WORK3 FORCE 

4 Subtitle A—Temporary Status for 

5 Certified Agricultural Workers 

6 SEC. 101. CERTIFIED AGRICULTURAL WORKER STATUS. 

7 (a) REQUIREMENTS FOR CERTIFIED AGRICULTURAL

8 WORKER STATUS.— 

9 (1) PRINCIPAL ALIENS.—The Secretary may 

10 grant certified agricultural worker status to an alien 

11 who submits a completed application, including the 

12 required processing fees, before the end of the period 

13 set forth in subsection (c) and who— 

14 (A) performed agricultural labor or serv15 ices in the United States for at least 1,035 

16 hours (or 180 work days) during the 2-year pe17 riod preceding the date of the introduction of 

18 this Act; 

19 (B) on the date of the introduction of this 

20 Act— 

21 (i) is inadmissible or deportable from 

22 the United States; or 

23 (ii) is under a grant of deferred en24 forced departure or has temporary proVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
5 

HR 1603 RFS

1 tected status under section 244 of the Im2 migration and Nationality Act; 

3 (C) subject to section 104, has been con4 tinuously present in the United States since the 

5 date of the introduction of this Act and until 

6 the date on which the alien is granted certified 

7 agricultural worker status; and 

8 (D) is not otherwise ineligible for certified 

9 agricultural worker status as provided in sub10 section (b). 

11 (2) DEPENDENT SPOUSE AND CHILDREN.—The 

12 Secretary may grant certified agricultural dependent 

13 status to the spouse or child of an alien granted cer14 tified agricultural worker status under paragraph 

15 (1) if the spouse or child is not ineligible for cer16 tified agricultural dependent status as provided in 

17 subsection (b). 

18 (b) GROUNDS FOR INELIGIBILITY.— 

19 (1) GROUNDS OF INADMISSIBILITY.—Except as 

20 provided in paragraph (3), an alien is ineligible for 

21 certified agricultural worker or certified agricultural 

22 dependent status if the Secretary determines that 

23 the alien is inadmissible under section 212(a) of the 

24 Immigration and Nationality Act (8 U.S.C. 


pamtmann on DSKBC07HB2PROD with BILLS
6 

HR 1603 RFS

1 1182(a)), except that in determining inadmis2 sibility— 

3 (A) paragraphs (4), (5), (7), and (9)(B) of 

4 such section shall not apply; 

5 (B) subparagraphs (A), (C), (D), (F), and 

6 (G) of such section 212(a)(6) and paragraphs 

7 (9)(C) and (10)(B) of such section 212(a) shall 

8 not apply unless based on the act of unlawfully 

9 entering the United States after the date of in10 troduction of this Act; and 

11 (C) paragraphs (6)(B) and (9)(A) of such 

12 section 212(a) shall not apply unless the rel13 evant conduct began on or after the date of fil14 ing of the application for certified agricultural 

15 worker status. 

16 (2) ADDITIONAL CRIMINAL BARS.—Except as 

17 provided in paragraph (3), an alien is ineligible for 

18 certified agricultural worker or certified agricultural 

19 dependent status if the Secretary determines that, 

20 excluding any offense under State law for which an 

21 essential element is the alien’s immigration status 

22 and any minor traffic offense, the alien has been 

23 convicted of— 

24 (A) any felony offense; 


pamtmann on DSKBC07HB2PROD with BILLS
7 

HR 1603 RFS

1 (B) an aggravated felony (as defined in 

2 section 101(a)(43) of the Immigration and Na3 tionality Act (8 U.S.C. 1101(a)(43)) at the 

4 time of the conviction); 

5 (C) two misdemeanor offenses involving 

6 moral turpitude, as described in section 

7 212(a)(2)(A)(i)(I) of the Immigration and Na8 tionality Act (8 U.S.C. 1182(a)(2)(A)(i)(I)), 

9 unless an offense is waived by the Secretary 

10 under paragraph (3)(B); or 

11 (D) three or more misdemeanor offenses 

12 not occurring on the same date, and not arising 

13 out of the same act, omission, or scheme of 

14 misconduct. 

15 (3) WAIVERS FOR CERTAIN GROUNDS OF INAD16 MISSIBILITY.—For humanitarian purposes, family 

17 unity, or if otherwise in the public interest, the Sec18 retary may waive the grounds of inadmissibility 

19 under— 

20 (A) paragraph (1), (6)(E), or (10)(D) of 

21 section 212(a) of the Immigration and Nation22 ality Act (8 U.S.C. 1182(a)); or 

23 (B) subparagraphs (A) and (D) of section 

24 212(a)(2) of the Immigration and Nationality 

25 Act (8 U.S.C. 1182(a)(2)), unless inadmisVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
8 

HR 1603 RFS

1 sibility is based on a conviction that would oth2 erwise render the alien ineligible under subpara3 graph (A), (B), or (D) of paragraph (2). 

4 (c) APPLICATION.— 

5 (1) APPLICATION PERIOD.—Except as provided 

6 in paragraph (2), the Secretary shall accept initial 

7 applications for certified agricultural worker status 

8 during the 18-month period beginning on the date 

9 on which the interim final rule is published in the 

10 Federal Register pursuant to section 122(a). 

11 (2) EXTENSION.—If the Secretary determines, 

12 during the initial period described in paragraph (1), 

13 that additional time is required to process initial ap14 plications for certified agricultural worker status or 

15 for other good cause, the Secretary may extend the 

16 period for accepting applications for up to an addi17 tional 12 months. 

18 (3) SUBMISSION OF APPLICATIONS.— 

19 (A) IN GENERAL.—An alien may file an 

20 application with the Secretary under this sec21 tion with the assistance of an attorney or a 

22 nonprofit religious, charitable, social service, or 

23 similar organization recognized by the Board of 

24 Immigration Appeals under section 292.2 of 

25 title 8, Code of Federal Regulations. The SecVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
9 

HR 1603 RFS

1 retary shall also create a procedure for accept2 ing applications filed by qualified designated en3 tities with the consent of the applicant. 

4 (B) FARM SERVICE AGENCY OFFICES.— 

5 The Secretary, in consultation with the Sec6 retary of Agriculture, shall establish a process 

7 for the filing of applications under this section 

8 at Farm Service Agency offices throughout the 

9 United States. 

10 (4) EVIDENCE OF APPLICATION FILING.—As 

11 soon as practicable after receiving an application for 

12 certified agricultural worker status, the Secretary 

13 shall provide the applicant with a document acknowl14 edging the receipt of such application. Such docu15 ment shall serve as interim proof of the alien’s au16 thorization to accept employment in the United 

17 States and shall be accepted by an employer as evi18 dence of employment authorization under section 

19 274A(b)(1)(C) of the Immigration and Nationality 

20 Act (8 U.S.C. 1324a(b)(1)(C)), if the employer is 

21 employing the holder of such document to perform 

22 agricultural labor or services, pending a final admin23 istrative decision on the application. 

24 (5) EFFECT OF PENDING APPLICATION.—Dur25 ing the period beginning on the date on which an 


pamtmann on DSKBC07HB2PROD with BILLS
10 

HR 1603 RFS

1 alien applies for certified agricultural worker status 

2 under this subtitle, and ending on the date on which 

3 the Secretary makes a final administrative decision 

4 regarding such application, the alien and any de5 pendents included in the application— 

6 (A) may apply for advance parole, which 

7 shall be granted upon demonstrating a legiti8 mate need to travel outside the United States 

9 for a temporary purpose; 

10 (B) may not be detained by the Secretary 

11 or removed from the United States unless the 

12 Secretary makes a prima facie determination 

13 that such alien is, or has become, ineligible for 

14 certified agricultural worker status; 

15 (C) may not be considered unlawfully 

16 present under section 212(a)(9)(B) of the Im17 migration and Nationality Act (8 U.S.C. 

18 1182(a)(9)(B)); and 

19 (D) may not be considered an unauthor20 ized alien (as defined in section 274A(h)(3) of 

21 the Immigration and Nationality Act (8 U.S.C. 

22 1324a(h)(3))). 

23 (6) WITHDRAWAL OF APPLICATION.—The Sec24 retary shall, upon receipt of a request from the ap25 plicant to withdraw an application for certified agriVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
11 

HR 1603 RFS

1 cultural worker status under this subtitle, cease 

2 processing of the application, and close the case. 

3 Withdrawal of the application shall not prejudice 

4 any future application filed by the applicant for any 

5 immigration benefit under this Act or under the Im6 migration and Nationality Act (8 U.S.C. 1101 et 

7 seq.). 

8 (d) ADJUDICATION AND DECISION.— 

9 (1) IN GENERAL.—Subject to section 123, the 

10 Secretary shall render a decision on an application 

11 for certified agricultural worker status not later than 

12 180 days after the date the application is filed. 

13 (2) NOTICE.—Prior to denying an application 

14 for certified agricultural worker status, the Sec15 retary shall provide the alien with— 

16 (A) written notice that describes the basis 

17 for ineligibility or the deficiencies in the evi18 dence submitted; and 

19 (B) at least 90 days to contest ineligibility 

20 or submit additional evidence. 

21 (3) AMENDED APPLICATION.—An alien whose 

22 application for certified agricultural worker status is 

23 denied under this section may submit an amended 

24 application for such status to the Secretary if the 

25 amended application is submitted within the applicaVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
12 

HR 1603 RFS

1 tion period described in subsection (c) and contains 

2 all the required information and fees that were miss3 ing from the initial application. 

4 (e) ALTERNATIVE H–2A STATUS.—An alien who has 

5 not met the required period of agricultural labor or serv6 ices under subsection (a)(1)(A), but is otherwise eligible 

7 for certified agricultural worker status under such sub8 section, shall be eligible for classification as a non9 immigrant described in section 101(a)(15)(H)(ii)(a) of the 

10 Immigration and Nationality Act (8 U.S.C. 

11 1101(a)(15)(H)(ii)(a)) upon approval of a petition sub12 mitted by a sponsoring employer, if the alien has per13 formed at least 575 hours (or 100 work days) of agricul14 tural labor or services during the 3-year period preceding 

15 the date of the introduction of this Act. The Secretary 

16 shall create a procedure to provide for such classification 

17 without requiring the alien to depart the United States 

18 and obtain a visa abroad. 

19 SEC. 102. TERMS AND CONDITIONS OF CERTIFIED STATUS. 

20 (a) IN GENERAL.— 

21 (1) APPROVAL.—Upon approval of an applica22 tion for certified agricultural worker status, or an 

23 extension of such status pursuant to section 103, the 

24 Secretary shall issue— 


pamtmann on DSKBC07HB2PROD with BILLS
13 

HR 1603 RFS

1 (A) documentary evidence of such status to 

2 the applicant; and 

3 (B) documentary evidence of certified agri4 cultural dependent status to any qualified de5 pendent included on such application. 

6 (2) DOCUMENTARY EVIDENCE.—In addition to 

7 any other features and information as the Secretary 

8 may prescribe, the documentary evidence described 

9 in paragraph (1)— 

10 (A) shall be machine-readable and tamper11 resistant; 

12 (B) shall contain a digitized photograph; 

13 (C) shall serve as a valid travel and entry 

14 document for purposes of applying for admis15 sion to the United States; and 

16 (D) shall be accepted during the period of 

17 its validity by an employer as evidence of em18 ployment authorization and identity under sec19 tion 274A(b)(1)(B) of the Immigration and Na20 tionality Act (8 U.S.C. 1324a(b)(1)(B)). 

21 (3) VALIDITY PERIOD.—Certified agricultural 

22 worker and certified agricultural dependent status 

shall be valid for 51 23 ⁄2 years beginning on the date of 

24 approval. 


pamtmann on DSKBC07HB2PROD with BILLS
14 

HR 1603 RFS

1 (4) TRAVEL AUTHORIZATION.—An alien with 

2 certified agricultural worker or certified agricultural 

3 dependent status may— 

4 (A) travel within and outside of the United 

5 States, including commuting to the United 

6 States from a residence in a foreign country; 

7 and 

8 (B) be admitted to the United States upon 

9 return from travel abroad without first obtain10 ing a visa if the alien is in possession of— 

11 (i) valid, unexpired documentary evi12 dence of certified agricultural worker or 

13 certified agricultural worker dependent sta14 tus as described in subsection (a); or 

15 (ii) a travel document that has been 

16 approved by the Secretary and was issued 

17 to the alien after the alien’s original docu18 mentary evidence was lost, stolen, or de19 stroyed. 

20 (b) ABILITY TO CHANGE STATUS.— 

21 (1) CHANGE TO CERTIFIED AGRICULTURAL

22 WORKER STATUS.—Notwithstanding section 101(a), 

23 an alien with valid certified agricultural dependent 

24 status may apply to change to certified agricultural 

25 worker status, at any time, if the alien— 


pamtmann on DSKBC07HB2PROD with BILLS
15 

HR 1603 RFS

1 (A) submits a completed application, in2 cluding the required processing fees; and 

3 (B) is not ineligible for certified agricul4 tural worker status under section 101(b). 

5 (2) CLARIFICATION.—Nothing in this title pro6 hibits an alien granted certified agricultural worker 

7 or certified agricultural dependent status from 

8 changing status to any other nonimmigrant classi9 fication for which the alien may be eligible. 

10 (c) PROHIBITION ON PUBLIC BENEFITS, TAX BENE11 FITS, AND HEALTH CARE SUBSIDIES.—Aliens granted 

12 certified agricultural worker or certified agricultural de13 pendent status shall be considered lawfully present in the 

14 United States for all purposes for the duration of their 

15 status, except that such aliens— 

16 (1) shall be ineligible for Federal means-tested 

17 public benefits to the same extent as other individ18 uals who are not qualified aliens under section 431 

19 of the Personal Responsibility and Work Oppor20 tunity Reconciliation Act of 1996 (8 U.S.C. 1641); 

21 (2) are not entitled to the premium assistance 

22 tax credit authorized under section 36B of the Inter23 nal Revenue Code of 1986 (26 U.S.C. 36B), and 

24 shall be subject to the rules applicable to individuals 


pamtmann on DSKBC07HB2PROD with BILLS
16 

HR 1603 RFS

1 who are not lawfully present set forth in subsection 

2 (e) of such section; 

3 (3) shall be subject to the rules applicable to in4 dividuals who are not lawfully present set forth in 

5 section 1402(e) of the Patient Protection and Af6 fordable Care Act (42 U.S.C. 18071(e)); and 

7 (4) shall be subject to the rules applicable to in8 dividuals not lawfully present set forth in section 

9 5000A(d)(3) of the Internal Revenue Code of 1986 

10 (26 U.S.C. 5000A(d)(3)). 

11 (d) REVOCATION OF STATUS.— 

12 (1) IN GENERAL.—The Secretary may revoke 

13 certified agricultural worker or certified agricultural 

14 dependent status if, after providing notice to the 

15 alien and the opportunity to provide evidence to con16 test the proposed revocation, the Secretary deter17 mines that the alien no longer meets the eligibility 

18 requirements for such status under section 101(b). 

19 (2) INVALIDATION OF DOCUMENTATION.—Upon 

20 the Secretary’s final determination to revoke an 

21 alien’s certified agricultural worker or certified agri22 cultural dependent status, any documentation issued 

23 by the Secretary to such alien under subsection (a) 

24 shall automatically be rendered invalid for any pur25 pose except for departure from the United States. 


pamtmann on DSKBC07HB2PROD with BILLS
17 

HR 1603 RFS

1 SEC. 103. EXTENSIONS OF CERTIFIED STATUS. 

2 (a) REQUIREMENTS FOR EXTENSIONS OF STATUS.— 

3 (1) PRINCIPAL ALIENS.—The Secretary may 

4 extend certified agricultural worker status for additional periods of 51 5 ⁄2 years to an alien who submits 

6 a completed application, including the required proc7 essing fees, within the 120-day period beginning 60 

8 days before the expiration of the fifth year of the 

9 immediately preceding grant of certified agricultural 

10 worker status, if the alien— 

11 (A) except as provided in section 126(c), 

12 has performed agricultural labor or services in 

13 the United States for at least 575 hours (or 

14 100 work days) for each of the prior 5 years in 

15 which the alien held certified agricultural work16 er status; and 

17 (B) has not become ineligible for certified 

18 agricultural worker status under section 101(b). 

19 (2) DEPENDENT SPOUSE AND CHILDREN.—The 

20 Secretary may grant or extend certified agricultural 

21 dependent status to the spouse or child of an alien 

22 granted an extension of certified agricultural worker 

23 status under paragraph (1) if the spouse or child is 

24 not ineligible for certified agricultural dependent sta25 tus under section 101(b). 


pamtmann on DSKBC07HB2PROD with BILLS
18 

HR 1603 RFS

1 (3) WAIVER FOR LATE FILINGS.—The Sec2 retary may waive an alien’s failure to timely file be3 fore the expiration of the 120-day period described 

4 in paragraph (1) if the alien demonstrates that the 

5 delay was due to extraordinary circumstances be6 yond the alien’s control or for other good cause. 

7 (b) STATUS FOR WORKERS WITH PENDING APPLICA8 TIONS.— 

9 (1) IN GENERAL.—Certified agricultural worker 

10 status of an alien who timely files an application to 

11 extend such status under subsection (a) (and the 

12 status of the alien’s dependents) shall be automati13 cally extended through the date on which the Sec14 retary makes a final administrative decision regard15 ing such application. 

16 (2) DOCUMENTATION OF EMPLOYMENT AU17 THORIZATION.—As soon as practicable after receipt 

18 of an application to extend certified agricultural 

19 worker status under subsection (a), the Secretary 

20 shall issue a document to the alien acknowledging 

21 the receipt of such application. An employer of the 

22 worker may not refuse to accept such document as 

23 evidence of employment authorization under section 

24 274A(b)(1)(C) of the Immigration and Nationality 


pamtmann on DSKBC07HB2PROD with BILLS
19 

HR 1603 RFS

1 Act (8 U.S.C. 1324a(b)(1)(C)), pending a final ad2 ministrative decision on the application. 

3 (c) NOTICE.—Prior to denying an application to ex4 tend certified agricultural worker status, the Secretary 

5 shall provide the alien with— 

6 (1) written notice that describes the basis for 

7 ineligibility or the deficiencies of the evidence sub8 mitted; and 

9 (2) at least 90 days to contest ineligibility or 

10 submit additional evidence. 

11 SEC. 104. DETERMINATION OF CONTINUOUS PRESENCE. 

12 (a) EFFECT OF NOTICE TO APPEAR.—The contin13 uous presence in the United States of an applicant for cer14 tified agricultural worker status under section 101 shall 

15 not terminate when the alien is served a notice to appear 

16 under section 239(a) of the Immigration and Nationality 

17 Act (8 U.S.C. 1229(a)). 

18 (b) TREATMENT OF CERTAIN BREAKS IN PRES19 ENCE.— 

20 (1) IN GENERAL.—Except as provided in para21 graphs (2) and (3), an alien shall be considered to 

22 have failed to maintain continuous presence in the 

23 United States under this subtitle if the alien de24 parted the United States for any period exceeding 


pamtmann on DSKBC07HB2PROD with BILLS
20 

HR 1603 RFS

1 90 days, or for any periods, in the aggregate, ex2 ceeding 180 days. 

3 (2) EXTENSIONS FOR EXTENUATING CIR4 CUMSTANCES.—The Secretary may extend the time 

5 periods described in paragraph (1) for an alien who 

6 demonstrates that the failure to timely return to the 

7 United States was due to extenuating circumstances 

8 beyond the alien’s control, including the serious ill9 ness of the alien, or death or serious illness of a 

10 spouse, parent, son or daughter, grandparent, or sib11 ling of the alien. 

12 (3) TRAVEL AUTHORIZED BY THE SEC13 RETARY.—Any period of travel outside of the United 

14 States by an alien that was authorized by the Sec15 retary shall not be counted toward any period of de16 parture from the United States under paragraph 

17 (1). 

18 SEC. 105. EMPLOYER OBLIGATIONS. 

19 (a) RECORD OF EMPLOYMENT.—An employer of an 

20 alien in certified agricultural worker status shall provide 

21 such alien with a written record of employment each year 

22 during which the alien provides agricultural labor or serv23 ices to such employer as a certified agricultural worker. 

24 (b) CIVIL PENALTIES.— 


pamtmann on DSKBC07HB2PROD with BILLS
21 

HR 1603 RFS

1 (1) IN GENERAL.—If the Secretary determines, 

2 after notice and an opportunity for a hearing, that 

3 an employer of an alien with certified agricultural 

4 worker status has knowingly failed to provide the 

5 record of employment required under subsection (a), 

6 or has provided a false statement of material fact in 

7 such a record, the employer shall be subject to a civil 

8 penalty in an amount not to exceed $500 per viola9 tion. 

10 (2) LIMITATION.—The penalty under paragraph 

11 (1) for failure to provide employment records shall 

12 not apply unless the alien has provided the employer 

13 with evidence of employment authorization described 

14 in section 102 or 103. 

15 (3) DEPOSIT OF CIVIL PENALTIES.—Civil pen16 alties collected under this paragraph shall be depos17 ited into the Immigration Examinations Fee Ac18 count under section 286(m) of the Immigration and 

19 Nationality Act (8 U.S.C. 1356(m)). 

20 SEC. 106. ADMINISTRATIVE AND JUDICIAL REVIEW. 

21 (a) ADMINISTRATIVE REVIEW.—The Secretary shall 

22 establish a process by which an applicant may seek admin23 istrative review of a denial of an application for certified 

24 agricultural worker status under this subtitle, an applica25 tion to extend such status, or a revocation of such status. 


pamtmann on DSKBC07HB2PROD with BILLS
22 

HR 1603 RFS

1 (b) ADMISSIBILITY IN IMMIGRATION COURT.—Each 

2 record of an alien’s application for certified agricultural 

3 worker status under this subtitle, application to extend 

4 such status, revocation of such status, and each record 

5 created pursuant to the administrative review process 

6 under subsection (a) is admissible in immigration court, 

7 and shall be included in the administrative record. 

8 (c) JUDICIAL REVIEW.—Notwithstanding any other 

9 provision of law, judicial review of the Secretary’s decision 

10 to deny an application for certified agricultural worker 

11 status, an application to extend such status, or the deci12 sion to revoke such status, shall be limited to the review 

13 of an order of removal under section 242 of the Immigra14 tion and Nationality Act (8 U.S.C. 1252). 

15 Subtitle B—Optional Earned 

16 Residence for Long-Term Workers 

17 SEC. 111. OPTIONAL ADJUSTMENT OF STATUS FOR LONG18 TERM AGRICULTURAL WORKERS. 

19 (a) REQUIREMENTS FOR ADJUSTMENT OF STA20 TUS.— 

21 (1) PRINCIPAL ALIENS.—The Secretary may 

22 adjust the status of an alien from that of a certified 

23 agricultural worker to that of a lawful permanent 

24 resident if the alien submits a completed application, 


pamtmann on DSKBC07HB2PROD with BILLS
23 

HR 1603 RFS

1 including the required processing and penalty fees, 

2 and the Secretary determines that— 

3 (A) except as provided in section 126(c), 

4 the alien performed agricultural labor or serv5 ices for not less than 575 hours (or 100 work 

6 days) each year— 

7 (i) for at least 10 years prior to the 

8 date of the enactment of this Act and for 

9 at least 4 years in certified agricultural 

10 worker status; or 

11 (ii) for fewer than 10 years prior to 

12 the date of the enactment of this Act and 

13 for at least 8 years in certified agricultural 

14 worker status; and 

15 (B) the alien has not become ineligible for 

16 certified agricultural worker status under sec17 tion 101(b). 

18 (2) DEPENDENT ALIENS.— 

19 (A) IN GENERAL.—The spouse and each 

20 child of an alien described in paragraph (1) 

21 whose status has been adjusted to that of a 

22 lawful permanent resident may be granted law23 ful permanent residence under this subtitle if— 

24 (i) the qualifying relationship to the 

25 principal alien existed on the date on which 


pamtmann on DSKBC07HB2PROD with BILLS
24 

HR 1603 RFS

1 such alien was granted adjustment of sta2 tus under this subtitle; and 

3 (ii) the spouse or child is not ineligible 

4 for certified agricultural worker dependent 

5 status under section 101(b). 

6 (B) PROTECTIONS FOR SPOUSES AND

7 CHILDREN.—The Secretary of Homeland Secu8 rity shall establish procedures to allow the 

9 spouse or child of a certified agricultural work10 er to self-petition for lawful permanent resi11 dence under this subtitle in cases involving— 

12 (i) the death of the certified agricul13 tural worker, so long as the spouse or child 

14 submits a petition not later than 2 years 

15 after the date of the worker’s death; or 

16 (ii) the spouse or a child being bat17 tered or subjected to extreme cruelty by 

18 the certified agricultural worker. 

19 (3) DOCUMENTATION OF WORK HISTORY.—An 

20 applicant for adjustment of status under this section 

21 shall not be required to resubmit evidence of work 

22 history that has been previously submitted to the 

23 Secretary in connection with an approved extension 

24 of certified agricultural worker status. 


pamtmann on DSKBC07HB2PROD with BILLS
25 

HR 1603 RFS

1 (b) PENALTY FEE.—In addition to any processing 

2 fee that the Secretary may assess in accordance with sec3 tion 122(b), a principal alien seeking adjustment of status 

4 under this subtitle shall pay a $1,000 penalty fee, which 

5 shall be deposited into the Immigration Examinations Fee 

6 Account pursuant to section 286(m) of the Immigration 

7 and Nationality Act (8 U.S.C. 1356(m)). 

8 (c) EFFECT OF PENDING APPLICATION.—During the 

9 period beginning on the date on which an alien applies 

10 for adjustment of status under this subtitle, and ending 

11 on the date on which the Secretary makes a final adminis12 trative decision regarding such application, the alien and 

13 any dependents included on the application— 

14 (1) may apply for advance parole, which shall 

15 be granted upon demonstrating a legitimate need to 

16 travel outside the United States for a temporary 

17 purpose; 

18 (2) may not be detained by the Secretary or re19 moved from the United States unless the Secretary 

20 makes a prima facie determination that such alien 

21 is, or has become, ineligible for adjustment of status 

22 under subsection (a); 

23 (3) may not be considered unlawfully present 

24 under section 212(a)(9)(B) of the Immigration and 

25 Nationality Act (8 U.S.C. 1182(a)(9)(B)); and 


pamtmann on DSKBC07HB2PROD with BILLS
26 

HR 1603 RFS

1 (4) may not be considered an unauthorized 

2 alien (as defined in section 274A(h)(3) of the Immi3 gration and Nationality Act (8 U.S.C. 

4 1324a(h)(3))). 

5 (d) EVIDENCE OF APPLICATION FILING.—As soon as 

6 practicable after receiving an application for adjustment 

7 of status under this subtitle, the Secretary shall provide 

8 the applicant with a document acknowledging the receipt 

9 of such application. Such document shall serve as interim 

10 proof of the alien’s authorization to accept employment 

11 in the United States and shall be accepted by an employer 

12 as evidence of employment authorization under section 

13 274A(b)(1)(C) of the Immigration and Nationality Act (8 

14 U.S.C. 1324a(b)(1)(C)), pending a final administrative 

15 decision on the application. 

16 (e) WITHDRAWAL OF APPLICATION.—The Secretary 

17 shall, upon receipt of a request to withdraw an application 

18 for adjustment of status under this subtitle, cease proc19 essing of the application, and close the case. Withdrawal 

20 of the application shall not prejudice any future applica21 tion filed by the applicant for any immigration benefit 

22 under this Act or under the Immigration and Nationality 

23 Act (8 U.S.C. 1101 et seq.). 


pamtmann on DSKBC07HB2PROD with BILLS
27 

HR 1603 RFS

1 SEC. 112. PAYMENT OF TAXES. 

2 (a) IN GENERAL.—An alien may not be granted ad3 justment of status under this subtitle unless the applicant 

4 has satisfied any applicable Federal tax liability. 

5 (b) COMPLIANCE.—An alien may demonstrate com6 pliance with subsection (a) by submitting such documenta7 tion as the Secretary, in consultation with the Secretary 

8 of the Treasury, may require by regulation. 

9 SEC. 113. ADJUDICATION AND DECISION; REVIEW. 

10 (a) IN GENERAL.—Subject to the requirements of 

11 section 123, the Secretary shall render a decision on an 

12 application for adjustment of status under this subtitle not 

13 later than 180 days after the date on which the application 

14 is filed. 

15 (b) NOTICE.—Prior to denying an application for ad16 justment of status under this subtitle, the Secretary shall 

17 provide the alien with— 

18 (1) written notice that describes the basis for 

19 ineligibility or the deficiencies of the evidence sub20 mitted; and 

21 (2) at least 90 days to contest ineligibility or 

22 submit additional evidence. 

23 (c) ADMINISTRATIVE REVIEW.—The Secretary shall 

24 establish a process by which an applicant may seek admin25 istrative review of a denial of an application for adjust26 ment of status under this subtitle. 


pamtmann on DSKBC07HB2PROD with BILLS
28 

HR 1603 RFS

1 (d) JUDICIAL REVIEW.—Notwithstanding any other 

2 provision of law, an alien may seek judicial review of a 

3 denial of an application for adjustment of status under 

4 this title in an appropriate United States district court. 

5 Subtitle C—General Provisions 

6 SEC. 121. DEFINITIONS. 

7 In this title: 

8 (1) IN GENERAL.—Except as otherwise pro9 vided, any term used in this title that is used in the 

10 immigration laws shall have the meaning given such 

11 term in the immigration laws (as such term is de12 fined in section 101 of the Immigration and Nation13 ality Act (8 U.S.C. 1101)). 

14 (2) AGRICULTURAL LABOR OR SERVICES.—The 

15 term ‘‘agricultural labor or services’’ means— 

16 (A) agricultural labor or services as such 

17 term is used in section 101(a)(15)(H)(ii) of the 

18 Immigration and Nationality Act (8 U.S.C. 

19 1101(a)(15)(H)(ii)), without regard to whether 

20 the labor or services are of a seasonal or tem21 porary nature; and 

22 (B) agricultural employment as such term 

23 is defined in section 3 of the Migrant and Sea24 sonal Agricultural Worker Protection Act (29 

25 U.S.C. 1802), without regard to whether the 


pamtmann on DSKBC07HB2PROD with BILLS
29 

HR 1603 RFS

1 specific service or activity is temporary or sea2 sonal. 

3 (3) APPLICABLE FEDERAL TAX LIABILITY.— 

4 The term ‘‘applicable Federal tax liability’’ means all 

5 Federal income taxes assessed in accordance with 

6 section 6203 of the Internal Revenue Code of 1986 

7 beginning on the date on which the applicant was 

8 authorized to work in the United States as a cer9 tified agricultural worker. 

10 (4) APPROPRIATE UNITED STATES DISTRICT

11 COURT.—The term ‘‘appropriate United States dis12 trict court’’ means the United States District Court 

13 for the District of Columbia or the United States 

14 district court with jurisdiction over the alien’s prin15 cipal place of residence. 

16 (5) CHILD.—The term ‘‘child’’ has the meaning 

17 given such term in section 101(b)(1) of the Immi18 gration and Nationality Act (8 U.S.C. 1101(b)(1)). 

19 (6) CONVICTED OR CONVICTION.—The term 

20 ‘‘convicted’’ or ‘‘conviction’’ does not include a judg21 ment that has been expunged or set aside, that re22 sulted in a rehabilitative disposition, or the equiva23 lent. 

24 (7) EMPLOYER.—The term ‘‘employer’’ means 

25 any person or entity, including any labor contractor 


pamtmann on DSKBC07HB2PROD with BILLS
30 

HR 1603 RFS

1 or any agricultural association, that employs workers 

2 in agricultural labor or services. 

3 (8) QUALIFIED DESIGNATED ENTITY.—The 

4 term ‘‘qualified designated entity’’ means— 

5 (A) a qualified farm labor organization or 

6 an association of employers designated by the 

7 Secretary; or 

8 (B) any other entity that the Secretary 

9 designates as having substantial experience, 

10 demonstrated competence, and a history of 

11 long-term involvement in the preparation and 

12 submission of application for adjustment of sta13 tus under title II of the Immigration and Na14 tionality Act (8 U.S.C. 1151 et seq.). 

15 (9) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of Homeland Security. 

17 (10) WORK DAY.—The term ‘‘work day’’ means 

18 any day in which the individual is employed 5.75 or 

19 more hours in agricultural labor or services. 

20 SEC. 122. RULEMAKING; FEES. 

21 (a) RULEMAKING.—Not later than 180 days after the 

22 date of the enactment of this Act, the Secretary shall pub23 lish in the Federal Register, an interim final rule imple24 menting this title. Notwithstanding section 553 of title 5, 

25 United States Code, the rule shall be effective, on an inVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
31 

HR 1603 RFS

1 terim basis, immediately upon publication, but may be 

2 subject to change and revision after public notice and op3 portunity for comment. The Secretary shall finalize such 

4 rule not later than 1 year after the date of the enactment 

5 of this Act. 

6 (b) FEES.— 

7 (1) IN GENERAL.—The Secretary may require 

8 an alien applying for any benefit under this title to 

9 pay a reasonable fee that is commensurate with the 

10 cost of processing the application. 

11 (2) FEE WAIVER; INSTALLMENTS.— 

12 (A) IN GENERAL.—The Secretary shall es13 tablish procedures to allow an alien to— 

14 (i) request a waiver of any fee that 

15 the Secretary may assess under this title if 

16 the alien demonstrates to the satisfaction 

17 of the Secretary that the alien is unable to 

18 pay the prescribed fee; or 

19 (ii) pay any fee or penalty that the 

20 Secretary may assess under this title in in21 stallments. 

22 (B) CLARIFICATION.—Nothing in this sec23 tion shall be read to prohibit an employer from 

24 paying any fee or penalty that the Secretary 


pamtmann on DSKBC07HB2PROD with BILLS
32 

HR 1603 RFS

1 may assess under this title on behalf of an alien 

2 and the alien’s spouse or children. 

3 SEC. 123. BACKGROUND CHECKS. 

4 (a) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC

5 DATA.—The Secretary may not grant or extend certified 

6 agricultural worker or certified agricultural dependent sta7 tus under subtitle A, or grant adjustment of status to that 

8 of a lawful permanent resident under subtitle B, unless 

9 the alien submits biometric and biographic data, in accord10 ance with procedures established by the Secretary. The 

11 Secretary shall provide an alternative procedure for aliens 

12 who cannot provide all required biometric or biographic 

13 data because of a physical impairment. 

14 (b) BACKGROUND CHECKS.—The Secretary shall use 

15 biometric, biographic, and other data that the Secretary 

16 determines appropriate to conduct security and law en17 forcement background checks and to determine whether 

18 there is any criminal, national security, or other factor 

19 that would render the alien ineligible for status under this 

20 title. An alien may not be granted any such status under 

21 this title unless security and law enforcement background 

22 checks are completed to the satisfaction of the Secretary. 

23 SEC. 124. PROTECTION FOR CHILDREN. 

24 (a) IN GENERAL.—Except as provided in subsection 

25 (b), for purposes of eligibility for certified agricultural deVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
33 

HR 1603 RFS

1 pendent status or lawful permanent resident status under 

2 this title, a determination of whether an alien is a child 

3 shall be made using the age of the alien on the date on 

4 which the initial application for certified agricultural 

5 worker status is filed with the Secretary of Homeland Se6 curity. 

7 (b) LIMITATION.—Subsection (a) shall apply for no 

8 more than 10 years after the date on which the initial 

9 application for certified agricultural worker status is filed 

10 with the Secretary of Homeland Security. 

11 SEC. 125. LIMITATION ON REMOVAL. 

12 (a) IN GENERAL.—An alien who appears to be prima 

13 facie eligible for status under this title shall be given a 

14 reasonable opportunity to apply for such status. Such an 

15 alien may not be placed in removal proceedings or removed 

16 from the United States until a final administrative deci17 sion establishing ineligibility for such status is rendered. 

18 (b) ALIENS IN REMOVAL PROCEEDINGS.—Notwith19 standing any other provision of the law, the Attorney Gen20 eral shall (upon motion by the Secretary with the consent 

21 of the alien, or motion by the alien) terminate removal 

22 proceedings, without prejudice, against an alien who ap23 pears to be prima facie eligible for status under this title, 

24 and provide such alien a reasonable opportunity to apply 

25 for such status. 


pamtmann on DSKBC07HB2PROD with BILLS
34 

HR 1603 RFS

1 (c) EFFECT OF FINAL ORDER.—An alien present in 

2 the United States who has been ordered removed or has 

3 been permitted to depart voluntarily from the United 

4 States may, notwithstanding such order or permission to 

5 depart, apply for status under this title. Such alien shall 

6 not be required to file a separate motion to reopen, recon7 sider, or vacate the order of removal. If the Secretary ap8 proves the application, the Secretary shall notify the At9 torney General of such approval, and the Attorney General 

10 shall cancel the order of removal. If the Secretary renders 

11 a final administrative decision to deny the application, the 

12 order of removal or permission to depart shall be effective 

13 and enforceable to the same extent as if the application 

14 had not been made, only after all available administrative 

15 and judicial remedies have been exhausted. 

16 (d) EFFECT OF DEPARTURE.—Section 101(g) of the 

17 Immigration and Nationality Act (8 U.S.C. 1101(g)) shall 

18 not apply to an alien who departs the United States— 

19 (1) with advance permission to return to the 

20 United States granted by the Secretary under this 

21 title; or 

22 (2) after having been granted certified agricul23 tural worker status or lawful permanent resident 

24 status under this title. 


pamtmann on DSKBC07HB2PROD with BILLS
35 

HR 1603 RFS

1 SEC. 126. DOCUMENTATION OF AGRICULTURAL WORK HIS2 TORY. 

3 (a) BURDEN OF PROOF.—An alien applying for cer4 tified agricultural worker status under subtitle A or ad5 justment of status under subtitle B has the burden of 

6 proving by a preponderance of the evidence that the alien 

7 has worked the requisite number of hours or days required 

8 under section 101, 103, or 111, as applicable. The Sec9 retary shall establish special procedures to properly credit 

10 work in cases in which an alien was employed under an 

11 assumed name. 

12 (b) EVIDENCE.—An alien may meet the burden of 

13 proof under subsection (a) by producing sufficient evi14 dence to show the extent of such employment as a matter 

15 of just and reasonable inference. Such evidence may in16 clude— 

17 (1) an annual record of certified agricultural 

18 worker employment as described in section 105(a), 

19 or other employment records from employers; 

20 (2) employment records maintained by collective 

21 bargaining associations; 

22 (3) tax records or other government records; 

23 (4) sworn affidavits from individuals who have 

24 direct knowledge of the alien’s work history; or 

25 (5) any other documentation designated by the 

26 Secretary for such purpose. 


pamtmann on DSKBC07HB2PROD with BILLS
36 

HR 1603 RFS

1 (c) EXCEPTIONS FOR EXTRAORDINARY CIR2 CUMSTANCES.— 

3 (1) IMPACT OF COVID–19.— 

4 (A) IN GENERAL.—The Secretary may 

5 grant certified agricultural worker status to an 

6 alien who is otherwise eligible for such status if 

7 such alien is able to only partially satisfy the 

8 requirement under section 101(a)(1)(A) as a re9 sult of reduced hours of employment or other 

10 restrictions associated with the public health 

11 emergency declared by the Secretary of Health 

12 and Human Services under section 319 of the 

13 Public Health Service Act (42 U.S.C. 247d) 

14 with respect to COVID–19. 

15 (B) LIMITATION.—The exception described 

16 in subparagraph (A) shall apply only to agricul17 tural labor or services required to be performed 

18 during the period that— 

19 (i) begins on the first day of the pub20 lic health emergency described in subpara21 graph (A); and 

22 (ii) ends 90 days after the date on 

23 which such public health emergency termi24 nates. 


pamtmann on DSKBC07HB2PROD with BILLS
37 

HR 1603 RFS

1 (2) EXTRAORDINARY CIRCUMSTANCES.—In de2 termining whether an alien has met the requirement 

3 under section 103(a)(1)(A) or 111(a)(1)(A), the Sec4 retary may credit the alien with not more than 575 

5 hours (or 100 work days) of agricultural labor or 

6 services in the United States if the alien was unable 

7 to perform the required agricultural labor or services 

8 due to— 

9 (A) pregnancy, parental leave, illness, dis10 ease, disabling injury, or physical limitation of 

11 the alien; 

12 (B) injury, illness, disease, or other special 

13 needs of the alien’s child or spouse; 

14 (C) severe weather conditions that pre15 vented the alien from engaging in agricultural 

16 labor or services; 

17 (D) reduced hours of employment or other 

18 restrictions associated with the public health 

19 emergency declared by the Secretary of Health 

20 and Human Services under section 319 of the 

21 Public Health Service Act (42 U.S.C. 247d) 

22 with respect to COVID–19; or 

23 (E) termination from agricultural employ24 ment, if the Secretary determines that— 


pamtmann on DSKBC07HB2PROD with BILLS
38 

HR 1603 RFS

1 (i) the termination was without just 

2 cause; and 

3 (ii) the alien was unable to find alter4 native agricultural employment after a rea5 sonable job search. 

6 (3) EFFECT OF DETERMINATION.—A deter7 mination under paragraph (1)(E) shall not be con8 clusive, binding, or admissible in a separate or sub9 sequent judicial or administrative action or pro10 ceeding between the alien and a current or prior em11 ployer of the alien or any other party. 

12 (4) HARDSHIP WAIVER.— 

13 (A) IN GENERAL.—As part of the rule14 making described in section 122(a), the Sec15 retary shall establish procedures allowing for a 

16 partial waiver of the requirement under section 

17 111(a)(1)(A) for a certified agricultural worker 

18 if such worker— 

19 (i) has continuously maintained cer20 tified agricultural worker status since the 

21 date such status was initially granted; 

22 (ii) has partially completed the re23 quirement under section 111(a)(1)(A); and 


pamtmann on DSKBC07HB2PROD with BILLS
39 

HR 1603 RFS

1 (iii) is no longer able to engage in ag2 ricultural labor or services safely and effec3 tively because of— 

4 (I) a permanent disability suf5 fered while engaging in agricultural 

6 labor or services; or 

7 (II) deteriorating health or phys8 ical ability combined with advanced 

9 age. 

10 (B) DISABILITY.—In establishing the pro11 cedures described in subparagraph (A), the Sec12 retary shall consult with the Secretary of 

13 Health and Human Services and the Commis14 sioner of Social Security to define ‘‘permanent 

15 disability’’ for purposes of a waiver under sub16 paragraph (A)(iii)(I). 

17 SEC. 127. EMPLOYER PROTECTIONS. 

18 (a) CONTINUING EMPLOYMENT.—An employer that 

19 continues to employ an alien knowing that the alien in20 tends to apply for certified agricultural worker status 

21 under subtitle A shall not violate section 274A(a)(2) of 

22 the Immigration and Nationality Act (8 U.S.C. 

23 1324a(a)(2)) by continuing to employ the alien for the du24 ration of the application period under section 101(c), and 

25 with respect to an alien who applies for certified agriculVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
40 

HR 1603 RFS

1 tural status, for the duration of the period during which 

2 the alien’s application is pending final determination. 

3 (b) USE OF EMPLOYMENT RECORDS.—Copies of em4 ployment records or other evidence of employment pro5 vided by an alien or by an alien’s employer in support of 

6 an alien’s application for certified agricultural worker or 

7 adjustment of status under this title may not be used in 

8 a civil or criminal prosecution or investigation of that em9 ployer under section 274A of the Immigration and Nation10 ality Act (8 U.S.C. 1324a) or the Internal Revenue Code 

11 of 1986 for the prior unlawful employment of that alien 

12 regardless of the outcome of such application. 

13 (c) ADDITIONAL PROTECTIONS.—Employers that 

14 provide unauthorized aliens with copies of employment 

15 records or other evidence of employment in support of an 

16 application for certified agricultural worker status or ad17 justment of status under this title shall not be subject to 

18 civil and criminal liability pursuant to such section 274A 

19 for employing such unauthorized aliens. Records or other 

20 evidence of employment provided by employers in response 

21 to a request for such records for the purpose of estab22 lishing eligibility for status under this title may not be 

23 used for any purpose other than establishing such eligi24 bility. 


pamtmann on DSKBC07HB2PROD with BILLS
41 

HR 1603 RFS

1 (d) LIMITATION ON PROTECTION.—The protections 

2 for employers under this section shall not apply if the em3 ployer provides employment records to the alien that are 

4 determined to be fraudulent. 

5 SEC. 128. CORRECTION OF SOCIAL SECURITY RECORDS; 

6 CONFORMING AMENDMENTS. 

7 (a) IN GENERAL.—Section 208(e)(1) of the Social 

8 Security Act (42 U.S.C. 408(e)(1)) is amended— 

9 (1) in subparagraph (B)(ii), by striking ‘‘or’’ at 

10 the end; 

11 (2) in subparagraph (C), by inserting ‘‘or’’ at 

12 the end; 

13 (3) by inserting after subparagraph (C) the fol14 lowing: 

15 ‘‘(D) who is granted certified agricultural work16 er status, certified agricultural dependent status, or 

17 lawful permanent resident status under title I of the 

18 Farm Work Modernization Act of 2021,’’; and 

19 (4) in the undesignated matter following sub20 paragraph (D), as added by paragraph (3), by strik21 ing ‘‘1990.’’ and inserting ‘‘1990, or in the case of 

22 an alien described in subparagraph (D), if such con23 duct is alleged to have occurred before the date on 

24 which the alien was granted status under title I of 

25 the Farm Work Modernization Act of 2021.’’. 


pamtmann on DSKBC07HB2PROD with BILLS
42 

HR 1603 RFS

1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall take effect on the first day of the sev3 enth month that begins after the date of the enactment 

4 of this Act. 

5 (c) CONFORMING AMENDMENTS.— 

6 (1) SOCIAL SECURITY ACT.—Section 210(a)(1) 

7 of the Social Security Act (42 U.S.C. 410(a)(1)) is 

8 amended by inserting before the semicolon the fol9 lowing: ‘‘(other than aliens granted certified agricul10 tural worker status or certified agricultural depend11 ent status under title I of the Farm Work Mod12 ernization Act of 2021’’. 

13 (2) INTERNAL REVENUE CODE OF 1986.—Sec14 tion 3121(b)(1) of the Internal Revenue Code of 

15 1986 is amended by inserting before the semicolon 

16 the following: ‘‘(other than aliens granted certified 

17 agricultural worker status or certified agricultural 

18 dependent status under title I of the Farm Work 

19 Modernization Act of 2021’’. 

20 (3) EFFECTIVE DATE.—The amendments made 

21 by this subsection shall apply with respect to service 

22 performed after the date of the enactment of this 

23 Act. 

24 (d) AUTOMATED SYSTEM TO ASSIGN SOCIAL SECU25 RITY ACCOUNT NUMBERS.—Section 205(c)(2)(B) of the 


pamtmann on DSKBC07HB2PROD with BILLS
43 

HR 1603 RFS

1 Social Security Act (42 U.S.C. 405(c)(2)(B)) is amended 

2 by adding at the end the following: 

3 ‘‘(iv) The Commissioner of Social Se4 curity shall, to the extent practicable, co5 ordinate with the Secretary of the Depart6 ment of Homeland Security to implement 

7 an automated system for the Commissioner 

8 to assign social security account numbers 

9 to aliens granted certified agricultural 

10 worker status or certified agricultural de11 pendent status under title I of the Farm 

12 Work Modernization Act of 2021. An alien 

13 who is granted such status, and who was 

14 not previously assigned a social security 

15 account number, shall request assignment 

16 of a social security account number and a 

17 social security card from the Commissioner 

18 through such system. The Secretary shall 

19 collect and provide to the Commissioner 

20 such information as the Commissioner 

21 deems necessary for the Commissioner to 

22 assign a social security account number, 

23 which information may be used by the 

24 Commissioner for any purpose for which 

25 the Commissioner is otherwise authorized 


pamtmann on DSKBC07HB2PROD with BILLS
44 

HR 1603 RFS

1 under Federal law. The Commissioner may 

2 maintain, use, and disclose such informa3 tion only as permitted by the Privacy Act 

4 and other Federal law.’’. 

5 SEC. 129. DISCLOSURES AND PRIVACY. 

6 (a) IN GENERAL.—The Secretary may not disclose 

7 or use information provided in an application for certified 

8 agricultural worker status or adjustment of status under 

9 this title (including information provided during adminis10 trative or judicial review) for the purpose of immigration 

11 enforcement. 

12 (b) REFERRALS PROHIBITED.—The Secretary, based 

13 solely on information provided in an application for cer14 tified agricultural worker status or adjustment of status 

15 under this title (including information provided during ad16 ministrative or judicial review), may not refer an applicant 

17 to U.S. Immigration and Customs Enforcement, U.S. Cus18 toms and Border Protection, or any designee of either 

19 such entity. 

20 (c) EXCEPTIONS.—Notwithstanding subsections (a) 

21 and (b), information provided in an application for cer22 tified agricultural worker status or adjustment of status 

23 under this title may be shared with Federal security and 

24 law enforcement agencies— 


pamtmann on DSKBC07HB2PROD with BILLS
45 

HR 1603 RFS

1 (1) for assistance in the consideration of an ap2 plication under this title; 

3 (2) to identify or prevent fraudulent claims or 

4 schemes; 

5 (3) for national security purposes; or 

6 (4) for the investigation or prosecution of any 

7 felony not related to immigration status. 

8 (d) PENALTY.—Any person who knowingly uses, pub9 lishes, or permits information to be examined in violation 

10 of this section shall be fined not more than $10,000. 

11 (e) PRIVACY.—The Secretary shall ensure that ap12 propriate administrative and physical safeguards are in 

13 place to protect the security, confidentiality, and integrity 

14 of personally identifiable information collected, main15 tained, and disseminated pursuant to this title. 

16 SEC. 130. PENALTIES FOR FALSE STATEMENTS IN APPLICA17 TIONS. 

18 (a) CRIMINAL PENALTY.—Any person who— 

19 (1) files an application for certified agricultural 

20 worker status or adjustment of status under this 

21 title and knowingly falsifies, conceals, or covers up 

22 a material fact or makes any false, fictitious, or 

23 fraudulent statements or representations, or makes 

24 or uses any false writing or document knowing the 


pamtmann on DSKBC07HB2PROD with BILLS
46 

HR 1603 RFS

1 same to contain any false, fictitious, or fraudulent 

2 statement or entry; or 

3 (2) creates or supplies a false writing or docu4 ment for use in making such an application, 

5 shall be fined in accordance with title 18, United States 

6 Code, imprisoned not more than 5 years, or both. 

7 (b) INADMISSIBILITY.—An alien who is convicted 

8 under subsection (a) shall be deemed inadmissible to the 

9 United States under section 212(a)(6)(C)(i) of the Immi10 gration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)). 

11 (c) DEPOSIT.—Fines collected under subsection (a) 

12 shall be deposited into the Immigration Examinations Fee 

13 Account pursuant to section 286(m) of the Immigration 

14 and Nationality Act (8 U.S.C. 1356(m)). 

15 SEC. 131. DISSEMINATION OF INFORMATION. 

16 (a) IN GENERAL.—Beginning not later than the first 

17 day of the application period described in section 101(c)— 

18 (1) the Secretary of Homeland Security, in co19 operation with qualified designated entities, shall 

20 broadly disseminate information described in sub21 section (b); and 

22 (2) the Secretary of Agriculture, in consultation 

23 with the Secretary of Homeland Security, shall dis24 seminate to agricultural employers a document conVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
47 

HR 1603 RFS

1 taining the information described in subsection (b) 

2 for posting at employer worksites. 

3 (b) INFORMATION DESCRIBED.—The information de4 scribed in this subsection shall include— 

5 (1) the benefits that aliens may receive under 

6 this title; and 

7 (2) the requirements that an alien must meet to 

8 receive such benefits. 

9 SEC. 132. EXEMPTION FROM NUMERICAL LIMITATIONS. 

10 The numerical limitations under title II of the Immi11 gration and Nationality Act (8 U.S.C. 1151 et seq.) shall 

12 not apply to the adjustment of aliens to lawful permanent 

13 resident status under this title, and such aliens shall not 

14 be counted toward any such numerical limitation. 

15 SEC. 133. REPORTS TO CONGRESS. 

16 Not later than 180 days after the publication of the 

17 final rule under section 122(a), and annually thereafter 

18 for the following 10 years, the Secretary shall submit a 

19 report to Congress that identifies, for the previous fiscal 

20 year— 

21 (1) the number of principal aliens who applied 

22 for certified agricultural worker status under subtitle 

23 A, and the number of dependent spouses and chil24 dren included in such applications; 


pamtmann on DSKBC07HB2PROD with BILLS
48 

HR 1603 RFS

1 (2) the number of principal aliens who were 

2 granted certified agricultural worker status under 

3 subtitle A, and the number of dependent spouses 

4 and children who were granted certified agricultural 

5 dependent status; 

6 (3) the number of principal aliens who applied 

7 for an extension of their certified agricultural worker 

8 status under subtitle A, and the number of depend9 ent spouses and children included in such applica10 tions; 

11 (4) the number of principal aliens who were 

12 granted an extension of certified agricultural worker 

13 status under subtitle A, and the number of depend14 ent spouses and children who were granted certified 

15 agricultural dependent status under such an exten16 sion; 

17 (5) the number of principal aliens who applied 

18 for adjustment of status under subtitle B, and the 

19 number of dependent spouses and children included 

20 in such applications; 

21 (6) the number of principal aliens who were 

22 granted lawful permanent resident status under sub23 title B, and the number of spouses and children who 

24 were granted such status as dependents; 


pamtmann on DSKBC07HB2PROD with BILLS
49 

HR 1603 RFS

1 (7) the number of principal aliens included in 

2 petitions described in section 101(e), and the num3 ber of dependent spouses and children included in 

4 such applications; and 

5 (8) the number of principal aliens who were 

6 granted H–2A status pursuant to petitions described 

7 in section 101(e), and the number of dependent 

8 spouses and children who were granted H–4 status. 

9 SEC. 134. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI10 CANTS. 

11 (a) ESTABLISHMENT.—The Secretary shall establish 

12 a program to award grants, on a competitive basis, to eli13 gible nonprofit organizations to assist eligible applicants 

14 under this title by providing them with the services de15 scribed in subsection (c). 

16 (b) ELIGIBLE NONPROFIT ORGANIZATION.—For 

17 purposes of this section, the term ‘‘eligible nonprofit orga18 nization’’ means an organization described in section 

19 501(c)(3) of the Internal Revenue Code of 1986 (exclud20 ing a recipient of funds under title X of the Economic 

21 Opportunity Act of 1964 (42 U.S.C. 2996 et seq.)) that 

22 has demonstrated qualifications, experience, and expertise 

23 in providing quality services to farm workers or aliens. 


pamtmann on DSKBC07HB2PROD with BILLS
50 

HR 1603 RFS

1 (c) USE OF FUNDS.—Grant funds awarded under 

2 this section may be used for the design and implementa3 tion of programs that provide— 

4 (1) information to the public regarding the eli5 gibility and benefits of certified agricultural worker 

6 status authorized under this title; and 

7 (2) assistance, within the scope of authorized 

8 practice of immigration law, to individuals submit9 ting applications for certified agricultural worker 

10 status or adjustment of status under this title, in11 cluding— 

12 (A) screening prospective applicants to as13 sess their eligibility for such status; 

14 (B) completing applications, including pro15 viding assistance in obtaining necessary docu16 ments and supporting evidence; and 

17 (C) providing any other assistance that the 

18 Secretary determines useful to assist aliens in 

19 applying for certified agricultural worker status 

20 or adjustment of status under this title. 

21 (d) SOURCE OF FUNDS.—In addition to any funds 

22 appropriated to carry out this section, the Secretary may 

23 use up to $10,000,000 from the Immigration Examina24 tions Fee Account under section 286(m) of the ImmigraVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
51 

HR 1603 RFS

1 tion and Nationality Act (8 U.S.C. 1356(m)) to carry out 

2 this section. 

3 (e) ELIGIBILITY FOR SERVICES.—Section 504(a)(11) 

4 of Public Law 104–134 (110 Stat. 1321–53 et seq.) shall 

5 not be construed to prevent a recipient of funds under title 

6 X of the Economic Opportunity Act of 1964 (42 U.S.C. 

7 2996 et seq.) from providing legal assistance directly re8 lated to an application for status under this title or to 

9 an alien granted such status. 

10 SEC. 135. AUTHORIZATION OF APPROPRIATIONS. 

11 There is authorized to be appropriated to the Sec12 retary, such sums as may be necessary to implement this 

13 title, including any amounts needed for costs associated 

14 with the initiation of such implementation, for each of fis15 cal years 2022 through 2024. 

16 TITLE II—ENSURING AN AGRI17 CULTURAL WORKFORCE FOR 

18 THE FUTURE 

19 Subtitle A—Reforming the H–2A 

20 Temporary Worker Program 

21 SEC. 201. COMPREHENSIVE AND STREAMLINED ELEC22 TRONIC H–2A PLATFORM. 

23 (a) STREAMLINED H–2A PLATFORM.— 

24 (1) IN GENERAL.—Not later than 12 months 

25 after the date of the enactment of this Act, the SecVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
52 

HR 1603 RFS

1 retary of Homeland Security, in consultation with 

2 the Secretary of Labor, the Secretary of Agriculture, 

3 the Secretary of State, and United States Digital 

4 Service, shall ensure the establishment of an elec5 tronic platform through which a petition for an H– 

6 2A worker may be filed. Such platform shall— 

7 (A) serve as a single point of access for an 

8 employer to input all information and sup9 porting documentation required for obtaining 

10 labor certification from the Secretary of Labor 

11 and the adjudication of the H–2A petition by 

12 the Secretary of Homeland Security; 

13 (B) serve as a single point of access for the 

14 Secretary of Homeland Security, the Secretary 

15 of Labor, and State workforce agencies to con16 currently perform their respective review and 

17 adjudicatory responsibilities in the H–2A proc18 ess; 

19 (C) facilitate communication between em20 ployers and agency adjudicators, including by 

21 allowing employers to— 

22 (i) receive and respond to notices of 

23 deficiency and requests for information; 

24 (ii) submit requests for inspections 

25 and licensing; 


pamtmann on DSKBC07HB2PROD with BILLS
53 

HR 1603 RFS

1 (iii) receive notices of approval and 

2 denial; and 

3 (iv) request reconsideration or appeal 

4 of agency decisions; and 

5 (D) provide information to the Secretary of 

6 State and U.S. Customs and Border Protection 

7 necessary for the efficient and secure processing 

8 of H–2A visas and applications for admission. 

9 (2) OBJECTIVES.—In developing the platform 

10 described in paragraph (1), the Secretary of Home11 land Security, in consultation with the Secretary of 

12 Labor, the Secretary of Agriculture, the Secretary of 

13 State, and United States Digital Service, shall 

14 streamline and improve the H–2A process, including 

15 by— 

16 (A) eliminating the need for employers to 

17 submit duplicate information and documenta18 tion to multiple agencies; 

19 (B) eliminating redundant processes, where 

20 a single matter in a petition is adjudicated by 

21 more than one agency; 

22 (C) reducing the occurrence of common pe23 tition errors, and otherwise improving and expe24 diting the processing of H–2A petitions; and 


pamtmann on DSKBC07HB2PROD with BILLS
54 

HR 1603 RFS

1 (D) ensuring compliance with H–2A pro2 gram requirements and the protection of the 

3 wages and working conditions of workers. 

4 (b) ONLINE JOB REGISTRY.—The Secretary of Labor 

5 shall maintain a national, publicly-accessible online job 

6 registry and database of all job orders submitted by H– 

7 2A employers. The registry and database shall— 

8 (1) be searchable using relevant criteria, includ9 ing the types of jobs needed to be filled, the date(s) 

10 and location(s) of need, and the employer(s) named 

11 in the job order; 

12 (2) provide an interface for workers in English, 

13 Spanish, and any other language that the Secretary 

14 of Labor determines to be appropriate; and 

15 (3) provide for public access of job orders ap16 proved under section 218(h)(2) of the Immigration 

17 and Nationality Act. 

18 SEC. 202. H–2A PROGRAM REQUIREMENTS. 

19 Section 218 of the Immigration and Nationality Act 

20 (8 U.S.C. 1188) is amended to read as follows: 

21 ‘‘SEC. 218. ADMISSION OF TEMPORARY H–2A WORKERS. 

22 ‘‘(a) LABOR CERTIFICATION CONDITIONS.—The Sec23 retary of Homeland Security may not approve a petition 

24 to admit an H–2A worker unless the Secretary of Labor 

25 has certified that— 


pamtmann on DSKBC07HB2PROD with BILLS
55 

HR 1603 RFS

1 ‘‘(1) there are not sufficient United States 

2 workers who are able, willing and qualified, and who 

3 will be available at the time and place needed, to 

4 perform the agricultural labor or services described 

5 in the petition; and 

6 ‘‘(2) the employment of the H–2A worker in 

7 such labor or services will not adversely affect the 

8 wages and working conditions of workers in the 

9 United States who are similarly employed. 

10 ‘‘(b) H–2A PETITION REQUIREMENTS.—An em11 ployer filing a petition for an H–2A worker to perform 

12 agricultural labor or services shall attest to and dem13 onstrate compliance, as and when appropriate, with all ap14 plicable requirements under this section, including the fol15 lowing: 

16 ‘‘(1) NEED FOR LABOR OR SERVICES.—The em17 ployer has described the need for agricultural labor 

18 or services in a job order that includes a description 

19 of the nature and location of the work to be per20 formed, the material terms and conditions of em21 ployment, the anticipated period or periods (expected 

22 start and end dates) for which the workers will be 

23 needed, and the number of job opportunities in 

24 which the employer seeks to employ the workers. 


pamtmann on DSKBC07HB2PROD with BILLS
56 

HR 1603 RFS

1 ‘‘(2) NONDISPLACEMENT OF UNITED STATES

2 WORKERS.—The employer has not and will not dis3 place United States workers employed by the em4 ployer during the period of employment of the H– 

5 2A worker and during the 60-day period imme6 diately preceding such period of employment in the 

7 job for which the employer seeks approval to employ 

8 the H–2A worker. 

9 ‘‘(3) STRIKE OR LOCKOUT.—Each place of em10 ployment described in the petition is not, at the time 

11 of filing the petition and until the petition is ap12 proved, subject to a strike or lockout in the course 

13 of a labor dispute. 

14 ‘‘(4) RECRUITMENT OF UNITED STATES WORK15 ERS.—The employer shall engage in the recruitment 

16 of United States workers as described in subsection 

17 (c) and shall hire such workers who are able, willing 

18 and qualified, and who will be available at the time 

19 and place needed, to perform the agricultural labor 

20 or services described in the petition. The employer 

21 may reject a United States worker only for lawful, 

22 job-related reasons. 

23 ‘‘(5) WAGES, BENEFITS, AND WORKING CONDI24 TIONS.—The employer shall offer and provide, at a 

25 minimum, the wages, benefits, and working condiVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
57 

HR 1603 RFS

1 tions required by this section to the H–2A worker 

2 and all workers who are similarly employed. The em3 ployer— 

4 ‘‘(A) shall offer such similarly employed 

5 workers not less than the same benefits, wages, 

6 and working conditions that the employer is of7 fering or will provide to the H–2A worker; and 

8 ‘‘(B) may not impose on such similarly em9 ployed workers any restrictions or obligations 

10 that will not be imposed on the H–2A worker. 

11 ‘‘(6) WORKERS’ COMPENSATION.—If the job op12 portunity is not covered by or is exempt from the 

13 State workers’ compensation law, the employer shall 

14 provide, at no cost to the worker, insurance covering 

15 injury and disease arising out of, and in the course 

16 of, the worker’s employment which will provide bene17 fits at least equal to those provided under the State 

18 workers’ compensation law. 

19 ‘‘(7) COMPLIANCE WITH LABOR AND EMPLOY20 MENT LAWS.—The employer shall comply with all 

21 applicable Federal, State and local employment-re22 lated laws and regulations. 

23 ‘‘(8) COMPLIANCE WITH WORKER PROTEC24 TIONS.—The employer shall comply with section 204 

25 of the Farm Workforce Modernization Act of 2021. 


pamtmann on DSKBC07HB2PROD with BILLS
58 

HR 1603 RFS

1 ‘‘(9) COMPLIANCE WITH FOREIGN LABOR RE2 CRUITMENT LAWS.—The employer shall comply with 

3 subtitle C of title II of the Farm Workforce Mod4 ernization Act of 2021. 

5 ‘‘(c) RECRUITING REQUIREMENTS.— 

6 ‘‘(1) IN GENERAL.—The employer may satisfy 

7 the recruitment requirement described in subsection 

8 (b)(4) by satisfying all of the following: 

9 ‘‘(A) JOB ORDER.—As provided in sub10 section (h)(1), the employer shall complete a 

11 job order for posting on the electronic job reg12 istry maintained by the Secretary of Labor and 

13 for distribution by the appropriate State work14 force agency. Such posting shall remain on the 

15 job registry as an active job order through the 

16 period described in paragraph (2)(B). 

17 ‘‘(B) FORMER WORKERS.—At least 45 

18 days before each start date identified in the pe19 tition, the employer shall— 

20 ‘‘(i) make reasonable efforts to con21 tact any United States worker the em22 ployer employed in the previous year in the 

23 same occupation and area of intended em24 ployment for which an H–2A worker is 

25 sought (excluding workers who were termiVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
59 

HR 1603 RFS

1 nated for cause or abandoned the work2 site); and 

3 ‘‘(ii) post such job opportunity in a 

4 conspicuous location or locations at the 

5 place of employment. 

6 ‘‘(C) POSITIVE RECRUITMENT.—During 

7 the period of recruitment, the employer shall 

8 complete any other positive recruitment steps 

9 within a multi-State region of traditional or ex10 pected labor supply where the Secretary of 

11 Labor finds that there are a significant number 

12 of qualified United States workers who, if re13 cruited, would be willing to make themselves 

14 available for work at the time and place needed. 

15 ‘‘(2) PERIOD OF RECRUITMENT.— 

16 ‘‘(A) IN GENERAL.—For purposes of this 

17 subsection, the period of recruitment begins on 

18 the date on which the job order is posted on the 

19 online job registry and ends on the date that 

20 H–2A workers depart for the employer’s place 

21 of employment. For a petition involving more 

22 than one start date under subsection (h)(1)(C), 

23 the end of the period of recruitment shall be de24 termined by the date of departure of the H–2A 


pamtmann on DSKBC07HB2PROD with BILLS
60 

HR 1603 RFS

1 workers for the final start date identified in the 

2 petition. 

3 ‘‘(B) REQUIREMENT TO HIRE US WORK4 ERS.— 

5 ‘‘(i) IN GENERAL.—Notwithstanding 

6 the limitations of subparagraph (A), the 

7 employer will provide employment to any 

8 qualified United States worker who applies 

9 to the employer for any job opportunity in10 cluded in the petition until the later of— 

11 ‘‘(I) the date that is 30 days 

12 after the date on which work begins; 

13 or 

14 ‘‘(II) the date on which— 

15 ‘‘(aa) 33 percent of the work 

16 contract for the job opportunity 

17 has elapsed; or 

18 ‘‘(bb) if the employer is a 

19 labor contractor, 50 percent of 

20 the work contract for the job op21 portunity has elapsed. 

22 ‘‘(ii) STAGGERED ENTRY.—For a peti23 tion involving more than one start date 

24 under subsection (h)(1)(C), each start date 

25 designated in the petition shall establish a 


pamtmann on DSKBC07HB2PROD with BILLS
61 

HR 1603 RFS

1 separate job opportunity. An employer may 

2 not reject a United States worker because 

3 the worker is unable or unwilling to fill 

4 more than one job opportunity included in 

5 the petition. 

6 ‘‘(iii) EXCEPTION.—Notwithstanding 

7 clause (i), the employer may offer a job op8 portunity to an H–2A worker instead of an 

9 alien granted certified agricultural worker 

10 status under title I of the Farm Workforce 

11 Modernization Act of 2021 if the H–2A 

12 worker was employed by the employer in 

13 each of 3 years during the most recent 4- 

14 year period. 

15 ‘‘(3) RECRUITMENT REPORT.— 

16 ‘‘(A) IN GENERAL.—The employer shall 

17 maintain a recruitment report through the ap18 plicable period described in paragraph (2)(B) 

19 and submit regular updates through the elec20 tronic platform on the results of recruitment. 

21 The employer shall retain the recruitment re22 port, and all associated recruitment documenta23 tion, for a period of 3 years from the date of 

24 certification. 


pamtmann on DSKBC07HB2PROD with BILLS
62 

HR 1603 RFS

1 ‘‘(B) BURDEN OF PROOF.—If the employer 

2 asserts that any eligible individual who has ap3 plied or been referred is not able, willing or 

4 qualified, the employer bears the burden of 

5 proof to establish that the individual is not able, 

6 willing or qualified because of a lawful, employ7 ment-related reason. 

8 ‘‘(d) WAGE REQUIREMENTS.— 

9 ‘‘(1) IN GENERAL.—Each employer under this 

10 section will offer the worker, during the period of 

11 authorized employment, wages that are at least the 

12 greatest of— 

13 ‘‘(A) the agreed-upon collective bargaining 

14 wage; 

15 ‘‘(B) the adverse effect wage rate (or any 

16 successor wage established under paragraph 

17 (7)); 

18 ‘‘(C) the prevailing wage (hourly wage or 

19 piece rate); or 

20 ‘‘(D) the Federal or State minimum wage. 

21 ‘‘(2) ADVERSE EFFECT WAGE RATE DETER22 MINATIONS.— 

23 ‘‘(A) IN GENERAL.—Except as provided 

24 under subparagraph (B), the applicable adverse 

25 effect wage rate for each State and occupational 


pamtmann on DSKBC07HB2PROD with BILLS
63 

HR 1603 RFS

1 classification for a calendar year shall be as fol2 lows: 

3 ‘‘(i) The annual average hourly wage 

4 for the occupational classification in the 

5 State or region as reported by the Sec6 retary of Agriculture based on a wage sur7 vey conducted by such Secretary. 

8 ‘‘(ii) If a wage described in clause (i) 

9 is not reported, the national annual aver10 age hourly wage for the occupational clas11 sification as reported by the Secretary of 

12 Agriculture based on a wage survey con13 ducted by such Secretary. 

14 ‘‘(iii) If a wage described in clause (i) 

15 or (ii) is not reported, the Statewide an16 nual average hourly wage for the standard 

17 occupational classification as reported by 

18 the Secretary of Labor based on a wage 

19 survey conducted by such Secretary. 

20 ‘‘(iv) If a wage described in clause (i), 

21 (ii), or (iii) is not reported, the national av22 erage hourly wage for the occupational 

23 classification as reported by the Secretary 

24 of Labor based on a wage survey con25 ducted by such Secretary. 


pamtmann on DSKBC07HB2PROD with BILLS
64 

HR 1603 RFS

1 ‘‘(B) LIMITATIONS ON WAGE FLUCTUA2 TIONS.— 

3 ‘‘(i) WAGE FREEZE FOR CALENDAR

4 YEAR 2022.—For calendar year 2022, the 

5 adverse effect wage rate for each State and 

6 occupational classification under this sub7 section shall be the adverse effect wage 

8 rate that was in effect for H–2A workers 

9 in the applicable State on the date of the 

10 introduction of the Farm Workforce Mod11 ernization Act of 2021. 

12 ‘‘(ii) CALENDAR YEARS 2023 THROUGH

13 2031.—For each of calendar years 2023 

14 through 2031, the adverse effect wage rate 

15 for each State and occupational classifica16 tion under this subsection shall be the 

17 wage calculated under subparagraph (A), 

18 except that such wage may not— 

19 ‘‘(I) be more than 1.5 percent 

20 lower than the wage in effect for H– 

21 2A workers in the applicable State 

22 and occupational classification in the 

23 immediately preceding calendar year; 

24 ‘‘(II) except as provided in clause 

25 (III), be more than 3.25 percent highVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
65 

HR 1603 RFS

1 er than the wage in effect for H–2A 

2 workers in the applicable State and 

3 occupational classification in the im4 mediately preceding calendar year; 

5 and 

6 ‘‘(III) if the application of clause 

7 (II) results in a wage that is lower 

8 than 110 percent of the applicable 

9 Federal or State minimum wage, be 

10 more than 4.25 percent higher than 

11 the wage in effect for H–2A workers 

12 in the applicable State and occupa13 tional classification in the immediately 

14 preceding calendar year. 

15 ‘‘(iii) CALENDAR YEARS AFTER

16 2031.—For any calendar year after 2031, 

17 the applicable wage rate described in para18 graph (1)(B) shall be the wage rate estab19 lished pursuant to paragraph (7)(D). Until 

20 such wage rate is effective, the adverse ef21 fect wage rate for each State and occupa22 tional classification under this subsection 

23 shall be the wage calculated under sub24 paragraph (A), except that such wage may 

25 not be more than 1.5 percent lower or 3.25 


pamtmann on DSKBC07HB2PROD with BILLS
66 

HR 1603 RFS

1 percent higher than the wage in effect for 

2 H–2A workers in the applicable State and 

3 occupational classification in the imme4 diately preceding calendar year. 

5 ‘‘(3) MULTIPLE OCCUPATIONS.—If the primary 

6 job duties for the job opportunity described in the 

7 petition do not fall within a single occupational clas8 sification, the applicable wage rates under subpara9 graphs (B) and (C) of paragraph (1) for the job op10 portunity shall be based on the highest such wage 

11 rates for all applicable occupational classifications. 

12 ‘‘(4) PUBLICATION; WAGES IN EFFECT.— 

13 ‘‘(A) PUBLICATION.—Prior to the start of 

14 each calendar year, the Secretary of Labor shall 

15 publish the applicable adverse effect wage rate 

16 (or successor wage rate, if any), and prevailing 

17 wage if available, for each State and occupa18 tional classification through notice in the Fed19 eral Register. 

20 ‘‘(B) JOB ORDERS IN EFFECT.—Except as 

21 provided in subparagraph (C), publication by 

22 the Secretary of Labor of an updated adverse 

23 effect wage rate or prevailing wage for a State 

24 and occupational classification shall not affect 

25 the wage rate guaranteed in any approved job 


pamtmann on DSKBC07HB2PROD with BILLS
67 

HR 1603 RFS

1 order for which recruitment efforts have com2 menced at the time of publication. 

3 ‘‘(C) EXCEPTION FOR YEAR-ROUND

4 JOBS.—If the Secretary of Labor publishes an 

5 updated adverse effect wage rate or prevailing 

6 wage for a State and occupational classification 

7 concerning a petition described in subsection 

8 (i), and the updated wage is higher than the 

9 wage rate guaranteed in the work contract, the 

10 employer shall pay the updated wage not later 

11 than 14 days after publication of the updated 

12 wage in the Federal Register. 

13 ‘‘(5) WORKERS PAID ON A PIECE RATE OR

14 OTHER INCENTIVE BASIS.—If an employer pays by 

15 the piece rate or other incentive method and requires 

16 one or more minimum productivity standards as a 

17 condition of job retention, such standards shall be 

18 specified in the job order and shall be no more than 

19 those normally required (at the time of the first peti20 tion for H–2A workers) by other employers for the 

21 activity in the area of intended employment, unless 

22 the Secretary of Labor approves a higher minimum 

23 standard resulting from material changes in produc24 tion methods. 

25 ‘‘(6) GUARANTEE OF EMPLOYMENT.— 


pamtmann on DSKBC07HB2PROD with BILLS
68 

HR 1603 RFS

1 ‘‘(A) OFFER TO WORKER.—The employer 

2 shall guarantee the worker employment for the 

3 hourly equivalent of at least three-fourths of the 

4 work days of the total period of employment, 

5 beginning with the first work day after the ar6 rival of the worker at the place of employment 

7 and ending on the date specified in the job 

8 offer. For purposes of this subparagraph, the 

9 hourly equivalent means the number of hours in 

10 the work days as stated in the job offer and 

11 shall exclude the worker’s Sabbath and Federal 

12 holidays. If the employer affords the worker less 

13 employment than that required under this para14 graph, the employer shall pay the worker the 

15 amount which the worker would have earned 

16 had the worker, in fact, worked for the guaran17 teed number of hours. 

18 ‘‘(B) FAILURE TO WORK.—Any hours 

19 which the worker fails to work, up to a max20 imum of the number of hours specified in the 

21 job offer for a work day, when the worker has 

22 been offered an opportunity to do so, and all 

23 hours of work actually performed (including vol24 untary work in excess of the number of hours 

25 specified in the job offer in a work day, on the 


pamtmann on DSKBC07HB2PROD with BILLS
69 

HR 1603 RFS

1 worker’s Sabbath, or on Federal holidays) may 

2 be counted by the employer in calculating 

3 whether the period of guaranteed employment 

4 has been met. 

5 ‘‘(C) ABANDONMENT OF EMPLOYMENT; 

6 TERMINATION FOR CAUSE.—If the worker vol7 untarily abandons employment without good 

8 cause before the end of the contract period, or 

9 is terminated for cause, the worker is not enti10 tled to the guarantee of employment described 

11 in subparagraph (A). 

12 ‘‘(D) CONTRACT IMPOSSIBILITY.—If, be13 fore the expiration of the period of employment 

14 specified in the job offer, the services of the 

15 worker are no longer required for reasons be16 yond the control of the employer due to any 

17 form of natural disaster before the guarantee in 

18 subparagraph (A) is fulfilled, the employer may 

19 terminate the worker’s employment. In the 

20 event of such termination, the employer shall 

21 fulfill the employment guarantee in subpara22 graph (A) for the work days that have elapsed 

23 from the first work day after the arrival of the 

24 worker to the termination of employment. The 

25 employer shall make efforts to transfer a workVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
70 

HR 1603 RFS

1 er to other comparable employment acceptable 

2 to the worker. If such transfer is not affected, 

3 the employer shall provide the return transpor4 tation required in subsection (f)(2). 

5 ‘‘(7) WAGE STANDARDS AFTER 2031.— 

6 ‘‘(A) STUDY OF ADVERSE EFFECT WAGE

7 RATE.—Beginning in fiscal year 2028, the Sec8 retary of Agriculture and Secretary of Labor 

9 shall jointly conduct a study that addresses— 

10 ‘‘(i) whether the employment of H–2A 

11 workers has depressed the wages of United 

12 States farm workers; 

13 ‘‘(ii) whether an adverse effect wage 

14 rate is necessary to protect the wages of 

15 United States farm workers in occupations 

16 in which H–2A workers are employed; 

17 ‘‘(iii) whether alternative wage stand18 ards would be sufficient to prevent wages 

19 in occupations in which H–2A workers are 

20 employed from falling below the wage level 

21 that would have prevailed in the absence of 

22 H–2A employment; 

23 ‘‘(iv) whether any changes are war24 ranted in the current methodologies for 


pamtmann on DSKBC07HB2PROD with BILLS
71 

HR 1603 RFS

1 calculating the adverse effect wage rate 

2 and the prevailing wage rate; and 

3 ‘‘(v) recommendations for future wage 

4 protection under this section. 

5 ‘‘(B) FINAL REPORT.—Not later than Oc6 tober 1, 2029, the Secretary of Agriculture and 

7 Secretary of Labor shall jointly prepare and 

8 submit a report to the Congress setting forth 

9 the findings of the study conducted under sub10 paragraph (A) and recommendations for future 

11 wage protections under this section. 

12 ‘‘(C) CONSULTATION.—In conducting the 

13 study under subparagraph (A) and preparing 

14 the report under subparagraph (B), the Sec15 retary of Agriculture and Secretary of Labor 

16 shall consult with representatives of agricultural 

17 employers and an equal number of representa18 tives of agricultural workers, at the national, 

19 State and local level. 

20 ‘‘(D) WAGE DETERMINATION AFTER

21 2031.—Upon publication of the report described 

22 in subparagraph (B), the Secretary of Labor, in 

23 consultation with and the approval of the Sec24 retary of Agriculture, shall make a rule to es25 tablish a process for annually determining the 


pamtmann on DSKBC07HB2PROD with BILLS
72 

HR 1603 RFS

1 wage rate for purposes of paragraph (1)(B) for 

2 fiscal years after 2031. Such process shall be 

3 designed to ensure that the employment of H– 

4 2A workers does not undermine the wages and 

5 working conditions of similarly employed United 

6 States workers. 

7 ‘‘(e) HOUSING REQUIREMENTS.—Employers shall 

8 furnish housing in accordance with regulations established 

9 by the Secretary of Labor. Such regulations shall be con10 sistent with the following: 

11 ‘‘(1) IN GENERAL.—The employer shall be per12 mitted at the employer’s option to provide housing 

13 meeting applicable Federal standards for temporary 

14 labor camps or to secure housing which meets the 

15 local standards for rental and/or public accommoda16 tions or other substantially similar class of habi17 tation: Provided, That in the absence of applicable 

18 local standards, State standards for rental and/or 

19 public accommodations or other substantially similar 

20 class of habitation shall be met: Provided further, 

21 That in the absence of applicable local or State 

22 standards, Federal temporary labor camp standards 

23 shall apply. 

24 ‘‘(2) FAMILY HOUSING.—Except as otherwise 

25 provided in subsection (i)(5), the employer shall proVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
73 

HR 1603 RFS

1 vide family housing to workers with families who re2 quest it when it is the prevailing practice in the area 

3 and occupation of intended employment to provide 

4 family housing. 

5 ‘‘(3) UNITED STATES WORKERS.—Notwith6 standing paragraphs (1) and (2), an employer is not 

7 required to provide housing to United States work8 ers who are reasonably able to return to their resi9 dence within the same day. 

10 ‘‘(4) TIMING OF INSPECTION.— 

11 ‘‘(A) IN GENERAL.—The Secretary of 

12 Labor or designee shall make a determination 

13 as to whether the housing furnished by an em14 ployer for a worker meets the requirements im15 posed by this subsection prior to the date on 

16 which the Secretary of Labor is required to 

17 make a certification with respect to a petition 

18 for the admission of such worker. 

19 ‘‘(B) TIMELY INSPECTION.—The Secretary 

20 of Labor shall provide a process for— 

21 ‘‘(i) an employer to request inspection 

22 of housing up to 60 days before the date 

23 on which the employer will file a petition 

24 under this section; and 


pamtmann on DSKBC07HB2PROD with BILLS
74 

HR 1603 RFS

1 ‘‘(ii) annual inspection of housing for 

2 workers who are engaged in agricultural 

3 employment that is not of a seasonal or 

4 temporary nature. 

5 ‘‘(f) TRANSPORTATION REQUIREMENTS.— 

6 ‘‘(1) TRAVEL TO PLACE OF EMPLOYMENT.—A 

7 worker who completes 50 percent of the period of 

8 employment specified in the job order shall be reim9 bursed by the employer for the cost of the worker’s 

10 transportation and subsistence from the place from 

11 which the worker came to work for the employer (or 

12 place of last employment, if the worker traveled 

13 from such place) to the place of employment. 

14 ‘‘(2) TRAVEL FROM PLACE OF EMPLOYMENT.— 

15 For a worker who completes the period of employ16 ment specified in the job order or who is terminated 

17 without cause, the employer shall provide or pay for 

18 the worker’s transportation and subsistence from the 

19 place of employment to the place from which the 

20 worker, disregarding intervening employment, came 

21 to work for the employer, or to the place of next em22 ployment, if the worker has contracted with a subse23 quent employer who has not agreed to provide or 

24 pay for the worker’s transportation and subsistence 

25 to such subsequent employer’s place of employment. 


pamtmann on DSKBC07HB2PROD with BILLS
75 

HR 1603 RFS

1 ‘‘(3) LIMITATION.— 

2 ‘‘(A) AMOUNT OF REIMBURSEMENT.—Ex3 cept as provided in subparagraph (B), the 

4 amount of reimbursement provided under para5 graph (1) or (2) to a worker need not exceed 

6 the lesser of— 

7 ‘‘(i) the actual cost to the worker of 

8 the transportation and subsistence in9 volved; or 

10 ‘‘(ii) the most economical and reason11 able common carrier transportation 

12 charges and subsistence costs for the dis13 tance involved. 

14 ‘‘(B) DISTANCE TRAVELED.—For travel to 

15 or from the worker’s home country, if the travel 

16 distance between the worker’s home and the rel17 evant consulate is 50 miles or less, reimburse18 ment for transportation and subsistence may be 

19 based on transportation to or from the con20 sulate. 

21 ‘‘(g) HEAT ILLNESS PREVENTION PLAN.— 

22 ‘‘(1) IN GENERAL.—The employer shall main23 tain a reasonable plan that describes the employer’s 

24 procedures for the prevention of heat illness, includ25 ing appropriate training, access to water and shade, 


pamtmann on DSKBC07HB2PROD with BILLS
76 

HR 1603 RFS

1 the provision of breaks, and the protocols for emer2 gency response. Such plan shall— 

3 ‘‘(A) be in writing in English and, to the 

4 extent necessary, any language common to a 

5 significant portion of the workers if they are 

6 not fluent in English; and 

7 ‘‘(B) be posted at a conspicuous location at 

8 the worksite and provided to employees prior to 

9 the commencement of labor or services. 

10 ‘‘(2) CLARIFICATION.—Nothing in this sub11 section is intended to limit any other Federal or 

12 State authority to promulgate, enforce, or maintain 

13 health and safety standards related to heat-related 

14 illness. 

15 ‘‘(h) H–2A PETITION PROCEDURES.— 

16 ‘‘(1) SUBMISSION OF PETITION AND JOB

17 ORDER.— 

18 ‘‘(A) IN GENERAL.—The employer shall 

19 submit information required for the adjudica20 tion of the H–2A petition, including a job 

21 order, through the electronic platform no more 

22 than 75 calendar days and no fewer than 60 

23 calendar days before the employer’s first date of 

24 need specified in the petition. 


pamtmann on DSKBC07HB2PROD with BILLS
77 

HR 1603 RFS

1 ‘‘(B) FILING BY AGRICULTURAL ASSOCIA2 TIONS.—An association of agricultural pro3 ducers that use agricultural services may file an 

4 H–2A petition under subparagraph (A). If an 

5 association is a joint or sole employer of work6 ers who perform agricultural labor or services, 

7 H–2A workers may be used for the approved 

8 job opportunities of any of the association’s 

9 producer members and such workers may be 

10 transferred among its producer members to per11 form the agricultural labor or services for which 

12 the petition was approved. 

13 ‘‘(C) PETITIONS INVOLVING STAGGERED

14 ENTRY.— 

15 ‘‘(i) IN GENERAL.—Except as pro16 vided in clause (ii), an employer may file 

17 a petition involving employment in the 

18 same occupational classification and same 

19 area of intended employment with multiple 

20 start dates if— 

21 ‘‘(I) the petition involves tem22 porary or seasonal employment and no 

23 more than 10 start dates; 

24 ‘‘(II) the multiple start dates 

25 share a common end date; 


pamtmann on DSKBC07HB2PROD with BILLS
78 

HR 1603 RFS

1 ‘‘(III) no more than 120 days 

2 separate the first start date and the 

3 final start date listed in the petition; 

4 and 

5 ‘‘(IV) the need for multiple start 

6 dates arises from variations in labor 

7 needs associated with the job oppor8 tunity identified in the petition. 

9 ‘‘(ii) LABOR CONTRACTORS.—A labor 

10 contractor may not file a petition described 

11 in clause (i) unless the labor contractor— 

12 ‘‘(I) is filing as a joint employer 

13 with its contractees, or is operating in 

14 a State in which joint employment 

15 and liability between the labor con16 tractor and its contractees is other17 wise established; or 

18 ‘‘(II) has posted and is maintain19 ing a premium surety bond as de20 scribed in subsection (l)(1). 

21 ‘‘(2) LABOR CERTIFICATION.— 

22 ‘‘(A) REVIEW OF JOB ORDER.— 

23 ‘‘(i) IN GENERAL.—The Secretary of 

24 Labor, in consultation with the relevant 

25 State workforce agency, shall review the 


pamtmann on DSKBC07HB2PROD with BILLS
79 

HR 1603 RFS

1 job order for compliance with this section 

2 and notify the employer through the elec3 tronic platform of any deficiencies not later 

4 than 7 business days from the date the 

5 employer submits the necessary informa6 tion required under paragraph (1)(A). The 

7 employer shall be provided 5 business days 

8 to respond to any such notice of deficiency. 

9 ‘‘(ii) STANDARD.—The job order must 

10 include all material terms and conditions 

11 of employment, including the requirements 

12 of this section, and must be otherwise con13 sistent with the minimum standards pro14 vided under Federal, State or local law. In 

15 considering the question of whether a spe16 cific qualification is appropriate in a job 

17 order, the Secretary of Labor shall apply 

18 the normal and accepted qualification re19 quired by non-H–2A employers in the 

20 same or comparable occupations and crops. 

21 ‘‘(iii) EMERGENCY PROCEDURES.— 

22 The Secretary of Labor shall establish 

23 emergency procedures for the curing of de24 ficiencies that cannot be resolved during 

25 the period described in clause (i). 


pamtmann on DSKBC07HB2PROD with BILLS
80 

HR 1603 RFS

1 ‘‘(B) APPROVAL OF JOB ORDER.— 

2 ‘‘(i) IN GENERAL.—Upon approval of 

3 the job order, the Secretary of Labor shall 

4 immediately place for public examination a 

5 copy of the job order on the online job reg6 istry, and the State workforce agency serv7 ing the area of intended employment shall 

8 commence the recruitment of United 

9 States workers. 

10 ‘‘(ii) REFERRAL OF UNITED STATES

11 WORKERS.—The Secretary of Labor and 

12 State workforce agency shall keep the job 

13 order active until the end of the period de14 scribed in subsection (c)(2) and shall refer 

15 to the employer each United States worker 

16 who applies for the job opportunity. 

17 ‘‘(C) REVIEW OF INFORMATION FOR DEFI18 CIENCIES.—Within 7 business days of the ap19 proval of the job order, the Secretary of Labor 

20 shall review the information necessary to make 

21 a labor certification and notify the employer 

22 through the electronic platform if such informa23 tion does not meet the standards for approval. 

24 Such notification shall include a description of 


pamtmann on DSKBC07HB2PROD with BILLS
81 

HR 1603 RFS

1 any deficiency, and the employer shall be pro2 vided 5 business days to cure such deficiency. 

3 ‘‘(D) CERTIFICATION AND AUTHORIZATION

4 OF WORKERS.—Not later than 30 days before 

5 the date that labor or services are first required 

6 to be performed, the Secretary of Labor shall 

7 issue the requested labor certification if the 

8 Secretary determines that the requirements set 

9 forth in this section have been met. 

10 ‘‘(E) EXPEDITED ADMINISTRATIVE AP11 PEALS OF CERTAIN DETERMINATIONS.—The 

12 Secretary of Labor shall by regulation establish 

13 a procedure for an employer to request the ex14 pedited review of a denial of a labor certifi15 cation under this section, or the revocation of 

16 such a certification. Such procedure shall re17 quire the Secretary to expeditiously, but no 

18 later than 72 hours after expedited review is re19 quested, issue a de novo determination on a 

20 labor certification that was denied in whole or 

21 in part because of the availability of able, will22 ing and qualified workers if the employer dem23 onstrates, consistent with subsection (c)(3)(B), 

24 that such workers are not actually available at 


pamtmann on DSKBC07HB2PROD with BILLS
82 

HR 1603 RFS

1 the time or place such labor or services are re2 quired. 

3 ‘‘(3) PETITION DECISION.— 

4 ‘‘(A) IN GENERAL.—Not later than 7 busi5 ness days after the Secretary of Labor issues 

6 the certification, the Secretary of Homeland Se7 curity shall issue a decision on the petition and 

8 shall transmit a notice of action to the peti9 tioner via the electronic platform. 

10 ‘‘(B) APPROVAL.—Upon approval of a pe11 tition under this section, the Secretary of 

12 Homeland Security shall ensure that such ap13 proval is noted in the electronic platform and is 

14 available to the Secretary of State and U.S. 

15 Customs and Border Protection, as necessary, 

16 to facilitate visa issuance and admission. 

17 ‘‘(C) PARTIAL APPROVAL.—A petition for 

18 multiple named beneficiaries may be partially 

19 approved with respect to eligible beneficiaries 

20 notwithstanding the ineligibility, or potential in21 eligibility, of one or more other beneficiaries. 

22 ‘‘(D) POST-CERTIFICATION AMEND23 MENTS.—The Secretary of Labor shall provide 

24 a process for amending a request for labor cer25 tification in conjunction with an H–2A petition, 


pamtmann on DSKBC07HB2PROD with BILLS
83 

HR 1603 RFS

1 subsequent to certification by the Secretary of 

2 Labor, in cases in which the requested amend3 ment does not materially change the petition 

4 (including the job order). 

5 ‘‘(4) ROLES OF AGRICULTURAL ASSOCIA6 TIONS.— 

7 ‘‘(A) MEMBER’S VIOLATION DOES NOT

8 NECESSARILY DISQUALIFY ASSOCIATION OR

9 OTHER MEMBERS.—If an individual producer 

10 member of a joint employer association is deter11 mined to have committed an act that results in 

12 the denial of a petition with respect to the 

13 member, the denial shall apply only to that 

14 member of the association unless the Secretary 

15 of Labor determines that the association or 

16 other member participated in, had knowledge 

17 of, or reason to know of, the violation. 

18 ‘‘(B) ASSOCIATION’S VIOLATION DOES NOT

19 NECESSARILY DISQUALIFY MEMBERS.— 

20 ‘‘(i) If an association representing ag21 ricultural producers as a joint employer is 

22 determined to have committed an act that 

23 results in the denial of a petition with re24 spect to the association, the denial shall 

25 apply only to the association and does not 


pamtmann on DSKBC07HB2PROD with BILLS
84 

HR 1603 RFS

1 apply to any individual producer member 

2 of the association unless the Secretary of 

3 Labor determines that the member partici4 pated in, had knowledge of, or reason to 

5 know of, the violation. 

6 ‘‘(ii) If an association of agricultural 

7 producers certified as a sole employer is 

8 determined to have committed an act that 

9 results in the denial of a petition with re10 spect to the association, no individual pro11 ducer member of such association may be 

12 the beneficiary of the services of H–2A 

13 workers in the commodity and occupation 

14 in which such aliens were employed by the 

15 association which was denied during the 

16 period such denial is in force, unless such 

17 producer member employs such aliens in 

18 the commodity and occupation in question 

19 directly or through an association which is 

20 a joint employer of such workers with the 

21 producer member. 

22 ‘‘(5) SPECIAL PROCEDURES.—The Secretary of 

23 Labor, in consultation with the Secretary of Agri24 culture and Secretary of Homeland Security, may by 

25 regulation establish alternate procedures that reaVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
85 

HR 1603 RFS

1 sonably modify program requirements under this 

2 section, when the Secretary determines that such 

3 modifications are required due to the unique nature 

4 of the work involved. 

5 ‘‘(6) CONSTRUCTION OCCUPATIONS.—An em6 ployer may not file a petition under this section on 

7 behalf of a worker if the majority of the worker’s 

8 duties will fall within a construction or extraction oc9 cupational classification. 

10 ‘‘(i) NON-TEMPORARY OR -SEASONAL NEEDS.— 

11 ‘‘(1) IN GENERAL.—Notwithstanding the re12 quirement in section 101(a)(15)(H)(ii)(a) that the 

13 agricultural labor or services performed by an H–2A 

14 worker be of a temporary or seasonal nature, the 

15 Secretary of Homeland Security may, consistent 

16 with the provisions of this subsection, approve a pe17 tition for an H–2A worker to perform agricultural 

18 services or labor that is not of a temporary or sea19 sonal nature. 

20 ‘‘(2) NUMERICAL LIMITATIONS.— 

21 ‘‘(A) FIRST 3 FISCAL YEARS.—The total 

22 number of aliens who may be issued visas or 

23 otherwise provided H–2A nonimmigrant status 

24 under paragraph (1) for the first fiscal year 

25 during which the first visa is issued under such 


pamtmann on DSKBC07HB2PROD with BILLS
86 

HR 1603 RFS

1 paragraph and for each of the following two fis2 cal years may not exceed 20,000. 

3 ‘‘(B) FISCAL YEARS 4 THROUGH 10.— 

4 ‘‘(i) IN GENERAL.—The total number 

5 of aliens who may be issued visas or other6 wise provided H–2A nonimmigrant status 

7 under paragraph (1) for the first fiscal 

8 year following the fiscal years referred to 

9 in subparagraph (A) and for each of the 

10 following 6 fiscal years may not exceed a 

11 numerical limitation jointly imposed by the 

12 Secretary of Agriculture and Secretary of 

13 Labor in accordance with clause (ii). 

14 ‘‘(ii) ANNUAL ADJUSTMENTS.—For 

15 each fiscal year referred to in clause (i), 

16 the Secretary of Agriculture and Secretary 

17 of Labor, in consultation with the Sec18 retary of Homeland Security, shall estab19 lish a numerical limitation for purposes of 

20 clause (i). Such numerical limitation may 

21 not be lower 20,000 and may not vary by 

22 more than 12.5 percent compared to the 

23 numerical limitation applicable to the im24 mediately preceding fiscal year. In estab25 lishing such numerical limitation, the SecVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
87 

HR 1603 RFS

1 retaries shall consider appropriate factors, 

2 including— 

3 ‘‘(I) a demonstrated shortage of 

4 agricultural workers; 

5 ‘‘(II) the level of unemployment 

6 and underemployment of agricultural 

7 workers during the preceding fiscal 

8 year; 

9 ‘‘(III) the number of H–2A work10 ers sought by employers during the 

11 preceding fiscal year to engage in ag12 ricultural labor or services not of a 

13 temporary or seasonal nature; 

14 ‘‘(IV) the number of such H–2A 

15 workers issued a visa in the most re16 cent fiscal year who remain in the 

17 United States in compliance with the 

18 terms of such visa; 

19 ‘‘(V) the estimated number of 

20 United States workers, including 

21 workers who obtained certified agri22 cultural worker status under title I of 

23 the Farm Workforce Modernization 

24 Act of 2021, who worked during the 

25 preceding fiscal year in agricultural 


pamtmann on DSKBC07HB2PROD with BILLS
88 

HR 1603 RFS

1 labor or services not of a temporary 

2 or seasonal nature; 

3 ‘‘(VI) the number of such United 

4 States workers who accepted jobs of5 fered by employers using the online 

6 job registry during the preceding fis7 cal year; 

8 ‘‘(VII) any growth or contraction 

9 of the United States agricultural in10 dustry that has increased or decreased 

11 the demand for agricultural workers; 

12 and 

13 ‘‘(VIII) any changes in the real 

14 wages paid to agricultural workers in 

15 the United States as an indication of 

16 a shortage or surplus of agricultural 

17 labor. 

18 ‘‘(C) SUBSEQUENT FISCAL YEARS.—For 

19 each fiscal year following the fiscal years re20 ferred to in subparagraph (B), the Secretary of 

21 Agriculture and Secretary of Labor shall jointly 

22 determine, in consultation with the Secretary of 

23 Homeland Security, and after considering ap24 propriate factors, including those factors listed 

25 in subclauses (I) through (VIII) of subparaVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
89 

HR 1603 RFS

1 graph (B)(ii), whether to establish a numerical 

2 limitation for that fiscal year. If a numerical 

3 limitation is so established— 

4 ‘‘(i) such numerical limitation may 

5 not be lower than highest number of aliens 

6 admitted under this subsection in any of 

7 the three fiscal years immediately pre8 ceding the fiscal year for which the numer9 ical limitation is to be established; and 

10 ‘‘(ii) the total number of aliens who 

11 may be issued visas or otherwise provided 

12 H–2A nonimmigrant status under para13 graph (1) for that fiscal year may not ex14 ceed such numerical limitation. 

15 ‘‘(D) EMERGENCY PROCEDURES.—The 

16 Secretary of Agriculture and Secretary of 

17 Labor, in consultation with the Secretary of 

18 Homeland Security, shall jointly establish by 

19 regulation procedures for immediately adjusting 

20 a numerical limitation imposed under subpara21 graph (B) or (C) to account for significant 

22 labor shortages. 

23 ‘‘(3) ALLOCATION OF VISAS.— 

24 ‘‘(A) BI-ANNUAL ALLOCATION.—The an25 nual allocation of visas described in paragraph 


pamtmann on DSKBC07HB2PROD with BILLS
90 

HR 1603 RFS

1 (2) shall be evenly allocated between two halves 

2 of the fiscal year unless the Secretary of Home3 land Security, in consultation with the Sec4 retary of Agriculture and Secretary of Labor, 

5 determines that an alternative allocation would 

6 better accommodate demand for visas. Any un7 used visas in the first half of the fiscal year 

8 shall be added to the allocation for the subse9 quent half of the same fiscal year. 

10 ‘‘(B) RESERVE FOR DAIRY LABOR OR

11 SERVICES.— 

12 ‘‘(i) IN GENERAL.—Of the visa num13 bers made available in each half of the fis14 cal year pursuant to subparagraph (A), 50 

15 percent of such visas shall be reserved for 

16 employers filing petitions seeking H–2A 

17 workers to engage in agricultural labor or 

18 services in the dairy industry. 

19 ‘‘(ii) EXCEPTION.—If, after 4 months 

20 have elapsed in one half of the fiscal year, 

21 the Secretary of Homeland Security deter22 mines that application of clause (i) will re23 sult in visas going unused during that half 

24 of the fiscal year, clause (i) shall not apply 


pamtmann on DSKBC07HB2PROD with BILLS
91 

HR 1603 RFS

1 to visas under this paragraph during the 

2 remainder of such calendar half. 

3 ‘‘(C) LIMITED ALLOCATION FOR CERTAIN

4 SPECIAL PROCEDURES INDUSTRIES.— 

5 ‘‘(i) IN GENERAL.—Notwithstanding 

6 the numerical limitations under paragraph 

7 (2), up to 500 aliens may be issued visas 

8 or otherwise provided H–2A nonimmigrant 

9 status under paragraph (1) in a fiscal year 

10 for range sheep or goat herding. 

11 ‘‘(ii) LIMITATION.—The total number 

12 of aliens in the United States in valid H– 

13 2A status under clause (i) at any one time 

14 may not exceed 500. 

15 ‘‘(iii) CLARIFICATION.—Any visas 

16 issued under this subparagraph may not be 

17 considered for purposes of the annual ad18 justments under subparagraphs (B) and 

19 (C) of paragraph (2). 

20 ‘‘(4) ANNUAL ROUND TRIP HOME.— 

21 ‘‘(A) IN GENERAL.—In addition to the 

22 other requirements of this section, an employer 

23 shall provide H–2A workers employed under 

24 this subsection, at no cost to such workers, with 

25 annual round trip travel, including transporVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
92 

HR 1603 RFS

1 tation and subsistence during travel, to their 

2 homes in their communities of origin. The em3 ployer must provide such travel within 14 

4 months of the initiation of the worker’s employ5 ment, and no more than 14 months can elapse 

6 between each required period of travel. 

7 ‘‘(B) LIMITATION.—The cost of travel 

8 under subparagraph (A) need not exceed the 

9 lesser of— 

10 ‘‘(i) the actual cost to the worker of 

11 the transportation and subsistence in12 volved; or 

13 ‘‘(ii) the most economical and reason14 able common carrier transportation 

15 charges and subsistence costs for the dis16 tance involved. 

17 ‘‘(5) FAMILY HOUSING.—An employer seeking 

18 to employ an H–2A worker pursuant to this sub19 section shall offer family housing to workers with 

20 families if such workers are engaged in agricultural 

21 employment that is not of a seasonal or temporary 

22 nature. The worker may reject such an offer. The 

23 employer may not charge the worker for the work24 er’s housing, except that if the worker accepts family 

25 housing, a prorated rent based on the fair market 


pamtmann on DSKBC07HB2PROD with BILLS
93 

HR 1603 RFS

1 value for such housing may be charged for the work2 er’s family members. 

3 ‘‘(6) WORKPLACE SAFETY PLAN FOR DAIRY EM4 PLOYEES.— 

5 ‘‘(A) IN GENERAL.—If an employer is 

6 seeking to employ a worker in agricultural labor 

7 or services in the dairy industry pursuant to 

8 this subsection, the employer must report inci9 dents consistent with the requirements under 

10 section 1904.39 of title 29, Code of Federal 

11 Regulations, and maintain an effective worksite 

12 safety and compliance plan to prevent work13 place accidents and otherwise ensure safety. 

14 Such plan shall— 

15 ‘‘(i) be in writing in English and, to 

16 the extent necessary, any language com17 mon to a significant portion of the workers 

18 if they are not fluent in English; and 

19 ‘‘(ii) be posted at a conspicuous loca20 tion at the worksite and provided to em21 ployees prior to the commencement of 

22 labor or services. 

23 ‘‘(B) CONTENTS OF PLAN.—The Secretary 

24 of Labor, in consultation with the Secretary of 

25 Agriculture, shall establish by regulation the 


pamtmann on DSKBC07HB2PROD with BILLS
94 

HR 1603 RFS

1 minimum requirements for the plan described 

2 in subparagraph (A). Such plan shall include 

3 measures to— 

4 ‘‘(i) require workers (other than the 

5 employer’s family members) whose posi6 tions require contact with animals to com7 plete animal care training, including ani8 mal handling and job-specific animal care; 

9 ‘‘(ii) protect against sexual harass10 ment and violence, resolve complaints in11 volving harassment or violence, and protect 

12 against retaliation against workers report13 ing harassment or violence; and 

14 ‘‘(iii) contain other provisions nec15 essary for ensuring workplace safety, as 

16 determined by the Secretary of Labor, in 

17 consultation with the Secretary of Agri18 culture. 

19 ‘‘(C) CLARIFICATION.—Nothing in this 

20 paragraph is intended to apply to persons or 

21 entities that are not seeking to employ workers 

22 under this section. Nothing in this paragraph is 

23 intended to limit any other Federal or State au24 thority to promulgate, enforce, or maintain 


pamtmann on DSKBC07HB2PROD with BILLS
95 

HR 1603 RFS

1 health and safety standards related to the dairy 

2 industry. 

3 ‘‘(j) ELIGIBILITY FOR H–2A STATUS AND ADMISSION

4 TO THE UNITED STATES.— 

5 ‘‘(1) DISQUALIFICATION.—An alien shall be in6 eligible for admission to the United States as an H– 

7 2A worker pursuant to a petition filed under this 

8 section if the alien was admitted to the United 

9 States as an H–2A worker within the past 5 years 

10 of the date the petition was filed and— 

11 ‘‘(A) violated a material provision of this 

12 section, including the requirement to promptly 

13 depart the United States when the alien’s au14 thorized period of admission has expired, unless 

15 the alien has good cause for such failure to de16 part; or 

17 ‘‘(B) otherwise violated a term or condition 

18 of admission into the United States as an H– 

19 2A worker. 

20 ‘‘(2) VISA VALIDITY.—A visa issued to an H– 

21 2A worker shall be valid for 3 years and shall allow 

22 for multiple entries during the approved period of 

23 admission. 

24 ‘‘(3) PERIOD OF AUTHORIZED STAY; ADMIS25 SION.— 


pamtmann on DSKBC07HB2PROD with BILLS
96 

HR 1603 RFS

1 ‘‘(A) IN GENERAL.—An alien admissible as 

2 an H–2A worker shall be authorized to stay in 

3 the United States for the period of employment 

4 specified in the petition approved by the Sec5 retary of Homeland Security under this section. 

6 The maximum continuous period of authorized 

7 stay for an H–2A worker is 36 months. 

8 ‘‘(B) REQUIREMENT TO REMAIN OUTSIDE

9 THE UNITED STATES.—In the case of an H–2A 

10 worker whose maximum continuous period of 

11 authorized stay (including any extensions) has 

12 expired, the alien may not again be eligible for 

13 such stay until the alien remains outside the 

14 United States for a cumulative period of at 

15 least 45 days. 

16 ‘‘(C) EXCEPTIONS.—The Secretary of 

17 Homeland Security shall deduct absences from 

18 the United States that take place during an H– 

19 2A worker’s period of authorized stay from the 

20 period that the alien is required to remain out21 side the United States under subparagraph (B), 

22 if the alien or the alien’s employer requests 

23 such a deduction, and provides clear and con24 vincing proof that the alien qualifies for such a 

25 deduction. Such proof shall consist of evidence 


pamtmann on DSKBC07HB2PROD with BILLS
97 

HR 1603 RFS

1 including, but not limited to, arrival and depar2 ture records, copies of tax returns, and records 

3 of employment abroad. 

4 ‘‘(D) ADMISSION.—In addition to the max5 imum continuous period of authorized stay, an 

6 H–2A worker’s authorized period of admission 

7 shall include an additional period of 10 days 

8 prior to the beginning of the period of employ9 ment for the purpose of traveling to the place 

10 of employment and 45 days at the end of the 

11 period of employment for the purpose of trav12 eling home or seeking an extension of status 

13 based on a subsequent offer of employment if 

14 the worker has not reached the maximum con15 tinuous period of authorized stay under sub16 paragraph (A) (subject to the exceptions in sub17 paragraph (C)). 

18 ‘‘(4) CONTINUING H–2A WORKERS.— 

19 ‘‘(A) SUCCESSIVE EMPLOYMENT.—An H– 

20 2A worker is authorized to start new or concur21 rent employment upon the filing of a nonfrivo22 lous H–2A petition, or as of the requested start 

23 date, whichever is later if— 

24 ‘‘(i) the petition to start new or con25 current employment was filed prior to the 


pamtmann on DSKBC07HB2PROD with BILLS
98 

HR 1603 RFS

1 expiration of the H–2A worker’s period of 

2 admission as defined in paragraph (3)(D); 

3 and 

4 ‘‘(ii) the H–2A worker has not been 

5 employed without authorization in the 

6 United States from the time of last admis7 sion to the United States in H–2A status 

8 through the filing of the petition for new 

9 employment. 

10 ‘‘(B) PROTECTION DUE TO IMMIGRANT

11 VISA BACKLOGS.—Notwithstanding the limita12 tions on the period of authorized stay described 

13 in paragraph (3), any H–2A worker who— 

14 ‘‘(i) is the beneficiary of an approved 

15 petition, filed under section 204(a)(1)(E) 

16 or (F) for preference status under section 

17 203(b)(3)(A)(iii); and 

18 ‘‘(ii) is eligible to be granted such sta19 tus but for the annual limitations on visas 

20 under section 203(b)(3)(A), 

21 may apply for, and the Secretary of Homeland 

22 Security may grant, an extension of such non23 immigrant status until the Secretary of Home24 land Security issues a final administrative deci25 sion on the alien’s application for adjustment of 


pamtmann on DSKBC07HB2PROD with BILLS
99 

HR 1603 RFS

1 status or the Secretary of State issues a final 

2 decision on the alien’s application for an immi3 grant visa. 

4 ‘‘(5) ABANDONMENT OF EMPLOYMENT.— 

5 ‘‘(A) IN GENERAL.—Except as provided in 

6 subparagraph (B), an H–2A worker who aban7 dons the employment which was the basis for 

8 the worker’s authorized stay, without good 

9 cause, shall be considered to have failed to 

10 maintain H–2A status and shall depart the 

11 United States or be subject to removal under 

12 section 237(a)(1)(C)(i). 

13 ‘‘(B) GRACE PERIOD TO SECURE NEW EM14 PLOYMENT.—An H–2A worker shall not be con15 sidered to have failed to maintain H–2A status 

16 solely on the basis of a cessation of the employ17 ment on which the alien’s classification was 

18 based for a period of 45 consecutive days, or 

19 until the end of the authorized validity period, 

20 whichever is shorter, once during each author21 ized validity period. 

22 ‘‘(k) REQUIRED DISCLOSURES.— 

23 ‘‘(1) DISCLOSURE OF WORK CONTRACT.—Not 

24 later than the time the H–2A worker applies for a 

25 visa, the employer shall provide the worker with a 


pamtmann on DSKBC07HB2PROD with BILLS
100 

HR 1603 RFS

1 copy of the work contract that includes the disclo2 sures and rights under this section (or in the ab3 sence of such a contract, a copy of the job order and 

4 proof of the certification described in subparagraphs 

5 (B) and (D) of subsection (h)(2)). An H–2A worker 

6 moving from one H–2A employer to a subsequent 

7 H–2A employer shall be provided with a copy of the 

8 new employment contract no later than the time an 

9 offer of employment is made by the subsequent em10 ployer. 

11 ‘‘(2) HOURS AND EARNINGS STATEMENTS.— 

12 The employer shall furnish to H–2A workers, on or 

13 before each payday, in one or more written state14 ments— 

15 ‘‘(A) the worker’s total earnings for the 

16 pay period; 

17 ‘‘(B) the worker’s hourly rate of pay, piece 

18 rate of pay, or both; 

19 ‘‘(C) the hours of employment offered to 

20 the worker and the hours of employment actu21 ally worked; 

22 ‘‘(D) if piece rates of pay are used, the 

23 units produced daily; 

24 ‘‘(E) an itemization of the deductions 

25 made from the worker’s wages; and 


pamtmann on DSKBC07HB2PROD with BILLS
101 

HR 1603 RFS

1 ‘‘(F) any other information required by 

2 Federal, State or local law. 

3 ‘‘(3) NOTICE OF WORKER RIGHTS.—The em4 ployer must post and maintain in a conspicuous lo5 cation at the place of employment, a poster provided 

6 by the Secretary of Labor in English, and, to the ex7 tent necessary, any language common to a signifi8 cant portion of the workers if they are not fluent in 

9 English, which sets out the rights and protections 

10 for workers employed pursuant to this section. 

11 ‘‘(l) LABOR CONTRACTORS; FOREIGN LABOR RE12 CRUITERS; PROHIBITION ON FEES.— 

13 ‘‘(1) LABOR CONTRACTORS.— 

14 ‘‘(A) SURETY BOND.—An employer that is 

15 a labor contractor who seeks to employ H–2A 

16 workers shall maintain a surety bond in an 

17 amount required under subparagraph (B). Such 

18 bond shall be payable to the Secretary of Labor 

19 or pursuant to the resolution of a civil or crimi20 nal proceeding, for the payment of wages and 

21 benefits, including any assessment of interest, 

22 owed to an H–2A worker or a similarly em23 ployed United States worker, or a United 

24 States worker who has been rejected or dis25 placed in violation of this section. 


pamtmann on DSKBC07HB2PROD with BILLS
102 

HR 1603 RFS

1 ‘‘(B) AMOUNT OF BOND.—The Secretary 

2 of Labor shall annually publish in the Federal 

3 Register a schedule of required bond amounts 

4 that are determined by such Secretary to be 

5 sufficient for labor contractors to discharge fi6 nancial obligations under this section based on 

7 the number of workers the labor contractor 

8 seeks to employ and the wages such workers are 

9 required to be paid. 

10 ‘‘(C) PREMIUM BOND.—A labor contractor 

11 seeking to file a petition involving more than 

12 one start date under subsection (h)(1)(C) shall 

13 maintain a surety bond that is at least 15 per14 cent higher than the applicable bond amount 

15 determined by the Secretary under subpara16 graph (B). 

17 ‘‘(D) USE OF FUNDS.—Any sums paid to 

18 the Secretary under subparagraph (A) that are 

19 not paid to a worker because of the inability to 

20 do so within a period of 5 years following the 

21 date of a violation giving rise to the obligation 

22 to pay shall remain available to the Secretary 

23 without further appropriation until expended to 

24 support the enforcement of this section. 


pamtmann on DSKBC07HB2PROD with BILLS
103 

HR 1603 RFS

1 ‘‘(2) PROHIBITION AGAINST EMPLOYEES PAY2 ING FEES.—Neither the employer nor its agents 

3 shall seek or receive payment of any kind from any 

4 worker for any activity related to the H–2A process, 

5 including payment of the employer’s attorneys’ fees, 

6 application fees, or recruitment costs. An employer 

7 and its agents may receive reimbursement for costs 

8 that are the responsibility and primarily for the ben9 efit of the worker, such as government-required 

10 passport fees. 

11 ‘‘(3) THIRD PARTY CONTRACTS.—The contract 

12 between an employer and any labor contractor or 

13 any foreign labor recruiter (or any agent of such 

14 labor contractor or foreign labor recruiter) whom the 

15 employer engages shall include a term providing for 

16 the termination of such contract for cause if the con17 tractor or recruiter, either directly or indirectly, in 

18 the placement or recruitment of H–2A workers seeks 

19 or receives payments or other compensation from 

20 prospective employees. Upon learning that a labor 

21 contractor or foreign labor recruiter has sought or 

22 collected such payments, the employer shall so termi23 nate any contracts with such contractor or recruiter. 

24 ‘‘(m) ENFORCEMENT AUTHORITY.— 


pamtmann on DSKBC07HB2PROD with BILLS
104 

HR 1603 RFS

1 ‘‘(1) IN GENERAL.—The Secretary of Labor is 

2 authorized to take such actions against employers, 

3 including imposing appropriate penalties and seeking 

4 monetary and injunctive relief and specific perform5 ance of contractual obligations, as may be necessary 

6 to ensure compliance with the requirements of this 

7 section and with the applicable terms and conditions 

8 of employment. 

9 ‘‘(2) COMPLAINT PROCESS.— 

10 ‘‘(A) PROCESS.—The Secretary of Labor 

11 shall establish a process for the receipt, inves12 tigation, and disposition of complaints alleging 

13 failure of an employer to comply with the re14 quirements under this section and with the ap15 plicable terms and conditions of employment. 

16 ‘‘(B) FILING.—A complaint referred to in 

17 subparagraph (A) may be filed not later than 2 

18 years after the date of the conduct that is the 

19 subject of the complaint. 

20 ‘‘(C) COMPLAINT NOT EXCLUSIVE.—A 

21 complaint filed under this paragraph is not an 

22 exclusive remedy and the filing of such a com23 plaint does not waive any rights or remedies of 

24 the aggrieved party under this law or other 

25 laws. 


pamtmann on DSKBC07HB2PROD with BILLS
105 

HR 1603 RFS

1 ‘‘(D) DECISION AND REMEDIES.—If the 

2 Secretary of Labor finds, after notice and op3 portunity for a hearing, that the employer failed 

4 to comply with the requirements of this section 

5 or the terms and conditions of employment, the 

6 Secretary of Labor may require payment of un7 paid wages, unpaid benefits, fees assessed in 

8 violation of this section, damages, and civil 

9 money penalties. The Secretary is also author10 ized to impose other administrative remedies, 

11 including disqualification of the employer from 

12 utilizing the H–2A program for a period of up 

13 to 5 years in the event of willful or multiple 

14 material violations. The Secretary is authorized 

15 to permanently disqualify an employer from uti16 lizing the H–2A program upon a subsequent 

17 finding involving willful or multiple material 

18 violations. 

19 ‘‘(E) DISPOSITION OF PENALTIES.—Civil 

20 penalties collected under this paragraph shall be 

21 deposited into the H–2A Labor Certification 

22 Fee Account established under section 203 of 

23 the Farm Workforce Modernization Act of 

24 2021. 


pamtmann on DSKBC07HB2PROD with BILLS
106 

HR 1603 RFS

1 ‘‘(3) STATUTORY CONSTRUCTION.—Nothing in 

2 this subsection may be construed as limiting the au3 thority of the Secretary of Labor to conduct an in4 vestigation— 

5 ‘‘(A) under any other law, including any 

6 law affecting migrant and seasonal agricultural 

7 workers; or 

8 ‘‘(B) in the absence of a complaint. 

9 ‘‘(4) RETALIATION PROHIBITED.—It is a viola10 tion of this subsection for any person to intimidate, 

11 threaten, restrain, coerce, blacklist, discharge, or in 

12 any other manner discriminate against, or to cause 

13 any person to intimidate, threaten, restrain, coerce, 

14 blacklist, or in any manner discriminate against, an 

15 employee, including a former employee or an appli16 cant for employment, because the employee— 

17 ‘‘(A) has disclosed information to the em18 ployer, or to any other person, that the em19 ployee reasonably believes evidences a violation 

20 under this section, or any rule or regulation re21 lating to this section; 

22 ‘‘(B) has filed a complaint concerning the 

23 employer’s compliance with the requirements 

24 under this section or any rule or regulation per25 taining to this section; 


pamtmann on DSKBC07HB2PROD with BILLS
107 

HR 1603 RFS

1 ‘‘(C) cooperates or seeks to cooperate in an 

2 investigation or other proceeding concerning the 

3 employer’s compliance with the requirements 

4 under this section or any rule or regulation per5 taining to this section; or 

6 ‘‘(D) has taken steps to exercise or assert 

7 any right or protection under the provisions of 

8 this section, or any rule or regulation pertaining 

9 to this section, or any other relevant Federal, 

10 State, or local law. 

11 ‘‘(5) INTERAGENCY COMMUNICATION.—The 

12 Secretary of Labor, in consultation with the Sec13 retary of Homeland Security, Secretary of State and 

14 the Equal Employment Opportunity Commission, 

15 shall establish mechanisms by which the agencies 

16 and their components share information, including 

17 by public electronic means, regarding complaints, 

18 studies, investigations, findings and remedies regard19 ing compliance by employers with the requirements 

20 of the H–2A program and other employment-related 

21 laws and regulations. 

22 ‘‘(n) DEFINITIONS.—In this section: 

23 ‘‘(1) DISPLACE.—The term ‘displace’ means to 

24 lay off a similarly employed United States worker, 

25 other than for lawful job-related reasons, in the ocVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
108 

HR 1603 RFS

1 cupation and area of intended employment for the 

2 job for which H–2A workers are sought. 

3 ‘‘(2) H–2A WORKER.—The term ‘H–2A worker’ 

4 means a nonimmigrant described in section 

5 101(a)(15)(H)(ii)(a). 

6 ‘‘(3) JOB ORDER.—The term ‘job order’ means 

7 the document containing the material terms and 

8 conditions of employment, including obligations and 

9 assurances required under this section or any other 

10 law. 

11 ‘‘(4) ONLINE JOB REGISTRY.—The term ‘online 

12 job registry’ means the online job registry of the 

13 Secretary of Labor required under section 201(b) of 

14 the Farm Workforce Modernization Act of 2021 (or 

15 similar successor registry). 

16 ‘‘(5) SIMILARLY EMPLOYED.—The term ‘simi17 larly employed’, in the case of a worker, means a 

18 worker in the same occupational classification as the 

19 classification or classifications for which the H–2A 

20 worker is sought. 

21 ‘‘(6) UNITED STATES WORKER.—The term 

22 ‘United States worker’ means any worker who is— 

23 ‘‘(A) a citizen or national of the United 

24 States; 


pamtmann on DSKBC07HB2PROD with BILLS
109 

HR 1603 RFS

1 ‘‘(B) an alien who is lawfully admitted for 

2 permanent residence, is admitted as a refugee 

3 under section 207, is granted asylum under sec4 tion 208, or is an immigrant otherwise author5 ized to be employed in the United States; 

6 ‘‘(C) an alien granted certified agricultural 

7 worker status under title I of the Farm Work8 force Modernization Act of 2021; or 

9 ‘‘(D) an individual who is not an unauthor10 ized alien (as defined in section 274A(h)(3)) 

11 with respect to the employment in which the 

12 worker is engaging. 

13 ‘‘(o) FEES; AUTHORIZATION OF APPROPRIATIONS.— 

14 ‘‘(1) FEES.— 

15 ‘‘(A) IN GENERAL.—The Secretary of 

16 Homeland Security shall impose a fee to proc17 ess petitions under this section. Such fee shall 

18 be set at a level that is sufficient to recover the 

19 reasonable costs of processing the petition, in20 cluding the reasonable costs of providing labor 

21 certification by the Secretary of Labor. 

22 ‘‘(B) DISTRIBUTION.—Fees collected 

23 under subparagraph (A) shall be deposited as 

24 offsetting receipts into the immigration exami25 nations fee account in section 286(m), except 


pamtmann on DSKBC07HB2PROD with BILLS
110 

HR 1603 RFS

1 that the portion of fees assessed for the Sec2 retary of Labor shall be deposited into the H– 

3 2A Labor Certification Fee Account established 

4 pursuant to section 203(c) of the Farm Work5 force Modernization Act of 2021. 

6 ‘‘(2) APPROPRIATIONS.—There are authorized 

7 to be appropriated for each fiscal year such sums as 

8 necessary for the purposes of— 

9 ‘‘(A) recruiting United States workers for 

10 labor or services which might otherwise be per11 formed by H–2A workers, including by ensuring 

12 that State workforce agencies are sufficiently 

13 funded to fulfill their functions under this sec14 tion; 

15 ‘‘(B) enabling the Secretary of Labor to 

16 make determinations and certifications under 

17 this section and under section 212(a)(5)(A)(i); 

18 ‘‘(C) monitoring the terms and conditions 

19 under which H–2A workers (and United States 

20 workers employed by the same employers) are 

21 employed in the United States; and 

22 ‘‘(D) enabling the Secretary of Agriculture 

23 to carry out the Secretary of Agriculture’s du24 ties and responsibilities under this section.’’. 


pamtmann on DSKBC07HB2PROD with BILLS
111 

HR 1603 RFS

1 SEC. 203. AGENCY ROLES AND RESPONSIBILITIES. 

2 (a) RESPONSIBILITIES OF THE SECRETARY OF

3 LABOR.—With respect to the administration of the H–2A 

4 program, the Secretary of Labor shall be responsible for— 

5 (1) consulting with State workforce agencies 

6 to— 

7 (A) review and process job orders; 

8 (B) facilitate the recruitment and referral 

9 of able, willing and qualified United States 

10 workers who will be available at the time and 

11 place needed; 

12 (C) determine prevailing wages and prac13 tices; and 

14 (D) conduct timely inspections to ensure 

15 compliance with applicable Federal, State, or 

16 local housing standards and Federal regulations 

17 for H–2A housing; 

18 (2) determining whether the employer has met 

19 the conditions for approval of the H–2A petition de20 scribed in section 218 of the Immigration and Na21 tionality Act (8 U.S.C. 1188); 

22 (3) determining, in consultation with the Sec23 retary of Agriculture, whether a job opportunity is 

24 of a seasonal or temporary nature; 

25 (4) determining whether the employer has com26 plied or will comply with the H–2A program requireVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
112 

HR 1603 RFS

1 ments set forth in section 218 of the Immigration 

2 and Nationality Act (8 U.S.C. 1188); 

3 (5) processing and investigating complaints con4 sistent with section 218(m) of the Immigration and 

5 Nationality Act (8 U.S.C. 1188(m)); 

6 (6) referring any matter as appropriate to the 

7 Inspector General of the Department of Labor for 

8 investigation; 

9 (7) ensuring that guidance to State workforce 

10 agencies to conduct wage surveys is regularly up11 dated; and 

12 (8) issuing such rules and regulations as are 

13 necessary to carry out the Secretary of Labor’s re14 sponsibilities under this Act and the amendments 

15 made by this Act. 

16 (b) RESPONSIBILITIES OF THE SECRETARY OF

17 HOMELAND SECURITY.—With respect to the administra18 tion of the H–2A program, the Secretary of Homeland Se19 curity shall be responsible for— 

20 (1) adjudicating petitions for the admission of 

21 H–2A workers, which shall include an assessment as 

22 to whether each beneficiary will be employed in ac23 cordance with the terms and conditions of the cer24 tification and whether any named beneficiaries qual25 ify for such employment; 


pamtmann on DSKBC07HB2PROD with BILLS
113 

HR 1603 RFS

1 (2) transmitting a copy of the final decision on 

2 the petition to the employer, and in the case of ap3 proved petitions, ensuring that the petition approval 

4 is reflected in the electronic platform to facilitate the 

5 prompt issuance of a visa by the Department of 

6 State (if required) and the admission of the H–2A 

7 workers to the United States; 

8 (3) establishing a reliable and secure method 

9 through which H–2A workers can access information 

10 about their H–2A visa status, including information 

11 on pending, approved, or denied petitions to extend 

12 such status; 

13 (4) investigating and preventing fraud in the 

14 program, including the utilization of H–2A workers 

15 for other than allowable agricultural labor or serv16 ices; and 

17 (5) issuing such rules and regulations as are 

18 necessary to carry out the Secretary of Homeland 

19 Security’s responsibilities under this Act and the 

20 amendments made by this Act. 

21 (c) ESTABLISHMENT OF ACCOUNT AND USE OF

22 FUNDS.— 

23 (1) ESTABLISHMENT OF ACCOUNT.—There is 

24 established in the general fund of the Treasury a 

25 separate account, which shall be known as the ‘‘H– 


pamtmann on DSKBC07HB2PROD with BILLS
114 

HR 1603 RFS

1 2A Labor Certification Fee Account’’. Notwith2 standing any other provisions of law, there shall be 

3 deposited as offsetting receipts into the account all 

4 amounts— 

5 (A) collected as a civil penalty under sec6 tion 218(m)(2)(E) of the Immigration and Na7 tionality Act; and 

8 (B) collected as a fee under section 

9 218(o)(1)(B) of the Immigration and Nation10 ality Act. 

11 (2) USE OF FEES.—Amounts deposited into the 

12 H–2A Labor Certification Fee Account shall be 

13 available (except as otherwise provided in this para14 graph) without fiscal year limitation and without the 

15 requirement for specification in appropriations Acts 

16 to the Secretary of Labor for use, directly or 

17 through grants, contracts, or other arrangements, in 

18 such amounts as the Secretary of Labor determines 

19 are necessary for the costs of Federal and State ad20 ministration in carrying out activities in connection 

21 with labor certification under section 218 of the Im22 migration and Nationality Act. Such costs may in23 clude personnel salaries and benefits, equipment and 

24 infrastructure for adjudication and customer service 

25 processes, the operation and maintenance of an onVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
115 

HR 1603 RFS

1 line job registry, and program integrity activities. 

2 The Secretary, in determining what amounts to 

3 transfer to States for State administration in car4 rying out activities in connection with labor certifi5 cation under section 218 of the Immigration and 

6 Nationality Act shall consider the number of H–2A 

7 workers employed in that State and shall adjust the 

8 amount transferred to that State accordingly. In ad9 dition, 10 percent of the amounts deposited into the 

10 H–2A Labor Certification Fee Account shall be 

11 available to the Office of Inspector General of the 

12 Department of Labor to conduct audits and criminal 

13 investigations relating to such foreign labor certifi14 cation programs. 

15 (3) ADDITIONAL FUNDS.—Amounts available 

16 under paragraph (1) shall be available in addition to 

17 any other funds appropriated or made available to 

18 the Department of Labor under other laws, includ19 ing section 218(o)(2) of the Immigration and Na20 tionality Act. 

21 SEC. 204. WORKER PROTECTION AND COMPLIANCE. 

22 (a) EQUALITY OF TREATMENT.—H–2A workers shall 

23 not be denied any right or remedy under any Federal, 

24 State, or local labor or employment law applicable to 


pamtmann on DSKBC07HB2PROD with BILLS
116 

HR 1603 RFS

1 United States workers engaged in agricultural employ2 ment. 

3 (b) APPLICABILITY OF OTHER LAWS.— 

4 (1) MIGRANT AND SEASONAL AGRICULTURAL

5 WORKER PROTECTION ACT.—H–2A workers shall be 

6 considered migrant agricultural workers for purposes 

7 of the Migrant and Seasonal Agricultural Worker 

8 Protection Act (29 U.S.C. 1801 et seq.). 

9 (2) WAIVER OF RIGHTS PROHIBITED.—Agree10 ments by H–2A workers to waive or modify any 

11 rights or protections under this Act or section 218 

12 of the Immigration and Nationality Act (8 U.S.C. 

13 1188) shall be considered void or contrary to public 

14 policy except as provided in a collective bargaining 

15 agreement with a bona fide labor organization. 

16 (3) MEDIATION.— 

17 (A) FREE MEDIATION SERVICES.—The 

18 Federal Mediation and Conciliation Service 

19 shall be available to assist in resolving disputes 

20 arising under this section between H–2A work21 ers and agricultural employers without charge 

22 to the parties. 

23 (B) COMPLAINT.—If an H–2A worker files 

24 a civil lawsuit alleging one or more violations of 

25 section 218 of the Immigration and Nationality 


pamtmann on DSKBC07HB2PROD with BILLS
117 

HR 1603 RFS

1 Act (8 U.S.C. 1188), the Fair Labor Standards 

2 Act of 1938 (29 U.S.C. 201 et seq.), or the Mi3 grant and Seasonal Agricultural Worker Protec4 tion Act (29 U.S.C. 1801 et seq.), not later 

5 than 60 days after the filing of proof of service 

6 of the complaint, a party to the lawsuit may file 

7 a request with the Federal Mediation and Con8 ciliation Service to assist the parties in reaching 

9 a satisfactory resolution of all issues involving 

10 all parties to the dispute. 

11 (C) NOTICE.—Upon filing a request under 

12 subparagraph (B) and giving of notice to the 

13 parties, the parties shall attempt mediation 

14 within the period specified in subparagraph 

15 (D), except that nothing in this paragraph shall 

16 limit the ability of a court to order preliminary 

17 injunctive relief to protect health and safety or 

18 to otherwise prevent irreparable harm. 

19 (D) 90-DAY LIMIT.—The Federal Medi20 ation and Conciliation Service may conduct me21 diation or other nonbinding dispute resolution 

22 activities for a period not to exceed 90 days be23 ginning on the date on which the Federal Medi24 ation and Conciliation Service receives a request 


pamtmann on DSKBC07HB2PROD with BILLS
118 

HR 1603 RFS

1 for assistance under subparagraph (B) unless 

2 the parties agree to an extension of such period. 

3 (E) AUTHORIZATION OF APPROPRIA4 TIONS.— 

5 (i) IN GENERAL.—Subject to clause 

6 (ii), there is authorized to be appropriated 

7 to the Federal Mediation and Conciliation 

8 Service, such sums as may be necessary for 

9 each fiscal year to carry out this subpara10 graph. 

11 (ii) MEDIATION.—Notwithstanding 

12 any other provision of law, the Director of 

13 the Federal Mediation and Conciliation 

14 Service is authorized— 

15 (I) to conduct the mediation or 

16 other dispute resolution activities from 

17 any other account containing amounts 

18 available to the Director; and 

19 (II) to reimburse such account 

20 with amounts appropriated pursuant 

21 to clause (i). 

22 (F) PRIVATE MEDIATION.—If all parties 

23 agree, a private mediator may be employed as 

24 an alternative to the Federal Mediation and 

25 Conciliation Service. 


pamtmann on DSKBC07HB2PROD with BILLS
119 

HR 1603 RFS

1 (c) FARM LABOR CONTRACTOR REQUIREMENTS.— 

2 (1) SURETY BONDS.— 

3 (A) REQUIREMENT.—Section 101 of the 

4 Migrant and Seasonal Agricultural Worker Pro5 tection Act (29 U.S.C. 1811), is amended by 

6 adding at the end the following: 

7 ‘‘(e) A farm labor contractor shall maintain a surety 

8 bond in an amount determined by the Secretary to be suf9 ficient for ensuring the ability of the farm labor contractor 

10 to discharge its financial obligations, including payment 

11 of wages and benefits to employees. Such a bond shall be 

12 available to satisfy any amounts ordered to be paid by the 

13 Secretary or by court order for failure to comply with the 

14 obligations of this Act. The Secretary of Labor shall annu15 ally publish in the Federal Register a schedule of required 

16 bond amounts that are determined by such Secretary to 

17 be sufficient for farm labor contractors to discharge finan18 cial obligations based on the number of workers to be cov19 ered.’’. 

20 (B) REGISTRATION DETERMINATIONS.— 

21 Section 103(a) of the Migrant and Seasonal Ag22 ricultural Worker Protection Act (29 U.S.C. 

23 1813(a)), is amended— 

24 (i) in paragraph (4), by striking ‘‘or’’ 

25 at the end; 


pamtmann on DSKBC07HB2PROD with BILLS
120 

HR 1603 RFS

1 (ii) in paragraph (5)(B), by striking 

2 ‘‘or’’ at the end; 

3 (iii) in paragraph (6), by striking the 

4 period at the end and inserting ‘‘;’’; and 

5 (iv) by adding at the end the fol6 lowing: 

7 ‘‘(7) has failed to maintain a surety bond in 

8 compliance with section 101(e); or 

9 ‘‘(8) has been disqualified by the Secretary of 

10 Labor from importing nonimmigrants described in 

11 section 101(a)(15)(H)(ii) of the Immigration and 

12 Nationality Act.’’. 

13 (2) SUCCESSORS IN INTEREST.— 

14 (A) DECLARATION.—Section 102 of the 

15 Migrant and Seasonal Agricultural Worker Pro16 tection Act (29 U.S.C. 1812), is amended— 

17 (i) in paragraph (4), by striking 

18 ‘‘and’’ at the end; 

19 (ii) in paragraph (5), by striking the 

20 period at the end and inserting ‘‘; and’’; 

21 and 

22 (iii) by adding at the end the fol23 lowing: 

24 ‘‘(6) a declaration, subscribed and sworn to by 

25 the applicant, stating whether the applicant has a 


pamtmann on DSKBC07HB2PROD with BILLS
121 

HR 1603 RFS

1 familial, contractual, or employment relationship 

2 with, or shares vehicles, facilities, property, or em3 ployees with, a person who has been refused 

4 issuance or renewal of a certificate, or has had a 

5 certificate suspended or revoked, pursuant to section 

6 103.’’. 

7 (B) REBUTTABLE PRESUMPTION.—Section 

8 103 of the Migrant and Seasonal Agricultural 

9 Worker Protection Act (29 U.S.C. 1813), as 

10 amended by this Act, is further amended by in11 serting after subsection (a) the following new 

12 subsection (and by redesignating the subse13 quent subsections accordingly): 

14 ‘‘(b)(1) There shall be a rebuttable presumption that 

15 an applicant for issuance or renewal of a certificate is not 

16 the real party in interest in the application if the appli17 cant— 

18 ‘‘(A) is the immediate family member of any 

19 person who has been refused issuance or renewal of 

20 a certificate, or has had a certificate suspended or 

21 revoked; and 

22 ‘‘(B) identifies a vehicle, facility, or real prop23 erty under paragraph (2) or (3) of section 102 that 

24 has been previously listed by a person who has been 


pamtmann on DSKBC07HB2PROD with BILLS
122 

HR 1603 RFS

1 refused issuance or renewal of a certificate, or has 

2 had a certificate suspended or revoked. 

3 ‘‘(2) An applicant described in paragraph (1) bears 

4 the burden of demonstrating to the Secretary’s satisfac5 tion that the applicant is the real party in interest in the 

6 application.’’. 

7 SEC. 205. REPORT ON WAGE PROTECTIONS. 

8 (a) Not later than 3 years after the date of the enact9 ment of this Act, and every 3 years thereafter, the Sec10 retary of Labor and Secretary of Agriculture shall prepare 

11 and transmit to the Committees on the Judiciary of the 

12 House of Representatives and Senate, a report that ad13 dresses— 

14 (1) whether, and the manner in which, the em15 ployment of H–2A workers in the United States has 

16 impacted the wages, working conditions, or job op17 portunities of United States farm workers; 

18 (2) whether, and the manner in which, the ad19 verse effect wage rate increases or decreases wages 

20 on United States farms, broken down by geographic 

21 region and farm size; 

22 (3) whether any potential impact of the adverse 

23 effect wage rate varies based on the percentage of 

24 workers in a geographic region that are H–2A work25 ers; 


pamtmann on DSKBC07HB2PROD with BILLS
123 

HR 1603 RFS

1 (4) the degree to which the adverse effect wage 

2 rate is affected by the inclusion in wage surveys of 

3 piece rate compensation, bonus payments, and other 

4 pay incentives, and whether such forms of incentive 

5 compensation should be surveyed and reported sepa6 rately from hourly base rates; 

7 (5) whether, and the manner in which, other 

8 factors may artificially affect the adverse effect wage 

9 rate, including factors that may be specific to a re10 gion, State, or region within a State; 

11 (6) whether, and the manner in which, the H– 

12 2A program affects the ability of United States 

13 farms to compete with agricultural commodities im14 ported from outside the United States; 

15 (7) the number and percentage of farmworkers 

16 in the United States whose incomes are below the 

17 poverty line; 

18 (8) whether alternative wage standards would 

19 be sufficient to prevent wages in occupations in 

20 which H–2A workers are employed from falling 

21 below the wage level that would have prevailed in the 

22 absence of the H–2A program; 

23 (9) whether any changes are warranted in the 

24 current methodologies for calculating the adverse ef25 fect wage rate and the prevailing wage; and 


pamtmann on DSKBC07HB2PROD with BILLS
124 

HR 1603 RFS

1 (10) recommendations for future wage protec2 tion under this section. 

3 (b) In preparing the report described in subsection 

4 (a), the Secretary of Labor and Secretary of Agriculture 

5 shall engage with equal numbers of representatives of ag6 ricultural employers and agricultural workers, both locally 

7 and nationally. 

8 SEC. 206. PORTABLE H–2A VISA PILOT PROGRAM. 

9 (a) ESTABLISHMENT OF PILOT PROGRAM.— 

10 (1) IN GENERAL.—Not later than 18 months 

11 after the date of the enactment of this Act, the Sec12 retary of Homeland Security, in consultation with 

13 the Secretary of Labor and Secretary of Agriculture, 

14 shall establish through regulation a 6-year pilot pro15 gram to facilitate the free movement and employ16 ment of temporary or seasonal H–2A workers to 

17 perform agricultural labor or services for agricul18 tural employers registered with the Secretary of Ag19 riculture. Notwithstanding the requirements of sec20 tion 218 of the Immigration and Nationality Act, 

21 such regulation shall establish the requirements for 

22 the pilot program, consistent with subsection (b). 

23 For purposes of this section, such a worker shall be 

24 referred to as a portable H–2A worker, and status 


pamtmann on DSKBC07HB2PROD with BILLS
125 

HR 1603 RFS

1 as such a worker shall be referred to as portable H– 

2 2A status. 

3 (2) ONLINE PLATFORM.—The Secretary of 

4 Homeland Security, in consultation with the Sec5 retary of Labor and the Secretary of Agriculture, 

6 shall maintain an online electronic platform to con7 nect portable H–2A workers with registered agricul8 tural employers seeking workers to perform tem9 porary or seasonal agricultural labor or services. 

10 Employers shall post on the platform available job 

11 opportunities, including a description of the nature 

12 and location of the work to be performed, the antici13 pated period or periods of need, and the terms and 

14 conditions of employment. Such platform shall allow 

15 portable H–2A workers to search for available job 

16 opportunities using relevant criteria, including the 

17 types of jobs needed to be filled and the dates and 

18 locations of need. 

19 (3) LIMITATION.—Notwithstanding the 

20 issuance of the regulation described in paragraph 

21 (1), the Secretary of State may not issue a portable 

22 H–2A visa and the Secretary of Homeland Security 

23 may not confer portable H–2A status on any alien 

24 until the Secretary of Homeland Security, in con25 sultation with the Secretary of Labor and Secretary 


pamtmann on DSKBC07HB2PROD with BILLS
126 

HR 1603 RFS

1 of Agriculture, has determined that a sufficient 

2 number of employers have been designated as reg3 istered agricultural employers under subsection 

4 (b)(1) and that such employers have sufficient job 

5 opportunities to employ a reasonable number of 

6 portable H–2A workers to initiate the pilot program. 

7 (b) PILOT PROGRAM ELEMENTS.—The pilot program 

8 in subsection (a) shall contain the following elements: 

9 (1) REGISTERED AGRICULTURAL EMPLOY10 ERS.— 

11 (A) DESIGNATION.—Agricultural employ12 ers shall be provided the ability to seek designa13 tion as registered agricultural employers. Rea14 sonable fees may be assessed commensurate 

15 with the cost of processing applications for des16 ignation. A designation shall be valid for a pe17 riod of up to 3 years unless revoked for failure 

18 to comply with program requirements. Reg19 istered employers that comply with program re20 quirements may apply to renew such designa21 tion for additional periods of up to 3 years for 

22 the duration of the pilot program. 

23 (B) LIMITATIONS.—Registered agricultural 

24 employers may employ aliens with portable H– 

25 2A status without filing a petition. Such emVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
127 

HR 1603 RFS

1 ployers shall pay such aliens at least the wage 

2 required under section 218(d) of the Immigra3 tion and Nationality Act (8 U.S.C. 1188(d)). 

4 (C) WORKERS’ COMPENSATION.—If a job 

5 opportunity is not covered by or is exempt from 

6 the State workers’ compensation law, a reg7 istered agricultural employer shall provide, at 

8 no cost to the worker, insurance covering injury 

9 and disease arising out of, and in the course of, 

10 the worker’s employment, which will provide 

11 benefits at least equal to those provided under 

12 the State workers’ compensation law. 

13 (2) DESIGNATED WORKERS.— 

14 (A) IN GENERAL.—Individuals who have 

15 been previously admitted to the United States 

16 in H–2A status, and maintained such status 

17 during the period of admission, shall be pro18 vided the opportunity to apply for portable H– 

19 2A status. Portable H–2A workers shall be sub20 ject to the provisions on visa validity and peri21 ods of authorized stay and admission for H–2A 

22 workers described in paragraphs (2) and (3) of 

23 section 218(j) of the Immigration and Nation24 ality Act (8 U.S.C. 1188(j)(2) and (3)). 


pamtmann on DSKBC07HB2PROD with BILLS
128 

HR 1603 RFS

1 (B) LIMITATIONS ON AVAILABILITY OF

2 PORTABLE H–2A STATUS.— 

3 (i) INITIAL OFFER OF EMPLOYMENT

4 REQUIRED.—No alien may be granted 

5 portable H–2A status without an initial 

6 valid offer of employment to perform tem7 porary or agricultural labor or services 

8 from a registered agricultural employer. 

9 (ii) NUMERICAL LIMITATIONS.—The 

10 total number of aliens who may hold valid 

11 portable H–2A status at any one time may 

12 not exceed 10,000. Notwithstanding such 

13 limitation, the Secretary of Homeland Se14 curity may further limit the number of 

15 aliens with valid portable H–2A status if 

16 the Secretary determines that there are an 

17 insufficient number of registered agricul18 tural employers or job opportunities to 

19 support the employment of all such port20 able H–2A workers. 

21 (C) SCOPE OF EMPLOYMENT.—During the 

22 period of admission, a portable H–2A worker 

23 may perform temporary or seasonal agricultural 

24 labor or services for any employer in the United 

25 States that is designated as a registered agriVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
129 

HR 1603 RFS

1 cultural employer pursuant to paragraph (1). 

2 An employment arrangement under this section 

3 may be terminated by either the portable H–2A 

4 worker or the registered agricultural employer 

5 at any time. 

6 (D) TRANSFER TO NEW EMPLOYMENT.— 

7 At the cessation of employment with a reg8 istered agricultural employer, a portable H–2A 

9 worker shall have 60 days to secure new em10 ployment with a registered agricultural em11 ployer. 

12 (E) MAINTENANCE OF STATUS.—A port13 able H–2A worker who does not secure new em14 ployment with a registered agricultural em15 ployer within 60 days shall be considered to 

16 have failed to maintain such status and shall 

17 depart the United States or be subject to re18 moval under section 237(a)(1)(C)(i) of the Im19 migration and Nationality Act (8 U.S.C. 

20 1188(a)(1)(C)(i)). 

21 (3) ENFORCEMENT.—The Secretary of Labor 

22 shall be responsible for conducting investigations 

23 and random audits of employers to ensure compli24 ance with the employment-related requirements of 

25 this section, consistent with section 218(m) of the 


pamtmann on DSKBC07HB2PROD with BILLS
130 

HR 1603 RFS

1 Immigration and Nationality Act (8 U.S.C. 

2 1188(m)). The Secretary of Labor shall have the au3 thority to collect reasonable civil penalties for viola4 tions, which shall be utilized by the Secretary for the 

5 administration and enforcement of the provisions of 

6 this section. 

7 (4) ELIGIBILITY FOR SERVICES.—Section 305 

8 of Public Law 99–603 (100 Stat. 3434) is amended 

9 by striking ‘‘other employment rights as provided in 

10 the worker’s specific contract under which the non11 immigrant was admitted’’ and inserting ‘‘employ12 ment-related rights’’. 

13 (c) REPORT.—Not later than 6 months before the 

14 end of the third fiscal year of the pilot program, the Sec15 retary of Homeland Security, in consultation with the Sec16 retary of Labor and the Secretary of Agriculture, shall 

17 prepare and submit to the Committees on the Judiciary 

18 of the House of Representatives and the Senate, a report 

19 that provides— 

20 (1) the number of employers designated as reg21 istered agricultural employers, broken down by geo22 graphic region, farm size, and the number of job op23 portunities offered by such employers; 

24 (2) the number of employers whose designation 

25 as a registered agricultural employer was revoked; 


pamtmann on DSKBC07HB2PROD with BILLS
131 

HR 1603 RFS

1 (3) the number of individuals granted portable 

2 H–2A status in each fiscal year, along with the 

3 number of such individuals who maintained portable 

4 H–2A status during all or a portion of the 3-year 

5 period of the pilot program; 

6 (4) an assessment of the impact of the pilot 

7 program on the wages and working conditions of 

8 United States farm workers; 

9 (5) the results of a survey of individuals grant10 ed portable H–2A status, detailing their experiences 

11 with and feedback on the pilot program; 

12 (6) the results of a survey of registered agricul13 tural employers, detailing their experiences with and 

14 feedback on the pilot program; 

15 (7) an assessment as to whether the program 

16 should be continued and if so, any recommendations 

17 for improving the program; and 

18 (8) findings and recommendations regarding ef19 fective recruitment mechanisms, including use of 

20 new technology to match workers with employers 

21 and ensure compliance with applicable labor and em22 ployment laws and regulations. 

23 SEC. 207. IMPROVING ACCESS TO PERMANENT RESIDENCE. 

24 (a) WORLDWIDE LEVEL.—Section 201(d)(1)(A) of 

25 the Immigration and Nationality Act (8 U.S.C. 


pamtmann on DSKBC07HB2PROD with BILLS
132 

HR 1603 RFS

1 1151(d)(1)(A)) is amended by striking ‘‘140,000’’ and in2 serting ‘‘180,000’’. 

3 (b) VISAS FOR FARMWORKERS.—Section 203(b) of 

4 the Immigration and Nationality Act (8 U.S.C. 1153(b)) 

5 is amended— 

6 (1) in paragraph (1) by striking ‘‘28.6 percent 

7 of such worldwide level’’ and inserting ‘‘40,040’’; 

8 (2) in paragraph (2)(A) by striking ‘‘28.6 per9 cent of such worldwide level’’ and inserting 

10 ‘‘40,040’’; 

11 (3) in paragraph (3)— 

12 (A) in subparagraph (A)— 

13 (i) in the matter before clause (i), by 

14 striking ‘‘28.6 percent of such worldwide 

15 level’’ and inserting ‘‘80,040’’; and 

16 (ii) by amending clause (iii) to read as 

17 follows: 

18 ‘‘(iii) OTHER WORKERS.—Other quali19 fied immigrants who, at the time of peti20 tioning for classification under this para21 graph— 

22 ‘‘(I) are capable of performing 

23 unskilled labor, not of a temporary or 

24 seasonal nature, for which qualified 


pamtmann on DSKBC07HB2PROD with BILLS
133 

HR 1603 RFS

1 workers are not available in the 

2 United States; or 

3 ‘‘(II) can demonstrate employ4 ment in the United States as an H– 

5 2A nonimmigrant worker for at least 

6 100 days in each of at least 10 

7 years.’’; 

8 (B) by amending subparagraph (B) to read 

9 as follows: 

10 ‘‘(B) VISAS ALLOCATED FOR OTHER

11 WORKERS.— 

12 ‘‘(i) IN GENERAL.—Except as pro13 vided in clauses (ii) and (iii), 50,000 of the 

14 visas made available under this paragraph 

15 shall be reserved for qualified immigrants 

16 described in subparagraph (A)(iii). 

17 ‘‘(ii) PREFERENCE FOR AGRICUL18 TURAL WORKERS.—Subject to clause (iii), 

19 not less than four-fifths of the visas de20 scribed in clause (i) shall be reserved for— 

21 ‘‘(I) qualified immigrants de22 scribed in subparagraph (A)(iii)(I) 

23 who will be performing agricultural 

24 labor or services in the United States; 

25 and 


pamtmann on DSKBC07HB2PROD with BILLS
134 

HR 1603 RFS

1 ‘‘(II) qualified immigrants de2 scribed in subparagraph (A)(iii)(II). 

3 ‘‘(iii) EXCEPTION.—If because of the 

4 application of clause (ii), the total number 

5 of visas available under this paragraph for 

6 a calendar quarter exceeds the number of 

7 qualified immigrants who otherwise may be 

8 issued such a visa, clause (ii) shall not 

9 apply to visas under this paragraph during 

10 the remainder of such calendar quarter. 

11 ‘‘(iv) NO PER COUNTRY LIMITS.— 

12 Visas described under clause (ii) shall be 

13 issued without regard to the numerical lim14 itation under section 202(a)(2).’’; and 

15 (C) by amending subparagraph (C) by 

16 striking ‘‘An immigrant visa’’ and inserting 

17 ‘‘Except for qualified immigrants petitioning for 

18 classification under subparagraph (A)(iii)(II), 

19 an immigrant visa’’; 

20 (4) in paragraph (4), by striking ‘‘7.1 percent 

21 of such worldwide level’’ and inserting ‘‘9,940’’; and 

22 (5) in paragraph (5)(A), in the matter before 

23 clause (i), by striking ‘‘7.1 percent of such world24 wide level’’ and inserting ‘‘9,940’’. 


pamtmann on DSKBC07HB2PROD with BILLS
135 

HR 1603 RFS

1 (c) PETITIONING PROCEDURE.—Section 

2 204(a)(1)(E) of the Immigration and Nationality Act (8 

3 U.S.C. 1154(a)(1)(E)) is amended by inserting ‘‘or 

4 203(b)(3)(A)(iii)(II)’’ after ‘‘203(b)(1)(A)’’. 

5 (d) DUAL INTENT.—Section 214(b) of the Immigra6 tion and Nationality Act (8 U.S.C. 1184(b)) is amended 

7 by striking ‘‘section 101(a)(15)(H)(i) except subclause 

8 (b1) of such section’’ and inserting ‘‘clause (i), except sub9 clause (b1), or (ii)(a) of section 101(a)(15)(H)’’. 

10 Subtitle B—Preservation and Con11 struction of Farmworker Hous12 ing 

13 SEC. 220. SHORT TITLE. 

14 This subtitle may be cited as the ‘‘Strategy and In15 vestment in Rural Housing Preservation Act of 2021’’. 

16 SEC. 221. PERMANENT ESTABLISHMENT OF HOUSING PRES17 ERVATION AND REVITALIZATION PROGRAM. 

18 Title V of the Housing Act of 1949 (42 U.S.C. 1471 

19 et seq.) is amended by adding at the end the following 

20 new section: 

21 ‘‘SEC. 545. HOUSING PRESERVATION AND REVITALIZATION 

22 PROGRAM. 

23 ‘‘(a) ESTABLISHMENT.—The Secretary shall carry 

24 out a program under this section for the preservation and 


pamtmann on DSKBC07HB2PROD with BILLS
136 

HR 1603 RFS

1 revitalization of multifamily rental housing projects fi2 nanced under section 515 or both sections 514 and 516. 

3 ‘‘(b) NOTICE OF MATURING LOANS.— 

4 ‘‘(1) TO OWNERS.—On an annual basis, the 

5 Secretary shall provide written notice to each owner 

6 of a property financed under section 515 or both 

7 sections 514 and 516 that will mature within the 4- 

8 year period beginning upon the provision of such no9 tice, setting forth the options and financial incen10 tives that are available to facilitate the extension of 

11 the loan term or the option to decouple a rental as12 sistance contract pursuant to subsection (f). 

13 ‘‘(2) TO TENANTS.— 

14 ‘‘(A) IN GENERAL.—For each property fi15 nanced under section 515 or both sections 514 

16 and 516, not later than the date that is 2 years 

17 before the date that such loan will mature, the 

18 Secretary shall provide written notice to each 

19 household residing in such property that in20 forms them of the date of the loan maturity, 

21 the possible actions that may happen with re22 spect to the property upon such maturity, and 

23 how to protect their right to reside in Federally 

24 assisted housing after such maturity. 


pamtmann on DSKBC07HB2PROD with BILLS
137 

HR 1603 RFS

1 ‘‘(B) LANGUAGE.—Notice under this para2 graph shall be provided in plain English and 

3 shall be translated to other languages in the 

4 case of any property located in an area in which 

5 a significant number of residents speak such 

6 other languages. 

7 ‘‘(c) LOAN RESTRUCTURING.—Under the program 

8 under this section, the Secretary may restructure such ex9 isting housing loans, as the Secretary considers appro10 priate, for the purpose of ensuring that such projects have 

11 sufficient resources to preserve the projects to provide safe 

12 and affordable housing for low-income residents and farm 

13 laborers, by— 

14 ‘‘(1) reducing or eliminating interest; 

15 ‘‘(2) deferring loan payments; 

16 ‘‘(3) subordinating, reducing, or reamortizing 

17 loan debt; and 

18 ‘‘(4) providing other financial assistance, in19 cluding advances, payments, and incentives (includ20 ing the ability of owners to obtain reasonable re21 turns on investment) required by the Secretary. 

22 ‘‘(d) RENEWAL OF RENTAL ASSISTANCE.—When the 

23 Secretary offers to restructure a loan pursuant to sub24 section (c), the Secretary shall offer to renew the rental 

25 assistance contract under section 521(a)(2) for a 20-year 


pamtmann on DSKBC07HB2PROD with BILLS
138 

HR 1603 RFS

1 term that is subject to annual appropriations, provided 

2 that the owner agrees to bring the property up to such 

3 standards that will ensure its maintenance as decent, safe, 

4 and sanitary housing for the full term of the rental assist5 ance contract. 

6 ‘‘(e) RESTRICTIVE USE AGREEMENTS.— 

7 ‘‘(1) REQUIREMENT.—As part of the preserva8 tion and revitalization agreement for a project, the 

9 Secretary shall obtain a restrictive use agreement 

10 that obligates the owner to operate the project in ac11 cordance with this title. 

12 ‘‘(2) TERM.— 

13 ‘‘(A) NO EXTENSION OF RENTAL ASSIST14 ANCE CONTRACT.—Except when the Secretary 

15 enters into a 20-year extension of the rental as16 sistance contract for the project, the term of 

17 the restrictive use agreement for the project 

18 shall be consistent with the term of the restruc19 tured loan for the project. 

20 ‘‘(B) EXTENSION OF RENTAL ASSISTANCE

21 CONTRACT.—If the Secretary enters into a 20- 

22 year extension of the rental assistance contract 

23 for a project, the term of the restrictive use 

24 agreement for the project shall be for 20 years. 


pamtmann on DSKBC07HB2PROD with BILLS
139 

HR 1603 RFS

1 ‘‘(C) TERMINATION.—The Secretary may 

2 terminate the 20-year use restrictive use agree3 ment for a project prior to the end of its term 

4 if the 20-year rental assistance contract for the 

5 project with the owner is terminated at any 

6 time for reasons outside the owner’s control. 

7 ‘‘(f) DECOUPLING OF RENTAL ASSISTANCE.— 

8 ‘‘(1) RENEWAL OF RENTAL ASSISTANCE CON9 TRACT.—If the Secretary determines that a matur10 ing loan for a project cannot reasonably be restruc11 tured in accordance with subsection (c) and the 

12 project was operating with rental assistance under 

13 section 521, the Secretary may renew the rental as14 sistance contract, notwithstanding any provision of 

15 section 521, for a term, subject to annual appropria16 tions, of at least 10 years but not more than 20 

17 years. 

18 ‘‘(2) RENTS.—Any agreement to extend the 

19 term of the rental assistance contract under section 

20 521 for a project shall obligate the owner to con21 tinue to maintain the project as decent, safe and 

22 sanitary housing and to operate the development in 

23 accordance with this title, except that rents shall be 

24 based on the lesser of— 


pamtmann on DSKBC07HB2PROD with BILLS
140 

HR 1603 RFS

1 ‘‘(A) the budget-based needs of the project; 

2 or 

3 ‘‘(B) the operating cost adjustment factor 

4 as a payment standard as provided under sec5 tion 524 of the Multifamily Assisted Housing 

6 Reform and Affordability Act of 1997 (42 

7 U.S.C. 1437 note). 

8 ‘‘(g) MULTIFAMILY HOUSING TRANSFER TECHNICAL

9 ASSISTANCE.—Under the program under this section, the 

10 Secretary may provide grants to qualified non-profit orga11 nizations and public housing agencies to provide technical 

12 assistance, including financial and legal services, to bor13 rowers under loans under this title for multifamily housing 

14 to facilitate the acquisition of such multifamily housing 

15 properties in areas where the Secretary determines there 

16 is a risk of loss of affordable housing. 

17 ‘‘(h) TRANSFER OF RENTAL ASSISTANCE.—After the 

18 loan or loans for a rental project originally financed under 

19 section 515 or both sections 514 and 516 have matured 

20 or have been prepaid and the owner has chosen not to 

21 restructure the loan pursuant to subsection (c), a tenant 

22 residing in such project shall have 18 months prior to loan 

23 maturation or prepayment to transfer the rental assist24 ance assigned to the tenant’s unit to another rental project 

25 originally financed under section 515 or both sections 514 


pamtmann on DSKBC07HB2PROD with BILLS
141 

HR 1603 RFS

1 and 516, and the owner of the initial project may rent 

2 the tenant’s previous unit to a new tenant without income 

3 restrictions. 

4 ‘‘(i) ADMINISTRATIVE EXPENSES.—Of any amounts 

5 made available for the program under this section for any 

6 fiscal year, the Secretary may use not more than 

7 $1,000,000 for administrative expenses for carrying out 

8 such program. 

9 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 

10 is authorized to be appropriated for the program under 

11 this section $200,000,000 for each of fiscal years 2022 

12 through 2026.’’. 

13 SEC. 222. ELIGIBILITY FOR RURAL HOUSING VOUCHERS. 

14 Section 542 of the Housing Act of 1949 (42 U.S.C. 

15 1490r) is amended by adding at the end the following new 

16 subsection: 

17 ‘‘(c) ELIGIBILITY OF HOUSEHOLDS IN SECTIONS

18 514, 515, AND 516 PROJECTS.—The Secretary may pro19 vide rural housing vouchers under this section for any low20 income household (including those not receiving rental as21 sistance) residing, for a term longer than the remaining 

22 term of their lease in effect just prior to prepayment, in 

23 a property financed with a loan made or insured under 

24 section 514 or 515 (42 U.S.C. 1484, 1485) which has 

25 been prepaid without restrictions imposed by the Secretary 


pamtmann on DSKBC07HB2PROD with BILLS
142 

HR 1603 RFS

1 pursuant to section 502(c)(5)(G)(ii)(I) (42 U.S.C. 

2 1472(c)(5)(G)(ii)(I)), has been foreclosed, or has matured 

3 after September 30, 2005, or residing in a property as4 sisted under section 514 or 516 that is owned by a non5 profit organization or public agency.’’. 

6 SEC. 223. AMOUNT OF VOUCHER ASSISTANCE. 

7 Notwithstanding any other provision of law, in the 

8 case of any rural housing voucher provided pursuant to 

9 section 542 of the Housing Act of 1949 (42 U.S.C. 

10 1490r), the amount of the monthly assistance payment for 

11 the household on whose behalf such assistance is provided 

12 shall be determined as provided in subsection (a) of such 

13 section 542. 

14 SEC. 224. RENTAL ASSISTANCE CONTRACT AUTHORITY. 

15 Subsection (d) of section 521 of the Housing Act of 

16 1949 (42 U.S.C. 1490a(d)) is amended— 

17 (1) in paragraph (1), by inserting after sub18 paragraph (A) the following new subparagraph (and 

19 by redesignating the subsequent subparagraphs ac20 cordingly): 

21 ‘‘(B) upon request of an owner of a project fi22 nanced under section 514 or 515, the Secretary is 

23 authorized to enter into renewal of such agreements 

24 for a period of 20 years or the term of the loan, 


pamtmann on DSKBC07HB2PROD with BILLS
143 

HR 1603 RFS

1 whichever is shorter, subject to amounts made avail2 able in appropriations Acts;’’; and 

3 (2) by adding at the end the following new 

4 paragraph: 

5 ‘‘(3) In the case of any rental assistance contract au6 thority that becomes available because of the termination 

7 of assistance on behalf of an assisted family— 

8 ‘‘(A) at the option of the owner of the rental 

9 project, the Secretary shall provide the owner a pe10 riod of 6 months before such assistance is made 

11 available pursuant to subparagraph (B) during 

12 which the owner may use such assistance authority 

13 to provide assistance of behalf of an eligible unas14 sisted family that— 

15 ‘‘(i) is residing in the same rental project 

16 that the assisted family resided in prior to such 

17 termination; or 

18 ‘‘(ii) newly occupies a dwelling unit in such 

19 rental project during such period; and 

20 ‘‘(B) except for assistance used as provided in 

21 subparagraph (A), the Secretary shall use such re22 maining authority to provide such assistance on be23 half of eligible families residing in other rental 

24 projects originally financed under section 515 or 

25 both sections 514 and 516 of this Act.’’. 


pamtmann on DSKBC07HB2PROD with BILLS
144 

HR 1603 RFS

1 SEC. 225. FUNDING FOR MULTIFAMILY TECHNICAL IM2 PROVEMENTS. 

3 There is authorized to be appropriated to the Sec4 retary of Agriculture $50,000,000 for fiscal year 2022 for 

5 improving the technology of the Department of Agri6 culture used to process loans for multifamily housing and 

7 otherwise managing such housing. Such improvements 

8 shall be made within the 5-year period beginning upon the 

9 appropriation of such amounts and such amount shall re10 main available until the expiration of such 5-year period. 

11 SEC. 226. PLAN FOR PRESERVING AFFORDABILITY OF 

12 RENTAL PROJECTS. 

13 (a) PLAN.—The Secretary of Agriculture (in this sec14 tion referred to as the ‘‘Secretary’’) shall submit a written 

15 plan to the Congress, not later than the expiration of the 

16 6-month period beginning on the date of the enactment 

17 of this Act, for preserving the affordability for low-income 

18 families of rental projects for which loans were made 

19 under section 515 or made to nonprofit or public agencies 

20 under section 514 and avoiding the displacement of tenant 

21 households, which shall— 

22 (1) set forth specific performance goals and 

23 measures; 

24 (2) set forth the specific actions and mecha25 nisms by which such goals will be achieved; 


pamtmann on DSKBC07HB2PROD with BILLS
145 

HR 1603 RFS

1 (3) set forth specific measurements by which 

2 progress towards achievement of each goal can be 

3 measured; 

4 (4) provide for detailed reporting on outcomes; 

5 and 

6 (5) include any legislative recommendations to 

7 assist in achievement of the goals under the plan. 

8 (b) ADVISORY COMMITTEE.— 

9 (1) ESTABLISHMENT; PURPOSE.—The Sec10 retary shall establish an advisory committee whose 

11 purpose shall be to assist the Secretary in preserving 

12 section 515 properties and section 514 properties 

13 owned by nonprofit or public agencies through the 

14 multifamily housing preservation and revitalization 

15 program under section 545 and in implementing the 

16 plan required under subsection (a). 

17 (2) MEMBER.—The advisory committee shall 

18 consist of 16 members, appointed by the Secretary, 

19 as follows: 

20 (A) A State Director of Rural Develop21 ment for the Department of Agriculture. 

22 (B) The Administrator for Rural Housing 

23 Service of the Department of Agriculture. 


pamtmann on DSKBC07HB2PROD with BILLS
146 

HR 1603 RFS

1 (C) Two representatives of for-profit devel2 opers or owners of multifamily rural rental 

3 housing. 

4 (D) Two representatives of non-profit de5 velopers or owners of multifamily rural rental 

6 housing. 

7 (E) Two representatives of State housing 

8 finance agencies. 

9 (F) Two representatives of tenants of mul10 tifamily rural rental housing. 

11 (G) One representative of a community de12 velopment financial institution that is involved 

13 in preserving the affordability of housing as14 sisted under sections 514, 515, and 516 of the 

15 Housing Act of 1949. 

16 (H) One representative of a nonprofit or17 ganization that operates nationally and has ac18 tively participated in the preservation of hous19 ing assisted by the Rural Housing Service by 

20 conducting research regarding, and providing fi21 nancing and technical assistance for, preserving 

22 the affordability of such housing. 

23 (I) One representative of low-income hous24 ing tax credit investors. 


pamtmann on DSKBC07HB2PROD with BILLS
147 

HR 1603 RFS

1 (J) One representative of regulated finan2 cial institutions that finance affordable multi3 family rural rental housing developments. 

4 (K) Two representatives from non-profit 

5 organizations representing farmworkers, includ6 ing one organization representing farmworker 

7 women. 

8 (3) MEETINGS.—The advisory committee shall 

9 meet not less often than once each calendar quarter. 

10 (4) FUNCTIONS.—In providing assistance to the 

11 Secretary to carry out its purpose, the advisory com12 mittee shall carry out the following functions: 

13 (A) Assisting the Rural Housing Service of 

14 the Department of Agriculture to improve esti15 mates of the size, scope, and condition of rental 

16 housing portfolio of the Service, including the 

17 time frames for maturity of mortgages and 

18 costs for preserving the portfolio as affordable 

19 housing. 

20 (B) Reviewing current policies and proce21 dures of the Rural Housing Service regarding 

22 preservation of affordable rental housing fi23 nanced under sections 514, 515, 516, and 538 

24 of the Housing Act of 1949, the Multifamily 

25 Preservation and Revitalization Demonstration 


pamtmann on DSKBC07HB2PROD with BILLS
148 

HR 1603 RFS

1 program (MPR), and the rental assistance pro2 gram and making recommendations regarding 

3 improvements and modifications to such policies 

4 and procedures. 

5 (C) Providing ongoing review of Rural 

6 Housing Service program results. 

7 (D) Providing reports to the Congress and 

8 the public on meetings, recommendations, and 

9 other findings of the advisory committee. 

10 (5) TRAVEL COSTS.—Any amounts made avail11 able for administrative costs of the Department of 

12 Agriculture may be used for costs of travel by mem13 bers of the advisory committee to meetings of the 

14 committee. 

15 SEC. 227. COVERED HOUSING PROGRAMS. 

16 Paragraph (3) of section 41411(a) of the Violence 

17 Against Women Act of 1994 (34 U.S.C. 12491(a)(3)) is 

18 amended— 

19 (1) in subparagraph (I), by striking ‘‘and’’ at 

20 the end; 

21 (2) by redesignating subparagraph (J) as sub22 paragraph (K); and 

23 (3) by inserting after subparagraph (I) the fol24 lowing new subparagraph: 


pamtmann on DSKBC07HB2PROD with BILLS
149 

HR 1603 RFS

1 ‘‘(J) rural development housing voucher 

2 assistance provided by the Secretary of Agri3 culture pursuant to section 542 of the Housing 

4 Act of 1949 (42 U.S.C. 1490r), without regard 

5 to subsection (b) of such section, and applicable 

6 appropriation Acts; and’’. 

7 SEC. 228. NEW FARMWORKER HOUSING. 

8 Section 513 of the Housing Act of 1949 (42 U.S.C. 

9 1483) is amended by adding at the end the following new 

10 subsection: 

11 ‘‘(f) FUNDING FOR FARMWORKER HOUSING.— 

12 ‘‘(1) SECTION 514 FARMWORKER HOUSING

13 LOANS.— 

14 ‘‘(A) INSURANCE AUTHORITY.—The Sec15 retary of Agriculture may, to the extent ap16 proved in appropriation Acts, insure loans 

17 under section 514 (42 U.S.C. 1484) during 

18 each of fiscal years 2022 through 2031 in an 

19 aggregate amount not to exceed $200,000,000. 

20 ‘‘(B) AUTHORIZATION OF APPROPRIATIONS

21 FOR COSTS.—There is authorized to be appro22 priated $75,000,000 for each of fiscal years 

23 2022 through 2031 for costs (as such term is 

24 defined in section 502 of the Congressional 

25 Budget Act of 1974 (2 U.S.C. 661a)) of loans 


pamtmann on DSKBC07HB2PROD with BILLS
150 

HR 1603 RFS

1 insured pursuant the authority under subpara2 graph (A). 

3 ‘‘(2) SECTION 516 GRANTS FOR FARMWORKER

4 HOUSING.—There is authorized to be appropriated 

5 $30,000,000 for each of fiscal years 2022 through 

6 2031 for financial assistance under section 516 (42 

7 U.S.C. 1486). 

8 ‘‘(3) SECTION 521 HOUSING ASSISTANCE.— 

9 There is authorized to be appropriated 

10 $2,700,000,000 for each of fiscal years 2022 

11 through 2031 for rental assistance agreements en12 tered into or renewed pursuant to section 521(a)(2) 

13 (42 U.S.C. 1490a(a)(2)) or agreements entered into 

14 in lieu of debt forgiveness or payments for eligible 

15 households as authorized by section 502(c)(5)(D).’’. 

16 SEC. 229. LOAN AND GRANT LIMITATIONS. 

17 Section 514 of the Housing Act of 1949 (42 U.S.C. 

18 1484) is amended by adding at the end the following: 

19 ‘‘(j) PER PROJECT LIMITATIONS ON ASSISTANCE.— 

20 If the Secretary, in making available assistance in any 

21 area under this section or section 516 (42 U.S.C. 1486), 

22 establishes a limitation on the amount of assistance avail23 able per project, the limitation on a grant or loan award 

24 per project shall not be less than $5 million.’’. 


pamtmann on DSKBC07HB2PROD with BILLS
151 

HR 1603 RFS

1 SEC. 230. OPERATING ASSISTANCE SUBSIDIES. 

2 Subsection (a)(5) of section 521 of the Housing Act 

3 of 1949 (42 U.S.C. 1490a(a)(5)) is amended— 

4 (1) in subparagraph (A) by inserting ‘‘or do5 mestic farm labor legally admitted to the United 

6 States and authorized to work in agriculture’’ after 

7 ‘‘migrant farmworkers’’; 

8 (2) in subparagraph (B)— 

9 (A) by striking ‘‘AMOUNT.—In any fiscal 

10 year’’ and inserting ‘‘AMOUNT.— 

11 ‘‘(i) HOUSING FOR MIGRANT FARM12 WORKERS.—In any fiscal year’’; 

13 (B) by inserting ‘‘providing housing for mi14 grant farmworkers’’ after ‘‘any project’’; and 

15 (C) by inserting at the end the following: 

16 ‘‘(ii) HOUSING FOR OTHER FARM

17 LABOR.—In any fiscal year, the assistance 

18 provided under this paragraph for any 

19 project providing housing for domestic 

20 farm labor legally admitted to the United 

21 States and authorized to work in agri22 culture shall not exceed an amount equal 

23 to 50 percent of the operating costs for the 

24 project for the year, as determined by the 

25 Secretary. The owner of such project shall 

26 not qualify for operating assistance unless 


pamtmann on DSKBC07HB2PROD with BILLS
152 

HR 1603 RFS

1 the Secretary certifies that the project was 

2 unoccupied or underutilized before making 

3 units available to such farm labor, and 

4 that a grant under this section will not dis5 place any farm worker who is a United 

6 States worker.’’; and 

7 (3) in subparagraph (D), by adding at the end 

8 the following: 

9 ‘‘(iii) The term ‘domestic farm labor’ has 

10 the same meaning given such term in section 

11 514(f)(3) (42 U.S.C. 1484(f)(3)), except that 

12 subparagraph (A) of such section shall not 

13 apply for purposes this section.’’. 

14 SEC. 231. ELIGIBILITY OF CERTIFIED WORKERS. 

15 Subsection (a) of section 214 of the Housing and 

16 Community Development Act of 1980 (42 U.S.C. 1436a) 

17 is amended— 

18 (1) in paragraph (6), by striking ‘‘or’’ at the 

19 end; 

20 (2) by redesignating paragraph (7) as para21 graph (8); and 

22 (3) by inserting after paragraph (6) the fol23 lowing: 

24 ‘‘(7) an alien granted certified agricultural 

25 worker or certified agricultural dependent status 


pamtmann on DSKBC07HB2PROD with BILLS
153 

HR 1603 RFS

1 under title I of the Farm Workforce Modernization 

2 Act of 2021, but solely for financial assistance made 

3 available pursuant to section 521 or 542 of the 

4 Housing Act of 1949 (42 U.S.C. 1490a, 1490r); 

5 or’’. 

6 Subtitle C—Foreign Labor 

7 Recruiter Accountability 

8 SEC. 251. REGISTRATION OF FOREIGN LABOR RECRUITERS. 

9 (a) IN GENERAL.—Not later than 1 year after the 

10 date of the enactment of this Act, the Secretary of Labor, 

11 in consultation with the Secretary of State and the Sec12 retary of Homeland Security, shall establish procedures 

13 for the electronic registration of foreign labor recruiters 

14 engaged in the recruitment of nonimmigrant workers de15 scribed in section 101(a)(15)(H)(ii)(a) of the Immigration 

16 and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) to 

17 perform agricultural labor or services in the United States. 

18 (b) PROCEDURAL REQUIREMENTS.—The procedures 

19 described in subsection (a) shall— 

20 (1) require the applicant to submit a sworn dec21 laration— 

22 (A) stating the applicant’s permanent 

23 place of residence or principal place of business, 

24 as applicable; 


pamtmann on DSKBC07HB2PROD with BILLS
154 

HR 1603 RFS

1 (B) describing the foreign labor recruiting 

2 activities in which the applicant is engaged; and 

3 (C) including such other relevant informa4 tion as the Secretary of Labor and the Sec5 retary of State may require; 

6 (2) include an expeditious means to update and 

7 renew registrations; 

8 (3) include a process, which shall include the 

9 placement of personnel at each United States diplo10 matic mission in accordance with subsection (g)(2), 

11 to receive information from the public regarding for12 eign labor recruiters who have allegedly engaged in 

13 a foreign labor recruiting activity that is prohibited 

14 under this subtitle; 

15 (4) include procedures for the receipt and proc16 essing of complaints against foreign labor recruiters 

17 and for remedies, including the revocation of a reg18 istration or the assessment of fines upon a deter19 mination by the Secretary of Labor that the foreign 

20 labor recruiter has violated the requirements of this 

21 subtitle; 

22 (5) require the applicant to post a bond in an 

23 amount sufficient to ensure the ability of the appli24 cant to discharge its responsibilities and ensure pro25 tection of workers, including payment of wages; and 


pamtmann on DSKBC07HB2PROD with BILLS
155 

HR 1603 RFS

1 (6) allow the Secretary of Labor and the Sec2 retary of State to consult with other appropriate 

3 Federal agencies to determine whether any reason 

4 exists to deny registration to a foreign labor re5 cruiter or revoke such registration. 

6 (c) ATTESTATIONS.—Foreign labor recruiters reg7 istering under this subtitle shall attest and agree to abide 

8 by the following requirements: 

9 (1) PROHIBITED FEES.—The foreign labor re10 cruiter, including any agent or employee of such for11 eign labor recruiter, shall not assess any recruitment 

12 fees on a worker for any foreign labor recruiting ac13 tivity. 

14 (2) PROHIBITION ON FALSE AND MISLEADING

15 INFORMATION.—The foreign labor recruiter shall not 

16 knowingly provide materially false or misleading in17 formation to any worker concerning any matter re18 quired to be disclosed under this subtitle. 

19 (3) REQUIRED DISCLOSURES.—The foreign 

20 labor recruiter shall ascertain and disclose to the 

21 worker in writing in English and in the primary lan22 guage of the worker at the time of the worker’s re23 cruitment, the following information: 

24 (A) The identity and address of the em25 ployer and the identity and address of the perVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
156 

HR 1603 RFS

1 son conducting the recruiting on behalf of the 

2 employer, including each subcontractor or agent 

3 involved in such recruiting. 

4 (B) A copy of the approved job order or 

5 work contract under section 218 of the Immi6 gration and Nationality Act, including all assur7 ances and terms and conditions of employment. 

8 (C) A statement, in a form specified by the 

9 Secretary— 

10 (i) describing the general terms and 

11 conditions associated with obtaining an H– 

12 2A visa and maintaining H–2A status; 

13 (ii) affirming the prohibition on the 

14 assessment of fees described in paragraph 

15 (1), and explaining that such fees, if paid 

16 by the employer, may not be passed on to 

17 the worker; 

18 (iii) describing the protections af19 forded the worker under this subtitle, in20 cluding procedures for reporting violations 

21 to the Secretary of State, filing a com22 plaint with the Secretary of Labor, or fil23 ing a civil action; and 

24 (iv) describing the protections af25 forded the worker by section 202 of the 


pamtmann on DSKBC07HB2PROD with BILLS
157 

HR 1603 RFS

1 William Wilberforce Trafficking Victims 

2 Protection Reauthorization Act of 2008 (8 

3 U.S.C. 1375b), including the telephone 

4 number for the national human trafficking 

5 resource center hotline number. 

6 (4) BOND.—The foreign labor recruiter shall 

7 agree to maintain a bond sufficient to ensure the 

8 ability of the foreign labor recruiter to discharge its 

9 responsibilities and ensure protection of workers, 

10 and to forfeit such bond in an amount determined 

11 by the Secretary under subsections (b)(1)(C)(ii) or 

12 (c)(2)(C) of section 252 for failure to comply with 

13 the provisions of this subtitle. 

14 (5) COOPERATION IN INVESTIGATION.—The 

15 foreign labor recruiter shall agree to cooperate in 

16 any investigation under section 252 of this subtitle 

17 by the Secretary or other appropriate authorities. 

18 (6) NO RETALIATION.—The foreign labor re19 cruiter shall agree to refrain from intimidating, 

20 threatening, restraining, coercing, discharging, 

21 blacklisting or in any other manner discriminating 

22 or retaliating against any worker or their family 

23 members (including a former worker or an applicant 

24 for employment) because such worker disclosed in25 formation to any person based on a reason to believe 


pamtmann on DSKBC07HB2PROD with BILLS
158 

HR 1603 RFS

1 that the foreign labor recruiter, or any agent or sub2 contractee of such foreign labor recruiter, is engag3 ing or has engaged in a foreign labor recruiting ac4 tivity that does not comply with this subtitle. 

5 (7) EMPLOYEES, AGENTS, AND

6 SUBCONTRACTEES.—The foreign labor recruiter 

7 shall consent to be liable for the conduct of any 

8 agents or subcontractees of any level in relation to 

9 the foreign labor recruiting activity of the agent or 

10 subcontractee to the same extent as if the foreign 

11 labor recruiter had engaged in such conduct. 

12 (8) ENFORCEMENT.—If the foreign labor re13 cruiter is conducting foreign labor recruiting activity 

14 wholly outside the United States, such foreign labor 

15 recruiter shall establish a registered agent in the 

16 United States who is authorized to accept service of 

17 process on behalf of the foreign labor recruiter for 

18 the purpose of any administrative proceeding under 

19 this title or any Federal court civil action, if such 

20 service is made in accordance with the appropriate 

21 Federal rules for service of process. 

22 (d) TERM OF REGISTRATION.—Unless suspended or 

23 revoked, a registration under this section shall be valid 

24 for 2 years. 


pamtmann on DSKBC07HB2PROD with BILLS
159 

HR 1603 RFS

1 (e) APPLICATION FEE.—The Secretary shall require 

2 a foreign labor recruiter that submits an application for 

3 registration under this section to pay a reasonable fee, suf4 ficient to cover the full costs of carrying out the registra5 tion activities under this subtitle. 

6 (f) NOTIFICATION.— 

7 (1) EMPLOYER NOTIFICATION.— 

8 (A) IN GENERAL.—Not less frequently 

9 than once every year, an employer of H–2A 

10 workers shall provide the Secretary with the 

11 names and addresses of all foreign labor re12 cruiters engaged to perform foreign labor re13 cruiting activity on behalf of the employer, 

14 whether the foreign labor recruiter is to receive 

15 any economic compensation for such services, 

16 and, if so, the identity of the person or entity 

17 who is paying for the services. 

18 (B) AGREEMENT TO COOPERATE.—In ad19 dition to the requirements of subparagraph (A), 

20 the employer shall— 

21 (i) provide to the Secretary the iden22 tity of any foreign labor recruiter whom 

23 the employer has reason to believe is en24 gaging in foreign labor recruiting activities 

25 that do not comply with this subtitle; and 


pamtmann on DSKBC07HB2PROD with BILLS
160 

HR 1603 RFS

1 (ii) promptly respond to any request 

2 by the Secretary for information regarding 

3 the identity of a foreign labor recruiter 

4 with whom the employer has a contract or 

5 other agreement. 

6 (2) FOREIGN LABOR RECRUITER NOTIFICA7 TION.—A registered foreign labor recruiter shall no8 tify the Secretary, not less frequently than once 

9 every year, of the identity of any subcontractee, 

10 agent, or foreign labor recruiter employee involved in 

11 any foreign labor recruiting activity for, or on behalf 

12 of, the foreign labor recruiter. 

13 (g) ADDITIONAL RESPONSIBILITIES OF THE SEC14 RETARY OF STATE.— 

15 (1) LISTS.—The Secretary of State, in con16 sultation with the Secretary of Labor shall maintain 

17 and make publicly available in written form and on 

18 the websites of United States embassies in the offi19 cial language of that country, and on websites main20 tained by the Secretary of Labor, regularly updated 

21 lists— 

22 (A) of foreign labor recruiters who hold 

23 valid registrations under this section, includ24 ing— 


pamtmann on DSKBC07HB2PROD with BILLS
161 

HR 1603 RFS

1 (i) the name and address of the for2 eign labor recruiter; 

3 (ii) the countries in which such re4 cruiters conduct recruitment; 

5 (iii) the employers for whom recruit6 ing is conducted; 

7 (iv) the occupations that are the sub8 ject of recruitment; 

9 (v) the States where recruited workers 

10 are employed; and 

11 (vi) the name and address of the reg12 istered agent in the United States who is 

13 authorized to accept service of process on 

14 behalf of the foreign labor recruiter; and 

15 (B) of foreign labor recruiters whose reg16 istration the Secretary has revoked. 

17 (2) PERSONNEL.—The Secretary of State shall 

18 ensure that each United States diplomatic mission is 

19 staffed with a person who shall be responsible for re20 ceiving information from members of the public re21 garding potential violations of the requirements ap22 plicable to registered foreign labor recruiters and en23 suring that such information is conveyed to the Sec24 retary of Labor for evaluation and initiation of an 

25 enforcement action, if appropriate. 


pamtmann on DSKBC07HB2PROD with BILLS
162 

HR 1603 RFS

1 (3) VISA APPLICATION PROCEDURES.—The Sec2 retary shall ensure that consular officers issuing 

3 visas to nonimmigrants under section 

4 101(a)(1)(H)(ii)(a) of the Immigration and Nation5 ality Act (8 U.S.C. 11001(a)(1)(H)(ii)(a))— 

6 (A) provide to and review with the appli7 cant, in the applicant’s language (or a language 

8 the applicant understands), a copy of the infor9 mation and resources pamphlet required by sec10 tion 202 of the William Wilberforce Trafficking 

11 Victims Protection Reauthorization Act of 2008 

12 (8 U.S.C. 1375b); 

13 (B) ensure that the applicant has a copy of 

14 the approved job offer or work contract; 

15 (C) note in the visa application file wheth16 er the foreign labor recruiter has a valid reg17 istration under this section; and 

18 (D) if the foreign labor recruiter holds a 

19 valid registration, review and include in the visa 

20 application file, the foreign labor recruiter’s dis21 closures required by subsection (c)(3). 

22 (4) DATA.—The Secretary of State shall make 

23 publicly available online, on an annual basis, data 

24 disclosing the gender, country of origin (and State, 

25 county, or province, if available), age, wage, level of 


pamtmann on DSKBC07HB2PROD with BILLS
163 

HR 1603 RFS

1 training, and occupational classification, 

2 disaggregated by State, of nonimmigrant workers 

3 described in section 101(a)(15)(H)(ii)(a) of the Im4 migration and Nationality Act. 

5 SEC. 252. ENFORCEMENT. 

6 (a) DENIAL OR REVOCATION OF REGISTRATION.— 

7 (1) GROUNDS FOR DENIAL OR REVOCATION.— 

8 The Secretary shall deny an application for registra9 tion, or revoke a registration, if the Secretary deter10 mines that the foreign labor recruiter, or any agent 

11 or subcontractee of such foreign labor recruiter— 

12 (A) knowingly made a material misrepre13 sentation in the registration application; 

14 (B) materially failed to comply with one or 

15 more of the attestations provided under section 

16 251(c); or 

17 (C) is not the real party in interest. 

18 (2) NOTICE.—Prior to denying an application 

19 for registration or revoking a registration under this 

20 subsection, the Secretary shall provide written notice 

21 of the intent to deny or revoke the registration to 

22 the foreign labor recruiter. Such notice shall— 

23 (A) articulate with specificity all grounds 

24 for denial or revocation; and 


pamtmann on DSKBC07HB2PROD with BILLS
164 

HR 1603 RFS

1 (B) provide the foreign labor recruiter with 

2 not less than 60 days to respond. 

3 (3) RE-REGISTRATION.—A foreign labor re4 cruiter whose registration was revoked under sub5 section (a) may re-register if the foreign labor re6 cruiter demonstrates to the Secretary’s satisfaction 

7 that the foreign labor recruiter has not violated this 

8 subtitle in the 5 years preceding the date an applica9 tion for registration is filed and has taken sufficient 

10 steps to prevent future violations of this subtitle. 

11 (b) ADMINISTRATIVE ENFORCEMENT.— 

12 (1) COMPLAINT PROCESS.— 

13 (A) FILING.—A complaint may be filed 

14 with the Secretary of Labor, in accordance with 

15 the procedures established under section 

16 251(b)(4) not later than 2 years after the ear17 lier of— 

18 (i) the date of the last action which 

19 constituted the conduct that is the subject 

20 of the complaint took place; or 

21 (ii) the date on which the aggrieved 

22 party had actual knowledge of such con23 duct. 

24 (B) DECISION AND PENALTIES.—If the 

25 Secretary of Labor finds, after notice and an 


pamtmann on DSKBC07HB2PROD with BILLS
165 

HR 1603 RFS

1 opportunity for a hearing, that a foreign labor 

2 recruiter failed to comply with any of the re3 quirements of this subtitle, the Secretary of 

4 Labor may— 

5 (i) levy a fine against the foreign 

6 labor recruiter in an amount not more 

7 than— 

8 (I) $10,000 per violation; and 

9 (II) $25,000 per violation, upon 

10 the third violation; 

11 (ii) order the forfeiture (or partial for12 feiture) of the bond and release of as much 

13 of the bond as the Secretary determines is 

14 necessary for the worker to recover prohib15 ited recruitment fees; 

16 (iii) refuse to issue or renew a reg17 istration, or revoke a registration; or 

18 (iv) disqualify the foreign labor re19 cruiter from registration for a period of up 

20 to 5 years, or in the case of a subsequent 

21 finding involving willful or multiple mate22 rial violations, permanently disqualify the 

23 foreign labor recruiter from registration. 

24 (2) AUTHORITY TO ENSURE COMPLIANCE.—The 

25 Secretary of Labor is authorized to take other such 


pamtmann on DSKBC07HB2PROD with BILLS
166 

HR 1603 RFS

1 actions, including issuing subpoenas and seeking ap2 propriate injunctive relief, as may be necessary to 

3 assure compliance with the terms and conditions of 

4 this subtitle. 

5 (3) STATUTORY CONSTRUCTION.—Nothing in 

6 this subsection may be construed as limiting the au7 thority of the Secretary of Labor to conduct an in8 vestigation— 

9 (A) under any other law, including any law 

10 affecting migrant and seasonal agricultural 

11 workers; or 

12 (B) in the absence of a complaint. 

13 (c) CIVIL ACTION.— 

14 (1) IN GENERAL.—The Secretary of Labor or 

15 any person aggrieved by a violation of this subtitle 

16 may bring a civil action against any foreign labor re17 cruiter, or any employer that does not meet the re18 quirements under subsection (d)(1), in any court of 

19 competent jurisdiction— 

20 (A) to seek remedial action, including in21 junctive relief; and 

22 (B) for damages in accordance with the 

23 provisions of this subsection. 

24 (2) AWARD FOR CIVIL ACTION FILED BY AN IN25 DIVIDUAL.— 


pamtmann on DSKBC07HB2PROD with BILLS
167 

HR 1603 RFS

1 (A) IN GENERAL.—If the court finds in a 

2 civil action filed by an individual under this sec3 tion that the defendant has violated any provi4 sion of this subtitle, the court may award— 

5 (i) damages, up to and including an 

6 amount equal to the amount of actual 

7 damages, and statutory damages of up to 

8 $1,000 per plaintiff per violation, or other 

9 equitable relief, except that with respect to 

10 statutory damages— 

11 (I) multiple infractions of a sin12 gle provision of this subtitle (or of a 

13 regulation under this subtitle) shall 

14 constitute only one violation for pur15 poses of this subsection to determine 

16 the amount of statutory damages due 

17 a plaintiff; and 

18 (II) if such complaint is certified 

19 as a class action the court may 

20 award— 

21 (aa) damages up to an 

22 amount equal to the amount of 

23 actual damages; and 

24 (bb) statutory damages of 

25 not more than the lesser of up to 


pamtmann on DSKBC07HB2PROD with BILLS
168 

HR 1603 RFS

1 $1,000 per class member per vio2 lation, or up to $500,000; and 

3 other equitable relief; 

4 (ii) reasonable attorneys’ fees and 

5 costs; and 

6 (iii) such other and further relief as 

7 necessary to effectuate the purposes of this 

8 subtitle. 

9 (B) CRITERIA.—In determining the 

10 amount of statutory damages to be awarded 

11 under subparagraph (A), the court is author12 ized to consider whether an attempt was made 

13 to resolve the issues in dispute before the resort 

14 to litigation. 

15 (C) BOND.—To satisfy the damages, fees, 

16 and costs found owing under this paragraph, 

17 the Secretary shall release as much of the bond 

18 held pursuant to section 251(c)(4) as necessary. 

19 (3) SUMS RECOVERED IN ACTIONS BY THE SEC20 RETARY OF LABOR.— 

21 (A) ESTABLISHMENT OF ACCOUNT.— 

22 There is established in the general fund of the 

23 Treasury a separate account, which shall be 

24 known as the ‘‘H–2A Foreign Labor Recruiter 

25 Compensation Account’’. Notwithstanding any 


pamtmann on DSKBC07HB2PROD with BILLS
169 

HR 1603 RFS

1 other provisions of law, there shall be deposited 

2 as offsetting receipts into the account, all sums 

3 recovered in an action by the Secretary of 

4 Labor under this subsection. 

5 (B) USE OF FUNDS.—Amounts deposited 

6 into the H–2A Foreign Labor Recruiter Com7 pensation Account and shall be paid directly to 

8 each worker affected. Any such sums not paid 

9 to a worker because of inability to do so within 

10 a period of 5 years following the date such 

11 funds are deposited into the account shall re12 main available to the Secretary until expended. 

13 The Secretary may transfer all or a portion of 

14 such remaining sums to appropriate agencies to 

15 support the enforcement of the laws prohibiting 

16 the trafficking and exploitation of persons or 

17 programs that aid trafficking victims. 

18 (d) EMPLOYER SAFE HARBOR.— 

19 (1) IN GENERAL.—An employer that hires 

20 workers referred by a foreign labor recruiter with a 

21 valid registration at the time of hiring shall not be 

22 held jointly liable for a violation committed solely by 

23 a foreign labor recruiter under this subtitle— 

24 (A) in any administrative action initiated 

25 by the Secretary concerning such violation; or 


pamtmann on DSKBC07HB2PROD with BILLS
170 

HR 1603 RFS

1 (B) in any Federal or State civil court ac2 tion filed against the foreign labor recruiter by 

3 or on behalf of such workers or other aggrieved 

4 party under this subtitle. 

5 (2) CLARIFICATION.—Nothing in this subtitle 

6 shall be construed to prohibit an aggrieved party or 

7 parties from bringing a civil action for violations of 

8 this subtitle or any other Federal or State law 

9 against any employer who hired workers referred by 

10 a foreign labor recruiter— 

11 (A) without a valid registration at the time 

12 of hire; or 

13 (B) with a valid registration if the em14 ployer knew or learned of the violation and 

15 failed to report such violation to the Secretary. 

16 (e) PAROLE TO PURSUE RELIEF.—If other immigra17 tion relief is not available, the Secretary of Homeland Se18 curity may grant parole to permit an individual to remain 

19 legally in the United States for time sufficient to fully and 

20 effectively participate in all legal proceedings related to 

21 any action taken pursuant to subsection (b) or (c). 

22 (f) WAIVER OF RIGHTS.—Agreements by employees 

23 purporting to waive or to modify their rights under this 

24 subtitle shall be void as contrary to public policy. 


pamtmann on DSKBC07HB2PROD with BILLS
171 

HR 1603 RFS

1 (g) LIABILITY FOR AGENTS.—Foreign labor recruit2 ers shall be subject to the provisions of this section for 

3 violations committed by the foreign labor recruiter’s 

4 agents or subcontractees of any level in relation to their 

5 foreign labor recruiting activity to the same extent as if 

6 the foreign labor recruiter had committed the violation. 

7 SEC. 253. APPROPRIATIONS. 

8 There is authorized to be appropriated such sums as 

9 may be necessary for the Secretary of Labor and Secretary 

10 of State to carry out the provisions of this subtitle. 

11 SEC. 254. DEFINITIONS. 

12 For purposes of this subtitle: 

13 (1) FOREIGN LABOR RECRUITER.—The term 

14 ‘‘foreign labor recruiter’’ means any person who per15 forms foreign labor recruiting activity in exchange 

16 for money or other valuable consideration paid or 

17 promised to be paid, to recruit individuals to work 

18 as nonimmigrant workers described in section 

19 101(a)(15)(H)(ii)(a) of the Immigration and Nation20 ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)), including 

21 any person who performs foreign labor recruiting ac22 tivity wholly outside of the United States. Such term 

23 does not include any entity of the United States 

24 Government or an employer, or employee of an em25 ployer, who engages in foreign labor recruiting activVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
172 

HR 1603 RFS

1 ity solely to find employees for that employer’s own 

2 use, and without the participation of any other for3 eign labor recruiter. 

4 (2) FOREIGN LABOR RECRUITING ACTIVITY.— 

5 The term ‘‘foreign labor recruiting activity’’ means 

6 recruiting, soliciting, or related activities with re7 spect to an individual who resides outside of the 

8 United States in furtherance of employment in the 

9 United States, including when such activity occurs 

10 wholly outside of the United States. 

11 (3) RECRUITMENT FEES.—The term ‘‘recruit12 ment fees’’ has the meaning given to such term 

13 under section 22.1702 of title 22 of the Code of 

14 Federal Regulations, as in effect on the date of en15 actment of this Act. 

16 (4) PERSON.—The term ‘‘person’’ means any 

17 natural person or any corporation, company, firm, 

18 partnership, joint stock company or association or 

19 other organization or entity (whether organized 

20 under law or not), including municipal corporations. 


pamtmann on DSKBC07HB2PROD with BILLS
173 

HR 1603 RFS

1 TITLE III—ELECTRONIC VERIFI2 CATION OF EMPLOYMENT 

3 ELIGIBILITY 

4 SEC. 301. ELECTRONIC EMPLOYMENT ELIGIBILITY 

5 VERIFICATION SYSTEM. 

6 (a) IN GENERAL.—Chapter 8 of title II of the Immi7 gration and Nationality Act (8 U.S.C. 1321 et seq.) is 

8 amended by inserting after section 274D the following: 

9 ‘‘SEC. 274E. REQUIREMENTS FOR THE ELECTRONIC 

10 VERIFICATION OF EMPLOYMENT ELIGI11 BILITY. 

12 ‘‘(a) EMPLOYMENT ELIGIBILITY VERIFICATION SYS13 TEM.— 

14 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

15 Security (referred to in this section as the ‘Sec16 retary’) shall establish and administer an electronic 

17 verification system (referred to in this section as the 

18 ‘System’), patterned on the E–Verify Program de19 scribed in section 403(a) of the Illegal Immigration 

20 Reform and Immigrant Responsibility Act of 1996 

21 (8 U.S.C. 1324a note) (as in effect on the day be22 fore the effective date described in section 303(a)(4) 

23 of the Farm Workforce Modernization Act of 2021), 

24 and using the employment eligibility confirmation 

25 system established under section 404 of such Act (8 


pamtmann on DSKBC07HB2PROD with BILLS
174 

HR 1603 RFS

1 U.S.C. 1324a note) (as so in effect) as a foundation, 

2 through which the Secretary shall— 

3 ‘‘(A) respond to inquiries made by persons 

4 or entities seeking to verify the identity and em5 ployment authorization of individuals that such 

6 persons or entities seek to hire, or to recruit or 

7 refer for a fee, for employment in the United 

8 States; and 

9 ‘‘(B) maintain records of the inquiries that 

10 were made, and of verifications provided (or not 

11 provided) to such persons or entities as evidence 

12 of compliance with the requirements of this sec13 tion. 

14 ‘‘(2) INITIAL RESPONSE DEADLINE.—The Sys15 tem shall provide confirmation or a tentative non16 confirmation of an individual’s identity and employ17 ment authorization as soon as practicable, but not 

18 later than 3 calendar days after the initial inquiry. 

19 ‘‘(3) GENERAL DESIGN AND OPERATION OF

20 SYSTEM.—The Secretary shall design and operate 

21 the System— 

22 ‘‘(A) using responsive web design and 

23 other technologies to maximize its ease of use 

24 and accessibility for users on a variety of elecVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
175 

HR 1603 RFS

1 tronic devices and screen sizes, and in remote 

2 locations; 

3 ‘‘(B) to maximize the accuracy of re4 sponses to inquiries submitted by persons or en5 tities; 

6 ‘‘(C) to maximize the reliability of the Sys7 tem and to register each instance when the Sys8 tem is unable to receive inquiries; 

9 ‘‘(D) to protect the privacy and security of 

10 the personally identifiable information main11 tained by or submitted to the System; 

12 ‘‘(E) to provide direct notification of an in13 quiry to an individual with respect to whom the 

14 inquiry is made, including the results of such 

15 inquiry, and information related to the process 

16 for challenging the results, in cases in which the 

17 individual has established a user account as de18 scribed in paragraph (4)(B) or an electronic 

19 mail address for the individual is submitted by 

20 the person or entity at the time the inquiry is 

21 made; and 

22 ‘‘(F) to maintain appropriate administra23 tive, technical, and physical safeguards to pre24 vent misuse of the System and unfair immigra25 tion-related employment practices. 


pamtmann on DSKBC07HB2PROD with BILLS
176 

HR 1603 RFS

1 ‘‘(4) MEASURES TO PREVENT IDENTITY THEFT

2 AND OTHER FORMS OF FRAUD.—To prevent identity 

3 theft and other forms of fraud, the Secretary shall 

4 design and operate the System with the following at5 tributes: 

6 ‘‘(A) PHOTO MATCHING TOOL.—The Sys7 tem shall display the digital photograph of the 

8 individual, if any, that corresponds to the docu9 ment presented by an individual to establish 

10 identity and employment authorization so that 

11 the person or entity that makes an inquiry can 

12 compare the photograph displayed by the Sys13 tem to the photograph on the document pre14 sented by the individual. 

15 ‘‘(B) INDIVIDUAL MONITORING AND SUS16 PENSION OF IDENTIFYING INFORMATION.—The 

17 System shall enable individuals to establish user 

18 accounts, after authentication of an individual’s 

19 identity, that would allow an individual to— 

20 ‘‘(i) confirm the individual’s own em21 ployment authorization; 

22 ‘‘(ii) receive electronic notification 

23 when the individual’s social security ac24 count number or other personally identiVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
177 

HR 1603 RFS

1 fying information has been submitted to 

2 the System; 

3 ‘‘(iii) monitor the use history of the 

4 individual’s personally identifying informa5 tion in the System, including the identities 

6 of all persons or entities that have sub7 mitted such identifying information to the 

8 System, the date of each query run, and 

9 the System response for each query run; 

10 ‘‘(iv) suspend or limit the use of the 

11 individual’s social security account number 

12 or other personally identifying information 

13 for purposes of the System; and 

14 ‘‘(v) provide notice to the Department 

15 of Homeland Security of any suspected 

16 identity fraud or other improper use of 

17 personally identifying information. 

18 ‘‘(C) BLOCKING MISUSED SOCIAL SECU19 RITY ACCOUNT NUMBERS.— 

20 ‘‘(i) IN GENERAL.—The Secretary, in 

21 consultation with the Commissioner of So22 cial Security (referred to in this section as 

23 the ‘Commissioner’), shall develop, after 

24 publication in the Federal Register and an 

25 opportunity for public comment, a process 


pamtmann on DSKBC07HB2PROD with BILLS
178 

HR 1603 RFS

1 in which social security account numbers 

2 that have been identified to be subject to 

3 unusual multiple use in the System or that 

4 are otherwise suspected or determined to 

5 have been compromised by identity fraud 

6 or other misuse, shall be blocked from use 

7 in the System unless the individual using 

8 such number is able to establish, through 

9 secure and fair procedures, that the indi10 vidual is the legitimate holder of the num11 ber. 

12 ‘‘(ii) NOTICE.—If the Secretary blocks 

13 or suspends a social security account num14 ber under this subparagraph, the Secretary 

15 shall provide notice to the persons or enti16 ties that have made inquiries to the Sys17 tem using such account number that the 

18 identity and employment authorization of 

19 the individual who provided such account 

20 number must be re-verified. 

21 ‘‘(D) ADDITIONAL IDENTITY AUTHENTICA22 TION TOOL.—The Secretary shall develop, after 

23 publication in the Federal Register and an op24 portunity for public comment, additional secu25 rity measures to adequately verify the identity 


pamtmann on DSKBC07HB2PROD with BILLS
179 

HR 1603 RFS

1 of an individual whose identity may not be 

2 verified using the photo tool described in sub3 paragraph (A). Such additional security meas4 ures— 

5 ‘‘(i) shall be kept up-to-date with 

6 technological advances; and 

7 ‘‘(ii) shall be designed to provide a 

8 high level of certainty with respect to iden9 tity authentication. 

10 ‘‘(E) CHILD-LOCK PILOT PROGRAM.—The 

11 Secretary, in consultation with the Commis12 sioner, shall establish a reliable, secure program 

13 through which parents or legal guardians may 

14 suspend or limit the use of the social security 

15 account number or other personally identifying 

16 information of a minor under their care for 

17 purposes of the System. The Secretary may im18 plement the program on a limited pilot basis be19 fore making it fully available to all individuals. 

20 ‘‘(5) RESPONSIBILITIES OF THE COMMISSIONER

21 OF SOCIAL SECURITY.—The Commissioner, in con22 sultation with the Secretary, shall establish a reli23 able, secure method, which, within the time periods 

24 specified in paragraph (2) and subsection 

25 (b)(4)(D)(i)(II), compares the name and social secuVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
180 

HR 1603 RFS

1 rity account number provided in an inquiry against 

2 such information maintained by the Commissioner in 

3 order to validate (or not validate) the information 

4 provided by the person or entity with respect to an 

5 individual whose identity and employment authoriza6 tion the person or entity seeks to confirm, the cor7 respondence of the name and number, and whether 

8 the individual has presented a social security ac9 count number that is not valid for employment. The 

10 Commissioner shall not disclose or release social se11 curity information (other than such confirmation or 

12 nonconfirmation) under the System except as pro13 vided under this section. 

14 ‘‘(6) RESPONSIBILITIES OF THE SECRETARY OF

15 HOMELAND SECURITY.— 

16 ‘‘(A) IN GENERAL.—The Secretary of 

17 Homeland Security shall establish a reliable, se18 cure method, which, within the time periods 

19 specified in paragraph (2) and subsection 

20 (b)(4)(D)(i)(II), compares the name and identi21 fication or other authorization number (or any 

22 other information determined relevant by the 

23 Secretary) which are provided in an inquiry 

24 against such information maintained or 

25 accessed by the Secretary in order to validate 


pamtmann on DSKBC07HB2PROD with BILLS
181 

HR 1603 RFS

1 (or not validate) the information provided, the 

2 correspondence of the name and number, and 

3 whether the individual is authorized to be em4 ployed in the United States. 

5 ‘‘(B) TRAINING.—The Secretary shall pro6 vide and regularly update training materials on 

7 the use of the System for persons and entities 

8 making inquiries. 

9 ‘‘(C) AUDIT.—The Secretary shall provide 

10 for periodic auditing of the System to detect 

11 and prevent misuse, discrimination, fraud, and 

12 identity theft, to protect privacy and assess 

13 System accuracy, and to preserve the integrity 

14 and security of the information in the System. 

15 ‘‘(D) NOTICE OF SYSTEM CHANGES.—The 

16 Secretary shall provide appropriate notification 

17 to persons and entities registered in the System 

18 of any change made by the Secretary or the 

19 Commissioner related to permitted and prohib20 ited documents, and use of the System. 

21 ‘‘(7) RESPONSIBILITIES OF THE SECRETARY OF

22 STATE.—As part of the System, the Secretary of 

23 State shall provide to the Secretary of Homeland Se24 curity access to passport and visa information as 

25 needed to confirm that a passport or passport card 


pamtmann on DSKBC07HB2PROD with BILLS
182 

HR 1603 RFS

1 presented under subsection (b)(3)(A)(i) confirms the 

2 employment authorization and identity of the indi3 vidual presenting such document, and that a pass4 port, passport card, or visa photograph matches the 

5 Secretary of State’s records, and shall provide such 

6 assistance as the Secretary of Homeland Security 

7 may request in order to resolve tentative noncon8 firmations or final nonconfirmations relating to such 

9 information. 

10 ‘‘(8) UPDATING INFORMATION.—The Commis11 sioner, the Secretary of Homeland Security, and the 

12 Secretary of State shall update records in their cus13 tody in a manner that promotes maximum accuracy 

14 of the System and shall provide a process for the 

15 prompt correction of erroneous information, includ16 ing instances in which it is brought to their atten17 tion through the tentative nonconfirmation review 

18 process under subsection (b)(4)(D). 

19 ‘‘(9) MANDATORY AND VOLUNTARY SYSTEM

20 USES.— 

21 ‘‘(A) MANDATORY USERS.—Except as oth22 erwise provided under Federal or State law, 

23 such as sections 302 and 303 of the Farm 

24 Workforce Modernization Act of 2021, nothing 

25 in this section shall be construed as requiring 


pamtmann on DSKBC07HB2PROD with BILLS
183 

HR 1603 RFS

1 the use of the System by any person or entity 

2 hiring, recruiting, or referring for a fee, an in3 dividual for employment in the United States. 

4 ‘‘(B) VOLUNTARY USERS.—Beginning 

5 after the date that is 30 days after the date on 

6 which final rules are published under section 

7 309(a) of the Farm Workforce Modernization 

8 Act of 2021, a person or entity may use the 

9 System on a voluntary basis to seek verification 

10 of the identity and employment authorization of 

11 individuals the person or entity is hiring, re12 cruiting, or referring for a fee for employment 

13 in the United States. 

14 ‘‘(C) PROCESS FOR NON-USERS.—The em15 ployment verification process for any person or 

16 entity hiring, recruiting, or referring for a fee, 

17 an individual for employment in the United 

18 States shall be governed by section 274A(b) un19 less the person or entity— 

20 ‘‘(i) is required by Federal or State 

21 law to use the System; or 

22 ‘‘(ii) has opted to use the System vol23 untarily in accordance with subparagraph 

24 (B). 


pamtmann on DSKBC07HB2PROD with BILLS
184 

HR 1603 RFS

1 ‘‘(10) NO FEE FOR USE.—The Secretary may 

2 not charge a fee to an individual, person, or entity 

3 related to the use of the System. 

4 ‘‘(b) NEW HIRES, RECRUITMENT, AND REFERRAL.— 

5 Notwithstanding section 274A(b), the requirements re6 ferred to in paragraphs (1)(B) and (3) of section 274A(a) 

7 are, in the case of a person or entity that uses the System 

8 for the hiring, recruiting, or referring for a fee, an indi9 vidual for employment in the United States, the following: 

10 ‘‘(1) INDIVIDUAL ATTESTATION OF EMPLOY11 MENT AUTHORIZATION.—During the period begin12 ning on the date on which an offer of employment 

13 is accepted and ending on the date of hire, the indi14 vidual shall attest, under penalty of perjury on a 

15 form designated by the Secretary, that the individual 

16 is authorized to be employed in the United States by 

17 providing on such form— 

18 ‘‘(A) the individual’s name and date of 

19 birth; 

20 ‘‘(B) the individual’s social security ac21 count number (unless the individual has applied 

22 for and not yet been issued such a number); 

23 ‘‘(C) whether the individual is— 

24 ‘‘(i) a citizen or national of the United 

25 States; 


pamtmann on DSKBC07HB2PROD with BILLS
185 

HR 1603 RFS

1 ‘‘(ii) an alien lawfully admitted for 

2 permanent residence; or 

3 ‘‘(iii) an alien who is otherwise au4 thorized by the Secretary to be hired, re5 cruited, or referred for employment in the 

6 United States; and 

7 ‘‘(D) if the individual does not attest to 

8 United States citizenship or nationality, such 

9 identification or other authorization number es10 tablished by the Department of Homeland Se11 curity for the alien as the Secretary may speci12 fy. 

13 ‘‘(2) EMPLOYER ATTESTATION AFTER EXAM14 INATION OF DOCUMENTS.—Not later than 3 busi15 ness days after the date of hire, the person or entity 

16 shall attest, under penalty of perjury on the form 

17 designated by the Secretary for purposes of para18 graph (1), that it has verified that the individual is 

19 not an unauthorized alien by— 

20 ‘‘(A) obtaining from the individual the in21 formation described in paragraph (1) and re22 cording such information on the form; 

23 ‘‘(B) examining— 

24 ‘‘(i) a document described in para25 graph (3)(A); or 


pamtmann on DSKBC07HB2PROD with BILLS
186 

HR 1603 RFS

1 ‘‘(ii) a document described in para2 graph (3)(B) and a document described in 

3 paragraph (3)(C); and 

4 ‘‘(C) attesting that the information re5 corded on the form is consistent with the docu6 ments examined. 

7 ‘‘(3) ACCEPTABLE DOCUMENTS.— 

8 ‘‘(A) DOCUMENTS ESTABLISHING EMPLOY9 MENT AUTHORIZATION AND IDENTITY.—A doc10 ument described in this subparagraph is an in11 dividual’s— 

12 ‘‘(i) United States passport or pass13 port card; 

14 ‘‘(ii) permanent resident card that 

15 contains a photograph; 

16 ‘‘(iii) foreign passport containing tem17 porary evidence of lawful permanent resi18 dence in the form of an official I–551 (or 

19 successor) stamp from the Department of 

20 Homeland Security or a printed notation 

21 on a machine-readable immigrant visa; 

22 ‘‘(iv) unexpired employment author23 ization card that contains a photograph; 

24 ‘‘(v) in the case of a nonimmigrant 

25 alien authorized to engage in employment 


pamtmann on DSKBC07HB2PROD with BILLS
187 

HR 1603 RFS

1 for a specific employer incident to status, 

2 a foreign passport with Form I–94, Form 

3 I–94A, or other documentation as des4 ignated by the Secretary specifying the 

5 alien’s nonimmigrant status as long as 

6 such status has not yet expired and the 

7 proposed employment is not in conflict 

8 with any restrictions or limitations identi9 fied in the documentation; 

10 ‘‘(vi) passport from the Federated 

11 States of Micronesia or the Republic of the 

12 Marshall Islands with Form I–94, Form I– 

13 94A, or other documentation as designated 

14 by the Secretary, indicating nonimmigrant 

15 admission under the Compact of Free As16 sociation Between the United States and 

17 the Federated States of Micronesia or the 

18 Republic of the Marshall Islands; or 

19 ‘‘(vii) other document designated by 

20 the Secretary, by notice published in the 

21 Federal Register, if the document— 

22 ‘‘(I) contains a photograph of the 

23 individual, biometric identification 

24 data, and other personal identifying 

25 information relating to the individual; 


pamtmann on DSKBC07HB2PROD with BILLS
188 

HR 1603 RFS

1 ‘‘(II) is evidence of authorization 

2 for employment in the United States; 

3 and 

4 ‘‘(III) contains security features 

5 to make it resistant to tampering, 

6 counterfeiting, and fraudulent use. 

7 ‘‘(B) DOCUMENTS ESTABLISHING EMPLOY8 MENT AUTHORIZATION.—A document described 

9 in this subparagraph is— 

10 ‘‘(i) an individual’s social security ac11 count number card (other than such a card 

12 which specifies on the face that the 

13 issuance of the card does not authorize em14 ployment in the United States); or 

15 ‘‘(ii) a document establishing employ16 ment authorization that the Secretary de17 termines, by notice published in the Fed18 eral Register, to be acceptable for purposes 

19 of this subparagraph, provided that such 

20 documentation contains security features 

21 to make it resistant to tampering, counter22 feiting, and fraudulent use. 

23 ‘‘(C) DOCUMENTS ESTABLISHING IDEN24 TITY.—A document described in this subpara25 graph is— 


pamtmann on DSKBC07HB2PROD with BILLS
189 

HR 1603 RFS

1 ‘‘(i) an individual’s driver’s license or 

2 identification card if it was issued by a 

3 State or one of the outlying possessions of 

4 the United States and contains a photo5 graph and personal identifying information 

6 relating to the individual; 

7 ‘‘(ii) an individual’s unexpired United 

8 States military identification card; 

9 ‘‘(iii) an individual’s unexpired Native 

10 American tribal identification document 

11 issued by a tribal entity recognized by the 

12 Bureau of Indian Affairs; 

13 ‘‘(iv) in the case of an individual 

14 under 18 years of age, a parent or legal 

15 guardian’s attestation under penalty of law 

16 as to the identity and age of the individual; 

17 or 

18 ‘‘(v) a document establishing identity 

19 that the Secretary determines, by notice 

20 published in the Federal Register, to be ac21 ceptable for purposes of this subparagraph, 

22 if such documentation contains a photo23 graph of the individual, biometric identi24 fication data, and other personal identi25 fying information relating to the indiVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
190 

HR 1603 RFS

1 vidual, and security features to make it re2 sistant to tampering, counterfeiting, and 

3 fraudulent use. 

4 ‘‘(D) AUTHORITY TO PROHIBIT USE OF

5 CERTAIN DOCUMENTS.—If the Secretary finds 

6 that any document or class of documents de7 scribed in subparagraph (A), (B), or (C) does 

8 not reliably establish identity or employment 

9 authorization or is being used fraudulently to 

10 an unacceptable degree, the Secretary may, by 

11 notice published in the Federal Register, pro12 hibit or place conditions on the use of such doc13 ument or class of documents for purposes of 

14 this section. 

15 ‘‘(4) USE OF THE SYSTEM TO SCREEN IDEN16 TITY AND EMPLOYMENT AUTHORIZATION.— 

17 ‘‘(A) IN GENERAL.—In the case of a per18 son or entity that uses the System for the hir19 ing, recruiting, or referring for a fee an indi20 vidual for employment in the United States, 

21 during the period described in subparagraph 

22 (B), the person or entity shall submit an in23 quiry through the System described in sub24 section (a) to seek verification of the identity 

25 and employment authorization of the individual. 


pamtmann on DSKBC07HB2PROD with BILLS
191 

HR 1603 RFS

1 ‘‘(B) VERIFICATION PERIOD.— 

2 ‘‘(i) IN GENERAL.—Except as pro3 vided in clause (ii), and subject to sub4 section (d), the verification period shall 

5 begin on the date of hire and end on the 

6 date that is 3 business days after the date 

7 of hire, or such other reasonable period as 

8 the Secretary may prescribe. 

9 ‘‘(ii) SPECIAL RULE.—In the case of 

10 an alien who is authorized to be employed 

11 in the United States and who provides evi12 dence from the Social Security Administra13 tion that the alien has applied for a social 

14 security account number, the verification 

15 period shall end 3 business days after the 

16 alien receives the social security account 

17 number. 

18 ‘‘(C) CONFIRMATION.—If a person or enti19 ty receives confirmation of an individual’s iden20 tity and employment authorization, the person 

21 or entity shall record such confirmation on the 

22 form designated by the Secretary for purposes 

23 of paragraph (1). 

24 ‘‘(D) TENTATIVE NONCONFIRMATION.— 


pamtmann on DSKBC07HB2PROD with BILLS
192 

HR 1603 RFS

1 ‘‘(i) IN GENERAL.—In cases of ten2 tative nonconfirmation, the Secretary shall 

3 provide, in consultation with the Commis4 sioner, a process for— 

5 ‘‘(I) an individual to contest the 

6 tentative nonconfirmation not later 

7 than 10 business days after the date 

8 of the receipt of the notice described 

9 in clause (ii); and 

10 ‘‘(II) the Secretary to issue a 

11 confirmation or final nonconfirmation 

12 of an individual’s identity and employ13 ment authorization not later than 30 

14 calendar days after the Secretary re15 ceives notice from the individual con16 testing a tentative nonconfirmation. 

17 ‘‘(ii) NOTICE.—If a person or entity 

18 receives a tentative nonconfirmation of an 

19 individual’s identity or employment author20 ization, the person or entity shall, not later 

21 than 3 business days after receipt, notify 

22 such individual in writing in a language 

23 understood by the individual and on a form 

24 designated by the Secretary, that shall in25 clude a description of the individual’s right 


pamtmann on DSKBC07HB2PROD with BILLS
193 

HR 1603 RFS

1 to contest the tentative nonconfirmation. 

2 The person or entity shall attest, under 

3 penalty of perjury, that the person or enti4 ty provided (or attempted to provide) such 

5 notice to the individual, and the individual 

6 shall acknowledge receipt of such notice in 

7 a manner specified by the Secretary. 

8 ‘‘(iii) NO CONTEST.— 

9 ‘‘(I) IN GENERAL.—A tentative 

10 nonconfirmation shall become final if, 

11 upon receiving the notice described in 

12 clause (ii), the individual— 

13 ‘‘(aa) refuses to acknowledge 

14 receipt of such notice; 

15 ‘‘(bb) acknowledges in writ16 ing, in a manner specified by the 

17 Secretary, that the individual will 

18 not contest the tentative noncon19 firmation; or 

20 ‘‘(cc) fails to contest the 

21 tentative nonconfirmation within 

22 the 10-business-day period begin23 ning on the date the individual 

24 received such notice. 


pamtmann on DSKBC07HB2PROD with BILLS
194 

HR 1603 RFS

1 ‘‘(II) RECORD OF NO CON2 TEST.—The person or entity shall in3 dicate in the System that the indi4 vidual did not contest the tentative 

5 nonconfirmation and shall specify the 

6 reason the tentative nonconfirmation 

7 became final under subclause (I). 

8 ‘‘(III) EFFECT OF FAILURE TO

9 CONTEST.—An individual’s failure to 

10 contest a tentative nonconfirmation 

11 shall not be considered an admission 

12 of any fact with respect to any viola13 tion of this Act or any other provision 

14 of law. 

15 ‘‘(iv) CONTEST.— 

16 ‘‘(I) IN GENERAL.—An individual 

17 may contest a tentative nonconfirma18 tion by using the tentative noncon19 firmation review process under clause 

20 (i), not later than 10 business days 

21 after receiving the notice described in 

22 clause (ii). Except as provided in 

23 clause (iii), the nonconfirmation shall 

24 remain tentative until a confirmation 


pamtmann on DSKBC07HB2PROD with BILLS
195 

HR 1603 RFS

1 or final nonconfirmation is provided 

2 by the System. 

3 ‘‘(II) PROHIBITION ON TERMI4 NATION.—In no case shall a person or 

5 entity terminate employment or take 

6 any adverse employment action 

7 against an individual for failure to ob8 tain confirmation of the individual’s 

9 identity and employment authoriza10 tion until the person or entity receives 

11 a notice of final nonconfirmation from 

12 the System. Nothing in this subclause 

13 shall prohibit an employer from termi14 nating the employment of the indi15 vidual for any other lawful reason. 

16 ‘‘(III) CONFIRMATION OR FINAL

17 NONCONFIRMATION.—The Secretary, 

18 in consultation with the Commis19 sioner, shall issue notice of a con20 firmation or final nonconfirmation of 

21 the individual’s identity and employ22 ment authorization not later than 30 

23 calendar days after the date the Sec24 retary receives notice from the indiVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00195 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
196 

HR 1603 RFS

1 vidual contesting the tentative non2 confirmation. 

3 ‘‘(E) FINAL NONCONFIRMATION.— 

4 ‘‘(i) NOTICE.—If a person or entity 

5 receives a final nonconfirmation of an indi6 vidual’s identity or employment authoriza7 tion, the person or entity shall, not later 

8 than 3 business days after receipt, notify 

9 such individual of the final nonconfirma10 tion in writing, on a form designated by 

11 the Secretary, which shall include informa12 tion regarding the individual’s right to ap13 peal the final nonconfirmation as provided 

14 under subparagraph (F). The person or 

15 entity shall attest, under penalty of per16 jury, that the person or entity provided (or 

17 attempted to provide) the notice to the in18 dividual, and the individual shall acknowl19 edge receipt of such notice in a manner 

20 designated by the Secretary. 

21 ‘‘(ii) TERMINATION OR NOTIFICATION

22 OF CONTINUED EMPLOYMENT.—If a per23 son or entity receives a final nonconfirma24 tion regarding an individual, the person or 

25 entity may terminate employment of the 


pamtmann on DSKBC07HB2PROD with BILLS
197 

HR 1603 RFS

1 individual. If the person or entity does not 

2 terminate such employment pending appeal 

3 of the final nonconfirmation, the person or 

4 entity shall notify the Secretary of such 

5 fact through the System. Failure to notify 

6 the Secretary in accordance with this 

7 clause shall be deemed a violation of sec8 tion 274A(a)(1)(A). 

9 ‘‘(iii) PRESUMPTION OF VIOLATION

10 FOR CONTINUED EMPLOYMENT.—If a per11 son or entity continues to employ an indi12 vidual after receipt of a final nonconfirma13 tion, there shall be a rebuttable presump14 tion that the person or entity has violated 

15 paragraphs (1)(A) and (a)(2) of section 

16 274A(a). 

17 ‘‘(F) APPEAL OF FINAL NONCONFIRMA18 TION.— 

19 ‘‘(i) ADMINISTRATIVE APPEAL.—The 

20 Secretary, in consultation with the Com21 missioner, shall develop a process by which 

22 an individual may seek administrative re23 view of a final nonconfirmation. Such proc24 ess shall— 


pamtmann on DSKBC07HB2PROD with BILLS
198 

HR 1603 RFS

1 ‘‘(I) permit the individual to sub2 mit additional evidence establishing 

3 identity or employment authorization; 

4 ‘‘(II) ensure prompt resolution of 

5 an appeal (but in no event shall there 

6 be a failure to respond to an appeal 

7 within 30 days); and 

8 ‘‘(III) permit the Secretary to 

9 impose a civil money penalty (not to 

10 exceed $500) on an individual upon 

11 finding that an appeal was frivolous 

12 or filed for purposes of delay. 

13 ‘‘(ii) COMPENSATION FOR LOST

14 WAGES RESULTING FROM GOVERNMENT

15 ERROR OR OMISSION.— 

16 ‘‘(I) IN GENERAL.—If, upon con17 sideration of an appeal of a final non18 confirmation, the Secretary deter19 mines that the final nonconfirmation 

20 was issued in error, the Secretary 

21 shall further determine whether the 

22 final nonconfirmation was the result 

23 of government error or omission. If 

24 the Secretary determines that the 

25 final nonconfirmation was solely the 


pamtmann on DSKBC07HB2PROD with BILLS
199 

HR 1603 RFS

1 result of government error or omission 

2 and the individual was terminated 

3 from employment, the Secretary shall 

4 compensate the individual for lost 

5 wages. 

6 ‘‘(II) CALCULATION OF LOST

7 WAGES.—Lost wages shall be cal8 culated based on the wage rate and 

9 work schedule that were in effect 

10 prior to the individual’s termination. 

11 The individual shall be compensated 

12 for lost wages beginning on the first 

13 scheduled work day after employment 

14 was terminated and ending 90 days 

15 after completion of the administrative 

16 review process described in this sub17 paragraph or the day the individual is 

18 reinstated or obtains other employ19 ment, whichever occurs first. 

20 ‘‘(III) LIMITATION ON COM21 PENSATION.—No compensation for 

22 lost wages shall be awarded for any 

23 period during which the individual 

24 was not authorized for employment in 

25 the United States. 


pamtmann on DSKBC07HB2PROD with BILLS
200 

HR 1603 RFS

1 ‘‘(IV) SOURCE OF FUNDS.— 

2 There is established in the general 

3 fund of the Treasury, a separate ac4 count which shall be known as the 

5 ‘Electronic Verification Compensation 

6 Account’. Fees collected under sub7 sections (f) and (g) shall be deposited 

8 in the Electronic Verification Com9 pensation Account and shall remain 

10 available for purposes of providing 

11 compensation for lost wages under 

12 this subclause. 

13 ‘‘(iii) JUDICIAL REVIEW.—Not later 

14 than 30 days after the dismissal of an ap15 peal under this subparagraph, an indi16 vidual may seek judicial review of such dis17 missal in the United States District Court 

18 in the jurisdiction in which the employer 

19 resides or conducts business. 

20 ‘‘(5) RETENTION OF VERIFICATION RECORDS.— 

21 ‘‘(A) IN GENERAL.—After completing the 

22 form designated by the Secretary in accordance 

23 with paragraphs (1) and (2), the person or enti24 ty shall retain the form in paper, microfiche, 

25 microfilm, electronic, or other format deemed 


pamtmann on DSKBC07HB2PROD with BILLS
201 

HR 1603 RFS

1 acceptable by the Secretary, and make it avail2 able for inspection by officers of the Depart3 ment of Homeland Security, the Department of 

4 Justice, or the Department of Labor during the 

5 period beginning on the date the verification is 

6 completed and ending on the later of— 

7 ‘‘(i) the date that is 3 years after the 

8 date of hire; or 

9 ‘‘(ii) the date that is 1 year after the 

10 date on which the individual’s employment 

11 is terminated. 

12 ‘‘(B) COPYING OF DOCUMENTATION PER13 MITTED.—Notwithstanding any other provision 

14 of law, a person or entity may copy a document 

15 presented by an individual pursuant to this sec16 tion and may retain the copy, but only for the 

17 purpose of complying with the requirements of 

18 this section. 

19 ‘‘(c) REVERIFICATION OF PREVIOUSLY HIRED INDI20 VIDUALS.— 

21 ‘‘(1) MANDATORY REVERIFICATION.—In the 

22 case of a person or entity that uses the System for 

23 the hiring, recruiting, or referring for a fee an indi24 vidual for employment in the United States, the per25 son or entity shall submit an inquiry using the SysVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
202 

HR 1603 RFS

1 tem to verify the identity and employment authoriza2 tion of— 

3 ‘‘(A) an individual with a limited period of 

4 employment authorization, within 3 business 

5 days before the date on which such employment 

6 authorization expires; and 

7 ‘‘(B) an individual, not later than 10 days 

8 after receiving a notification from the Secretary 

9 requiring the verification of such individual pur10 suant to subsection (a)(4)(C). 

11 ‘‘(2) REVERIFICATION PROCEDURES.—The 

12 verification procedures under subsection (b) shall 

13 apply to reverifications under this subsection, except 

14 that employers shall— 

15 ‘‘(A) use a form designated by the Sec16 retary for purposes of this paragraph; and 

17 ‘‘(B) retain the form in paper, microfiche, 

18 microfilm, electronic, or other format deemed 

19 acceptable by the Secretary, and make it avail20 able for inspection by officers of the Depart21 ment of Homeland Security, the Department of 

22 Justice, or the Department of Labor during the 

23 period beginning on the date the reverification 

24 commences and ending on the later of— 


pamtmann on DSKBC07HB2PROD with BILLS
203 

HR 1603 RFS

1 ‘‘(i) the date that is 3 years after the 

2 date of reverification; or 

3 ‘‘(ii) the date that is 1 year after the 

4 date on which the individual’s employment 

5 is terminated. 

6 ‘‘(3) LIMITATION ON REVERIFICATION.—Except 

7 as provided in paragraph (1), a person or entity may 

8 not otherwise reverify the identity and employment 

9 authorization of a current employee, including an 

10 employee continuing in employment. 

11 ‘‘(d) GOOD FAITH COMPLIANCE.— 

12 ‘‘(1) IN GENERAL.—Except as otherwise pro13 vided in this subsection, a person or entity that uses 

14 the System is considered to have complied with the 

15 requirements of this section notwithstanding a tech16 nical failure of the System, or other technical or pro17 cedural failure to meet such requirement if there 

18 was a good faith attempt to comply with the require19 ment. 

20 ‘‘(2) EXCEPTION FOR FAILURE TO CORRECT

21 AFTER NOTICE.—Paragraph (1) shall not apply if— 

22 ‘‘(A) the failure is not de minimis; 

23 ‘‘(B) the Secretary has provided notice to 

24 the person or entity of the failure, including an 

25 explanation as to why it is not de minimis; 


pamtmann on DSKBC07HB2PROD with BILLS
204 

HR 1603 RFS

1 ‘‘(C) the person or entity has been pro2 vided a period of not less than 30 days (begin3 ning after the date of the notice) to correct the 

4 failure; and 

5 ‘‘(D) the person or entity has not corrected 

6 the failure voluntarily within such period. 

7 ‘‘(3) EXCEPTION FOR PATTERN OR PRACTICE

8 VIOLATORS.—Paragraph (1) shall not apply to a 

9 person or entity that has engaged or is engaging in 

10 a pattern or practice of violations of paragraph 

11 (1)(A) or (2) of section 274A(a). 

12 ‘‘(4) DEFENSE.—In the case of a person or en13 tity that uses the System for the hiring, recruiting, 

14 or referring for a fee an individual for employment 

15 in the United States, the person or entity shall not 

16 be liable to a job applicant, an employee, the Federal 

17 Government, or a State or local government, under 

18 Federal, State, or local criminal or civil law, for any 

19 employment-related action taken with respect to an 

20 employee in good-faith reliance on information pro21 vided by the System. Such person or entity shall be 

22 deemed to have established compliance with its obli23 gations under this section, absent a showing by the 

24 Secretary, by clear and convincing evidence, that the 


pamtmann on DSKBC07HB2PROD with BILLS
205 

HR 1603 RFS

1 employer had knowledge that an employee is an un2 authorized alien. 

3 ‘‘(e) LIMITATIONS.— 

4 ‘‘(1) NO NATIONAL IDENTIFICATION CARD.— 

5 Nothing in this section shall be construed to author6 ize, directly or indirectly, the issuance or use of na7 tional identification cards or the establishment of a 

8 national identification card. 

9 ‘‘(2) USE OF RECORDS.—Notwithstanding any 

10 other provision of law, nothing in this section shall 

11 be construed to permit or allow any department, bu12 reau, or other agency of the United States Govern13 ment to utilize any information, database, or other 

14 records assembled under this section for any purpose 

15 other than the verification of identity and employ16 ment authorization of an individual or to ensure the 

17 secure, appropriate, and non-discriminatory use of 

18 the System. 

19 ‘‘(f) PENALTIES.— 

20 ‘‘(1) IN GENERAL.—Except as provided in this 

21 subsection, the provisions of subsections (e) through 

22 (g) of section 274A shall apply with respect to com23 pliance with the provisions of this section and pen24 alties for non-compliance for persons or entitles that 

25 use the System. 


pamtmann on DSKBC07HB2PROD with BILLS
206 

HR 1603 RFS

1 ‘‘(2) CEASE AND DESIST ORDER WITH CIVIL

2 MONEY PENALTIES FOR HIRING, RECRUITING, AND

3 REFERRAL VIOLATIONS.—Notwithstanding the civil 

4 money penalties set forth in section 274A(e)(4), with 

5 respect to a violation of paragraph (1)(A) or (2) of 

6 section 274A(a) by a person or entity that has hired, 

7 recruited, or referred for a fee, an individual for em8 ployment in the United States, a cease and desist 

9 order— 

10 ‘‘(A) shall require the person or entity to 

11 pay a civil penalty in an amount, subject to 

12 subsection (d), of— 

13 ‘‘(i) not less than $2,500 and not 

14 more than $5,000 for each unauthorized 

15 alien with respect to whom a violation of 

16 either such subsection occurred; 

17 ‘‘(ii) not less than $5,000 and not 

18 more than $10,000 for each such alien in 

19 the case of a person or entity previously 

20 subject to one order under this paragraph; 

21 or 

22 ‘‘(iii) not less than $10,000 and not 

23 more than $25,000 for each such alien in 

24 the case of a person or entity previously 


pamtmann on DSKBC07HB2PROD with BILLS
207 

HR 1603 RFS

1 subject to more than one order under this 

2 paragraph; and 

3 ‘‘(B) may require the person or entity to 

4 take such other remedial action as appropriate. 

5 ‘‘(3) ORDER FOR CIVIL MONEY PENALTY FOR

6 VIOLATIONS.—With respect to a violation of section 

7 274A(a)(1)(B), the order under this paragraph shall 

8 require the person or entity to pay a civil penalty in 

9 an amount, subject to paragraphs (4), (5), and (6), 

10 of not less than $1,000 and not more than $25,000 

11 for each individual with respect to whom such viola12 tion occurred. Failure by a person or entity to utilize 

13 the System as required by law or providing informa14 tion to the System that the person or entity knows 

15 or reasonably believes to be false, shall be treated as 

16 a violation of section 274A(a)(1)(A). 

17 ‘‘(4) EXEMPTION FROM PENALTY FOR GOOD

18 FAITH VIOLATION.— 

19 ‘‘(A) IN GENERAL.—A person or entity 

20 that uses the System is presumed to have acted 

21 with knowledge for purposes of paragraphs 

22 (1)(A) and (2) of section 274A(a) if the person 

23 or entity fails to make an inquiry to verify the 

24 identity and employment authorization of the 

25 individual through the System. 


pamtmann on DSKBC07HB2PROD with BILLS
208 

HR 1603 RFS

1 ‘‘(B) GOOD FAITH EXEMPTION.—In the 

2 case of imposition of a civil penalty under para3 graph (2)(A) with respect to a violation of para4 graph (1)(A) or (2) of section 274A(a) for hir5 ing or continuation of employment or recruit6 ment or referral by a person or entity, and in 

7 the case of imposition of a civil penalty under 

8 paragraph (3) for a violation of section 

9 274A(a)(1)(B) for hiring or recruitment or re10 ferral by a person or entity, the penalty other11 wise imposed may be waived or reduced if the 

12 person or entity establishes that the person or 

13 entity acted in good faith. 

14 ‘‘(5) MITIGATION ELEMENTS.—For purposes of 

15 paragraphs (2)(A) and (3), when assessing the level 

16 of civil money penalties, in addition to the good faith 

17 of the person or entity being charged, due consider18 ation shall be given to the size of the business, the 

19 seriousness of the violation, whether or not the indi20 vidual was an unauthorized alien, and the history of 

21 previous violations. 

22 ‘‘(6) CRIMINAL PENALTY.—Notwithstanding 

23 section 274A(f)(1) and the provisions of any other 

24 Federal law relating to fine levels, any person or en25 tity that is required to comply with the provisions of 


pamtmann on DSKBC07HB2PROD with BILLS
209 

HR 1603 RFS

1 this section and that engages in a pattern or prac2 tice of violations of paragraph (1) or (2) of section 

3 274A(a), shall be fined not more than $5,000 for 

4 each unauthorized alien with respect to whom such 

5 a violation occurs, imprisoned for not more than 18 

6 months, or both. 

7 ‘‘(7) ELECTRONIC VERIFICATION COMPENSA8 TION ACCOUNT.—Civil money penalties collected 

9 under this subsection shall be deposited in the Elec10 tronic Verification Compensation Account for the 

11 purpose of compensating individuals for lost wages 

12 as a result of a final nonconfirmation issued by the 

13 System that was based on government error or omis14 sion, as set forth in subsection (b)(4)(F)(ii)(IV). 

15 ‘‘(8) DEBARMENT.— 

16 ‘‘(A) IN GENERAL.—If a person or entity 

17 is determined by the Secretary to be a repeat 

18 violator of paragraph (1)(A) or (2) of section 

19 274A(a) or is convicted of a crime under sec20 tion 274A, such person or entity may be consid21 ered for debarment from the receipt of Federal 

22 contracts, grants, or cooperative agreements in 

23 accordance with the debarment standards and 

24 pursuant to the debarment procedures set forth 

25 in the Federal Acquisition Regulation. 


pamtmann on DSKBC07HB2PROD with BILLS
210 

HR 1603 RFS

1 ‘‘(B) NO CONTRACT, GRANT, AGREE2 MENT.—If the Secretary or the Attorney Gen3 eral wishes to have a person or entity consid4 ered for debarment in accordance with this 

5 paragraph, and such a person or entity does not 

6 hold a Federal contract, grant or cooperative 

7 agreement, the Secretary or Attorney General 

8 shall refer the matter to the Administrator of 

9 General Services to determine whether to list 

10 the person or entity on the List of Parties Ex11 cluded from Federal Procurement, and if so, for 

12 what duration and under what scope. 

13 ‘‘(C) CONTRACT, GRANT, AGREEMENT.—If 

14 the Secretary or the Attorney General wishes to 

15 have a person or entity considered for debar16 ment in accordance with this paragraph, and 

17 such person or entity holds a Federal contract, 

18 grant, or cooperative agreement, the Secretary 

19 or Attorney General shall advise all agencies or 

20 departments holding a contract, grant, or coop21 erative agreement with the person or entity of 

22 the Government’s interest in having the person 

23 or entity considered for debarment, and after 

24 soliciting and considering the views of all such 

25 agencies and departments, the Secretary or AtVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00210 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
211 

HR 1603 RFS

1 torney General may refer the matter to the ap2 propriate lead agency to determine whether to 

3 list the person or entity on the List of Parties 

4 Excluded from Federal Procurement, and if so, 

5 for what duration and under what scope. 

6 ‘‘(D) REVIEW.—Any decision to debar a 

7 person or entity in accordance with this sub8 section shall be reviewable pursuant to part 9.4 

9 of the Federal Acquisition Regulation. 

10 ‘‘(9) PREEMPTION.—The provisions of this sec11 tion preempt any State or local law, ordinance, pol12 icy, or rule, including any criminal or civil fine or 

13 penalty structure, relating to the hiring, continued 

14 employment, or status verification for employment 

15 eligibility purposes, of unauthorized aliens, except 

16 that a State, locality, municipality, or political sub17 division may exercise its authority over business li18 censing and similar laws as a penalty for failure to 

19 use the System as required under this section. 

20 ‘‘(g) UNFAIR IMMIGRATION-RELATED EMPLOYMENT

21 PRACTICES AND THE SYSTEM.— 

22 ‘‘(1) IN GENERAL.—In addition to the prohibi23 tions on discrimination set forth in section 274B, it 

24 is an unfair immigration-related employment pracVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00211 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
212 

HR 1603 RFS

1 tice for a person or entity, in the course of utilizing 

2 the System— 

3 ‘‘(A) to use the System for screening an 

4 applicant prior to the date of hire; 

5 ‘‘(B) to terminate the employment of an 

6 individual or take any adverse employment ac7 tion with respect to that individual due to a 

8 tentative nonconfirmation issued by the System; 

9 ‘‘(C) to use the System to screen any indi10 vidual for any purpose other than confirmation 

11 of identity and employment authorization as 

12 provided in this section; 

13 ‘‘(D) to use the System to verify the iden14 tity and employment authorization of a current 

15 employee, including an employee continuing in 

16 employment, other than reverification author17 ized under subsection (c); 

18 ‘‘(E) to use the System to discriminate 

19 based on national origin or citizenship status; 

20 ‘‘(F) to willfully fail to provide an indi21 vidual with any notice required under this title; 

22 ‘‘(G) to require an individual to make an 

23 inquiry under the self-verification procedures 

24 described in subsection (a)(4)(B) or to provide 

25 the results of such an inquiry as a condition of 


pamtmann on DSKBC07HB2PROD with BILLS
213 

HR 1603 RFS

1 employment, or hiring, recruiting, or referring; 

2 or 

3 ‘‘(H) to terminate the employment of an 

4 individual or take any adverse employment ac5 tion with respect to that individual based upon 

6 the need to verify the identity and employment 

7 authorization of the individual as required by 

8 subsection (b). 

9 ‘‘(2) PREEMPLOYMENT SCREENING AND BACK10 GROUND CHECK.—Nothing in paragraph (1)(A) 

11 shall be construed to preclude a preemployment 

12 screening or background check that is required or 

13 permitted under any other provision of law. 

14 ‘‘(3) CIVIL MONEY PENALTIES FOR DISCRIMINA15 TORY CONDUCT.—Notwithstanding section 

16 274B(g)(2)(B)(iv), the penalties that may be im17 posed by an administrative law judge with respect to 

18 a finding that a person or entity has engaged in an 

19 unfair immigration-related employment practice de20 scribed in paragraph (1) are— 

21 ‘‘(A) not less than $1,000 and not more 

22 than $4,000 for each individual discriminated 

23 against; 

24 ‘‘(B) in the case of a person or entity pre25 viously subject to a single order under this 


pamtmann on DSKBC07HB2PROD with BILLS
214 

HR 1603 RFS

1 paragraph, not less than $4,000 and not more 

2 than $10,000 for each individual discriminated 

3 against; and 

4 ‘‘(C) in the case of a person or entity pre5 viously subject to more than one order under 

6 this paragraph, not less than $6,000 and not 

7 more than $20,000 for each individual discrimi8 nated against. 

9 ‘‘(4) ELECTRONIC VERIFICATION COMPENSA10 TION ACCOUNT.—Civil money penalties collected 

11 under this subsection shall be deposited in the Elec12 tronic Verification Compensation Account for the 

13 purpose of compensating individuals for lost wages 

14 as a result of a final nonconfirmation issued by the 

15 System that was based on government error or omis16 sion, as set forth in subsection (b)(4)(F)(ii)(IV). 

17 ‘‘(h) CLARIFICATION.—All rights and remedies pro18 vided under any Federal, State, or local law relating to 

19 workplace rights, including but not limited to back pay, 

20 are available to an employee despite— 

21 ‘‘(1) the employee’s status as an unauthorized 

22 alien during or after the period of employment; or 

23 ‘‘(2) the employer’s or employee’s failure to 

24 comply with the requirements of this section. 


pamtmann on DSKBC07HB2PROD with BILLS
215 

HR 1603 RFS

1 ‘‘(i) DEFINITION.—In this section, the term ‘date of 

2 hire’ means the date on which employment for pay or 

3 other remuneration commences.’’. 

4 (b) CONFORMING AMENDMENT.—The table of con5 tents for the Immigration and Nationality Act is amended 

6 by inserting after the item relating to section 274D the 

7 following: 

‘‘Sec. 274E. Requirements for the electronic verification of employment eligibility.’’. 

8 SEC. 302. MANDATORY ELECTRONIC VERIFICATION FOR 

9 THE AGRICULTURAL INDUSTRY. 

10 (a) IN GENERAL.—The requirements for the elec11 tronic verification of identity and employment authoriza12 tion described in section 274E of the Immigration and Na13 tionality Act, as inserted by section 301 of this Act, shall 

14 apply to a person or entity hiring, recruiting, or referring 

15 for a fee an individual for agricultural employment in the 

16 United States in accordance with the effective dates set 

17 forth in subsection (b). 

18 (b) EFFECTIVE DATES.— 

19 (1) HIRING.—Subsection (a) shall apply to a 

20 person or entity hiring an individual for agricultural 

21 employment in the United States as follows: 

22 (A) With respect to employers having 500 

23 or more employees in the United States on the 

24 date of the enactment of this Act, on the date 


pamtmann on DSKBC07HB2PROD with BILLS
216 

HR 1603 RFS

1 that is 6 months after completion of the appli2 cation period described in section 101(c). 

3 (B) With respect to employers having 100 

4 or more employees in the United States (but 

5 less than 500 such employees) on the date of 

6 the enactment of this Act, on the date that is 

7 9 months after completion of the application pe8 riod described in section 101(c). 

9 (C) With respect to employers having 20 

10 or more employees in the United States (but 

11 less than 100 such employees) on the date of 

12 the enactment of this Act, on the date that is 

13 12 months after completion of the application 

14 period described in section 101(c). 

15 (D) With respect to employers having one 

16 or more employees in the United States, (but 

17 less than 20 such employees) on the date of the 

18 enactment of this Act, on the date that is 15 

19 months after completion of the application pe20 riod described in section 101(c). 

21 (2) RECRUITING AND REFERRING FOR A FEE.— 

22 Subsection (a) shall apply to a person or entity re23 cruiting or referring for a fee an individual for agri24 cultural employment in the United States on the 


pamtmann on DSKBC07HB2PROD with BILLS
217 

HR 1603 RFS

1 date that is 12 months after completion of the appli2 cation period described in section 101(c). 

3 (3) TRANSITION RULE.—Except as required 

4 under subtitle A of title IV of the Illegal Immigra5 tion Reform and Immigrant Responsibility Act of 

6 1996 (8 U.S.C. 1324a note) (as in effect on the day 

7 before the effective date described in section 

8 303(a)(4)), Executive Order No. 13465 (8 U.S.C. 

9 1324a note; relating to Government procurement), 

10 or any State law requiring persons or entities to use 

11 the E–Verify Program described in section 403(a) of 

12 the Illegal Immigration Reform and Immigrant Re13 sponsibility Act of 1996 (8 U.S.C. 1324a note) (as 

14 in effect on the day before the effective date de15 scribed in section 303(a)(4)), sections 274A and 

16 274B of the Immigration and Nationality Act (8 

17 U.S.C. 1324a and 1324b) shall apply to a person or 

18 entity hiring, recruiting, or referring an individual 

19 for employment in the United States until the appli20 cable effective date under this subsection. 

21 (4) E–VERIFY VOLUNTARY USERS AND OTHERS

22 DESIRING EARLY COMPLIANCE.—Nothing in this 

23 subsection shall be construed to prohibit persons or 

24 entities, including persons or entities that have vol25 untarily elected to participate in the E–Verify ProVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00217 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
218 

HR 1603 RFS

1 gram described in section 403(a) of the Illegal Im2 migration Reform and Immigrant Responsibility Act 

3 of 1996 (8 U.S.C. 1324a note) (as in effect on the 

4 day before the effective date described in section 

5 303(a)(4)), from seeking early compliance on a vol6 untary basis. 

7 (5) DELAYED IMPLEMENTATION.—The Sec8 retary of Homeland Security, in consultation with 

9 the Secretary of Agriculture, may delay the effective 

10 dates described in paragraphs (1) and (2) for a pe11 riod not to exceed 180 days if the Secretary deter12 mines, based on the most recent report described in 

13 section 133 and other relevant data, that a signifi14 cant number of applications under section 101 re15 main pending. 

16 (c) RURAL ACCESS TO ASSISTANCE FOR TENTATIVE

17 NONCONFIRMATION REVIEW PROCESS.— 

18 (1) IN GENERAL.—The Secretary of Homeland 

19 Security shall coordinate with the Secretary of Agri20 culture, in consultation with the Commissioner of 

21 Social Security, to create a process for individuals to 

22 seek assistance in contesting a tentative noncon23 firmation as described in section 274E(b)(4)(D) of 

24 the Immigration and Nationality Act, as inserted by 


pamtmann on DSKBC07HB2PROD with BILLS
219 

HR 1603 RFS

1 section 301 of this Act, at local offices or service 

2 centers of the U.S. Department of Agriculture. 

3 (2) STAFFING AND RESOURCES.—The Sec4 retary of Homeland Security and Secretary of Agri5 culture shall ensure that local offices and service 

6 centers of the U.S. Department of Agriculture are 

7 staffed appropriately and have the resources nec8 essary to provide information and support to individ9 uals seeking the assistance described in paragraph 

10 (1), including by facilitating communication between 

11 such individuals and the Department of Homeland 

12 Security or the Social Security Administration. 

13 (3) CLARIFICATION.—Nothing in this sub14 section shall be construed to delegate authority or 

15 transfer responsibility for reviewing and resolving 

16 tentative nonconfirmations from the Secretary of 

17 Homeland Security and the Commissioner of Social 

18 Security to the Secretary of Agriculture. 

19 (d) DOCUMENT ESTABLISHING EMPLOYMENT AU20 THORIZATION AND IDENTITY.—In accordance with section 

21 274E(b)(3)(A)(vii) of the Immigration and Nationality 

22 Act, as inserted by section 301 of this Act, and not later 

23 than 12 months after the completion of the application 

24 period described in section 101(c) of this Act, the Sec25 retary of Homeland Security shall recognize documentary 


pamtmann on DSKBC07HB2PROD with BILLS
220 

HR 1603 RFS

1 evidence of certified agricultural worker status described 

2 in section 102(a)(2) of this Act as valid proof of employ3 ment authorization and identity for purposes of section 

4 274E(b)(3)(A) of the Immigration and Nationality Act, 

5 as inserted by section 301 of this Act. 

6 (e) AGRICULTURAL EMPLOYMENT.—For purposes of 

7 this section, the term ‘‘agricultural employment’’ means 

8 agricultural labor or services, as defined by section 

9 101(a)(15)(H)(ii) of the Immigration and Nationality Act 

10 (8 U.S.C. 1101(a)(15)(H)(ii)), as amended by this Act. 

11 SEC. 303. COORDINATION WITH E–VERIFY PROGRAM. 

12 (a) REPEAL.— 

13 (1) IN GENERAL.—Subtitle A of title IV of the 

14 Illegal Immigration Reform and Immigrant Respon15 sibility Act of 1996 (8 U.S.C. 1324a note) is re16 pealed. 

17 (2) CLERICAL AMENDMENT.—The table of sec18 tions, in section 1(d) of the Illegal Immigration Re19 form and Immigrant Responsibility Act of 1996, is 

20 amended by striking the items relating to subtitle A 

21 of title IV. 

22 (3) REFERENCES.—Any reference in any Fed23 eral, State, or local law, Executive order, rule, regu24 lation, or delegation of authority, or any document 

25 of, or pertaining to, the Department of Homeland 


pamtmann on DSKBC07HB2PROD with BILLS
221 

HR 1603 RFS

1 Security, Department of Justice, or the Social Secu2 rity Administration, to the E–Verify Program de3 scribed in section 403(a) of the Illegal Immigration 

4 Reform and Immigrant Responsibility Act of 1996 

5 (8 U.S.C. 1324a note), or to the employment eligi6 bility confirmation system established under section 

7 404 of the Illegal Immigration Reform and Immi8 grant Responsibility Act of 1996 (8 U.S.C. 1324a 

9 note), is deemed to refer to the employment eligi10 bility confirmation system established under section 

11 274E of the Immigration and Nationality Act, as in12 serted by section 301 of this Act. 

13 (4) EFFECTIVE DATE.—This subsection, and 

14 the amendments made by this subsection, shall take 

15 effect on the date that is 30 days after the date on 

16 which final rules are published under section 309(a). 

17 (b) FORMER E–VERIFY MANDATORY USERS, IN18 CLUDING FEDERAL CONTRACTORS.—Beginning on the ef19 fective date in subsection (a)(4), the Secretary of Home20 land Security shall require employers required to partici21 pate in the E–Verify Program described in section 403(a) 

22 of the Illegal Immigration Reform and Immigrant Respon23 sibility Act of 1996 (8 U.S.C. 1324a note) by reason of 

24 any Federal, State, or local law, Executive order, rule, reg25 ulation, or delegation of authority, including employers reVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00221 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
222 

HR 1603 RFS

1 quired to participate in such program by reason of Federal 

2 acquisition laws (and regulations promulgated under those 

3 laws, including the Federal Acquisition Regulation), to 

4 comply with the requirements of section 274E of the Im5 migration and Nationality Act, as inserted by section 301 

6 of this Act (and any additional requirements of such Fed7 eral acquisition laws and regulation) in lieu of any require8 ment to participate in the E–Verify Program. 

9 (c) FORMER E–VERIFY VOLUNTARY USERS.—Begin10 ning on the effective date in subsection (a)(4), the Sec11 retary of Homeland Security shall provide for the vol12 untary compliance with the requirements of section 274E 

13 of the Immigration and Nationality Act, as inserted by 

14 section 301 of this Act, by employers voluntarily electing 

15 to participate in the E–Verify Program described in sec16 tion 403(a) of the Illegal Immigration Reform and Immi17 grant Responsibility Act of 1996 (8 U.S.C. 1324a note) 

18 before such date. 

19 SEC. 304. FRAUD AND MISUSE OF DOCUMENTS. 

20 Section 1546(b) of title 18, United States Code, is 

21 amended— 

22 (1) in paragraph (1), by striking ‘‘identification 

23 document,’’ and inserting ‘‘identification document 

24 or document meant to establish employment author25 ization,’’; 


pamtmann on DSKBC07HB2PROD with BILLS
223 

HR 1603 RFS

1 (2) in paragraph (2), by striking ‘‘identification 

2 document’’ and inserting ‘‘identification document or 

3 document meant to establish employment authoriza4 tion,’’; and 

5 (3) in the matter following paragraph (3) by in6 serting ‘‘or section 274E(b)’’ after ‘‘section 

7 274A(b)’’. 

8 SEC. 305. TECHNICAL AND CONFORMING AMENDMENTS. 

9 (a) UNLAWFUL EMPLOYMENT OF ALIENS.—Section 

10 274A of the Immigration and Nationality Act (8 U.S.C. 

11 1324a) is amended— 

12 (1) in paragraph (1)(B)(ii) of subsection (a), by 

13 striking ‘‘subsection (b).’’ and inserting ‘‘section 

14 274B.’’; and 

15 (2) in the matter preceding paragraph (1) of 

16 subsection (b), by striking ‘‘The requirements re17 ferred’’ and inserting ‘‘Except as provided in section 

18 274E, the requirements referred’’. 

19 (b) UNFAIR IMMIGRATION-RELATED EMPLOYMENT

20 PRACTICES.—Section 274B(a)(1) of the Immigration and 

21 Nationality Act (8 U.S.C. 1324b(a)(1)) is amended in the 

22 matter preceding subparagraph (A), by inserting ‘‘includ23 ing misuse of the verification system as described in sec24 tion 274E(g)’’ after ‘‘referral for a fee,’’. 


pamtmann on DSKBC07HB2PROD with BILLS
224 

HR 1603 RFS

1 SEC. 306. PROTECTION OF SOCIAL SECURITY ADMINISTRA2 TION PROGRAMS. 

3 (a) FUNDING UNDER AGREEMENT.—Effective for 

4 fiscal years beginning on or after October 1, 2021, the 

5 Commissioner and the Secretary shall ensure that an 

6 agreement is in place which shall— 

7 (1) provide funds to the Commissioner for the 

8 full costs of the responsibilities of the Commissioner 

9 with respect to employment eligibility verification, 

10 including under this title and the amendments made 

11 by this title, and including— 

12 (A) acquiring, installing, and maintaining 

13 technological equipment and systems necessary 

14 for the fulfillment of such responsibilities, but 

15 only that portion of such costs that are attrib16 utable exclusively to such responsibilities; and 

17 (B) responding to individuals who contest 

18 a tentative nonconfirmation or administratively 

19 appeal a final nonconfirmation provided with 

20 respect to employment eligibility verification; 

21 (2) provide such funds annually in advance of 

22 the applicable quarter based on an estimating meth23 odology agreed to by the Commissioner and the Sec24 retary (except in such instances where the delayed 

25 enactment of an annual appropriation may preclude 

26 such quarterly payments); and 


pamtmann on DSKBC07HB2PROD with BILLS
225 

HR 1603 RFS

1 (3) require an annual accounting and reconcili2 ation of the actual costs incurred and the funds pro3 vided under the agreement, which shall be reviewed 

4 by the Inspectors General of the Social Security Ad5 ministration and the Department of Homeland Secu6 rity. 

7 (b) CONTINUATION OF EMPLOYMENT VERIFICATION

8 IN ABSENCE OF TIMELY AGREEMENT.—In any case in 

9 which the agreement required under subsection (a) for any 

10 fiscal year beginning on or after October 1, 2021, has not 

11 been reached as of October 1 of such fiscal year, the latest 

12 agreement described in such subsection shall be deemed 

13 in effect on an interim basis for such fiscal year until such 

14 time as an agreement required under subsection (a) is sub15 sequently reached, except that the terms of such interim 

16 agreement shall be modified to adjust for inflation and any 

17 increase or decrease in the volume of requests under the 

18 employment eligibility verification system. In any case in 

19 which an interim agreement applies for any fiscal year 

20 under this subsection, the Commissioner and the Sec21 retary shall, not later than October 1 of such fiscal year, 

22 notify the Committee on Ways and Means, the Committee 

23 on the Judiciary, and the Committee on Appropriations 

24 of the House of Representatives and the Committee on 

25 Finance, the Committee on the Judiciary, and the ComVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00225 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
226 

HR 1603 RFS

1 mittee on Appropriations of the Senate of the failure to 

2 reach the agreement required under subsection (a) for 

3 such fiscal year. Until such time as the agreement re4 quired under subsection (a) has been reached for such fis5 cal year, the Commissioner and the Secretary shall, not 

6 later than the end of each 90-day period after October 

7 1 of such fiscal year, notify such Committees of the status 

8 of negotiations between the Commissioner and the Sec9 retary in order to reach such an agreement. 

10 SEC. 307. REPORT ON THE IMPLEMENTATION OF THE 

11 ELECTRONIC EMPLOYMENT VERIFICATION 

12 SYSTEM. 

13 Not later than 24 months after the date on which 

14 final rules are published under section 309(a), and annu15 ally thereafter, the Secretary shall submit to Congress a 

16 report that includes the following: 

17 (1) An assessment of the accuracy rates of the 

18 responses of the electronic employment verification 

19 system established under section 274E of the Immi20 gration and Nationality Act, as inserted by section 

21 301 of this Act (referred to in this section as the 

22 ‘‘System’’), including tentative and final noncon23 firmation notices issued to employment-authorized 

24 individuals and confirmation notices issued to indi25 viduals who are not employment-authorized. 


pamtmann on DSKBC07HB2PROD with BILLS
227 

HR 1603 RFS

1 (2) An assessment of any challenges faced by 

2 persons or entities (including small employers) in 

3 utilizing the System. 

4 (3) An assessment of any challenges faced by 

5 employment-authorized individuals who are issued 

6 tentative or final nonconfirmation notices. 

7 (4) An assessment of the incidence of unfair 

8 immigration-related employment practices, as de9 scribed in section 274E(g) of the Immigration and 

10 Nationality Act, as inserted by section 301 of this 

11 Act, related to the use of the System. 

12 (5) An assessment of the photo matching and 

13 other identity authentication tools, as described in 

14 section 274E(a)(4) of the Immigration and Nation15 ality Act, as inserted by section 301 of this Act, in16 cluding— 

17 (A) an assessment of the accuracy rates of 

18 such tools; 

19 (B) an assessment of the effectiveness of 

20 such tools at preventing identity fraud and 

21 other misuse of identifying information; 

22 (C) an assessment of any challenges faced 

23 by persons, entities, or individuals utilizing such 

24 tools; and 


pamtmann on DSKBC07HB2PROD with BILLS
228 

HR 1603 RFS

1 (D) an assessment of operation and main2 tenance costs associated with such tools. 

3 (6) A summary of the activities and findings of 

4 the U.S. Citizenship and Immigrations Services E– 

5 Verify Monitoring and Compliance Branch, or any 

6 successor office, including— 

7 (A) the number, types and outcomes of au8 dits, investigations, and other compliance activi9 ties initiated by the Branch in the previous 

10 year; 

11 (B) the capacity of the Branch to detect 

12 and prevent violations of section 274E(g) of the 

13 Immigration and Nationality Act, as inserted by 

14 this Act; and 

15 (C) an assessment of the degree to which 

16 persons and entities misuse the System, includ17 ing— 

18 (i) use of the System before an indi19 vidual’s date of hire; 

20 (ii) failure to provide required notifi21 cations to individuals; 

22 (iii) use of the System to interfere 

23 with or otherwise impede individuals’ as24 sertions of their rights under other laws; 

25 and 


pamtmann on DSKBC07HB2PROD with BILLS
229 

HR 1603 RFS

1 (iv) use of the System for unauthor2 ized purposes; and 

3 (7) An assessment of the impact of implementa4 tion of the System in the agricultural industry and 

5 the use of the verification system in agricultural in6 dustry hiring and business practices. 

7 SEC. 308. MODERNIZING AND STREAMLINING THE EMPLOY8 MENT ELIGIBILITY VERIFICATION PROCESS. 

9 Not later than 12 months after the date of the enact10 ment of this Act, the Secretary, in consultation with the 

11 Commissioner, shall submit to Congress a plan to mod12 ernize and streamline the employment eligibility 

13 verification process that shall include— 

14 (1) procedures to allow persons and entities to 

15 verify the identity and employment authorization of 

16 newly hired individuals where the in-person, physical 

17 examination of identity and employment authoriza18 tion documents is not practicable; 

19 (2) a proposal to create a simplified employ20 ment verification process that allows employers that 

21 utilize the employment eligibility verification system 

22 established under section 274E of the Immigration 

23 and Nationality Act, as inserted by section 301 of 

24 this Act, to verify the identity and employment au25 thorization of individuals without also having to 


pamtmann on DSKBC07HB2PROD with BILLS
230 

HR 1603 RFS

1 complete and retain Form I–9, Employment Eligi2 bility Verification, or any subsequent replacement 

3 form; and 

4 (3) any other proposal that the Secretary deter5 mines would simplify the employment eligibility 

6 verification process without compromising the integ7 rity or security of the system. 

8 SEC. 309. RULEMAKING AND PAPERWORK REDUCTION ACT. 

9 (a) IN GENERAL.—Not later than 180 days prior to 

10 the end of the application period defined in section 101(c) 

11 of this Act, the Secretary shall publish in the Federal Reg12 ister proposed rules implementing this title and the 

13 amendments made by this title. The Secretary shall final14 ize such rules not later than 180 days after the date of 

15 publication. 

16 (b) PAPERWORK REDUCTION ACT.— 

17 (1) IN GENERAL.—The requirements under 

18 chapter 35 of title 44, United States Code, (com19 monly known as the ‘‘Paperwork Reduction Act’’) 

20 shall apply to any action to implement this title or 

21 the amendments made by this title. 

22 (2) ELECTRONIC FORMS.—All forms designated 

23 or established by the Secretary that are necessary to 

24 implement this title and the amendments made by 

25 this title shall be made available in paper and elecVerDate Sep 11 2014 23:17 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00230 Fmt 6652 Sfmt 6201 E:\BILLS\H1603.RFS H1603

pamtmann on DSKBC07HB2PROD with BILLS
231 

HR 1603 RFS

1 tronic formats, and shall be designed in such a man2 ner to facilitate electronic completion, storage, and 

3 transmittal. 

4 (3) LIMITATION ON USE OF FORMS.—All forms 

5 designated or established by the Secretary that are 

6 necessary to implement this title, and the amend7 ments made by this title, and any information con8 tained in or appended to such forms, may not be 

9 used for purposes other than for enforcement of this 

10 Act and any other provision of Federal criminal law. 

Passed the House of Representatives March 18, 

2021. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


pamtmann on DSKBC07HB2PROD with BILLS