Agricultural Guest Worker Reform Initiative Act of 2021
Bill: H.R.2086 | Sponsor: Rep. Crawford, Eric A. "Rick" (R-AR)
Policy area: Immigration

Summary:
Agricultural Guest Worker Reform Initiative Act of 2021 or the AGRI Act of 2021
This bill revises provisions related to H-2A (temporary agricultural worker) visas, including to eliminate certain requirements to hire U.S. workers, expand the program to include dairy and ranch workers, and shift administrative responsibilities from the Department of Labor to the Department of Agriculture (USDA).
The bill establishes a trust fund to be used to (1) administer and enforce the program, (2) collect a portion of guest worker wages to be paid upon a worker's return to the worker's country of origin, and (3) provide emergency medical services for guest workers.
The bill eliminates a requirement that, during the first half of the time period of a guest worker contract, certain employers must hire any qualified U.S. employee who applies to perform the job the guest worker was hired to perform.
Furthermore, an employer shall not be required to pay a guest worker a wage higher than the highest of federal, state, or local minimum wage rates.
The bill places limitations on when guest workers may receive civil legal assistance for low-income individuals.
Employer-provided housing shall be governed generally by USDA regulations, where currently such housing must meet applicable federal, state, or local standards. Employers shall not have to provide housing to workers who can reasonably return to their permanent residence within the same day.
An employer may file a civil action to recover transportation costs from a guest worker who absconds from a contract.

To amend the Immigration and Nationality Act to simplify and rename the 
              H-2C worker program, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Agricultural Guest Worker Reform 
Initiative Act of 2021'' or as the ``AGRI Act of 2021''.

SEC. 2. IN GENERAL.

    (a) Inclusion of Dairy or Ranch Workers.--Section 101(a)(15)(H) of 
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) is 
amended by inserting ``labor on a dairy or ranch and'' before 
``agricultural labor defined in''.
    (b) Elimination of 50 Percent Rule.--Section 218(c)(3) of such Act 
(8 U.S.C. 1188(c)(3)) is amended--
            (1) in subparagraph (A), by striking ``(A)''; and
            (2) by striking subparagraph (B).
    (c) Wage Rate.--Section 218(a)(1)(B) of such Act (8 U.S.C. 
1188(a)(1)(B)) is amended by striking the period at the end and 
inserting ``, except that no employer shall be required to pay a wage 
rate greater than the greatest of the Federal, State, and local minimum 
wage rates.''.
    (d) Legal Assistance From the Legal Services Corporation; Expedited 
Procedures for Replacement of an Absconded Worker.--Section 218(h) of 
such Act (8 U.S.C. 1188(h)) is amended by adding at the end the 
following:
    ``(3)(A) The Legal Services Corporation may not provide legal 
assistance for, or on behalf of, any alien, and may not provide 
financial assistance to any person or entity that provides legal 
assistance for, or on behalf of, any alien, unless--
            ``(i) the alien is present in the United States at the time 
        the legal assistance is provided; and
            ``(ii) the parties to the dispute have attempted, in good 
        faith, mediation or other non-binding dispute resolution of all 
        issues involving all such parties.
    ``(B) If an employer and a nonimmigrant having status under section 
101(a)(15)(H)(ii)(a) have an arbitration arrangement, the Legal 
Services Corporation shall respect the arbitration process and outcome.
    ``(C) No employer of a nonimmigrant having status under section 
101(a)(15)(H)(ii)(a) shall be required to permit any recipient of a 
grant or contract under section 1007 of the Legal Services Corporation 
Act (42 U.S.C. 2996f), or any employee of such a recipient, to enter 
upon the employer's property, unless such recipient or employee has a 
pre-arranged appointment with a specific nonimmigrant having such 
status.
    ``(4) If any agricultural guest worker absconds from his or her 
place of employment, the Secretary of Homeland Security, in 
coordination with the Secretary of State, the Secretary of Agriculture, 
and the Secretary of Labor, shall establish expedited procedures for 
permitting the employer to import a agricultural guest worker to 
replace the absconded worker.''.
    (e) Length of Stay.--Section 218 of such Act (8 U.S.C. 1188) is 
amended by adding at the end the following:
    ``(j) Length of Stay.--An agricultural guest worker who enters the 
United States may remain in the United States for a period of not more 
than 11 months. The agricultural guest worker may not enter the United 
States on an additional visa under section 101(a)(15)(H)(ii)(c) unless 
the agricultural guest worker first returns to that worker's country of 
origin for a period of not less than 1 month. An agricultural guest 
worker may enter and remain in the United States for a total of not 
more than 3 years.''.
    (f) Housing.--Section 218(c)(4) of such Act (8 U.S.C. 1188(c)(4)) 
is amended to read as follows:
            ``(4) Housing.--Except for agricultural guest workers who 
        are reasonably able to return to their permanent residence 
        (either within or outside the United States) within the same 
        day, the employer will provide housing to agricultural guest 
        workers through one of the following means:
                    ``(A) Employer-owned housing in accordance with 
                regulations promulgated by the Secretary of 
                Agriculture.
                    ``(B) Rental or public accommodations or other 
                substantially similar class of habitation in accordance 
                with regulations promulgated by the Secretary of 
                Agriculture.
                    ``(C) Except where the Governor of the State has 
                certified that there is inadequate housing available in 
                the area of intended employment for migrant farm 
                workers and agricultural guest workers seeking 
                temporary housing while employed in agricultural work, 
                the employer may furnish the worker with a housing 
                voucher in accordance with regulations, if--
                            ``(i) the employer has verified that 
                        housing is available for the period during 
                        which the work is to be performed, within a 
                        reasonable commuting distance of the place of 
                        employment, for the amount of the voucher 
                        provided, and that the voucher is useable for 
                        that housing;
                            ``(ii) upon the request of a worker seeking 
                        assistance in locating housing for which the 
                        voucher will be accepted, the employer makes a 
                        good faith effort to assist the worker in 
                        identifying, locating, and securing housing in 
                        the area of intended employment; and
                            ``(iii) payment for the housing is made 
                        with a housing voucher that is only redeemable 
                        by the housing owner or their agent.
        An employer who provides housing through one of the foregoing 
        means shall not be deemed a housing provider under section 203 
        of the Migrant and Seasonal Agricultural Worker Protection Act 
        (29 U.S.C. 1823) by virtue of providing such housing.''.
    (g) Absconding Aliens.--Section 218(f) of such Act (8 U.S.C. 
1188(f)) is amended by adding at the end the following: ``If the alien 
absconds, the employer shall not be liable for any violation of this 
section. The employer may, in a civil action, recover any costs of 
transportation paid to the alien and any fees paid pertaining to the 
importing of the alien.''.
    (h) Biometric Identification Card.--The Secretary of Homeland 
Security shall provide each nonimmigrant agricultural worker with an 
identification card that contains--
            (1) an encrypted, machine-readable, electronic 
        identification strip that is unique to the alien to whom the 
        card is issued;
            (2) biometric identifiers, including fingerprints and a 
        digital photograph; and
            (3) physical security features designed to prevent 
        tampering, counterfeiting, or duplication of the card for 
        fraudulent purposes.
    (i) Trust Fund.--
            (1) Establishment.--The Secretary of Agriculture shall 
        establish by regulation a trust fund the purpose of which is to 
        provide, without further appropriation, funds for the 
        administration and the enforcement of the program under this 
        section, for the cost of the cards issued under subsection (k), 
        for a monetary incentive for nonimmigrant agricultural workers 
        to return to their country of origin upon expiration of their 
        visas under the program, and for payment with respect to 
        emergency medical services furnished to nonimmigrant 
        agricultural workers. The Secretary of Agriculture in 
        consultation with the Secretary of the Treasury shall 
        promulgate such other regulations as may be necessary to carry 
        out this subsection.
            (2) Payment of fica and futa amounts into trust fund.--In 
        the case of employment of a nonimmigrant agricultural worker--
                    (A) the employer shall provide for payment into the 
                trust fund established under paragraph (1) of the sum 
                of--
                            (i) an amount equivalent to the amount of 
                        excise taxes which the employer would pay under 
                        chapter 21 of the Internal Revenue Code of 1986 
                        with respect to such employment if it were 
                        considered employment for the purpose of such 
                        Act; and
                            (ii) an amount equivalent to (and in lieu 
                        of) the amount of excise taxes which the 
                        employer would otherwise pay under chapter 23 
                        of such Code with respect to such employment; 
                        and
                    (B) there shall be deducted from the wages of the 
                worker and paid into such trust fund an amount 
                equivalent to the amount of excise taxes that the 
                employee would pay under such chapter 21 with respect 
                to such employment if it were considered employment for 
                the purposes of such Act.
            (3) Expenditures from trust fund.--
                    (A) Use of employer contributions for 
                administration.--Amounts described in paragraph (2)(A) 
                paid into the trust fund shall be used for the purpose 
                of administering and enforcing the program under this 
                section and for the cost of the cards issued under 
                subsection (k).
                    (B) Use of employee contributions for repayment of 
                employee contributions upon return to country of 
                origin.--Except as provided in subparagraph (C), 
                amounts described in paragraph (2)(B) paid into the 
                trust fund with respect to a nonimmigrant agricultural 
                worker shall, upon application by the worker at the 
                United States consulate nearest the worker's residence 
                in the country of origin, be paid to the worker if the 
                worker demonstrates the compliance of the worker with 
                the terms and conditions of the program.
                    (C) Use of employee contributions attributable to 
                hi taxes for emergency medical services for 
                nonimmigrant agricultural workers.--
                            (i) In general.--Amounts described in 
                        paragraph (2)(B) paid into the trust fund which 
                        relate to excise tax in section 3101(b) of the 
                        Internal Revenue Code of 1986 shall be used to 
                        provide payment with respect to emergency 
                        medical services (as defined in clause (iii)) 
                        for nonimmigrant agricultural workers.
                            (ii) Administration.--The Secretary of 
                        Agriculture shall establish rules, in 
                        consultation with the Secretary of Health and 
                        Human Services, with respect to the payments 
                        under this subparagraph, including methods for 
                        determining qualifications for payment and the 
                        amount of payment to be made with respect to 
                        emergency medical services.
                            (iii) Emergency medical services defined.--
                        In this subparagraph, the term ``emergency 
                        medical services'' means those items and 
                        services required to be provided under section 
                        1867 of the Social Security Act (42 U.S.C. 
                        1395dd) with respect to an individual who is a 
                        nonimmigrant agricultural worker and does not 
                        include items and services for which coverage 
                        under workers' compensation is required under 
                        subsection (f)(3) with respect to the worker.
    (j) Semiannual Reports to Congress.--The Secretary of Agriculture 
shall report to Congress semiannually regarding the program under this 
section. Each such report shall include a statement of the number of 
nonimmigrant visas issued under the program, an evaluation of the 
effectiveness of the program, a description of any problems related to 
the enforcement of the program, and any recommendations for legislation 
relating to the program.
    (k) Program Name and Administrator Changed.--Section 218 of the 
Immigration and Nationality Act (8 U.S.C. 1188), as amended by this 
Act, is further amended--
            (1) by striking ``H-2A worker'' each place it appears and 
        inserting ``agricultural guest worker''; and
            (2) by striking ``Secretary of Labor'' each place it 
        appears and inserting ``Secretary of Agriculture''.
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