Title: Keep Food Local and Affordable Act of 2021
Policy area: Immigration

Summary:
Keep Food Local and Affordable Act of 2021
This bill freezes the minimum wage for H-2A (temporary agricultural workers) in certain states through December 31, 2022.
Specifically, the bill prohibits an increase to the adverse effect wage rate for H-2A workers in any state (1) that had an unemployment rate of not more than 5% in the Bureau of Labor Statistics' August 2021 report; or (2) where the food price index, according to bureau reports, increased by more than 3% between December 2020 and September 2021 and the governor requests a freeze to the adverse effect wage rate.
(Generally, the minimum wage for an H-2A worker is the highest of the adverse effect wage rate, the prevailing hourly wage or piece rate, the federal minimum wage, or the applicable state minimum wage.)

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5887 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5887

To maintain 2021 H-2A adverse effect wage rates for calendar year 2022 
                to stabilize United States food prices.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 4, 2021

    Mr. Steube (for himself, Mr. Rouzer, Mr. Posey, Mr. Upton, Mr. 
   Huizenga, Ms. Salazar, Mr. Murphy of North Carolina, Mr. Moore of 
Alabama, Mrs. Cammack, Mr. Austin Scott of Georgia, Mr. Bishop of North 
   Carolina, Mr. Crawford, Mr. Hudson, and Mr. Allen) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To maintain 2021 H-2A adverse effect wage rates for calendar year 2022 
                to stabilize United States food prices.

    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 ``Keep Food Local and Affordable Act 
of 2021''.

SEC. 2. STAY OF ADVERSE EFFECT WAGE RATE INCREASES.

    (a) Prohibition of Modification.--The adverse effect wage rate 
required to be paid under section 655.1308 of title 20, Code of Federal 
Regulations, to nonimmigrants admitted under 101(a)(15)(H)(ii)(a) of 
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)), 
as in effect on October 1, 2021, shall remain the adverse effect wage 
rate for such employees through December 31, 2022, in any State--
            (1) that had an unemployment rate of not more than 5 
        percent, according to the Bureau of Labor Statistics' August 
        2021 report; or
            (2)(A) in which the Food Price Index, according to the 
        relevant Bureau of Labor Statistics' Consumer Price Index 
        reports, increased by more than 3 percent between December 2020 
        and September 2021; and
            (B) whose governor submits a request to the Secretary of 
        Labor not later than December 15, 2021, to freeze such adverse 
        effect wage rate with respect to such employees.
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