March 18, 2021 CONGRESSIONAL RECORD — HOUSE H1527 Pursuant to clause 1(c) of rule XIX, Sec. 205. Report on wage protections. pendent status to the spouse or child of an alien further consideration of H.R. 6 is post- Sec. 206. Portable H–2A visa pilot program. granted certified agricultural worker status poned. Sec. 207. Improving access to permanent resi- under paragraph (1) if the spouse or child is not dence. ineligible for certified agricultural dependent f Subtitle B—Preservation and Construction of status as provided in subsection (b). FARM WORKFORCE Farmworker Housing (b) GROUNDS FOR INELIGIBILITY.— (1) GROUNDS OF INADMISSIBILITY.—Except as MODERNIZATION ACT OF 2021 Sec. 220. Short title. provided in paragraph (3), an alien is ineligible Sec. 221. Permanent establishment of housing Mr. NADLER. Madam Speaker, pur- for certified agricultural worker or certified ag- preservation and revitalization suant to House Resolution 233, I call up ricultural dependent status if the Secretary de- program. termines that the alien is inadmissible under the bill (H.R. 1603) to amend the Immi- Sec. 222. Eligibility for rural housing vouchers. section 212(a) of the Immigration and Nation- gration and Nationality Act to provide Sec. 223. Amount of voucher assistance. ality Act (8 U.S.C. 1182(a)), except that in deter- for terms and conditions for non- Sec. 224. Rental assistance contract authority. mining inadmissibility— immigrant workers performing agricul- Sec. 225. Funding for multifamily technical im- (A) paragraphs (4), (5), (7), and (9)(B) of such tural labor or services, and for other provements. section shall not apply; purposes, and ask for its immediate Sec. 226. Plan for preserving affordability of rental projects. (B) subparagraphs (A), (C), (D), (F), and (G) consideration. of such section 212(a)(6) and paragraphs (9)(C) The Clerk read the title of the bill. Sec. 227. Covered housing programs. Sec. 228. New farmworker housing. and (10)(B) of such section 212(a) shall not The SPEAKER pro tempore. Pursu- Sec. 229. Loan and grant limitations. apply unless based on the act of unlawfully en- ant to House Resolution 233, the Sec. 230. Operating assistance subsidies. tering the United States after the date of intro- amendment printed in part C of House Sec. 231. Eligibility of certified workers. duction of this Act; and (C) paragraphs (6)(B) and (9)(A) of such sec- Report 117–12 is adopted, and the bill, Subtitle C—Foreign Labor Recruiter as amended, is considered read. tion 212(a) shall not apply unless the relevant Accountability conduct began on or after the date of filing of The text of the bill, as amended, is as Sec. 251. Registration of foreign labor recruit- the application for certified agricultural worker follows: ers. status. H.R. 1603 Sec. 252. Enforcement. (2) ADDITIONAL CRIMINAL BARS.—Except as Be it enacted by the Senate and House of Rep- Sec. 253. Appropriations. provided in paragraph (3), an alien is ineligible resentatives of the United States of America in Sec. 254. Definitions. for certified agricultural worker or certified ag- Congress assembled, TITLE III—ELECTRONIC VERIFICATION OF ricultural dependent status if the Secretary de- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. EMPLOYMENT ELIGIBILITY termines that, excluding any offense under State law for which an essential element is the (a) SHORT TITLE.—This Act may be cited as Sec. 301. Electronic employment eligibility the ‘‘Farm Workforce Modernization Act of verification system. alien’s immigration status and any minor traffic 2021’’. Sec. 302. Mandatory electronic verification for offense, the alien has been convicted of— (A) any felony offense; (b) TABLE OF CONTENTS.—The table of con- the agricultural industry. tents for this Act is as follows: Sec. 303. Coordination with E–Verify Program. (B) an aggravated felony (as defined in sec- tion 101(a)(43) of the Immigration and Nation- Sec. 1. Short title; table of contents. Sec. 304. Fraud and misuse of documents. Sec. 305. Technical and conforming amend- ality Act (8 U.S.C. 1101(a)(43)) at the time of the TITLE I—SECURING THE DOMESTIC ments. conviction); AGRICULTURAL WORKFORCE Sec. 306. Protection of Social Security Adminis- (C) two misdemeanor offenses involving moral Subtitle A—Temporary Status for Certified tration programs. turpitude, as described in section Agricultural Workers Sec. 307. Report on the implementation of the 212(a)(2)(A)(i)(I) of the Immigration and Nation- Sec. 101. Certified agricultural worker status. electronic employment verification ality Act (8 U.S.C. 1182(a)(2)(A)(i)(I)), unless an Sec. 102. Terms and conditions of certified sta- system. offense is waived by the Secretary under para- tus. Sec. 308. Modernizing and streamlining the em- graph (3)(B); or Sec. 103. Extensions of certified status. ployment eligibility verification (D) three or more misdemeanor offenses not Sec. 104. Determination of continuous presence. process. occurring on the same date, and not arising out Sec. 105. Employer obligations. Sec. 309. Rulemaking and Paperwork Reduction of the same act, omission, or scheme of mis- Sec. 106. Administrative and judicial review. Act. conduct. (3) WAIVERS FOR CERTAIN GROUNDS OF INAD- Subtitle B—Optional Earned Residence for TITLE I—SECURING THE DOMESTIC MISSIBILITY.—For humanitarian purposes, fam- Long-Term Workers AGRICULTURAL WORKFORCE ily unity, or if otherwise in the public interest, Sec. 111. Optional adjustment of status for Subtitle A—Temporary Status for Certified the Secretary may waive the grounds of inad- long-term agricultural workers. Agricultural Workers missibility under— Sec. 112. Payment of taxes. SEC. 101. CERTIFIED AGRICULTURAL WORKER (A) paragraph (1), (6)(E), or (10)(D) of section Sec. 113. Adjudication and decision; review. STATUS. 212(a) of the Immigration and Nationality Act (8 Subtitle C—General Provisions (a) REQUIREMENTS FOR CERTIFIED AGRICUL- U.S.C. 1182(a)); or Sec. 121. Definitions. TURAL WORKER STATUS.— (B) subparagraphs (A) and (D) of section Sec. 122. Rulemaking; Fees. (1) PRINCIPAL ALIENS.—The Secretary may 212(a)(2) of the Immigration and Nationality Act Sec. 123. Background checks. grant certified agricultural worker status to an (8 U.S.C. 1182(a)(2)), unless inadmissibility is Sec. 124. Protection for children. alien who submits a completed application, in- based on a conviction that would otherwise Sec. 125. Limitation on removal. cluding the required processing fees, before the render the alien ineligible under subparagraph Sec. 126. Documentation of agricultural work end of the period set forth in subsection (c) and (A), (B), or (D) of paragraph (2). history. who— (c) APPLICATION.— Sec. 127. Employer protections. (A) performed agricultural labor or services in (1) APPLICATION PERIOD.—Except as provided Sec. 128. Correction of social security records; the United States for at least 1,035 hours (or 180 in paragraph (2), the Secretary shall accept ini- conforming amendments. work days) during the 2-year period preceding tial applications for certified agricultural work- Sec. 129. Disclosures and privacy. the date of the introduction of this Act; er status during the 18-month period beginning Sec. 130. Penalties for false statements in appli- (B) on the date of the introduction of this on the date on which the interim final rule is cations. Act— published in the Federal Register pursuant to Sec. 131. Dissemination of information. (i) is inadmissible or deportable from the section 122(a). Sec. 132. Exemption from numerical limitations. United States; or (2) EXTENSION.—If the Secretary determines, Sec. 133. Reports to Congress. (ii) is under a grant of deferred enforced de- during the initial period described in paragraph Sec. 134. Grant program to assist eligible appli- parture or has temporary protected status under (1), that additional time is required to process cants. section 244 of the Immigration and Nationality initial applications for certified agricultural Sec. 135. Authorization of appropriations. Act; worker status or for other good cause, the Sec- (C) subject to section 104, has been continu- retary may extend the period for accepting ap- TITLE II—ENSURING AN AGRICULTURAL ously present in the United States since the date plications for up to an additional 12 months. WORKFORCE FOR THE FUTURE of the introduction of this Act and until the (3) SUBMISSION OF APPLICATIONS.— Subtitle A—Reforming the H–2A Temporary date on which the alien is granted certified agri- (A) IN GENERAL.—An alien may file an appli- Worker Program cultural worker status; and cation with the Secretary under this section Sec. 201. Comprehensive and streamlined elec- (D) is not otherwise ineligible for certified ag- with the assistance of an attorney or a non- tronic H–2A platform. ricultural worker status as provided in sub- profit religious, charitable, social service, or Sec. 202. H–2A program requirements. section (b). similar organization recognized by the Board of Sec. 203. Agency roles and responsibilities. (2) DEPENDENT SPOUSE AND CHILDREN.—The Immigration Appeals under section 292.2 of title Sec. 204. Worker protection and compliance. Secretary may grant certified agricultural de- 8, Code of Federal Regulations. The Secretary VerDate Sep 11 2014 04:45 Mar 19, 2021 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 6333 E:\CR\FM\K18MR7.036 H18MRPT1 ctelli on DSK11ZRN23PROD with HOUSE H1528 CONGRESSIONAL RECORD — HOUSE March 18, 2021 shall also create a procedure for accepting ap- migration and Nationality Act (8 U.S.C. (2) are not entitled to the premium assistance