Overview
Title
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.
ELI5 AI
The Affordable and Secure Food Act of 2024 is a plan to help people from other countries work on farms in the U.S. legally, making sure they have fair conditions and safe places to stay, while also setting up special rules for businesses to check if these workers can work in the country.
Summary AI
The Affordable and Secure Food Act of 2024 aims to amend the Immigration and Nationality Act to establish terms and conditions for nonimmigrant workers performing agricultural labor in the U.S. It proposes a system for certifying agricultural workers, allowing them to gain temporary status and potential paths to permanent residency. The bill also outlines employer obligations, emphasizes worker protections, and includes measures to improve housing for farm workers. Additionally, it introduces reforms to the H-2A Temporary Worker Program and mandates an electronic system for verifying employment eligibility.
Published
Keywords AI
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AnalysisAI
The proposed legislation, known as the "Affordable and Secure Food Act of 2024," aims to address the terms and conditions for nonimmigrant agricultural workers in the United States. The bill seeks to provide pathways for undocumented agricultural workers to obtain temporary and potentially permanent legal status, reform the H-2A temporary worker program, enhance farm worker housing, promote accountability in foreign labor recruitment, and enforce electronic verification of employment eligibility in the agricultural sector.
Summary of Significant Issues
One of the notable issues is the use of the term "alien" throughout the bill, which is considered by many to be outdated and insensitive. This could affect how the public perceives and accepts the legislation. Additionally, the bill's provision to exempt certain categories of workers from numerical limits typically imposed on adjustments to lawful permanent resident status raises concerns about bypassing existing immigration controls, which could impact broader immigration policy debates.
The establishment and mandatory implementation of an electronic employment verification system is another central aspect of the bill. While it aims to ensure the legal working status of agricultural workers, it might impose significant administrative burdens, particularly on small businesses, without providing adequate support or resources. Moreover, this system raises privacy concerns as the bill does not comprehensively address how personal data will be protected.
The broad discretionary powers afforded to the Secretary of Homeland Security to waive inadmissibility for humanitarian reasons or family unity could lead to inconsistent application and lack of transparency in decision-making processes. Similarly, the authority to change status without limitations could potentially create loopholes or exploitative opportunities within the immigration system.
Furthermore, the appropriations authorized under the bill lack specific spending limits or oversight measures, which could spark concerns about unchecked or wasteful expenditures. This concern is amplified by the potential complexity and cost implications of the electronic verification system, raising questions about its feasibility and the fiscal responsibilities involved.
Impact on the Public and Stakeholders
At a broad level, the bill attempts to address labor shortages in the U.S. agricultural sector by creating structured pathways for foreign labor. This could potentially stabilize the agricultural workforce, supporting farmers and consumers by mitigating staffing shortages that can lead to higher food prices.
However, small agricultural businesses might face challenges adapting to new requirements, especially the complex verification system, which may not include necessary support to transition smoothly. This could result in increased operational costs or discourage small businesses from hiring new workers, potentially hindering their growth.
For undocumented agricultural workers, the bill offers a path to legal status, which may provide greater job security and access to public benefits. Nevertheless, the imposition of processing fees and stringent terms for continuous residence and work history may present obstacles for workers to qualify for the outlined status adjustments.
Additionally, the reformation of the H-2A program could enhance protections for foreign workers ensuring fair wages and working conditions while also benefiting employers by streamlining the hiring process. Nonetheless, the potential for increased bureaucratic complexity might still present challenges.
In summary, while the Affordable and Secure Food Act of 2024 aims to create a more secure and efficient system for agricultural workers and employers in the U.S., it also introduces various challenges and complexities related to immigration verification and legislative execution. Stakeholders will need to weigh the benefits of an organized agricultural workforce against the logistical and financial implications of implementing the bill's provisions.
Financial Assessment
The Affordable and Secure Food Act of 2024 outlines various financial commitments and appropriations aimed at reforming agricultural labor and immigration laws. The financial references in this bill are significant, impacting both government spending and the resources allocated to implement the proposed immigration reforms and worker protections.
Spending and Appropriations
The bill authorizes substantial financial commitments across several sections. For instance, Section 101 allows for a $250 processing fee for certified agricultural worker applications, while Section 111 imposes an additional $750 penalty fee for adjustment of status applications. These fees are to be deposited into the Immigration Examinations Fee Account, potentially offsetting some of the program's costs.
In Section 134, up to $10 million is allocated from the Immigration Examinations Fee Account to support a grant program designed to assist applicants in understanding and applying for the new status options. The use of funds for this purpose connects with the overall goal of enabling clearer pathways to immigration status amendments.
For housing and related support, Section 221 authorizes the appropriation of varying amounts, such as $75 million annually for farm worker housing loans and $30 million annually for housing assistance under Section 516, covering fiscal years 2024 through 2033. These allocations aim to improve living conditions for agricultural workers, one of the primary objectives of this bill.
Section 226 further establishes the Housing Preservation and Revitalization Program, authorizing $100 million for each fiscal year from 2024 to 2028. These efforts reflect the bill’s focus on ensuring safe and affordable housing options for agricultural workers.
Financial Allocations and Identified Issues
The financial commitments in the bill highlight several potential issues. Firstly, concerns arise regarding unchecked spending due to authorized appropriations being outlined without specific limits or oversight measures, as noted in Sections 122 and 135. This could lead to wasteful expenditures without mechanisms for accountability or efficiency evaluations.
Furthermore, the broad authority given to the Secretary in certain sections to waive fees or extend application periods "for other good cause" may lead to inconsistent or arbitrary funding decisions, impacting budget predictions and actual financial needs.
Lastly, the transition to a mandatory electronic employment verification system, as discussed in Sections 301 and 302, could impose significant financial burdens on small businesses without allocating funds for support or resources to assist these entities in compliance.
In summary, while the bill allocates funds to support its ambitious reform goals, several sections may benefit from tighter financial oversight and clearer definitions around spending limits and conditions. Addressing these aspects could enhance the bill’s effectiveness and ensure responsible use of resources.
Issues
The use of the term 'alien' in Sections 101(a) and 113(a) might be considered outdated or politically insensitive. This could impact the bill's public perception and acceptance.
The exemption from numerical limitations for adjusting to lawful permanent resident status in Section 132 might create broader immigration policy concerns, as it could effectively bypass existing caps and controls on immigration.
Sections 301 and 302 outline the establishment and mandatory use of an electronic employment verification system, which could place a significant administrative burden on small businesses due to complex implementation processes without sufficient support or resources.
There are potential privacy concerns in Section 301 regarding the handling of personal data by the electronic verification system, as comprehensive procedures for protecting this data from breaches or misuse are not detailed.
The provision for 'other good cause' as a reason to extend application periods or waive fees in Sections 101 and 122 is vague and could lead to inconsistent or arbitrary decisions.
The broad authority granted to the Secretary in Section 101 to waive grounds of inadmissibility for humanitarian purposes, family unity, or if otherwise in the public interest could result in inconsistent application and lack of transparency.
Certified agricultural workers are granted the ability to change status in Section 102 without limitations, which could lead to loopholes or exploitation of the system.
The bill authorizes appropriations without specific limits or oversight measures in Sections 122 and 135, raising concerns about unchecked or wasteful spending.
The dual intent provision in Section 207(e) involving H visas could complicate immigration law by altering the understanding of dual intent applicability, potentially leading to legal ambiguities.
Section 251's definition of 'foreign labor recruiter' lacks clarity regarding what constitutes 'foreign labor recruiting activity wholly outside of the United States', leading to potential ambiguity in enforcement.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title; table of contents Read Opens in new tab
Summary AI
The Affordable and Secure Food Act of 2024 aims to secure the domestic agricultural workforce by granting temporary and, possibly, permanent status to certified agricultural workers, reform the H-2A temporary worker program to make it more efficient and accessible, enhance farm worker housing, ensure accountability for foreign labor recruiters, and mandate electronic employment eligibility verification for the agricultural sector.
101. Certified agricultural worker status Read Opens in new tab
Summary AI
The section outlines how certain undocumented agricultural workers in the U.S. can apply for certified agricultural worker status. It details eligibility requirements, application procedures, and grounds for ineligibility, including specific rules for waivers, application extensions, and the process for handling applications and appeals.
Money References
- (7) PROCESSING FEE.—A principal alien, his or her spouse, or his or her child who submits an application for certified agricultural worker states under this subtitle shall pay a $250 processing fee, which shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)).
102. Terms and conditions of certified status Read Opens in new tab
Summary AI
Upon approval, the Secretary issues documents granting certified agricultural worker status, allowing travel and work authorization for 5.5 years, while these workers and their dependents can change status and access certain public benefits. The Secretary can revoke this status if eligibility requirements are no longer met, and the documents would then become invalid except for leaving the U.S.
103. Extensions of certified status Read Opens in new tab
Summary AI
The Secretary can extend the certified agricultural worker status for another 5.5 years if the workers meet certain work requirements and apply on time, while the status of their family members can also be extended if they are eligible. If a worker has difficulty meeting the application deadline, the Secretary might forgive the delay for valid reasons, and any worker with a pending application will have their status automatically extended until a decision is made. Employers must accept documentation of the worker's pending application as proof of employment eligibility, and if an application is denied, the worker will receive a notice with reasons for the denial and get extra time to present more evidence.
104. Determination of continuous presence Read Opens in new tab
Summary AI
In Section 104, it states that an applicant for certified agricultural worker status will not lose their continuous presence in the U.S. just because they were given a notice to appear under immigration rules. Additionally, if an applicant leaves the U.S. for over 90 days at once or over 180 days total, they may lose their continuous presence status unless special circumstances, like serious illness or authorized travel, apply.
105. Employer obligations Read Opens in new tab
Summary AI
An employer who hires a certified agricultural worker must give them a written record of their employment each year. If the employer fails to do so or provides false information knowingly, they can be fined up to $400 per violation, as long as the worker has provided proof of employment authorization. The fines collected will go into the Immigration Examinations Fee Account.
Money References
- — (1) IN GENERAL.—If the Secretary determines, after notice and an opportunity for a hearing, that an employer of an alien with certified agricultural worker status has knowingly failed to provide the record of employment required under subsection (a), or has provided a false statement of material fact in such a record, the employer shall be subject to a civil penalty in an amount not to exceed $400 per violation.
106. Administrative and judicial review Read Opens in new tab
Summary AI
The section outlines the processes for reviewing cases related to certified agricultural worker status. It specifies that applicants can seek administrative review if their application is denied or revoked, and allows these records to be used in immigration court. It also limits judicial review to certain immigration decisions about removal.
111. Optional adjustment of status for long-term agricultural workers Read Opens in new tab
Summary AI
The section outlines the process for long-term agricultural workers and their families to adjust their status to lawful permanent residents, provided they meet certain work requirements and pay a fee. It ensures protections for family members and allows applicants to work legally in the U.S. while their application is pending, with special provisions for withdrawing applications without penalty for future immigration benefits.
Money References
- (b) Penalty fee.—In addition to any processing fee that the Secretary may assess in accordance with section 122(b), a principal alien seeking adjustment of status under this subtitle shall pay a $750 penalty fee, which shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)).
112. Payment of taxes Read Opens in new tab
Summary AI
An alien cannot have their status adjusted unless they have paid any owed federal taxes. They can prove they've done this by providing specific documents, as determined by the Secretary and the Secretary of the Treasury.
113. Adjudication and decision; review Read Opens in new tab
Summary AI
The section outlines that the Secretary must decide on an application for status adjustment within 180 days of filing, and if considering denial, must notify the applicant of the reasons and allow 90 days to respond. It also establishes processes for both administrative and judicial reviews if an application is denied.
121. Definitions Read Opens in new tab
Summary AI
This section provides definitions for several terms used in the context of immigration law, including "agricultural labor or services," "applicable Federal tax liability," "child," and others. It clarifies meanings for these terms to ensure consistent understanding and application in relevant legal situations.
122. Rulemaking; Fees Read Opens in new tab
Summary AI
The Secretary must publish a temporary rule in the Federal Register within 180 days of the Act’s enactment to implement this title, which can be revised after public feedback. Additionally, the Secretary can charge a fee to aliens applying for benefits under this title but must provide options for fee waivers or payment in installments, and employers are allowed to pay these fees on behalf of the aliens and their families.
123. Background checks Read Opens in new tab
Summary AI
The section requires aliens seeking certified agricultural worker status or lawful permanent resident status to submit their biometric and biographic data. It mandates that security and law enforcement background checks be conducted using this data to ensure the alien does not have any disqualifying factors before granting them the desired status.
124. Protection for children Read Opens in new tab
Summary AI
For the purposes of applying for certified agricultural dependent status or permanent residency, this section states that a person's status as a child is determined by their age when they first apply. This rule will only be effective for up to 10 years from the time of their initial application.
125. Limitation on removal Read Opens in new tab
Summary AI
Aliens who seem to qualify for a particular status under this title cannot be removed from the U.S. until it's officially decided they don't qualify. If someone is in removal proceedings but appears to qualify, those proceedings must be paused to give them a chance to apply. Even if they've been ordered to leave, they can still apply for status, and if approved, their removal order is canceled. Departing the U.S. won't count against those who leave with permission or have certain resident status.
126. Documentation of agricultural work history Read Opens in new tab
Summary AI
Aliens applying for certified agricultural worker status must prove their work history through various records or affidavits, with special procedures for those who worked under assumed names. Exceptions allow for partial credit due to extraordinary circumstances like COVID-19, severe weather, or personal health issues, and certain activities related to caring for horses can also count towards these work requirements.
127. Employer protections Read Opens in new tab
Summary AI
Employers who continue to employ an undocumented worker applying for certified agricultural worker status won't violate immigration laws during the application process, and records shared to support such an application can't be used against the employer in legal proceedings. However, these protections do not apply if the employer provides fraudulent employment documents.
128. Correction of social security records; conforming amendments Read Opens in new tab
Summary AI
The section outlines amendments to the Social Security Act, allowing certain immigrants who gain agricultural worker or dependent status under the Affordable and Secure Food Act of 2024 to have their social security statuses updated. It also mandates developing an automated system to assign social security numbers to these individuals, coordinated by the Social Security Commissioner and the Department of Homeland Security.
129. Disclosures and privacy Read Opens in new tab
Summary AI
The section outlines that the Secretary cannot use information from applications for agricultural worker status for immigration enforcement, nor can they refer applicants to immigration authorities based solely on application details. However, exceptions allow sharing information with security agencies for certain purposes like fraud prevention and national security. Violating these rules could result in a fine, and measures must be in place to protect personal information.
Money References
- (d) Penalty.—Any person who knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $10,000.
130. Penalties for false statements in applications Read Opens in new tab
Summary AI
Any person who knowingly makes false statements or uses fake documents when applying for agricultural worker status could be fined, imprisoned for up to 5 years, or both. Additionally, if convicted, they would be inadmissible to the United States, and fines collected will go to a specific immigration fee account.
131. Dissemination of information Read Opens in new tab
Summary AI
The section mandates that the Secretary of Homeland Security, along with other relevant officials, must distribute information about the benefits and requirements for aliens under the title. This information must be shared widely and provided to agricultural employers to display at their worksites.
132. Exemption from numerical limitations Read Opens in new tab
Summary AI
Aliens applying to become lawful permanent residents under this title are exempt from the numerical limits that usually restrict the number of individuals who can adjust to this status, according to the Immigration and Nationality Act. They will not be counted towards these limits.
133. Reports to Congress Read Opens in new tab
Summary AI
The section requires the Secretary to submit a yearly report for ten years to Congress, detailing how many immigrants applied for and received various agricultural and residency statuses, as well as how many dependents were included in these applications. This report also includes information about those granted extensions, adjustments of status, and changes to H-2A or H-4 status.
134. Grant program to assist eligible applicants Read Opens in new tab
Summary AI
The section outlines a grant program through which the Secretary can provide competitive grants to nonprofit organizations. These organizations will use the funds to help eligible individuals with information and application assistance for agricultural worker status, utilizing a designated fund and ensuring eligibility for legal assistance despite certain restrictions.
Money References
- (c) Use of funds.—Grant funds awarded under this section may be used for the design and implementation of programs that provide— (1) information to the public regarding the eligibility and benefits of certified agricultural worker status authorized under this title; and (2) assistance, within the scope of authorized practice of immigration law, to individuals submitting applications for certified agricultural worker status or adjustment of status under this title, including— (A) screening prospective applicants to assess their eligibility for such status; (B) completing applications, including providing assistance in obtaining necessary documents and supporting evidence; and (C) providing any other assistance that the Secretary determines useful to assist aliens in applying for certified agricultural worker status or adjustment of status under this title. (d) Source of funds.—In addition to any funds appropriated to carry out this section, the Secretary shall use up to $10,000,000 from the Immigration Examinations Fee Account under section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)) to carry out this section.
135. Authorization of appropriations Read Opens in new tab
Summary AI
The section allows the Secretary to receive as much funding as necessary for the implementation of this title for the fiscal years 2024 to 2026, covering any costs that might come from starting this process.
201. Comprehensive and streamlined electronic H–2A platform Read Opens in new tab
Summary AI
The bill requires the creation of a streamlined electronic platform for employers to file for H-2A workers, aiming to simplify and enhance the process by minimizing repetitive paperwork and improving communication between agencies and employers. Additionally, it mandates the maintenance of a publicly accessible online job registry to help workers find available H-2A job opportunities with language support.
202. H–2A program requirements Read Opens in new tab
Summary AI
The document outlines the requirements for the H-2A visa program, which allows temporary agricultural workers from other countries to work in the United States. It covers various conditions employers must meet, such as ensuring there are not enough U.S. workers available, providing fair wages and working conditions, and safeguarding workers' rights and housing. It also discusses procedures for petitions, visa limitations, and the responsibilities of both employers and labor recruiters.
218. Admission of temporary H–2A workers Read Opens in new tab
Summary AI
This section outlines the conditions under which temporary H-2A workers can be admitted to the United States for agricultural work. It specifies requirements for labor certification, petition filings by employers, wage and housing standards, transportation provisions, and adherence to federal and state laws, aiming to protect both U.S. and foreign workers involved in the program.
203. Agency roles and responsibilities Read Opens in new tab
Summary AI
The text outlines the roles and responsibilities of the Secretary of Labor and the Secretary of Homeland Security in managing the H-2A visa program, focusing on aspects like job order processing, fraud prevention, and visa adjudication. It also details the creation of a special fund from collected fees and penalties to support the program's administration, including personnel costs and audits.
204. Worker protection and compliance Read Opens in new tab
Summary AI
The text outlines protections and requirements for H-2A workers, ensuring they receive equal rights and remedies as U.S. workers and protecting against frivolous lawsuits and unfair demands. It also introduces free mediation services, mandates surety bonds for farm labor contractors, and addresses issues of successors in interest to prevent abuses in the certification process.
Money References
- — (i) IN GENERAL.—Subject to clause (ii), there is authorized to be appropriated to the Federal Mediation and Conciliation Service $5,600,000 for fiscal year 2024 and $4,600,000 for each of the following 10 fiscal years to carry out this subparagraph.
205. Report on wage protections Read Opens in new tab
Summary AI
The section requires the Secretaries of Labor and Agriculture to submit a report every three years to the Senate and House Judiciary Committees. The report should examine how hiring H–2A workers affects U.S. farm workers' wages, working conditions, and job opportunities, assessing factors like wage rates, regional impacts, and compensation practices, while also recommending future wage protections.
206. Portable H–2A visa pilot program Read Opens in new tab
Summary AI
The Portable H–2A visa pilot program aims to allow certain temporary agricultural workers in the U.S. to move freely between registered agricultural employers. It sets out rules for establishing this program, such as creating an online job platform and requiring compliance checks to ensure fair practices, with a cap on the number of participants and an emphasis on maintaining workers' rights.
207. Improving access to permanent residence Read Opens in new tab
Summary AI
The section amends the Immigration and Nationality Act to increase the worldwide cap for permanent residency visas, specifically allocating more visas for farm workers and other unskilled laborers, with a preference for agricultural workers. It also introduces measures to connect potential workers from certain countries directly with U.S. employers and allows certain workers to apply with 'dual intent,' meaning they can seek temporary work while also seeking permanent residency.
220. Short title Read Opens in new tab
Summary AI
This section establishes that the subtitle can be referred to as the "Strategy and Investment in Rural Housing Preservation Act of 2024".
221. New farm worker housing Read Opens in new tab
Summary AI
The section amends the Housing Act of 1949 to provide funding for farm worker housing from 2024 to 2033, allowing up to $20 million in loans and $75 million for loan costs each year. It also authorizes $30 million annually for grants and $26.8 million for rental assistance, with 5% of the funds set aside for administrative expenses.
Money References
- — “(A) INSURANCE AUTHORITY.—The Secretary of Agriculture, to the extent approved in appropriation Acts, may insure loans under section 514 totaling not more than $20,000,000 during each of the fiscal years 2024 through 2033.
- “(B) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $75,000,000 for each of the fiscal years 2024 through 2033 for the cost (as such term is defined in section 502(5) of the Congressional Budget Act of 1974 (2 U.S.C. 661a(5))) of loans insured pursuant to subparagraph (A). “(2) SECTION 516 GRANTS FOR FARMWORKER HOUSING.—There is authorized to be appropriated $30,000,000 for each of the fiscal years 2024 through 2033 for financial assistance authorized under section 516.
- “(3) SECTION 521 HOUSING ASSISTANCE.—There is authorized to be appropriated $26,800,000 for each of the fiscal years 2024 through 2033 for— “(A) rental assistance agreements entered into or renewed pursuant to section 521(a)(2); or “(B) agreements entered into in lieu of debt forgiveness or payments for eligible households authorized under section 502(c)(5)(D). “(4) ADMINISTRATIVE EXPENSES.—There is authorized to be appropriated 5 percent of any amounts made available for the housing assistance program under this section for any fiscal year, which shall be used for administrative expenses for such program.”.
222. Loan and grant limitations Read Opens in new tab
Summary AI
The amendment to the Housing Act of 1949 specifies that if the Secretary sets a limit on financial assistance for any project under certain sections, this limit cannot be lower than $5,000,000 per project.
Money References
- Section 514 of the Housing Act of 1949 (42 U.S.C. 1484) is amended by inserting after subsection (c) the following: “(d) Per project limitations on assistance.—If the Secretary, in making available assistance in any area under this section or section 516, establishes a limitation on the amount of assistance available per project, the limitation on a grant or loan award per project shall not be less than $5,000,000.”.
223. Operating assistance subsidies Read Opens in new tab
Summary AI
The amendment to Section 521(a)(5) of the Housing Act of 1949 broadens qualifications for operating assistance subsidies to include housing for domestic farm labor, in addition to migrant farm workers. It stipulates that subsidies may cover up to 50% of operating costs for housing for domestic farm workers who are legally admitted and authorized to work in the U.S., provided certain conditions are met, such as ensuring the housing was previously underutilized and no U.S. farm workers are displaced.
224. Rental assistance contract authority Read Opens in new tab
Summary AI
The amendment to the Housing Act of 1949 allows the Secretary to renew rental assistance agreements for up to 20 years for projects funded under specific sections, depending on available funding. If a rental assistance contract ends for a family, the project owner has six months to redirect that assistance to another eligible family in the same project before the remaining authority can be used for families in other qualifying projects.
225. Eligibility for rural housing vouchers Read Opens in new tab
Summary AI
The amendment to Section 542 of the Housing Act of 1949 allows the Secretary, along with the Under Secretary of Agriculture for Rural Development, to provide rural housing vouchers to low-income households living in properties funded by certain federal loans or owned by nonprofit organizations. This includes households in properties with prepaid loans, those that have been foreclosed, matured after September 30, 2005, or are assisted and owned by specific entities.
226. Permanent establishment of housing preservation and revitalization program Read Opens in new tab
Summary AI
The section establishes a program to preserve and revitalize multifamily rental housing projects, involving measures like loan restructuring, renewal of rental assistance contracts, and offering grants for technical assistance. It includes provisions for tenant notification, translation of notices, and a budget of $100 million annually from 2024 to 2028, capped by specific administrative expenses.
Money References
- , the Secretary may use not more than $1,000,000 for administrative expenses for carrying out such program.
- “(j) Authorization of appropriations.—There is authorized to be appropriated for the program under this section $100,000,000 for each of the fiscal years 2024 through 2028.”.
545. Housing preservation and revitalization program Read Opens in new tab
Summary AI
The U.S. Secretary of Agriculture is directed to implement a program to maintain and improve affordable rental housing initially funded by specific loan programs. The program involves notifying landlords and tenants of loan maturities, restructuring loans, renewing rental assistance contracts, and providing assistance to organizations helping with housing transfers, with a budget authorization of $100 million annually from 2024 to 2028.
Money References
- , the Secretary may use not more than $1,000,000 for administrative expenses for carrying out such program.
- (j) Authorization of appropriations.—There is authorized to be appropriated for the program under this section $100,000,000 for each of the fiscal years 2024 through 2028.
227. Amount of voucher assistance Read Opens in new tab
Summary AI
The amount of monthly assistance payment for households receiving a rural housing voucher, as per section 542 of the Housing Act of 1949, will follow the rules outlined in subsection (a) of that section, regardless of other laws.
228. Funding for multifamily technical improvements Read Opens in new tab
Summary AI
The section authorizes $50 million to be allocated to the Department of Agriculture for the fiscal year 2024 to enhance the technology used for processing and managing loans for multifamily housing. These funds are available for use over a five-year period starting from when they first become available.
Money References
- (a) Authorization of appropriations.—There is authorized to be appropriated to the Department of Agriculture $50,000,000 for fiscal year 2024, which shall be used to improve the technology of the Department of Agriculture that is used to process loans for multifamily housing and otherwise managing such housing.
229. Plan for preserving affordability of rental projects Read Opens in new tab
Summary AI
The Secretary of Agriculture is required to submit a plan to Congress within six months to keep rental housing affordable for low-income families and prevent tenant displacement. This plan will involve setting specific goals and measures, and consulting quarterly with various stakeholders, including representatives from government, developers, finance agencies, and non-profits, to help preserve affordable housing and improve relevant policies and procedures.
230. Covered housing programs Read Opens in new tab
Summary AI
The section amends the Violence Against Women Act of 1994 by adding a provision for rural development housing voucher assistance under the Housing Act of 1949 to the list of covered programs, and makes some technical adjustments to the ordering of subparagraphs.
231. Eligibility of certified workers Read Opens in new tab
Summary AI
The amendment to the Housing and Community Development Act of 1980 allows aliens with certified agricultural worker or dependent status to receive certain financial assistance under specific sections of the Housing Act of 1949.
251. Definitions Read Opens in new tab
Summary AI
This section defines key terms related to foreign labor recruitment. It explains that a "foreign labor recruiter" is someone paid to recruit workers from outside the U.S. for specific visa jobs, excluding employers recruiting for themselves. The terms "foreign labor recruiting activity," "person," and "recruitment fees" are also defined, with the latter referencing an existing regulation.
252. Registration of foreign labor recruiters Read Opens in new tab
Summary AI
The section establishes procedures for the Secretary of Labor, in collaboration with other government officials, to register foreign labor recruiters electronically, ensuring they meet certain requirements like not charging workers recruitment fees, providing truthful information, maintaining a bond, cooperating with investigations, and more. It also outlines regular updates, employer and recruiter notifications, additional responsibilities for the Secretary of State, and protections for workers against retaliation and exploitation.
253. Enforcement Read Opens in new tab
Summary AI
The section outlines the enforcement measures related to foreign labor recruiters, including denial or revocation of registration by the Secretary of Labor if they violate certain requirements. It also describes the process for filing complaints, penalties for non-compliance, the ability to take civil action, an employer's safe harbor from joint liability, and the protection of employees' rights against waivers. Additionally, it establishes the liability of foreign labor recruiters for acts done by their agents or subcontractees, and allows for parole to remain in the U.S. if necessary to pursue legal relief.
Money References
- — (A) FILING.—A complaint may be filed with the Secretary of Labor, in accordance with the procedures established under section 252(b)(4) not later than 2 years after the earlier of— (i) the date on which the last action constituting the conduct that is the subject of the complaint took place; or (ii) the date on which the aggrieved party had actual knowledge of such conduct. (B) DECISION AND PENALTIES.—If the Secretary of Labor determines, after notice and an opportunity for a hearing, that a foreign labor recruiter failed to comply with any of the requirements under this subtitle, the Secretary of Labor may— (i) levy a fine against the foreign labor recruiter in an amount not more than— (I) $10,000 per violation; and (II) $25,000 per violation, upon the third violation; (ii) order the forfeiture (or partial forfeiture) of the bond and release of as much of the bond as the Secretary determines is necessary for the worker to recover prohibited recruitment fees; (iii) refuse to issue or renew a registration, or revoke a registration; or (iv) disqualify the foreign labor recruiter from registration for a period of up to 5 years, or in the case of a subsequent finding involving willful or multiple material violations, permanently disqualify the foreign labor recruiter from registration.
- a court finds, in a civil action filed by an individual under paragraph (1), that the defendant has violated any provision of this subtitle, the court may award— (i) damages, up to and including an amount equal to the amount of actual damages, and statutory damages of up to $1,000 per plaintiff per violation, or other equitable relief, except that with respect to statutory damages— (I) multiple infractions of a single provision of this subtitle (or of a regulation under this subtitle) shall constitute only one violation for purposes of this subsection to determine the amount of statutory damages due a plaintiff; and (II) if such complaint is certified as a class action the court may award— (aa) damages up to an amount equal to the amount of actual damages; and (bb) statutory damages of not more than the lesser of up to $1,000 per class member per violation, or up to $500,000; and other equitable relief; (ii) reasonable attorneys’ fees and costs; and (iii) such other and further relief as necessary to effectuate the purposes of this subtitle. (B) CRITERIA.—In determining the amount of statutory damages to be awarded under subparagraph (A), the court may consider whether an attempt was made to resolve the issues in dispute before the resort to litigation. (C) BOND.—To satisfy the damages, fees, and costs found owing under this paragraph, the Secretary shall release as much of the bond held pursuant to section 252(c)(4) as is necessary. (3) SUMS RECOVERED IN ACTIONS BY THE SECRETARY OF LABOR.— (A) ESTABLISHMENT OF ACCOUNT.—There is established in the general fund of the Treasury a separate account, which shall be known as the “H–2A Foreign Labor Recruiter Compensation Account”.
254. Authorization of appropriations Read Opens in new tab
Summary AI
The section authorizes the allocation of necessary funds for the Secretary of Labor and the Secretary of State to implement the provisions outlined in this part of the law.
301. Electronic employment eligibility verification system Read Opens in new tab
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The section describes how the Electronic Employment Eligibility Verification System works, which aims to ensure that individuals working in the United States are authorized to do so. It outlines the responsibilities of various government departments, the verification process for employers and employees, the prevention of identity theft and fraud, safeguards for privacy, and penalties for misuse of the system.
Money References
- Such process shall— “(I) permit the individual to submit additional evidence establishing identity or employment authorization; “(II) ensure prompt resolution of an appeal, including a response to the appeal in all circumstances within 60 days; and “(III) permit the Secretary to impose a civil money penalty equal to not more than $500 on any individual who files a frivolous appeal or files an appeal for purposes of delay.
- “(2) CEASE AND DESIST ORDER WITH CIVIL MONEY PENALTIES FOR HIRING, RECRUITING, AND REFERRAL VIOLATIONS.—Notwithstanding the civil money penalties set forth in section 274A(e)(4), with respect to a violation of paragraph (1)(A) or (2) of section 274A(a) by a person or entity that is subject to the provisions under this section that has hired, recruited, or referred for a fee, an individual for employment in the United States, a cease and desist order— “(A) shall require the person or entity to pay a civil penalty in an amount, subject to subsection (d), that is equal to— “(i) not less than $2,500 and not more than $5,000 for each unauthorized alien with respect to whom a violation of either such subsection occurred; “(ii) not less than $5,000 and not more than $10,000 for each such alien in the case of a person or entity previously subject to more than 1 order under this paragraph; or “(iii) not less than $10,000 and not more than $25,000 for each such alien in the case of a person or entity previously subject to more than 1 order under this paragraph; and “(B) may require the person or entity to take other appropriate remedial action.
- “(3) ORDER FOR CIVIL MONEY PENALTY FOR VERIFICATION VIOLATIONS.—Notwithstanding paragraphs (4) and (5) of section 274A(e) and any other Federal law relating to civil monetary penalties, any person or entity that is required to comply with the provisions of this section that violates section 274A(a)(1)(B) shall be required to pay a civil penalty in an amount, subject to paragraphs (5), (6), and (7), that is equal to not less than $1,000 and not more than $25,000 for each individual with respect to whom such violation occurred.
- “(7) CRIMINAL PENALTY.—Notwithstanding section 274A(f)(1) and the provisions of any other Federal law relating to fine levels, any person or entity required to comply with the provisions under this section that engages in a pattern or practice of violations of paragraph (1) or (2) of section 274A(a)— “(A) shall be fined not more than $5,000 for each unauthorized alien with respect to whom such a violation occurs; “(B) shall imprisoned for not more than 18 months; or “(C) shall subject to the fine under subparagraph (A) and imprisonment under subparagraph (B).
- , the penalties that may be imposed by an administrative law judge with respect to a finding that a person or entity has engaged in an unfair immigration-related employment practice described in paragraph (1) are— “(A) not less than $1,000 and not more than $4,000 for each aggrieved individual; “(B) in the case of a person or entity previously subject to a single order under this paragraph, not less than $4,000 and not more than $10,000 for each aggrieved individual; and “(C) in the case of a person or entity previously subject to more than 1 order under this paragraph, not less than $6,000 and not more than $20,000 for each aggrieved individual. “
274E. Requirements for the electronic verification of employment eligibility Read Opens in new tab
Summary AI
The section outlines the establishment of an electronic system for verifying the employment eligibility of individuals in the United States, describing responsibilities for various government entities, procedures for using the system, and penalties for noncompliance. It details how employers should verify a person's right to work, ensures privacy and security of personal data, and highlights penalties for misuse or unfair immigration-related employment practices.
Money References
- Such process shall— (I) permit the individual to submit additional evidence establishing identity or employment authorization; (II) ensure prompt resolution of an appeal, including a response to the appeal in all circumstances within 60 days; and (III) permit the Secretary to impose a civil money penalty equal to not more than $500 on any individual who files a frivolous appeal or files an appeal for purposes of delay.
- (2) CEASE AND DESIST ORDER WITH CIVIL MONEY PENALTIES FOR HIRING, RECRUITING, AND REFERRAL VIOLATIONS.—Notwithstanding the civil money penalties set forth in section 274A(e)(4), with respect to a violation of paragraph (1)(A) or (2) of section 274A(a) by a person or entity that is subject to the provisions under this section that has hired, recruited, or referred for a fee, an individual for employment in the United States, a cease and desist order— (A) shall require the person or entity to pay a civil penalty in an amount, subject to subsection (d), that is equal to— (i) not less than $2,500 and not more than $5,000 for each unauthorized alien with respect to whom a violation of either such subsection occurred; (ii) not less than $5,000 and not more than $10,000 for each such alien in the case of a person or entity previously subject to more than 1 order under this paragraph; or (iii) not less than $10,000 and not more than $25,000 for each such alien in the case of a person or entity previously subject to more than 1 order under this paragraph; and (B) may require the person or entity to take other appropriate remedial action.
- (3) ORDER FOR CIVIL MONEY PENALTY FOR VERIFICATION VIOLATIONS.—Notwithstanding paragraphs (4) and (5) of section 274A(e) and any other Federal law relating to civil monetary penalties, any person or entity that is required to comply with the provisions of this section that violates section 274A(a)(1)(B) shall be required to pay a civil penalty in an amount, subject to paragraphs (5), (6), and (7), that is equal to not less than $1,000 and not more than $25,000 for each individual with respect to whom such violation occurred.
- (7) CRIMINAL PENALTY.—Notwithstanding section 274A(f)(1) and the provisions of any other Federal law relating to fine levels, any person or entity required to comply with the provisions under this section that engages in a pattern or practice of violations of paragraph (1) or (2) of section 274A(a)— (A) shall be fined not more than $5,000 for each unauthorized alien with respect to whom such a violation occurs; (B) shall imprisoned for not more than 18 months; or (C) shall subject to the fine under subparagraph (A) and imprisonment under subparagraph (B). (8) ELECTRONIC VERIFICATION COMPENSATION ACCOUNT.—Civil money penalties collected pursuant to this subsection shall be deposited in the Electronic Verification Compensation Account for the purpose of compensating individuals for lost wages as a result of a final nonconfirmation issued by the System that was based on government error or omission, in accordance with subsection (b)(4)(F)(ii)(IV). (9) DEBARMENT.— (A) IN GENERAL.—If
- (3) CIVIL MONEY PENALTIES FOR UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES INVOLVING SYSTEM MISUSE.—Notwithstanding section 274B(g)(2)(B)(iv), the penalties that may be imposed by an administrative law judge with respect to a finding that a person or entity has engaged in an unfair immigration-related employment practice described in paragraph (1) are— (A) not less than $1,000 and not more than $4,000 for each aggrieved individual; (B) in the case of a person or entity previously subject to a single order under this paragraph, not less than $4,000 and not more than $10,000 for each aggrieved individual; and (C) in the case of a person or entity previously subject to more than 1 order under this paragraph, not less than $6,000 and not more than $20,000 for each aggrieved individual. (4) ELECTRONIC VERIFICATION COMPENSATION ACCOUNT.— (A) USE OF CIVIL MONETARY PENALTIES.—Civil money penalties collected under this subsection shall be deposited into the Electronic Verification Compensation Account for the purpose of compensating individuals for lost wages as a result of a final nonconfirmation issued by the System that was based on a Government error or omission described in subsection (b)(4)(F)(ii)(IV).
302. Mandatory electronic verification for the agricultural industry Read Opens in new tab
Summary AI
The section mandates that people and companies in the agricultural industry in the U.S. use electronic verification to check the identity and work authorization of workers. It outlines specific timelines based on the size of the employer and includes provisions for a process to help individuals contest mistakes in their work authorization status, with potential delays allowed if there are many pending applications.
303. Coordination with E–Verify Program Read Opens in new tab
Summary AI
The section explains that the E-Verify Program is being replaced with a new employment eligibility system, and all references to E-Verify in laws or documents should now refer to this new system. Starting 30 days after new rules are published, former mandatory users like federal contractors must use the new system, while previous voluntary users can choose to comply with it.
304. Fraud and misuse of documents Read Opens in new tab
Summary AI
The section revises existing legislation to include documents meant for proving employment authorization alongside identification documents, and updates references to specific legal sections.
305. Technical and conforming amendments Read Opens in new tab
Summary AI
Section 305 of the bill makes changes to the Immigration and Nationality Act, specifically targeting unlawful employment and unfair immigration-related employment practices. The section clarifies how the law applies to employing undocumented workers and updates rules concerning the misuse of a verification system to unfairly discriminate against workers.
306. Protection of Social Security Administration programs Read Opens in new tab
Summary AI
The section outlines a requirement for an agreement between the Social Security Administration and the Department of Homeland Security, effective from October 1, 2024, to ensure funding for employment eligibility verification responsibilities. If an agreement isn't reached by October 1 of any fiscal year, a previous agreement is temporarily used, with adjustments for inflation and changes in demand, and both agencies must inform Congress about the status of negotiations.
307. Report on the implementation of the electronic employment verification system Read Opens in new tab
Summary AI
The section requires that the Secretary of Homeland Security and the Attorney General submit an annual report to Congress about the electronic employment verification system. The report should cover topics like the accuracy of the system, challenges faced by its users, issues related to unfair employment practices, and the system's impact on the agricultural industry.
308. Modernizing and streamlining the employment eligibility verification process Read Opens in new tab
Summary AI
The Secretary of Homeland Security must work with the Social Security Commissioner to create a plan within a year to update the employment verification process. The plan should allow verification without a physical examination when necessary, simplify the process by proposing ways for employers to check identity without using Form I-9, and include any other ideas that could make the process easier without losing security.
309. Rulemaking; Paperwork Reduction Act Read Opens in new tab
Summary AI
The section outlines that the Secretary of Homeland Security must propose rules to implement the title and its amendments 270 days before a specified deadline, finalize these rules within 180 days of their proposal, and adhere to the Paperwork Reduction Act, ensuring any necessary forms are available both on paper and electronically to make them easy to complete and submit.