H.R. 5038 - 116th Congress (2019-2020) - Farm Workforce Modernization Act of 2019

This bill contains provisions related to alien farmworkers, including provisions establishing a certified agricultural worker (CAW) status and changing the H-2A temporary worker program.

The Department of Homeland Security (DHS) may grant CAW status to an applying alien who (1) performed at least 1,035 hours of agricultural labor during the two-year period prior to November 12, 2019, (2) was inadmissible or deportable on that date, and (3) has been continuously present in the United States from that date until receiving CAW status. The bill imposes additional crime-related inadmissibility grounds on CAW applicants and makes some other grounds inapplicable.

CAW status shall be valid for 5.5 years and may be extended. DHS may grant dependent status to the spouse or children of a principal alien.

An alien with a pending application may not be detained or removed by DHS and shall be authorized for employment until DHS makes a final decision on the application.

A CAW alien (and dependents) may apply for lawful permanent resident status after meeting various requirements, including performing a certain amount of agricultural labor for a number of years.

DHS shall create an electronic platform for (1) filing H-2A petitions, (2) facilitating the processing of H-2A cases, and (3) providing agencies a single tool for obtaining H-2A-related case information.

The bill makes various changes to the H-2A program, such as (1) modifying the method for calculating and making adjustments to the H-2A worker minimum wage, (2) specifying how an employer may satisfy requirements that it attempted to recruit U.S. workers, (3) requiring H-2A employers to guarantee certain minimum work hours, and (4) making the program available for year-round agricultural work and reserving a visa allocation for the dairy industry.

DHS shall establish a pilot program allowing certain H-2A workers to apply for portable status, which gives the worker 60 days after leaving a position to secure new employment with a registered H-2A employer.

DHS shall establish an electronic system patterned on the E-Verify Program for employers to verify an individual's identity and employment authorization. Employers hiring individuals for agricultural employment must use the system.

This bill permanently establishes the Housing Preservation and Revitalization Program, which provides financing assistance for rural rental housing and off-farm labor housing and rental assistance for qualified tenants of such housing. It also authorizes the Department of Agriculture to provide various assistance, including funding for insuring loans and grants for new farmworker housing.

Text (4)

December 12, 2019

December 11, 2019

December 9, 2019

November 12, 2019

Amendments (1)

Dec 11, 2019

Agreed to in House

Sponsorship

House Amendment 710

Pursuant to the provisions of H.Res. 758, in lieu of the amendment in the nature of a substitute recommended by the Committee on the Judiciary, an amendment in the nature of a substitute consisting of the text of Rules Committee Print 116-42, modified by the amendment printed in Part C of House Report 116-334 is adopted.

Agreed To

Actions (28)

Show Only Major Actions

12/12/2019

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

12/11/2019

Mr. McGovern moved to table the motion to reconsider

12/11/2019

Ms. Lofgren moved to reconsider the vote.

12/11/2019

Motion to reconsider laid on the table. Objection was heard.

12/11/2019

On passage Passed by recorded vote: 260 - 165, 1 Present (Roll no. 674). (text: CR H10045-10066)

12/11/2019

Passed/agreed to in House: On passage Passed by recorded vote: 260 - 165, 1 Present (Roll no. 674).(text: CR H10045-10066)

12/11/2019

On motion to recommit with instructions Failed by recorded vote: 193 - 230 (Roll no. 673).

12/11/2019

The previous question on the motion to recommit with instructions was ordered without objection.

12/11/2019

DEBATE - The House proceeded with 10 minutes of debate on the Biggs motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to strike sections 204(a) and (b) from the bill.

12/11/2019

Mr. Biggs moved to recommit with instructions to the Committee on the Judiciary. (text: CR H10093)

12/11/2019

Considered as unfinished business. (consideration: CR H10093-10096)

12/11/2019

POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair postponed further proceedings on H.R. 5038.

12/11/2019

The previous question was ordered pursuant to the rule.

12/11/2019

DEBATE - The House proceeded with one hour of debate on H.R. 5038.

12/11/2019

The rule provides for consideration of H.R. 3, under a structured rule, with 4 hours of general debate. The rule provides for consideration of H.R. 5038 under a closed rule, with 1 hour of general debate. The rule provides for consideration of the conference report to accompany S. 1790 with 1 hour of debate.

12/11/2019

Considered under the provisions of rule H. Res. 758. (consideration: CR H10044-10082)

12/10/2019

Rules Committee Resolution H. Res. 758 Reported to House. The rule provides for consideration of H.R. 3, under a structured rule, with 4 hours of general debate. The rule provides for consideration of H.R. 5038 under a closed rule, with 1 hour of general debate. The rule provides for consideration of the conference report to accompany S. 1790 with 1 hour of debate.

12/09/2019

Placed on the Union Calendar, Calendar No. 263.

12/09/2019

Committee on Financial Services discharged.

12/09/2019

Committee on Education and Labor discharged.

12/09/2019

Committee on Ways and Means discharged.

12/09/2019

Reported (Amended) by the Committee on Judiciary. H. Rept. 116-328, Part I.

11/21/2019

Ordered to be Reported (Amended).

11/21/2019

Committee Consideration and Mark-up Session Held.

11/19/2019

Subcommittee on Immigration and Citizenship Discharged.

11/13/2019

Referred to the Subcommittee on Immigration and Citizenship.

11/12/2019

Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Education and Labor, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

11/12/2019

Introduced in House

Public Record

Record Updated

Nov 1, 2022 5:02:33 AM