HR-5038 : Still Just a Bill

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.

Action Timeline

Action DateTypeTextSource
2019-12-12IntroReferralReceived in the Senate and Read twice and referred to the Committee on the Judiciary.Senate
2019-12-11ResolvingDifferencesMr. McGovern moved to table the motion to reconsiderHouse floor actions
2019-12-11FloorMs. Lofgren moved to reconsider the vote.House floor actions
2019-12-11FloorMotion to reconsider laid on the table. Objection was heard.House floor actions
2019-12-11VoteOn passage Passed by recorded vote: 260 - 165, 1 Present (Roll no. 674). (text: CR H10045-10066)House floor actions
2019-12-11VoteOn motion to recommit with instructions Failed by recorded vote: 193 - 230 (Roll no. 673).House floor actions
2019-12-11FloorThe previous question on the motion to recommit with instructions was ordered without objection.House floor actions
2019-12-11FloorDEBATE - 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.House floor actions
2019-12-11FloorMr. Biggs moved to recommit with instructions to the Committee on the Judiciary. (text: CR H10093)House floor actions
2019-12-11FloorConsidered as unfinished business. (consideration: CR H10093-10096)House floor actions
2019-12-11FloorPOSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair postponed further proceedings on H.R. 5038.House floor actions
2019-12-11FloorThe previous question was ordered pursuant to the rule.House floor actions
2019-12-11FloorDEBATE - The House proceeded with one hour of debate on H.R. 5038.House floor actions
2019-12-11FloorThe 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.House floor actions
2019-12-11FloorConsidered under the provisions of rule H. Res. 758. (consideration: CR H10044-10082)House floor actions
2019-12-10FloorRules 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.House floor actions
2019-12-09CalendarsPlaced on the Union Calendar, Calendar No. 263.House floor actions
2019-12-09DischargeCommittee on Financial Services discharged.House floor actions
2019-12-09DischargeCommittee on Education and Labor discharged.House floor actions
2019-12-09DischargeCommittee on Ways and Means discharged.House floor actions
2019-12-09CommitteeReported (Amended) by the Committee on Judiciary. H. Rept. 116-328, Part I.House floor actions
2019-11-21CommitteeOrdered to be Reported (Amended).House committee actions
2019-11-21CommitteeCommittee Consideration and Mark-up Session Held.House committee actions
2019-11-19CommitteeSubcommittee on Immigration and Citizenship Discharged.House committee actions
2019-11-13CommitteeReferred to the Subcommittee on Immigration and Citizenship.House committee actions
2019-11-12IntroReferralReferred 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.House floor actions
2019-11-12IntroReferralReferred 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.House floor actions
2019-11-12IntroReferralReferred 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.House floor actions
2019-11-12IntroReferralReferred 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.House floor actions
2019-11-12IntroReferralIntroduced in HouseLibrary of Congress

Sponsor :

Rep. Lofgren, Zoe [D-CA-19]
See Cosponsors

Policy Area :

Immigration
See Subjects
  • Administrative law and regulatory procedures
  • Administrative remedies
  • Advisory bodies
  • Alternative dispute resolution, mediation, arbitration
  • Border security and unlawful immigration
  • Civil actions and liability
  • Commuting
  • Congressional oversight
  • Contracts and agency
  • Criminal justice information and records
  • Department of Homeland Security
  • Detention of persons
  • Diplomacy, foreign officials, Americans abroad
  • Employee hiring
  • Employment discrimination and employee rights
  • Foreign labor
  • Fraud offenses and financial crimes
  • Government information and archives
  • Government lending and loan guarantees
  • Health promotion and preventive care
  • Housing and community development funding
  • Housing industry and standards
  • Housing supply and affordability
  • Immigration status and procedures
  • Judicial review and appeals
  • Labor market
  • Labor standards
  • Labor-management relations
  • Licensing and registrations
  • Low- and moderate-income housing
  • Migrant, seasonal, agricultural labor
  • Personnel records
  • Right of privacy
  • Rural conditions and development
  • Social work, volunteer service, charitable organizations
  • Temporary and part-time employment
  • Transportation costs
  • User charges and fees
  • Visas and passports
  • Wages and earnings
  • Worker safety and health
  • Youth employment and child labor

Related Bills

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