Congress 116 - HR 5038 - Farm Workforce Modernization Act of 2019

Sponsor

Cosponsors

Topics

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 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

Full Text

View Full Bill Text

Votes

Summary

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) on that date was inadmissible, deportable, or under a grant of deferred enforced departure or temporary protected status, 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.

Actions

Dec 12, 2019

Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Dec 11, 2019

Mr. McGovern moved to table the motion to reconsider
Dec 11, 2019

Ms. Lofgren moved to reconsider the vote.
Dec 11, 2019

Motion to reconsider laid on the table. Objection was heard.
Dec 11, 2019

On passage Passed by recorded vote: 260 - 165, 1 Present (Roll no. 674). (text: CR H10045-10066)
Dec 11, 2019

Passed/agreed to in House: On passage Passed by recorded vote: 260 - 165, 1 Present (Roll no. 674).(text: CR H10045-10066)
Dec 11, 2019

On motion to recommit with instructions Failed by recorded vote: 193 - 230 (Roll no. 673).
Dec 11, 2019

The previous question on the motion to recommit with instructions was ordered without objection.
Dec 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.
Dec 11, 2019

Mr. Biggs moved to recommit with instructions to the Committee on the Judiciary. (text: CR H10093)
Dec 11, 2019

Considered as unfinished business. (consideration: CR H10093-10096)
Dec 11, 2019

POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair postponed further proceedings on H.R. 5038.
Dec 11, 2019

The previous question was ordered pursuant to the rule.
Dec 11, 2019

DEBATE - The House proceeded with one hour of debate on H.R. 5038.
Dec 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.
Dec 11, 2019

Considered under the provisions of rule H. Res. 758. (consideration: CR H10044-10082)
Dec 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.
Dec 9, 2019

Committee on Ways and Means discharged.
Dec 9, 2019

Reported (Amended) by the Committee on Judiciary. H. Rept. 116-328, Part I.
Dec 9, 2019

Placed on the Union Calendar, Calendar No. 263.
Dec 9, 2019

Committee on Financial Services discharged.
Dec 9, 2019

Committee on Education and Labor discharged.
Nov 21, 2019

Ordered to be Reported (Amended).
Nov 21, 2019

Committee Consideration and Mark-up Session Held.
Nov 19, 2019

Subcommittee on Immigration and Citizenship Discharged.
Nov 13, 2019

Referred to the Subcommittee on Immigration and Citizenship.
Nov 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.
Nov 12, 2019

Introduced in House

Amendments

Related Bills