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Bill116th CongressFiled Nov 12, 2019Immigration
H.R. 5038

Farm Workforce Modernization Act of 2019

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What it doesSummary passed house (Dec 11, 2019)

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.

What just happenedDec 12, 2019

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

Who’s behind it

Rep. Lofgren, Zoe [D-CA-19](D-CA)Sponsor
62 cosponsors37 D25 R
Read on Congress.gov
62cosponsors5committees36actions1amendments4related bills42subjects
  1. Dec 12, 2019IntroReferral

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

    Judiciary Committee
  2. Dec 11, 2019ResolvingDifferencesH82000

    Mr. McGovern moved to table the motion to reconsider

  3. Dec 11, 2019FloorH38300

    Ms. Lofgren moved to reconsider the vote.

  4. Dec 11, 2019FloorH8D000

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

  5. Dec 11, 2019FloorH37100

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

  6. Dec 11, 2019Floor8000

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

  7. Dec 11, 2019FloorH36110

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

    Judiciary Committee
  8. Dec 11, 2019FloorH8A000

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

  9. Dec 11, 2019FloorH8D000

    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.

  10. Dec 11, 2019FloorH36100

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

    Judiciary Committee
  11. Dec 11, 2019FloorH30000

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

  12. Dec 11, 2019FloorH8D000

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

  13. Dec 11, 2019FloorH35000

    The previous question was ordered pursuant to the rule.

  14. Dec 11, 2019FloorH8D000

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

  15. Dec 11, 2019FloorH8D000

    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.

  16. Dec 11, 2019FloorH30000

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

  17. Dec 10, 2019FloorH1L210

    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.

  18. Dec 9, 2019CalendarsH12410

    Placed on the Union Calendar, Calendar No. 263.

  19. Dec 9, 2019DischargeH12300

    Committee on Financial Services discharged.

    Financial Services Committee
  20. Dec 9, 2019Committee5500

    Committee on Financial Services discharged.

    Financial Services Committee
  21. Dec 9, 2019DischargeH12300

    Committee on Education and Labor discharged.

    Education and the Workforce Committee
  22. Dec 9, 2019Committee5500

    Committee on Education and Labor discharged.

    Education and the Workforce Committee
  23. Dec 9, 2019DischargeH12300

    Committee on Ways and Means discharged.

    Ways and Means Committee
  24. Dec 9, 2019Committee5500

    Committee on Ways and Means discharged.

    Ways and Means Committee
  25. Dec 9, 2019CommitteeH12200

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

    Judiciary Committee
  26. Dec 9, 2019Committee5000

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

    Judiciary Committee
  27. Nov 21, 2019Committee

    Ordered to be Reported (Amended).

    Judiciary Committee
  28. Nov 21, 2019Committee

    Committee Consideration and Mark-up Session Held.

    Judiciary Committee
  29. Nov 19, 2019Committee

    Subcommittee on Immigration and Citizenship Discharged.

    Judiciary Committee
  30. Nov 13, 2019Committee

    Referred to the Subcommittee on Immigration and Citizenship.

    Immigration Integrity, Security, and Enforcement Subcommittee
  31. Nov 12, 2019IntroReferralH11100

    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.

    Financial Services Committee
  32. Nov 12, 2019IntroReferralH11100

    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.

    Education and the Workforce Committee
  33. Nov 12, 2019IntroReferralH11100

    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.

    Ways and Means Committee
  34. Nov 12, 2019IntroReferralH11100

    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.

    Judiciary Committee
  35. Nov 12, 2019IntroReferralIntro-H

    Introduced in House

  36. Nov 12, 2019IntroReferral1000

    Introduced in House

Passed HouseDec 11, 201953

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.

Reported to House, Part IDec 9, 20198

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.

Introduced in HouseNov 12, 2019

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.

Farm Workforce Modernization Act of 2019 — Informed