US Congress House Bill 5038 (Prior Session Legislation)

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Spectrum: Slight Partisan Bill (Democrat 38-25)
Status: Engrossed on December 12 2019 - 50% progression, died in committee
Action: 2019-12-12 - Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Pending: Senate Judiciary Committee
Text: Latest bill text (Engrossed) [PDF]

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. 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

Rep. Zoe Lofgren [D-CA]	Rep. Dan Newhouse [R-WA]	Rep. Collin Peterson [D-MN]	Rep. Michael Simpson [R-ID]
Rep. Jerrold Nadler [D-NY]	Rep. Mario Diaz-Balart [R-FL]	Rep. Linda Sanchez [D-CA]	Rep. Doug LaMalfa [R-CA]
Rep. Jimmy Panetta [D-CA]	Rep. Mark Amodei [R-NV]	Rep. TJ Cox [D-CA]	Rep. James Baird [R-IN]
Rep. Jim Costa [D-CA]	Rep. Susan Brooks [R-IN]	Rep. Josh Harder [D-CA]	Rep. Tom Cole [R-OK]
Rep. Anthony Brindisi [D-NY]	Rep. John Curtis [R-UT]	Rep. Judy Chu [D-CA]	Rep. Rodney Davis [R-IL]
Rep. Marcia Fudge [D-OH]	Rep. Bob Gibbs [R-OH]	Rep. Al Lawson [D-FL]	Rep. Cathy McMorris Rodgers [R-WA]
Rep. Elissa Slotkin [D-MI]	Rep. Paul Mitchell [R-MI]	Rep. Luis Correa [D-CA]	Rep. Devin Nunes [R-CA]
Rep. Xochitl Torres Small [D-NM]	Rep. Tom Reed [R-NY]	Rep. Sylvia Garcia [D-TX]	Rep. Elise Stefanik [R-NY]
Rep. David Scott [D-GA]	Rep. Steve Stivers [R-OH]	Rep. Salud Carbajal [D-CA]	Rep. Fred Upton [R-MI]
Rep. Kurt Schrader [D-OR]	Rep. Don Young [R-AK]	Rep. Angela Craig [D-MN]	Rep. Greg Walden [R-OR]
Rep. Tony Cardenas [D-CA]	Rep. Brian Fitzpatrick [R-PA]	Rep. Abigail Spanberger [D-VA]	Rep. Filemon Vela [D-TX]
Rep. Norma Torres [D-CA]	Rep. Kim Schrier [D-WA]	Rep. Lloyd Smucker [R-PA]	Rep. Scott Peters [D-CA]
Rep. Scott Tipton [R-CO]	Rep. Jason Crow [D-CO]	Rep. Chris Stewart [R-UT]	Rep. John Garamendi [D-CA]
Rep. Peter King [R-NY]	Rep. Thomas Suozzi [D-NY]	Rep. Henry Cuellar [D-TX]	Rep. Antonio Delgado [D-NY]
Rep. Ron Kind [D-WI]	Rep. Chellie Pingree [D-ME]	Rep. Mike Thompson [D-CA]	Rep. Raul Ruiz [D-CA]
Rep. Veronica Escobar [D-TX]	Rep. Karen Bass [D-CA]	Rep. Tom O'Halleran [D-AZ]

2019-12-11 - House - On passage RC# 674 (Y: 260 N: 165 NV: 6 Abs: 0) [PASS]
2019-12-11 - House - On motion to recommit with instructions RC# 673 (Y: 193 N: 230 NV: 7 Abs: 0) [FAIL]

Date	Chamber	Action
2019-12-12	Senate	Received in the Senate and Read twice and referred to the Committee on the Judiciary.
2019-12-11	House	Mr. McGovern moved to table the motion to reconsider
2019-12-11	House	Ms. Lofgren moved to reconsider the vote.
2019-12-11	House	Motion to reconsider laid on the table. Objection was heard.
2019-12-11	House	On passage Passed by recorded vote: 260 - 165, 1 Present (Roll no. 674). (text: CR H10045-10066)
2019-12-11	House	On motion to recommit with instructions Failed by recorded vote: 193 - 230 (Roll no. 673).
2019-12-11	House	The previous question on the motion to recommit with instructions was ordered without objection.
2019-12-11	House	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.
2019-12-11	House	Mr. Biggs moved to recommit with instructions to the Committee on the Judiciary. (text: CR H10093)
2019-12-11	House	Considered as unfinished business. (consideration: CR H10093-10096)
2019-12-11	House	POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair postponed further proceedings on H.R. 5038.
2019-12-11	House	The previous question was ordered pursuant to the rule.
2019-12-11	House	DEBATE - The House proceeded with one hour of debate on H.R. 5038.
2019-12-11	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.
2019-12-11	House	Considered under the provisions of rule H. Res. 758. (consideration: CR H10044-10082)
2019-12-10	House	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.
2019-12-09	House	Placed on the Union Calendar, Calendar No. 263.
2019-12-09	House	Committee on Financial Services discharged.
2019-12-09	House	Committee on Education and Labor discharged.
2019-12-09	House	Committee on Ways and Means discharged.
2019-12-09	House	Reported (Amended) by the Committee on Judiciary. H. Rept. 116-328, Part I.
2019-11-21	House	Ordered to be Reported (Amended).
2019-11-21	House	Committee Consideration and Mark-up Session Held.
2019-11-19	House	Subcommittee on Immigration and Citizenship Discharged.
2019-11-13	House	Referred to the Subcommittee on Immigration and Citizenship.
2019-11-12	House	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.
2019-11-12	House	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.
2019-11-12	House	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.
2019-11-12	House	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.
2019-11-12	House	Introduced in House

HB3620 (Related) 2019-09-11 - Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
HB4916 (Related) 2019-11-15 - Referred to the Subcommittee on Immigration and Citizenship.
HB1310 (Related) 2019-02-19 - Referred to the House Committee on Financial Services.
HR758 (Related) 2019-12-11 - Mr. Nadler moved to table the motion to reconsider

Type	Source
Summary	https://www.congress.gov/bill/116th-congress/house-bill/5038/all-info
Text	https://www.congress.gov/116/bills/hr5038/BILLS-116hr5038ih.pdf
Text	https://www.congress.gov/116/bills/hr5038/BILLS-116hr5038rh.pdf
Text	https://www.congress.gov/116/bills/hr5038/BILLS-116hr5038eh.pdf
Roll Call	https://clerk.house.gov/Votes/2019673
Roll Call	https://clerk.house.gov/Votes/2019674