H.R. 5038 - Farm Workforce Modernization Act of 2019

Bill Text

    Rules Committee Print 116-42 PDF XML

    Showing the text of H.R. 5038, as ordered reported by the Committee on the Judiciary, with modifications.

    Text of H.R. 5038 PDF XML

    (as reported)

    H. Rept. 116-328 PDF

    Report from the Committee on the Judiciary to accompany H.R. 5038

    Comparative Print PDF

    Comparing the base document H.R. 5038, as ordered reported by the Committee on the Judiciary, with the Rules Committee Print 116-42.

Rule Information

COMMITTEE ACTION:
REPORTED BY A RECORD VOTE OF 8-3 on Tuesday, December 10, 2019.

FLOOR ACTION ON H. RES. 758: 
Agreed to by record vote of 222-190, after agreeing to the previous question by record vote of 227-189, on Wednesday, December 11, 2019.

MANAGERS: Shalala/Burgess

1. Structured rule for H.R. 3.
2. Provides four hours of general debate, with three hours equally divided among and controlled by the respective chairs and ranking minority members of the Committees on Education and Labor, Energy and Commerce, and Ways and Means, and one hour equally divided and controlled by the Majority Leader and the Minority Leader or their respective designees.
3. Waives all points of order against consideration of the bill.
4. Provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 116-41, modified by the amendment printed in Part A of the Rules Committee report, shall be considered as adopted and the bill, as amended, shall be considered as read.
5. Waives all points of order against provisions in the bill, as amended.
6. Makes in order only those further amendments printed in Part B of the Rules Committee report. Each such further amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
7. Waives all points of order against the amendments printed in Part B of the report.
8. Provides one motion to recommit with or without instructions.
9. Closed rule for H.R. 5038.
10. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary.
11. Waives all points of order against consideration of the bill.
12. Provides that 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 the Rules Committee report, shall be considered as adopted and the bill, as amended, shall be considered as read.
13. Waives all points of order against provisions in the bill, as amended.
14. Provides one motion to recommit with or without instructions.

15. Provides for consideration of the Conference Report to accompany S. 1790.
16. Waives all points of order against the conference report and against its consideration.
17. Provides that the conference report shall be considered as read.
18. Provides one hour of debate on the conference report, divided pursuant to clause 8(d) of rule XXII.
19. Provides one motion to recommit if applicable.
20. Provides that the chair of the Permanent Select Committee on Intelligence may insert in the Congressional Record not later than December 13, 2019, such material as he may deem explanatory of intelligence authorization measures for the fiscal years 2018, 2019, and 2020.
21. Provides that it shall be in order at any time through the legislative day of December 20, 2019, for the Speaker to entertain motions that the House suspend the rules and that the Speaker or her designee shall consult with the Minority Leader or his designee on the designation of any matter for consideration pursuant to this section.
22. Waives clause 6(a) of rule XIII (requiring a two-thirds vote to consider a rule on the same day it is reported from the Rules Committee) against any resolution reported through the legislative day of December 20, 2019.
23. Section 7 provides that on any legislative day of the first session of the 116th Congress after December 12, 2019: the Journal of the proceedings of the previous day shall be considered as approved; and the Chair may at any time declare the House adjourned to meet at a date and time to be announced by the Chair in declaring the adjournment.
24. Section 8 provides that on any legislative day of the second session of the 116th Congress before January 7, 2020: the Speaker may dispense with organizational and legislative business; the Journal of the proceedings of the previous day shall be considered as approved if applicable; and the Chair may at any time declare the House adjourned to meet at a date and time to be announced by the Chair in declaring the adjournment.
25. Provides that the Speaker may appoint Members to perform the duties of the Chair for the duration of the periods addressed by sections 7 and 8.
26. Provides that each day during the periods addressed by sections 7 and 8
shall not constitute calendar days for the purposes of section 7 of the War Powers Resolution (50 U.S.C. 1546).
27. Provides that each day during the periods addressed by sections 7 and 8 shall not constitute a legislative day for purposes of clause 7 of rule XIII (resolutions of inquiry).
28. Provides that each day during the periods addressed by sections 7 and 8 shall not constitute a legislative day for purposes of clause 7 of rule XV (Consensus Calendar).

Amendments (click headers to sort)

#Version #Sponsor(s)PartySummaryStatus
1Version 1Curtis (UT), Amodei (NV)RepublicanAdds a Right to Cure provision for civil lawsuits filed under the Migrant and Seasonal Agricultural Worker Protection Act.Submitted
2Version 1Golden (ME)DemocratExcludes any labor or services pertaining to logging under the definition of "agricultural labor or services" in the bill.Submitted
3Version 1Golden (ME)DemocratAdds a rule of construction ensuring that the term "agricultural labor or services" does not include labor services pertaining to logging, including cabotage.Submitted
4Version 1Joyce, John (PA), Scott, David (GA)Bi-PartisanEnsures that the electronic employment eligibility verification system established under the bill is fully functional on common mobile devices.Submitted
5Version 1Comer (KY), Amodei (NV)RepublicanReplaces the survey and occupation-based wage methodology for H-2A workers with a required wage that is the higher of state or federal minimum wage, or federal minimum wage + 15 percent.Submitted
6Version 1Spanberger (VA)DemocratRequires that the H2-A online platform and the internet job board are constructed to maximize ease of use and accessibility for users on a variety of electronic devices and screen sizes, and in remote locations with limited internet speed and bandwidth.Submitted
7Version 1King, Steve (IA)RepublicanStrikes Title I, Subtitle A of the bill.Submitted
8Version 1King, Steve (IA)RepublicanStrikes Title I, Subtitle B of the bill.Submitted
9Version 1King, Steve (IA)RepublicanStrikes Title I, Subtitle C of the bill.Submitted
10Version 1King, Steve (IA)RepublicanStrikes Sec. 206 to eliminate the bill’s portable H-2A visa pilot program.Submitted
11Version 1Gallagher (WI)RepublicanStrike all of subtitle B from the bill.Submitted
12Version 1Soto (FL)DemocratExtends the timeline for mandatory compliance with electronic verification by three months for a person or entity recruiting or referring for a fee.Submitted
13Version 1Soto (FL)DemocratExtends the timeline for mandatory compliance with electronic verification by three months for each employer category.Submitted
14Version 1Nadler (NY)DemocratMANAGER’S AMENDMENT Sets the year-round visas for sheep and goat herding to 500.Considered as Adopted