FARMS Act

Bill Number

H.R. 5596

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Labor and Employment

Status

Introduced

Latest Action

2025-09-26: Referred to the House Committee on the Judiciary.

Last Updated

2025-12-15T20:06:44Z

AI-Generated Summary

Purpose of the Legislation

The "Freeze AEWR and Restore Monetary Sense Act" (FARMS Act), H.R. 5596, aims to provide temporary stability in wage requirements for certain temporary foreign agricultural workers by allowing the U.S. Department of Labor (DOL) to maintain an existing wage rate without updates, if current calculation methods are deemed invalid. This addresses potential disruptions in determining fair wages that protect U.S. workers from negative impacts.

Key Provisions

• Short Title: The bill is titled the "Freeze AEWR and Restore Monetary Sense Act" or "FARMS Act."
• Temporary Wage Rate Pause: For a 2-year period starting from the date of enactment, the Secretary of Labor may keep the current "adverse effect wage rate" (AEWR)—a minimum wage standard—in place for nonimmigrant workers admitted under the H-2A visa program (temporary agricultural workers). This applies only if the Secretary determines there is no valid method to calculate a new AEWR, as referenced in federal regulations (20 CFR 655.1308).
• The provision targets wages for H-2A workers under the Immigration and Nationality Act.

Significant Changes to Existing Law

• Under current law, the DOL must regularly calculate and update the AEWR based on prevailing agricultural wages to ensure hiring temporary foreign workers does not harm U.S. workers' wages or job opportunities.
• This bill introduces a flexibility clause, allowing the Secretary to suspend new calculations and retain the pre-enactment AEWR for up to 2 years if methodologies are unreliable, preventing automatic increases or changes that could strain agricultural employers.

Potential Impacts

• On Government Agencies: The DOL gains discretion to pause AEWR updates, potentially reducing administrative burdens in data collection and calculation during periods of methodological uncertainty, but it may require the agency to justify decisions through determinations.
• On Citizens: U.S. agricultural workers could see stabilized competition from foreign labor, though prolonged wage freezes might indirectly affect local wage pressures if foreign worker costs remain low. Farmers (employers) benefit from predictable labor costs, aiding planning and reducing financial volatility in the agricultural sector.
• On International Relations: Minimal direct impact, but it could influence U.S. commitments under international labor agreements by maintaining H-2A program integrity, potentially affecting recruitment from countries like Mexico that supply many H-2A workers.

Main Stakeholders Affected

• Agricultural Employers: Farmers and growers relying on H-2A visas for seasonal labor, who gain cost predictability.
• H-2A Workers: Temporary foreign agricultural workers, whose wages are directly tied to the AEWR, potentially facing no increases during the freeze.
• U.S. Workers: Domestic farm laborers protected by the AEWR, who may experience varying levels of wage safeguarding.
• Department of Labor: The agency responsible for oversight, determinations, and enforcement.

Notable Legal, Constitutional, or Political Implications

• Legal: The bill modifies regulatory implementation under the Immigration and Nationality Act without altering the underlying statute, emphasizing administrative discretion. It could face challenges if seen as weakening worker protections, but it aligns with congressional authority over immigration and labor policy.
• Constitutional: No direct conflicts; it respects executive branch roles in wage regulation while providing legislative guardrails.
• Political: Introduced by a bipartisan group of House members focused on agriculture, it reflects concerns over rising labor costs in farming amid inflation and supply chain issues. It may spark debate on balancing employer needs with labor rights, potentially influencing future immigration reform discussions.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Moolenaar, John R. [R-MI-2]

Cosponsors (12)

Rep. Tenney, Claudia [R-NY-24], Rep. Thompson, Glenn [R-PA-15], Rep. Stefanik, Elise M. [R-NY-21], Rep. Fulcher, Russ [R-ID-1], Rep. Gonzales, Tony [R-TX-23], Rep. Guest, Michael [R-MS-3], Rep. Norman, Ralph [R-SC-5], Rep. Aderholt, Robert B. [R-AL-4], Rep. Huizenga, Bill [R-MI-4], Rep. Baird, James R. [R-IN-4], Rep. Bergman, Jack [R-MI-1], Rep. Nunn, Zachary [R-IA-3]

Recent Actions

• 2025-09-26: Referred to the House Committee on the Judiciary.
• 2025-09-26: Introduced in House
• 2025-09-26: Introduced in House

Bill Versions

• Freeze AEWR and Restore Monetary Sense Act — issued 2025-09-26 — PDF (2 pages)