[Congressional Record Volume 142, Number 108 (Monday, July 22, 1996)]
[Senate]
[Pages S8483-S8489]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 THE AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 1997

                                 ______
                                 

                       COCHRAN AMENDMENT NO. 4958

  Mr. COCHRAN proposed an amendment to the bill (H.R. 3603) making 
appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and related agencies programs for the fiscal year 
ending September 30, 1997, and for other purposes; as follows:

       On page 12, line 25, strike ``$46,068,000'' and insert in 
     lieu thereof ``$46,018,000''.
       On page 14, line 10, strike $418,358,000'' and insert in 
     lieu thereof ``$418,308,000''.

[[Page S8484]]

       On page 17, line 8, strike ``$11,331,000'' and insert in 
     lieu thereof ``$11,381,000''.
       On page 17, line 8, strike ``$431,072,000'' and insert in 
     lieu thereof ``$431,122,000''.
                                 ______
                                 

                        GREGG AMENDMENT NO. 4959

  Mr. GREGG proposed an amendment to the bill, H.R. 3603, supra; as 
follows:

       At the end of the bill, add the following:

     SEC.   . REPAYMENT OF CERTAIN SUGAR LOANS.

       None of the funds appropriated or otherwise made available 
     by this Act may be used to make a loan to a processor of 
     sugarcane or sugar beets, or both, who has an annual revenue 
     that exceeds $10 million, unless the terms of the loan 
     require the processor to repay the full amount of the loan, 
     plus interest.
                                 ______
                                 

                   SANTORUM AMENDMENTS NO. 4960-4967

  (Ordered to lie on the table.)
  Mr. SANTORUM submitted eight amendments intended to be proposed by 
him to the bill, H.R. 3603, supra; as follows:

                           Amendment No. 4960

       At the end of the bill, add the following:

     SEC.   . DENIAL OF NONRECOURSE LOANS TO CERTAIN LARGE PEANUT 
                   QUOTA HOLDERS.

       None of the funds appropriated or otherwise made available 
     by this Act may be used to make a nonrecourse loan available 
     under section 155(a) of the Agricultural Market Transition 
     Act (7 U.S.C. 7271(a)) for a marketing year to a producer 
     who--
       (1) owns or leases more than 1,000,000 pounds of quota 
     peanuts; and
       (2) refuses to accept a written offer from a handler to 
     purchase any portion of a crop of quota peanuts of the 
     producer at a price that is at least equal to the national 
     average quota loan rate for quota peanuts established under 
     section 155(a)(2) of the Act.
                                                                    ____


                           Amendment No. 4961

       At the end of the bill, add the following:

     SEC.  . LIMITATION ON AMOUNT OF NONRECOURSE LOANS FOR 
                   PEANUTS.

       None of the funds appropriated or otherwise made available 
     by this Act may be used to provide to a producer for a crop 
     of peanuts a total amount of nonrecourse loans under section 
     155 of the Agricultural Market Transition Act (7 U.S.C. 7271) 
     in excess of $40,000.
                                                                    ____


                           Amendment No. 4962

       At the end of the bill, add the following:

     SEC.  . PROHIBITION ON PURCHASE OF QUOTA PEANUTS FOR DOMESTIC 
                   FEEDING PROGRAMS.

       (a) Quota Peanuts.--None of the funds appropriated or 
     otherwise made available by this Act may be used by the 
     Secretary of Agriculture to purchase or use quota peanuts to 
     carry out a domestic feeding program.
       (b) Additional Peanuts.--In lieu of purchasing or using 
     quota peanuts to carry out a domestic feeding program, the 
     Secretary shall purchase and use additional peanuts to carry 
     out the program, and shall not consider such peanuts to be 
     peanuts for ``domestic edible use'' in the operation of the 
     peanut program.
                                                                    ____


                           Amendment No. 4963

       At the end of the bill, add the following:

     SEC.  . CONSUMER PROTECTION FOR PEANUT PRICE-FIXING PROGRAM.

       None of the funds appropriated or otherwise made available 
     by this Act may be used by the Secretary of Agriculture to 
     operate a program for quota peanuts under section 155(a) of 
     the Agricultural Market Transition Act (7 U.S.C. 7271(a)) 
     under which the national average loan rate for quota peanuts 
     is $610 per ton unless the Secretary also exercises other 
     authorities provided to the Secretary by law to ensure that 
     the market price for the peanuts is not more than $625 per 
     ton.
                                                                    ____


                           Amendment No. 4964

       At the end of the bill, add the following:

     SEC.   . NATIONAL POUNDAGE QUOTA FOR PEANUTS FOR 1997 
                   MARKETING YEAR.

       None of the funds appropriated or otherwise made available 
     by this Act may be used to administer a peanut program for 
     the 1997 marketing year under part VI of subtitle B of title 
     III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1357 
     et seq.) unless the Secretary of Agriculture establishes the 
     national poundage quota for peanuts for the 1997 marketing 
     year under section 358-1(a) of the Act (7 U.S.C. 1358-1(a)) 
     at a level that is not less than 1,215,000 tons.
                                                                    ____


                           Amendment No. 4965

       At the end of the bill, add the following:

     SEC.   . PRODUCTION AND SALE OF DOMESTIC PEANUTS.

       None of the funds appropriated or otherwise made available 
     by this Act may be used to administer a peanut program under 
     section 155 of the Agricultural Market Transition Act (7 
     U.S.C. 7271) or part VI of subtitle B of title III of the 
     Agricultural Adjustment Act of 1938 (7 U.S.C. 1357 et seq.) 
     that denies the right of a citizen of the United States to 
     produce and sell peanuts for domestic edible use in the 
     United States.
                                                                    ____


                           Amendment No. 4966

       At the end of the bill, add the following:

     SEC.   . PRODUCTION OF ADEQUATE SUPPLY OF PEANUTS; PAYMENT OF 
                   ADMINISTRATIVE COSTS BY QUOTA GROWERS.

       None of the funds appropriated or otherwise made available 
     by this Act may be used to administer a peanut program under 
     section 155 of the Agricultural Market Transition Act (7 
     U.S.C. 7271) or part VI of subtitle B of title III of the 
     Agricultural Adjustment Act of 1938 (7 U.S.C. 1357 et seq.) 
     under which--
       (1) the Secretary of Agriculture establishes the national 
     poundage quota for peanuts for the 1997 marketing year under 
     section 358-1(a) of the Act (7 U.S.C. 1358-1(a)) at a level 
     that is less than the estimated domestic demand for the 
     peanuts; or
       (2) consumers, rather than producers having farm poundage 
     quotas, pay the cost of carrying out the program.
                                                                    ____


                           Amendment No. 4967

       At the end of the bill, add the following:

     SEC.   . PROHIBITION ON CONFLICTS OF INTEREST IN PEANUT PRICE 
                   SUPPORT PROGRAM.

       None of the funds appropriated or otherwise made available 
     by this Act may be used to carry out a peanut program under 
     section 155 of the Agricultural Market Transition Act (7 
     U.S.C. 7271) or part VI of subtitle B of title III of the 
     Agricultural Adjustment Act of 1938 (7 U.S.C. 1357 et seq.) 
     that is operated by a marketing association if the Secretary 
     of Agriculture determines, using standards established to 
     carry out title II of the Ethics in Government Act of 1978 (5 
     U.S.C. App.), that a member of the Board of Directors of the 
     association has a conflict of interest with respect to the 
     program.
                                 ______
                                 

                       McCAIN AMENDMENT NO. 4968

  Mr. McCAIN proposed an amendment to the bill, H.R. 3603, supra; as 
follows:

       On page 10, line 18, strike ``$721,758,000'' and insert in 
     lieu thereof ``$702,831,000''.
                                 ______
                                 

                        GREGG AMENDMENT NO. 4969

  Mr. GREGG proposed an amendment to amendment No. 4959 proposed by him 
to the bill, H.R. 3603, supra; as follows:

       Strike all after the word ``SEC'' and insert the following:

     REPAYMENT OF CERTAIN SUGAR LOANS.

       None of the funds appropriated or otherwise made available 
     by this Act may be used to make a loan to a processor of 
     sugarcane or sugar beets, or both, who has an annual revenue 
     that exceeds $15 million, unless the terms of the loan 
     require the processor to repay the full amount of the loan, 
     plus interest.
                                 ______
                                 

                        CRAIG AMENDMENT NO. 4970

  (Ordered to lie on the table.)
  Mr. CRAIG submitted an amendment intended to be proposed by him to 
the bill, H.R. 3603, supra; as follows:

       At the appropriate place in the bill insert the following:

     SEC. ____. H-2A WORKERS.

       (a) Section 218(a) (8 U.S.C. 1188(a)) is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following:
       ``(2) In considering an employer's petition for admission 
     of H-2A aliens the Attorney General shall consider the 
     certification decision of the Secretary of Labor and shall 
     consider any countervailing evidence submitted by the 
     employer with respect to the nonavailability of United States 
     workers and the employer's compliance with the requirements 
     of this section, and may consult with the Secretary of 
     Agriculture.''.
       (b) Section 218(b) (8 U.S.C. 1188(b)) is amended by 
     striking out paragraph (4) and inserting the following:
       ``(4) Determination by the secretary.--The Secretary 
     determines that the employer has not filed a job offer for 
     the position to be filled by the alien with the appropriate 
     local office of the State employment security agency having 
     jurisdiction over the area of intended employment, or with 
     the State office of such an agency if the alien will be 
     employed in an area within the jurisdiction of more than one 
     local office of such an agency, which meets the criteria of 
     paragraph (5).
       ``(5) Required terms and conditions of employment.--The 
     Secretary determines that the employer's job offer does not 
     meet one or more of the following criteria:
       ``(A) Required rate of pay.--The employer has offered to 
     pay H-2A aliens and all other workers in the occupation in 
     the area of intended employment an adverse effect wage rate 
     of not less than the median rate of pay for similarly 
     employed workers in the area of intended employment.
       ``(B) Provision of housing.--
       ``(i) In general.--The employer has offered to provide 
     housing to H-2A aliens and those workers not reasonably able 
     to return to their residence within the same day, without 
     charge to the worker. The employer may, at the employer's 
     option, provide housing meeting applicable Federal standards 
     for temporary labor camps, or provide rental or public 
     accommodation type housing which meets applicable local or 
     state standards for such housing.
       ``(ii) Housing allowance as alternative.--In lieu of 
     offering the housing required in clause (i), the employer may 
     provide a reasonable housing allowance to workers not 
     reasonably able to return to their

[[Page S8485]]

     place of residence within the same day, but only if the 
     Secretary determines that housing is reasonably available 
     within the approximate area of employment. An employer who 
     offers a housing allowance pursuant to this subparagraph 
     shall not be deemed to be a housing provider under section 
     203 of the Migrant and Seasonal Agricultural Worker 
     Protection Act (29 U.S.C. 1823) merely by virtue of providing 
     such housing allowance.
       ``(iii) Special housing standards for short duration 
     employment.-- The Secretary shall promulgate special 
     regulations permitting the provision of short-term temporary 
     housing for workers employed in occupations in which 
     employment is expected to last 40 days or less.
       ``(iv) Transitional period for provision of special housing 
     standards in other employment.--For a period of five years 
     after the date of enactment of this section, the Secretary 
     shall approve the provision of housing meeting the standards 
     described in clause (iii) in occupations expected to last 
     longer than 40 days in areas where available housing meeting 
     the criteria described in subparagraph (i) is found to be 
     insufficient.
       ``(iv) Pre-emption of state and local standards.--The 
     standards described in clauses (ii) and (iii) shall preempt 
     any State and local standards governing the provision of 
     temporary housing to agricultural workers.
       ``(C) Reimbursement of transportation costs.--The employer 
     has offered to reimburse H-2A aliens and workers recruited 
     from beyond normal commuting distance the most economical 
     common carrier transportation charge and reasonable 
     subsistence from the place from which the worker comes to 
     work for the employer, (but not more than the most economical 
     common carrier transportation charge from the worker's normal 
     place of residence) if the worker completes 50 percent of the 
     anticipated period of employment. If the worker recruited 
     from beyond normal commuting distance completes the period of 
     employment, the employer will provide or pay for the worker's 
     transportation and reasonable subsistence to the worker's 
     next place of employment, or to the worker's normal place of 
     residence, whichever is less.
       ``(D) Guarantee of employment.--The employer has offered to 
     guarantee the worker employment for at least three-fourths of 
     the workdays of the employer's actual period of employment in 
     the occupation. Workers who abandon their employment or are 
     terminated for cause shall forfeit this guarantee.
       ``(6) Preference for u.s. workers.--The employer has not 
     assured on the application that the employer will provide 
     employment to all qualified United States workers who apply 
     to the employer and assure that they will be available at the 
     time and place needed until the time the employer's foreign 
     workers depart for the employer's place of employment (but 
     not sooner than 5 days before the date workers are needed), 
     and will give preference in employment to United States 
     workers who are immediately available to fill job 
     opportunities that become available after the date work in 
     the occupation begins.''.
       (c) Section 218 (8 U.S.C. 1188) is amended by striking out 
     subsection (c) and inserting in lieu thereof the following:
       ``(c) The following rules shall apply to the issuance of 
     labor certifications by the Secretary under this section:
       ``(1) Deadline for filing applications.--The Secretary may 
     not require that the application be filed more than 40 days 
     before the first date the employer requires the labor or 
     services of the H-2A worker.
       ``(2) Notice within seven days of deficiencies.--
       ``(A) The employer shall be notified in writing within 
     seven calendar days of the date of filing, if the application 
     does not meet the criteria described in subsection (b) for 
     approval.
       ``(B) If the application does not meet such criteria, the 
     notice shall specify the specific deficiencies of the 
     application and the Secretary shall provide an opportunity 
     for the prompt resubmission of a modified application.
       ``(3) Issuance of certification.--
       ``(A) The Secretary shall provide to the employer, not 
     later than 20 days before the date such labor or services are 
     first required to be performed, the certification described 
     in subsection (a)(1)--
       ``(i) with respect to paragraph (a)(1)(A) if the employer's 
     application meets the criteria described in subsection (b), 
     or a statement of the specific reasons why such certification 
     can not be made, and
       ``(ii) with respect to subsection (a)(1)(B), to the extent 
     that the employer does not actually have, or has not been 
     provided with the names, addresses and Social Security 
     numbers of workers referred to the employer who are able, 
     willing and qualified and have indicated they will be 
     available at the time and place needed to perform such labor 
     or services on the terms and conditions of the job offer 
     approved by the Secretary. For each worker referred, the 
     Secretary shall also provide the employer with information 
     sufficient to permit the employer to contact the referred 
     worker for the purpose of reconfirming the worker's 
     availability for work at the time and place needed.
       ``(B) If, at the time the Secretary determines that the 
     employer's job offer meets the criteria described in 
     subsection (b) there are already unfilled job opportunities 
     in the occupation and area of intended employment for which 
     the employer is seeking workers, the Secretary shall provide 
     the certification at the same time the Secretary approves the 
     employer's job offer.''.
       (d) Section 218 (8 U.S.C 1188) is amended by striking out 
     section (e) and inserting in lieu thereof the following:
       ``(e) Expedited Appeals of Certain Determinations.--The 
     Secretary shall provide by regulation for an expedited 
     procedure for the review of the nonapproval of an employer's 
     job offer pursuant to subsection (c)(2) and of the denial of 
     certification in whole or in part pursuant to subsection 
     (c)(3) or, at the applicant's request, a de novo 
     administrative hearing respecting the nonapproval or 
     denial.''.
       (e) Section 218 is amended--
       (1) by redesignating subsections (f) through (i) as 
     subsections (g) through (j), respectively; and
       (2) by adding the following after subsection (e):
       ``(f) The following procedures shall apply to the 
     consideration of petitions by the Attorney General under this 
     section:
       ``(1) Expedited processing of petitions.--The Attorney 
     General shall provide an expedited procedure for the 
     adjudication of petitions filed under this section, and the 
     notification of visa-issuing consulates where aliens seeking 
     admission under this section will apply for visas and/or 
     ports of entry where aliens will seek admission under this 
     section within 15 calendar days from the date such petition 
     is filed by the employer.
       ``(2) Expedited amendments to petitions.--The Attorney 
     General shall provide an expedited procedure for the 
     amendment of petitions to increase the number of workers on 
     or after five days before the employers date of need for the 
     labor or services involved in the petition to replace 
     referred workers whose continued availability for work at the 
     time and place needed under the terms of the approved job 
     offer can not be confirmed and to replace referred workers 
     who fail to report for work on the date of need and replace 
     referred workers who abandon their employment or are 
     terminated for cause, and for which replacement workers are 
     not immediately available pursuant to subsection (b)(6).''.
       (g) Section 218(g) (8 U.S.C. 1188(g)) is amended--
       (1) by redesignating paragraph (2) as paragraph (2)(A); and
       (2) by inserting after paragraph (2)(A) the following:
       ``(B) No employer shall be subject to any liability or 
     punishment on the basis of an employment action or practice 
     by such employer that conforms with the terms and conditions 
     of a job offer approved by the Secretary pursuant to this 
     Section, unless and until the employer has been notified that 
     such certification has been amended or invalidated by a final 
     order of the Secretary or of a court of competent 
     jurisdiction.''.
       (h) Section 218(h) is amended by adding at the end thereof 
     the following:
       ``(3) No court of the United States shall have jurisdiction 
     to issue any restraining order or temporary or permanent 
     injunction preventing or delaying the issuance by the 
     Secretary of a certification pursuant to this section, or the 
     approval by the Attorney General of a petition to import an 
     alien as an H-2A worker, or the actual importation of any 
     such alien as an H-2A worker following such approval by the 
     Attorney General.'' .

  Mr. CRAIG. Mr. President, I submit an amendment regarding reforms to 
the H-2A Temporary Agricultural Workers Program.
  Let me start by publicly thanking my good friend, Al Simpson. The 
senior Senator from Wyoming has been tireless in his efforts to 
maneuver immigration legislation through the 104th Congress. While, I 
am very appreciative of his efforts in general, I want to address an 
issue that is of utmost importance to this country's farmers and 
ranchers.
  That issue is the impact of immigration reform on the supply of 
agricultural labor. There is very real concern among Idaho farmers and 
throughout the countryside that these reforms will reduce the 
availability of agricultural workers.
  Farmers need access to an adequate supply of workers and want to have 
certainty that they are hiring a legal work force. In 1995, the total 
agricultural work force was about 2.5 million people. That equates to 
6.7% of our labor force that is directly involved in production 
agriculture and food processing.
  Hired labor is one of the most important and costly inputs in 
farming. U.S. farmers spent more than $15 billion on hired labor 
expenses in 1992--one of every eight dollars of farm production 
expenses. For the labor-intensive fruit, vegetable and horticultural 
sector, labor accounts for 35 to 45 percent of production costs.
  The competitiveness of U.S. agriculture, especially the fruit, 
vegetable and horticultural specialty sectors, depends on the continued 
availability of hired labor at a reasonable cost. U.S. farmers, 
including producers of labor-intensive perishable commodities, compete 
directly with producers in other

[[Page S8486]]

countries for market share in both U.S. and foreign commodity markets.
  Wages of U.S. farmworkers will not be forced up by eliminating alien 
labor, because growers' production costs are capped by world market 
commodity prices. Instead, a reduction in the work force available to 
agriculture will force U.S. producers to reduce production to the level 
that can be sustained by a smaller work force.
  Over time, wages for these farm workers have actually risen faster 
than non-farm worker wages. Between 1986-1994, there was a 34.6-percent 
increase in average hourly earnings for farm workers, while nonfarm 
workers only saw a 27.1 percent increase.
  Even with this increase in on-farm wages, this country has 
historically been unable to provide a sufficient number of domestic 
workers to complete the difficult manual labor required in the 
production of many agricultural commodities. In Idaho, this is 
especially true for producers of fruit, sugar beets, onions and other 
specialty crops.
  The difficulty in obtaining sufficient domestic workers is primarily 
due to the fact that domestic workers prefer the security of full-time 
employment in year round positions. As a result the available domestic 
work force tends to prefer the long term positions, leaving the 
seasonal jobs unfilled. In addition, many of the seasonal agricultural 
jobs are located in areas where it is necessary for workers to migrate 
into the area and live temporarily to do the work. Experience has shown 
that foreign workers are more likely to migrate than domestic workers. 
As a result of domestic short supply, farmers and ranchers have had to 
rely upon the assistance of foreign workers.
  The only current mechanism available to admit foreign workers for 
agricultural employment is the H-2A program. The H-2A program is 
intended to serve as a safety valve for times when domestic labor is 
unavailable. Unfortunately, the H-2A program isn't working.
  Despite efforts to streamline the temporary worker program in 1986, 
it now functions so poorly that few in agriculture use it without 
risking an inadequate work force, burdensome regulations and potential 
litigation expense. In fact, usage of the program has actually 
decreased from 25,000 workers in 1986 to only 17,000 in 1995.
  Our amendment will provide some much needed reforms to the H-2A 
program. I urge my colleagues to consider the following parts of our 
amendment as a reasonable modification of the H-2A program.
  First, the amendment will reduce the advance filing deadline from 60 
to 40 days before workers are needed. In many agricultural operations, 
60 days is too far in advance to be able to predict labor needs with 
the precision required in H-2A applications. Furthermore, virtually all 
referrals of U.S. workers who actually report for work are made close 
to the date of need. The advance application period serves little 
purpose except to provide time for litigation.
  Second, in lieu of the present certification letter, the Department 
of Labor [DOL] would issue the employer a domestic recruitment report 
indicating that the employer's job offer meets the statutory criteria 
and lists the number of U.S. workers referred. The employer would then 
file a petition with INS for admission of aliens, including a copy of 
DOL's domestic recruitment report and any countervailing evidence 
concerning the adequacy of the job offer and/or the availability of 
U.S. workers. The Attorney General would make the admission decision. 
The purpose is to restore the role of the Labor Department to that of 
giving advice to the Attorney General on labor availability, and return 
decision making to the Attorney General.
  Third, the Department of Labor will be required to provide the 
employer with a domestic recruitment report not later than 20 days 
before the date of need. The report either states sufficient domestic 
workers are not available or gives the names and Social Security 
Numbers of the able, willing and qualified workers who have been 
referred to the employer. The Department of Labor now denies 
certification not only on the basis of workers actually referred to the 
employer, but also on the basis of reports or suppositions that 
unspecified numbers of workers may become available. The proposed 
change would assure that only workers actually identified as available 
would be the basis for denying foreign workers.
  Fourth, the Immigration and Naturalization Service [INS] will provide 
expedited processing of employers' petitions, and, if approved, notify 
the visa issuing consulate or port of entry within 15 calendar days. 
This will ensure timely admission decisions.
  Fifth, INS will also provide expedited procedures for amending 
petitions to increase the number of workers admitted on 5 days before 
the date of need. This is to reduce the paperwork and increase the 
timeliness of obtaining needed workers very close to or after the work 
has started.
  Sixth, DOL will continue to recruit domestic workers and make 
referrals to employers until 5 days before the date of need. This 
method is needed to allow the employer at a date certain to complete 
his hiring, and to operate without having the operation disrupted by 
having to displace existing workers with new workers.
  Seventh, our amendment will enumerate the specific obligations of 
employers in occupations in which H-2A workers are employed. The 
proposed definition would define jobs that meet the following criteria 
as not adversely affecting U.S. workers:

       1. The employer offers a competitive wage for the position.
       2. The employer will provide approved housing, or a 
     reasonable housing allowance, to workers whose permanent 
     place of residence is beyond normal commuting distance.
       3. The employer continues to provide current transportation 
     reimbursement requirements.
       4. A guarantee of employment is provided for at least 
     three-quarters of the anticipated hours of work during the 
     actual period of employment.
       5. The employer will provide workers' compensation or 
     equivalent coverage.
       6. Employer must comply with all applicable federal, state 
     and local labor laws with respect to both U.S. and alien 
     workers.

  This combination of employment requirements will eliminate the 
discretion of Department of Labor to specify terms and conditions of 
employment on a case-by-case basis. In addition, the scope for 
litigation will be reduced since employers (and the courts) would know 
with particularity the required terms and conditions of employment.
  Eighth, our amendment would provide that workers must exhaust 
administrative remedies before engaging their employers in litigation.
  Ninth, certainty would be given to employers who comply with the 
terms of an approved job order. If at a later date the Department of 
Labor requires changes, the employer would be required to comply with 
the law only prospectively. This very important provision removes the 
possibility of retroactive liability if an approved order is changed.
  Again, I urge my colleagues to support this amendment and avoid 
actions that would jeopardize the labor supply for American 
agriculture.
                                 ______
                                 

                        CRAIG AMENDMENT NO. 4971

  (Ordered to lie on the table.)
  Mr. CRAIG submitted an amendment intended to be proposed by him to 
the bill, H.R. 3603, supra; as follows:

       At the end of the matter proposed to be inserted by the 
     amendment, insert the following:

     SEC.   . REVIEW AND REPORT ON H-2A NONIMMIGRANT WORKERS 
                   PROGRAM.

       (a) Sense of the Congress.--It is the sense of the Congress 
     that the enactment of this Act may impact the future 
     availability of an adequate work force for the producers of 
     our Nation's labor intensive agricultural commodities and 
     livestock.
       (b) Review.--The Comptroller General shall review the 
     effectiveness of the H-2A nonimmigrant worker program to 
     ensure that the program provides a workable safety valve in 
     the event of future shortages of domestic workers after the 
     enactment of this Act. Among other things, the Comptroller 
     General shall review the program to determine--
       (1) that the program ensures that an adequate supply of 
     qualified United States workers is available at the time and 
     place needed for employers seeking such workers after the 
     date of enactment of this Act;
       (2) that the program ensures that there is timely approval 
     of applications for temporary foreign workers under the H-2A 
     nonimmigrant worker program in the event of shortages of 
     United States workers after the date of enactment of this 
     Act;
       (3) that the program ensures that implementation of the H-
     2A nonimmigrant worker program is not displacing United 
     States agricultural workers or diminishing the terms

[[Page S8487]]

     and conditions of employment of United States agricultural 
     workers; and
       (4) if and to what extent the H-2A nonimmigrant worker 
     program is contributing to the problem of illegal 
     immigration.
       (c) Report.--Not later than December 31, 1996, or three 
     months after the date of enactment of this Act, whichever is 
     sooner, the Comptroller General shall submit a report to 
     Congress setting forth the finding of the review conducted 
     under subsection (b).
       (d) Definitions.--As used in this section--
       (1) the term ``Comptroller General'' means the Comptroller 
     General of the United States; and
       (2) the term ``H-2A nonimmigrant worker program'' mens the 
     program for the admission of nonimmigrant aliens described in 
     section 101(a)(15)(H)(ii)(a) of the Immigration and 
     Nationality Act.

  Mr. CRAIG. Mr. President, I submit an amendment regarding temporary 
agricultural workers.
  My amendment mandates an immediate General Accounting Office [GAO] 
study on the availability of an adequate work force for our Nation's 
labor intensive farm and ranch sectors. In addition, the study will 
review the effectiveness of the existing H-2A nonimmigrant worker 
program. This report will be concluded within 3 months of the 
agricultural appropriations bill enactment.
  This same amendment was supported by a bipartisan group of 10 
Senators during the immigration reform legislation and accepted on an 
unanimous consent basis. I urge my colleagues to accept this amendment 
and avoid a potential agricultural labor shortage this fall.
                                 ______
                                 

                       COCHRAN AMENDMENT NO. 4972

  Mr. COCHRAN proposed an amendment to the bill, H.R. 3603 supra; as 
follows:

       On page 81, after line 8, add the following: ``This Act may 
     be cited as the `Agriculture, Rural Development, Food and 
     Drug Administration, and Related Agencies Appropriations Act, 
     1997'.''
                                 ______
                                 

                       STEVENS AMENDMENT NO. 4973

  Mr. COCHRAN (for Mr. Stevens) proposed an amendment to the bill, H.R. 
3603, supra; as follows:

       On page 47, line 17, before the period add the following: 
     ``: Provided further, That of the total amount appropriated, 
     not to exceed $10,000,000 shall be for water and waste 
     disposal systems pursuant to section 757 of Public Law 104-
     127''.
                                 ______
                                 

                      JEFFORDS AMENDMENT NO. 4974

  Mr. COCHRAN (for Mr. Jeffords) proposed an amendment to the bill, 
H.R. 3603, supra; as follows:

       On page 24, line 16, before the ``:'' insert the following: 
     ``: Provided further, That not to exceed $1,500,000 of this 
     appropriation shall be made available to establish a joint 
     FSIS/APHIS National Farm Animal Identification Pilot Program 
     for dairy cows''.
                                 ______
                                 

                 BUMPERS (AND KOHL) AMENDMENT NO. 4975

  Mr. BUMPERS (for himself and Mr. Kohl) proposed an amendment to the 
bill, H.R. 3603, supra; as follows:

       On page 71, strike all after line 22 through page 72, line 
     2 and insert in lieu thereof the following:
       ``Sec. 721. None of the funds appropriated or otherwise 
     made available by this Act, or made available through the 
     Commodity Credit Corporation, shall be used to enroll in 
     excess of 130,000 acres in the fiscal year 1997 wetlands 
     reserve program, as authorized by 16 U.S.C. 3837: Provided, 
     That additional acreage may be enrolled in the program to the 
     extent that non-Federal funds available to the Secretary are 
     used to fully compensate for the cost of additional 
     enrollments: Provided further, That the condition on 
     enrollments provided in section 1237(b)(2)(B) of the Food 
     Security Act of 1985, as amended, (16 U.S.C. 3837(b)(2)(B)) 
     shall be deemed met upon the enrollment of 43,333 acres 
     through the use of temporary easements: Provided further, 
     That the Secretary shall not enroll acres in the wetlands 
     reserve program through the use of new permanent easements in 
     fiscal year 1998 until the Secretary has enrolled at least 
     31,667 acres in the program through the use of temporary 
     easements''.
                                 ______
                                 

                          KOHL AMENDMENT 4976

  Mr. BUMPERS (for Mr. Kohl) proposed an amendment to the bill, H.R. 
3603, supra; as follows:

       On page 12, line 25, strike ``$46,018,000'' and insert 
     ``$46,330,000''.
       On page 14, line 10, strike ``$418,308,000'' and insert 
     ``$418,620,000''.
       On page 21, line 4, strike ``$47,829,000'' and insert 
     ``$47,517,000''.
                                 ______
                                 

                 BRYAN (AND OTHERS) AMENDMENT NO. 4977

  Mr. BRYAN (for himself, Mr. Kerry, Mr. Gregg, and Mr. Bumpers) 
proposed an amendment to the bill, H.R. 3603, supra; as follows:

       At the end of the bill, add the following:

     SEC.   . FUNDING LIMITATIONS FOR MARKET ACCESS PROGRAM.

       None of the funds made available under this Act may be used 
     to carry out the market access program pursuant to section 
     203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623) if 
     the aggregate amount of funds and value of commodities under 
     the program exceeds $70,000,000.
                                 ______
                                 

                 KERREY (AND OTHERS) AMENDMENT NO. 4978

  Mr. KERREY (for himself, Mr. Daschle, and Mr. Pressler) proposed an 
amendment to the bill, H.R. 3603, supra; as follows:

       On page 18, line 12, strike ``$432,103,000'' and insert 
     ``$421,078,000'''.
       On page 20, line 10, strike ``$98,000,000'' and insert 
     ``$86,975,000''.
       On page 23, line 8, strike ``$22,728,000'' and insert 
     ``$24,228,000''.
       On page 24, line 11, strike ``$557,697,000'' and insert 
     ``$566,222,000''.
                                 ______
                                 

                    KERREY AMENDMENTS NOS. 4979-4980

  Mr. KERREY proposed two amendments to the bill, H.R. 3603, supra; as 
follows:

                           Amendment No. 4979

       On page 25, line 16, strike ``$795,000,000'' and insert 
     ``$725,000,000''.
       On page 29, between lines 7 and 8, insert the following:

                            Risk Management

       For administrative and operating expenses, as authorized by 
     section 226A of the Department of Agriculture Reorganization 
     Act of 1994 (7 U.S.C. 6933), $70,000,000, except that not to 
     exceed $700 shall be available for official reception and 
     representation expenses, as authorized by section 506(i) of 
     the Federal Crop Insurance Act (7 U.S.C. 1506(i)).
                                                                    ____


                           Amendment No. 4980

       At the appropriate place in the bill, insert the following 
     new section:

     SEC. ____. DEPARTMENT OF AGRICULTURE VOLUNTARY SEPARATION 
                   INCENTIVE PAYMENTS.

       (a) Short Title.--This section may be cited as the 
     ``Department of Agriculture Voluntary Separation Incentive 
     Payments Act of 1996''.
       (b) Definitions.--For purposes of this section--
       (1) the term ``Secretary'' means the Secretary of 
     Agriculture;
       (2) the term ``agency'' means an agency of the Department 
     of Agriculture, as defined under regulations prescribed by 
     the Secretary; and
       (3) the term ``employee''--
       (A) means an employee (as defined under section 2105 of 
     title 5, United States Code) of an agency, or an individual 
     employed by a county committee established under section 
     8(b)(5) of the Soil Conservation and Domestic Allotment Act 
     (16 U.S.C. 590h(b)(5)), who--
       (i) is serving under an appointment without time 
     limitation; and
       (ii) has been currently employed for a continuous period of 
     at least 12 months; and
       (B) does not include--
       (i) a reemployed annuitant under subchapter III of chapter 
     83 or chapter 84 of title 5, United States Code, or another 
     retirement system for employees of the Government;
       (ii) an employee having a disability on the basis of which 
     such employee is or would be eligible for disability 
     retirement under any of the retirement systems referred to in 
     clause (i);
       (iii) an employee who is in receipt of a specific notice of 
     involuntary separation for misconduct or unacceptable 
     performance;
       (iv) an employee who, upon completing an additional period 
     of service as referred to in section 3(b)(2)(B)(ii) of the 
     Federal Workforce Restructuring Act of 1994 (5 U.S.C. 5597 
     note; Public Law 103-226), would qualify for a voluntary 
     separation incentive payment under section 3 of such Act;
       (v) an employee who has previously received any voluntary 
     separation incentive payment by the Federal Government under 
     this section or any other authority and has not repaid such 
     payment; or
       (vi) an employee covered by statutory reemployment rights 
     who has been transferred to another organization.
       (c) Separation Pay Authority.--(1) In order to avoid or 
     minimize the need for involuntary separations due to a 
     reduction in force, reorganization, transfer of function, or 
     other similar action affecting 1 or more agencies, the 
     Secretary may offer separation pay to encourage eligible 
     employees to separate from service voluntarily (whether by 
     retirement or resignation).
       (2) The Secretary may offer separation pay under paragraph 
     (1) to employees within such components of the agency, 
     occupational groups or levels of an occupation, geographic 
     location, or any appropriate combination of these factors, 
     subject to such other similar limitations or conditions as 
     the Secretary may require.
       (3) The Secretary shall prescribe such regulations as may 
     be necessary to carry out this subsection.
       (d) Voluntary Separation Incentive Payments.--(1) In order 
     to receive a voluntary separation incentive payment, an 
     employee

[[Page S8488]]

     shall separate from service with the employee's agency 
     voluntarily (whether by retirement or resignation) during the 
     period of time for which the payment of incentives has been 
     authorized. An employee's agreement to separate with an 
     incentive payment is binding upon the employee and the 
     agency, unless the employee and the agency mutually agree 
     otherwise.
       (2) A voluntary separation incentive payment--
       (A) shall be paid in a lump sum after the employee's 
     separation;
       (B) shall be equal to the lesser of--
       (i) an amount equal to the amount the employee would be 
     entitled to receive under section 5595 of title 5, United 
     States Code (without adjustment for any previous payment made 
     under such section) if the employee were entitled to payment 
     under such section; or
       (ii) $25,000 in fiscal years 1996 or 1997, $20,000 in 
     fiscal year 1998, $15,000 in fiscal year 1999, or $10,000 in 
     fiscal year 2000;
       (C) shall not be a basis for payment, and shall not be 
     included in the computation, of any other type of Government 
     benefit, except that this subparagraph shall not apply to 
     unemployment compensation funded in whole or in part with 
     Federal funds;
       (D) shall not be taken into account for purposes of 
     determining the amount of any severance pay to which an 
     individual may be entitled under section 5595 of title 5, 
     United States Code, based on any other separation; and
       (E) shall be paid from the appropriations or funds 
     available for payment of the basic pay of the employee.
       (3) No amount shall be payable under this subsection based 
     on any separation occurring before the date of the enactment 
     of this Act, or after September 30, 2000.
       (e) Effect of Subsequent Employment With the Government.--
     (1) An individual who has received a voluntary separation 
     incentive payment under this section and accepts any 
     employment with the Government of the United States within 5 
     years after the date of the separation on which the payment 
     is based shall be required to repay, before the individual's 
     first day of such employment, the entire amount of the 
     incentive payment to the agency that paid the incentive 
     payment.
       (2) The requirement to repay separation pay under paragraph 
     (1) may be waived--
       (A) in the case of an Executive agency (as defined under 
     section 105 of title 5, United States Code), the United 
     States Postal Service, or the Postal Rate Commission, if the 
     Director of the Office of Personnel Management determines, at 
     the request of the head of the agency, that the individual 
     involved possesses unique abilities and is the only qualified 
     applicant available for the position;
       (B) in the case of an entity in the legislative branch, if 
     the head of the entity or the appointing official determines 
     that the individual involved possesses unique abilities and 
     is the only qualified applicant available for the position; 
     or
       (C) in the case of the judicial branch, if the Director of 
     the Administrative Office of the United States Courts 
     determines that the individual involved possesses unique 
     abilities and is the only qualified applicant available for 
     the position.
       (3) For the purpose of this subsection, the term 
     ``employment'' includes--
       (A) employment of any length or under any type of 
     appointment, but does not include employment that is without 
     compensation; and
       (B) employment under a personal services contract, as 
     defined by the Director of the Office of Personnel 
     Management.
       (f) Additional Agency Contributions to the Retirement 
     Fund.--(1) In addition to any other payments which it is 
     required to make under subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code, the Department of 
     Agriculture shall remit to the Office of Personnel Management 
     for deposit in the Treasury of the United States to the 
     credit of the Civil Service Retirement and Disability Fund an 
     amount equal to 15 percent of the final basic pay of each 
     employee of the agency who is covered under subchapter III of 
     chapter 83 or chapter 84 of title 5, United States Code, to 
     whom a voluntary separation incentive has been paid under 
     this section.
       (2) For the purpose of this subsection, the term ``final 
     basic pay'', with respect to an employee, means the total 
     amount of basic pay which would be payable for a year of 
     service by such employee, computed using the employee's final 
     rate of basic pay, and, if last serving on other than a full-
     time basis, with appropriate adjustment therefor.
       (g) Reduction of Agency Employment Levels.--The total full-
     time equivalent positions in the Department of Agriculture 
     shall be reduced by one position for each separation of an 
     employee who receives a voluntary separation incentive 
     payment under this section. The reduction shall be calculated 
     by comparing the Department's full-time equivalent positions 
     for the fiscal year in which the voluntary separation 
     payments are made with the full-time equivalent position 
     limitation for the prior fiscal year.
       (h) Reports.--No later than March 31 of each fiscal year, 
     the Office of Personnel Management shall submit to the 
     Committee on Governmental Affairs of the Senate and the 
     Committee on Government Reform and Oversight of the House of 
     Representatives a report which, with respect to the preceding 
     fiscal year, shall include for the Department of 
     Agriculture--
       (1) the number of employees who received voluntary 
     separation incentives;
       (2) the average amount of such incentives;
       (3) the average grade or pay level of the employees who 
     received incentives; and
       (4) the number of waivers made under subsection (e) in the 
     repayment of voluntary separation incentives, and for each 
     such waiver--
       (A) the reasons for the waiver; and
       (B) the title and grade or pay level of the position filled 
     by each employee to whom the waiver applied.
       (i) Effects on Reductions in Force.--Under procedures 
     prescribed by the Office of Personnel Management, an agency 
     of the Department of Agriculture may administer a reduction 
     in force action to provide that if an employee separates from 
     service and receives an incentive payment under this section 
     during a reduction in force action affecting the agency--
       (1) another employee who would otherwise be separated from 
     service in such reduction in force may be retained; and
       (2) the voluntary separation by the employee shall be 
     treated as an involuntary separation resulting from such 
     reduction in force.
       (j) Employees With Critical Knowledge and Skills.--The 
     Secretary may exclude an employee from receiving a separation 
     incentive payment under this section, if the Secretary 
     determines that--
       (1) such employee has critical knowledge and skills; and
       (2) separation by the employee would impair the performance 
     of the employing agency's mission.
       (k) Continuation of Health Insurance Coverage.--(1)(A) 
     During the period beginning on the date of the enactment of 
     this Act through September 30, 2000, any employee described 
     under paragraph (2) may elect continued health care insurance 
     for no longer than 18 months in accordance with section 8905a 
     of title 5, United States Code.
       (B) Notwithstanding section 8905a(d)(1)(A) of title 5, 
     United States Code--
       (i) such employee shall pay only the amount of the employee 
     contribution into the Employees Health Benefits Fund; and
       (ii) the Department of Agriculture shall pay the amount of 
     the agency contribution and any cost of administrative 
     expenses into the Employees Health Benefits Fund.
       (2) An employee referred to under paragraph (1) is any 
     employee who--
       (A) voluntarily separates from service and receives an 
     incentive payment under this section; or
       (B) is involuntarily separated from service in a reduction 
     in force action.
                                 ______
                                 

                      PRESSLER AMENDMENT NO. 4981

  Mr. COCHRAN (for Mr. Pressler) proposed an amendment to the bill, 
H.R. 3603, supra; as follows:

       At the end of the bill, add the following:

     SEC.  . WAREHOUSE RECEIPTS.

       (a) Electronic Warehouse Receipts.--Section 17(c) of the 
     United States Warehouse Act (7 U.S.C. 259(c)) is amended--
       (1) in paragraph (1)(A), by striking ``cotton'' and 
     inserting ``any agricultural product'';
       (2) by striking ``the cotton'' each place it appears and 
     inserting ``the agricultural product''; and
       (3) in paragraph (2)--
       (A) in subparagraph (A), by striking ``in cotton'' and 
     inserting ``in the agricultural product''; and
       (B) in the last sentence of subparagraph (B)--
       (i) by striking ``electronic cotton'' and inserting 
     ``electronic''; and
       (ii) by striking ``cotton stored in a cotton warehouse'' 
     and inserting ``any agricultural product stored in a 
     warehouse''.
       (b) Written Receipts.--Section 18(c) of the United States 
     Warehouse Act (7 U.S.C. 260(c)) is amended by striking 
     ``consecutive''.
                                 ______
                                 

                       INHOFE AMENDMENT NO. 4982

  Mr. COCHRAN (for Mr. Inhofe) proposed an amendment to the bill, H.R. 
3603, supra; as follows:

       On page 11, line 22, add the following proviso after the 
     word ``law'': ``: Provided further, That all rights and title 
     of the United States in the property known as the National 
     Agricultural Water Quality Laboratory of the USDA, consisting 
     of approximately 9.161 acres in the city of Durant, Oklahoma, 
     including facilities and fixed equipment, shall be conveyed 
     to Southeastern Oklahoma State University''.
                                 ______
                                 

                      MURKOWSKI AMENDMENT NO. 4983

  Mr. COCHRAN (for Mr. Murkowski) proposed an amendment to the bill, 
H.R. 3603, supra; as follows:

       At the appropriate place, insert the following:
       Sec.  . Hereafter, notwithstanding any other provision of 
     law, any domestic fish or fish product produced in compliance 
     with food safety standards or procedures accepted by the Food 
     and Drug Administration as satisfying the requirements of the 
     ``Procedures for the Safe and Sanitary Processing and 
     Importing of Fish and Fish Products'' (published by the Food 
     and Drug Administration as a final regulation in the Federal 
     Register of December 18, 1995), shall be deemed to have met 
     any inspection requirements of the Department of Agriculture 
     or other Federal

[[Page S8489]]

     agency for any Federal commodity purchase program, including 
     the program authorized under section 32 of the Act of August 
     24, 1935 (7 U.S.C. 612c) except that the Department of 
     Agriculture or other Federal agency may utilize lot 
     inspection to establish a reasonable degree of certainty that 
     fish or fish products purchased under a Federal commodity 
     purchase program, including the program authorized under 
     section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), 
     meet Federal product specifications.

                          ____________________