Congressional Record, Volume 142 Issue 108 (Monday, July 22, 1996)

[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.

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.

____________________