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“THE AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 1997” mentioning the U.S. Dept of Agriculture was published in the Senate section on pages S8483-S8489 on July 22, 1996.
The publication is reproduced in full below:
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''.
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 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 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 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)).
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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 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.
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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''.
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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''.
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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 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.
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