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The PRESIDING OFFICER. The Senator from Colorado.
Affordable and Secure Food Act
Mr. BENNET. Mr. President, this weekend, families all across America will sit down in their dining rooms for a holiday meal, and they are going to have to pay more for that meal than they ever have before. They are going to have to pay more for bread and more for butter, potatoes, eggs, vegetables. Literally, almost everything that is going to be on America's tables this holiday season is going to be more expensive than it has ever been.
Although there are several reasons for that phenomenon, somewhere at the very top is the profound labor shortage that exists in American agriculture. Today, America's farmers and ranchers are short more than 100,000 workers all across this country to plant seeds, to pick berries, to raise cattle, and to do the hard, essential work of feeding this country.
It is why growers all across America are banging down the doors of this Capitol, pleading with us to fix the broken H-2A system for farmers.
It is obvious to everybody who has had anything to do with this system that it is completely broken. There is no argument that can be made that it is not. To start, the H-2A program is not even open to year-round jobs. That is just the beginning of the trouble. That is every dairy in America who has to milk their cows two or three times a day, including the holidays. It is every mushroom grower, livestock producer, horse breeder that needs those year-round visas.
The H-2A program is also hopelessly and embarrassingly outdated. To qualify for a visa, this ancient program requires farmers to put a physical advertisement in a local newspaper, if there is a local newspaper, if they can find one. They can't advertise online. That is prohibited in the year 2022.
And you have to reapply for the H-2A visa every single year, which is an incredible burden on farmers and on farm workers. It is the last thing they need.
And, finally, the existing program does nothing to protect farmers from dramatic spikes in labor costs from year to year. They can't plan for the future. They have no idea what kind of uncertainty they are going to have to deal with when it comes to wages.
I am thinking of farmers like Bruce Talbott, who grows peaches in Palisade, CO. The labor shortage hurts Bruce in two ways: One, he doesn't have enough people to pick everything he grows, so he is forced to leave money on the table every single year; and, second, this labor shortage is driving up labor costs, which are now 80 percent of the total costs of his operation. And we are seeing this all over the country.
You see it right here: H-2A wages up almost 50 percent in the last 10 years. By the way, this is all wages down here. And this is what has happened to wages in farming and ranching in this country. It has grown so much faster than the rest of the workforce, and it is pushing family farms and ranches to the edge of a cliff, and, sadly, a lot of them are going over that cliff or considering moving their operations from the United States to Mexico.
Since 2007, America has lost 190,000 farms, almost all of them small family farms. That is nearly 10 percent of the farms in this country, and some industries, like dairy, have been hit even harder. Between 2003 and 2020, the number of dairy farms in America fell by over half, by 55 percent.
That is not just bad for dairy farms. It is bad for the communities that they are in and that they support, and it is bad for this country. If we don't deal with this, this country is on track, believe it or not, to become dependent on foreign food imports.
You can see it here. This is the export line, and here is the projected import line. We are right at the point where we could be a net importer of food for the first time in my lifetime, maybe the first time in forever. I don't know.
I don't want us to rely on other nations to feed America. We have the most productive agriculture sector in the world. And yet, because of this labor problem, we are going to accept the idea that we should be a net importer of food from other countries? That is terrible for our economic security, for our food security, and, I would argue, for our national security as well.
Just on the economic point, Colorado's agriculture generates over $40 billion a year for our State's economy. Nationwide, there are nearly 20 million jobs in food and agriculture-related industries. That is 1 in every 10 jobs in this country. And over $1 trillion of our GDP is agriculture.
And I think people--especially people who don't work in agriculture, don't think about agriculture, don't live in maybe a rural area--they tend to forget that literally every single sector of our economy depends on agriculture. You can't have an economy without food. There has never been one.
So when we talk about the crisis in American agriculture that I am here on this floor to address today, we have to understand that the stakes could not be higher. At the same time we have that issue, there are hundreds of thousands of undocumented farm workers living in the shadows in this country. These men and women are breaking their backs every single day to feed America--women like Lulu Guerrero, who lives in Weld County, CO.
She gets up at 3 o'clock in the morning every single morning to plant crops like watermelons and tomatoes and pumpkins. She has been doing that for 20 years. I have met people in my State who have been doing it for 30 years, who have been doing it for 40 years--with no status, with no protections, with no legal recourse if somebody tries to take advantage of them--many of them with U.S. citizens who are their children, people who can't go back and forth to see their relatives south of the border when somebody dies.
This has been going on for decades, and we have ignored this problem in part because the food keeps showing up somehow, miraculously, in our grocery stores, as if somebody waved a wand to put it there.
These workers have broken their backs to support their families, to support the United States of America, to make sure that we are fed. The least we can do for our own country is to bring them out of the shadows of the law.
The status quo is terrible for workers, it is terrible for businesses and farms, and it is terrible for American families who have seen their grocery bills go through the roof.
Look at this. I am not saying all of that is the labor shortage, but a huge amount of that is the labor shortage. In the last year alone, grocery prices have shot up about 12 percent--faster than at any time in 40 years, as you can see from this slide.
And it is everything. I won't read all of these, but it is everything. The price of apples is up 7 percent. The price of milk is up 15 percent. And I guarantee you that is as a result of people unable to find people to do that work. And eggs are up almost 50 percent.
These aren't nice to have. None of these are nice to have for the American people. These are essential to a well-balanced meal to a family being able to feed itself in America. That is why Congress has to finally fix this H-2A program, and we have the opportunity to do it.
There is good news. We have a plan to fix it, the Affordable and Secure Food Act. Our proposal builds on legislation. This is an important point. You know, sometimes people over here blame the House of Representatives for not getting done what needs to get done for this country. In this case, they have passed this bill twice--or a version of this bill twice--in a bipartisan fashion. There were Republican Members of Congress over here last week imploring Republican Members of the Senate to please pass this bill, which from the grower's perspective, by the way, is an improvement over the bill that passed in the House.
The Farm Workers Union and many of the growers in this country have come together to support this legislation, and there is a good reason why it had bipartisan support in the House. And now, from the perspective of the other side of the aisle, in many ways, it is actually a better bill. Our bill opens the H-2A program to year-round jobs for the first time ever, and that is going to mean dairy farmers and mushroom growers can finally access the labor that they need, that they can't access today.
It creates wage certainty for farmers, saving them $23 billion over the next 12 years. I want to say that again: $23 billion over the next 12 years, because now people are going to know what the wage increases are going to look like. They are going to be predictable. They have been agreed to. And that results in the savings of $23 billion. That is
$2 billion more over that period of time than the savings that were achieved in the House bill for growers.
It requires E-Verify for farm workers nationwide. That is going to help with the chaos at the border because people are now going to know that they are not going to be able to come here and work illegally or in an undocumented fashion in agriculture. So they will be less likely to want to come.
And, finally, the bill establishes a pathway for undocumented farm workers to apply for a green card after they have worked in agriculture for at least a decade, passed a background check, and paid a penalty.
That is not amnesty. It is a recognition that anybody who has spent a decade breaking their back to feed America should have the opportunity to apply for lawful status.
Are we really going to accept as a definitional matter for this country that we want fields filled with indentured servants in the United States of America? Is that really where we are as a nation?
I don't think so. That is not what people in Colorado believe. No matter what party they are in, they don't believe that. They think we should fix this problem. They know how hard- working the people are who are working in our fields and on our ranches and at our dairies.
And that is why this bill is broadly supported not just in Colorado but all across the country--by farmers and labor, by immigration advocates, by businesses, by the American people. The vast majority of the American people know we need to fix this.
And this morning--this isn't meant for anybody to read; I will get to that in a moment--but over 240 groups from all across America, including from New Mexico and from Colorado, sent a letter supporting this bill. And I am not going to read all--I am tempted to read all 240, and there isn't anybody here tonight. But let me just give you a sense of the breadth and the depth of the support of this bill.
The signers of this bill include the International Fresh Produce Association, the National Council of Farmer Cooperatives, the National Milk Producers Federation, the National Farmers Union, the National Thoroughbred Racing Association, the American Honey Producers Association, the American Mushroom Institute, the American Sugarbeet Growers Association, the California Apple Commission, the California Association of Winegrape Growers, the Colorado Potato Legislative Association.
Let me just tell you how hard it is for our potato producers in Colorado to deliver that incredible crop when we finally have created a situation where Mexico has to import our potatoes and can't just keep them out, which is what they have been doing for years and years and years, but they can't find folks to do the work. With the rise in input costs that farmers and ranchers have to deal with, with the drought that the Colorado potato growers are dealing with in the San Luis Valley that I know the Presiding Officer knows so well--you know, you would think that the least we could do is solve a problem that could be solved. That is a major headache for them and for their colleagues all across the country--like the Food Producers of Idaho, the Georgia Blueberry Commission, the Idaho Hay and Forage Association, Land O'Lakes, the Lone Star Milk Producers, the Maine Potato Board, the Michigan Nursery & Landscape Association, the National Association of State Departments of Agriculture.
As I read this list, do you know the one thing these people don't have in common? They are not Democrats or Republicans. They are just trying to deliver agricultural products to the American people. That is all they are trying to do. And they live in red States, and they live in blue States. They live all over the United States of America.
The National Pecan Federation, the New York Apple Association, the North Carolina Potato Association, the Ohio Dairy Producers Association, the Pennsylvania Vegetable Growers Association, Premium Peanut, the Society of American Florists, the National Asparagus Council, the United Dairy Farmers of Florida, the Utah Tart Cherry Marketing Board, the Virginia Apple Growers Association, the Washington State Tree Fruit Association, the Western Growers--and let me say something about the Western Growers.
In 2013, I had the privilege of being part of the Gang of 8 that negotiated the comprehensive immigration reform bill that passed this floor with 68 votes. It was led on the Republican side by John McCain and by Jeff Flake and Marco Rubio and Lindsey Graham. We had four Democrats on our side. And, I have to say, in the 14 years I have been in this place, that was the best work we have done as a body. We dealt with this tough issue of immigration, and we dealt with all aspects of it--11 million people who were undocumented had the chance to earn a tough but fair pathway to citizenship in this country and come out of the shadows.
We dealt with all the visa issues that have been driving the country crazy all this year--business visas and agriculture visas.
I negotiated the agriculture provisions of this bill with Senator Rubio and Senator Feinstein and Senator Hatch.
And we had the most progressive Dream Act that had ever been conceived, much less voted on, as part of that bill.
It also had $40 billion border security in it. People forget that part. Every single Democrat voted for a bill that had $40 billion of border security. That is a heck of a lot more money than Donald Trump ever spent to build his wall--that medieval device.
That $40 billion, which was a bipartisan effort, again, was meant to spend--was meant to spend the money on 21st-century technology so we could see every inch of the border so border crossings could actually be much better policed than they are today.
I will come back to this later in the speech, but I am not somebody who believes we should have a border that is not secure. I believe we should have a secure border. I think we should. I think the American people expect that we will. And I came to this floor--I think it was in May--to say that I thought it was wrong for the Biden administration to lift title 42 without a plan to address the border, and we are seeing the effects of that, I think, today.
That shouldn't be an excuse for making lives more miserable for people working in American agriculture. It shouldn't be an excuse for driving food prices up for families. It shouldn't be an excuse for compromising our economic independence, our food security, and our national security.
We have in front of us a negotiated agreement that passed the House of Representatives with a bipartisan vote. We have an agreement that has been negotiated over here that is more generous to producers than the one that passed the House of Representatives, and it has all this support from all these people all over the country. I am not going to read every single one of these names, but you get the idea. These are people who probably, I would guess--many of them probably agree on nothing politically, but they agree on this. They agree on this. Part of that is because the situation they are confronting is so dire, and part of it is because they have helped produce a good piece of legislation that should get its chance.
(Mr. SCHATZ assumed the Chair.)
(Mr. HEINRICH assumed the Chair.)
Mr. President, I ask unanimous consent that the letter with all these names be printed in the Record so I can spare you listening to all the names.
There being no objection, the material was ordered to be printed in the Record, as follows:
December 16, 2022. Hon. Chuck Schumer, Majority Leader. Hon. Mitch McConnell, Minority Leader.
Dear Majority Leader Schumer and Minority Leader McConnell: The undersigned agricultural organizations urge the Senate to support and pass Sen. Bennet's legislation, the Affordable and Secure Food Act by the end of the year to address the workforce crisis threatening farms across the United States. The ongoing farm workforce crisis is hindering agricultural production and contributing to food price inflation. We must address this now, so our producers can continue to grow, feed, clothe, and fuel our nation.
Sen. Bennets legislation provides stability for our existing workers and makes key reforms to the H-2A program, the visa program producers use to hire legal temporary workers to supplement the available U.S. workforce. While the bill is not perfect, it provides a significant step forward by providing access to guest workers for many sectors in the industry and will account for real cost savings for farmers and consumers across the country. The House has passed legislation on this issue, and it is now time for the Senate to act before the end of the year. Without immediate action by the Senate, the federal government's outdated policies, insufficient domestic workforce, and a challenging guest worker program are forcing many farmers to consider whether they can continue in labor-intensive agriculture.
The country cannot afford for the Senate to miss this opportunity to provide stability to both farmers and farmworkers. We implore the Senate to pass legislation to address our agricultural workforce challenges and ease inflationary pressure on food costs for all Americans.
Sincerely,
Agricultural Council of California; Agri-Mark, Inc.; Agtegra Cooperative; Alsum Farms & Produce, Inc; Amcot; American AgCredit; American Crystal Sugar Company; American Honey Producers Association; American Mushroom Institute; American Sugarbeet Growers Association; AmericanHort; Andrew
& Williamson Fresh Produce; Andrew & Williamson Fresh Produce; Applewood Fresh Growers, LLC; Arizona Dairy Producers Trade Association; Arizona Nursery Association; Associated Milk Producers Inc.; Bay Cities Produce, Inc.; Bennett Berry Farm LLC; Blueberry Bunch Farm LLC;
Bobalu LLC; Bongards' Creameries; Brantley County Blueberries, LLC; Brooks Tropicals, LLC; Brooks Tropicals, LLC.; Brookside Farms, LLC; Calavo Growers, Inc.; California Apple Commission; California Association of Winegrape Growers; California Blueberry Association; California Blueberry Commission; California Canning Peach Association; California Citrus Mutual; California Dairies, Inc.; California Dairy Campaign; California Farm Bureau; California Fresh Fruit Association; California Olive Oil Council; California Walnut Commission; California Wild Rice Advisory Board.
Capital City Fruit, Co.; Carolinas Cotton Growers; Cayuga Marketing; Center for Dairy Excellence (Pennsylvania); Central Valley Ag; Ceres Solutions; Christopher Ranch LLC; CHS, Inc.; Co-Alliance Cooperative, Inc.; CoBank; Coconut King; Colorado Dairy Farmers; Colorado Fruit & Vegetable Growers Association; Colorado Nursery & Greenhouse Association; Colorado Potato Legislative Association; Compeer Financial; Cooperative Milk Producers Association; Cornerstone Ag Enterprises; CropLife America; Crunch Pak.
DaCosta Blueberry Farms Inc; Dairy Farmers of America, Inc.; Dairy Producers of New Mexico; Dan Graiff Farms LLC; DeGrandchamp Farms Inc.; Delta Council; DNO Produce; Domex Superfresh Growers; Dosner Organic Farms; Driscoll's; Duncan Family Farms; Edge Dairy Farmer Cooperative; Ellsworth Cooperative Creamery; Empire State Potato Growers; Farm Credit East; Farm Credit Services of America-IA, NE, SD, WY; FarmFirst Dairy Cooperative; Firestone Pacific Foods; First District Association; Florida Citrus Mutual.
Florida Fruit & Vegetable Association; Florida Nursery, Growers & Landscape Association; Food Producers of Idaho; Foremost Farms USA; Frantz Nursery; Fresh Texas; Frontier Farm Credit-KS; Fruit Growers Supply; Georgia Blueberry Commission; Georgia Fruit and Vegetable Growers Association; Georgia Green Industry Association; Georgia Milk Producers, Inc.; Girardin's Gardens, LLC; Goin's Blueberry Lane; GreenStone Farm Credit Services; Grimmway Farms; Gulf Citrus Growers Association; Holthouse Farms of Ohio, nc.; Idaho Alfalfa and Clover Seed Growers Association; Idaho Apple Commission.
Idaho Cherry Commission; Idaho Dairymen's Association; Idaho Hay and Forage Association; Idaho Honey Industry Association; Idaho Hop Growers Association; Idaho Oilseed Commission; Idaho Onion Growers Association; Idaho Potato Commission; Idaho-Oregon Fruit and Vegetable Association; IFCO Systems; Illinois Green Industry Association; Indiana Dairy Producers; Interfresh; International Dairy Foods Association; International Fresh Produce Association; Iowa Institute for Cooperatives; Iowa State Dairy Association; JEC Farms, LLC.; Joe Produce, LLC; Joseph Bezon & Son.
JR's Berry Farms; K&C Farms; Kansas Livestock Association; Kansas Nursery and Landscape Association; Kentucky Dairy Development Council; Kevin Eason Farms; Land O'Lakes, Inc.; Legacy Labor, Inc.; Leitz Farms LLC; Little Bear Produce; Lone Star Milk Producers; Mack Farms inc; Maine Dairy Industry Association; Maine Potato Board; Malheur County Onion Growers Association; Maryland & Virginia Milk Producers Cooperative Association; Mastronardi Produce-USA; MBG Marketing; MD Basciani & Sons, Inc.; Meyer Farms.
Michigan Apple Association; Michigan Asparagus; Michigan Freeze Pack; Michigan Milk Producers Association; Michigan Nursery & Landscape Association; Michigan State Horticultural Society; Michigan Vegetable Council; Midwest Apple Improvement Association (MAIA); Midwest Dairy Farms; Midwest Groundcovers; Midwest Trading Horticultural Supplies; Miles Berry Farm. Milk Producers Council; Milk Producers of Idaho; Minnesota Milk Producers Association; MKC (Mid-Kansas Cooperative); Mount Joy Farmers Cooperative Association; Nardelli Bros. Inc.; National All-Jersey; National Association of State Departments of Agriculture.
National Council of Farmer Cooperatives; National Farmers Union; National Milk Producers Federation; National Pecan Federation; National Potato Council; Nebraska Cooperative Council; New Day Berry Farms LLC; New York Apple Association; New York Apple Growers; New York Farm Bureau; New York State Flower Industries; New York State Horticultural Society; Nezperce Prairie Grass Growers Assn.; North American Blueberry Council; North Bay Produce, Inc.; North Carolina Dairy Producers Association; North Carolina Potato Association; Northeast Dairy Producers Association; Northland Potato Growers Association; Northwest Dairy Association/ Darigold.
Northwest Farm Credit Services; Northwest Horticultural Council; NW Ag Cooperative Council; Ohio Dairy Producers Association; Ohio Produce Growers and Marketing Association; Olive Growers Council of California; Oneida-Madison Milk Producers Cooperative Association Oregon Dairy Farmers Association; Oregon Potato Commission; OZBLU USA LLac; Packers Canning dba Honee Bear Canning; Peak Foods LLC; Pennsylvania Apple Program; Pennsylvania Cooperative Potato Growers; Pennsylvania Vegetable Growers Association; Peterson Farms, Inc.; Plains Cotton Cooperative Association; Potato Growers of Michigan, Inc.; Prairie Farms Dairy, Inc.; Premium Peanut.
Produce Alliance LLC; Professional Dairy Managers of Pennsylvania; S. Katzman Produce; Scioto Cooperative Milk Producers' Association; Society of American Florists; South Dakota Association of Cooperatives; South Dakota Dairy Producers; South East Dairy Farmers Association; Southeast Milk, Inc.; Southern Idaho Potato Cooperative, Inc.; Sunkist Growers; Sunmaid Growers of California; Sunsweet Growers Inc.; Suwannee Creek Berries llc; Texas Agricultural Cooperative Council; Texas Association of Dairymen; Texas International Produce Association; The Crews Farm, LLC.; The National Asparagus Council; The San Francisco Wholesale Produce Market.
Tillamook County Creamery Association; Tops Markets; U.S. Apple Association; U.S. Beet Sugar Association; United Dairy Farmers of Florida, Inc.; United Dairymen of Arizona; United Egg Producers; United Potato Growers of America; Upstate Niagara Cooperative, Inc.; US Tobacco Cooperative; Utah Apple Marketing board; Utah Horticulture Association; Utah Tart Cherry Marketing board; Vidalia Onion Business Council; Village Farms; Virginia Apple Growers Association; W.P. Rawl
& Sons; Walker Berry Brothers; Washington State Dairy Federation; Washington State Potato Commission.
Washington State Tree Fruit Association; Western Growers; Western States Dairy Producers Association; Westfalia Fruit US; Wisconsin Potato & Vegetable Growers Association; Wish Farms.
Mr. BENNET. I will end with this. There is a vegetable farmer in Brighton, CO, whom I have known for many, many years. His name is Robert Sakata. His dad started Sakata Farms in 1944 after he was released from a Japanese-American internment camp, where he was interned during World War II. For almost 80 years, Sakata Farms has been a critical ingredient of our Colorado economy--a staple of Colorado, to put it in food terms, but when Robert visited my office in the last couple of years, he handed me fliers advertising his equipment for sale.
I said: Robert, why are you selling your implements? Why are you doing that?
He loves what he does. He is so passionate about what he does. He is so passionate about the people who work side by side with him to produce incredible fruits and vegetables in Colorado. But he told me that he was selling because he didn't have enough labor to harvest his vegetable crop. Today, they no longer grow vegetables at Sakata Farms; they only grow row crops. Is that the future we want for American agriculture? It is not what we want in Colorado.
I have heard stories like that, like Robert Sakata's story, all over my State and all over this country for the last decade. We don't have to accept the loss of the next 10 percent of America's family farms. We don't have to accept hundreds of thousands of people living in the shadows when they work every single day. They are breaking their backs--I don't use that term lightly--working in some of the worst conditions that there are to work in to feed the American people, to give us economic security and food security and provide for our national security.
We shouldn't accept crushing food prices for families just because this Congress can't reform an antiquated H-2A program. We can do something about it this week before we go home, with this proposal.
Sometimes the politics of an issue like this seems so hard that you are defeated on it before you even get started. That has not been the case with this coalition of people from all over America. They have all they can contend with every single day.
As I said, with rising input costs, with the trade issues that we have been dealing with, they have every reason in the world not to spend a moment trying to actually pass this piece of legislation, but it is so important because this labor issue is so critical to the future of American agriculture, and they know it, and they have a sense of urgency about it. They want us to overcome our fears and our political concerns, to come together and do what the House of Representatives did, which is pass a bipartisan bill. I guarantee you, if we do that, if we do that here in this Chamber, when people go home, what they are going to hear is this: Thank you. Thank you for listening to us. Thank you for respecting our work in American agriculture. And thank you for standing up for our country during a difficult economic moment in world history.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mr. SCHATZ. Madam President, I ask unanimous consent that the order for the quorum call be rescinded.
The PRESIDING OFFICER (Ms. Smith). Without objection, it is so ordered.
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SOURCE: Congressional Record Vol. 168, No. 197
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