Preserving America's Family Farms Act

Mr. Speaker, I thank the gentleman for yielding.

I'm pleased to stand today in support of H.R. 4157, Preserving America's Family Farm Act. This is a very bipartisan bill that I think really gets to what we're concerned about in agriculture today. Anymore these days, it seems like armies of Federal bureaucrats are drawing up new regulations, often with little or no consideration or understanding of the very industries that they're trying to regulate.

While some regulations do serve a legitimate purpose, others do little more than create uncertainty and additional costs for hardworking taxpayers, farmers, and small business owners. I believe if we want to put America back in business, back to work, one of the first things we must do is crack down on overregulation.

I've introduced a proposal called the Regulatory Accountability and Economic Freedom Act that would take a number of steps to reverse our government's direction and overregulation. Unfortunately, we're standing here today to fight one of those misguided regulation attempts. Last September, the Department of Labor proposed rules that would have dramatically limited the ability of America's youth to contribute to work on their family's farm or agricultural operations, and it would have restricted, if not completely eliminated, educational training opportunities for youth in rural America. As a result, I introduced H.R. 4157 as the solution to block the DOL's overly burdensome regulations.

We can't allow Federal bureaucrats, many of whom have never set foot on a farm, to tell Iowa farm families how they can run their operations. As a person who grew up on a family farm and later became a farmer myself, I can attest to the valuable skills that are developed through days of bailing hay and detassling cornfields and showing cattle at the county fair. I, like so many thousands of youth across this country today, utilized my own farm experience to learn the often difficult lessons of hard work, character development, problem solving skills, and leadership.

Life on the farm is never easy, but the valuable lessons learned while producing America's food, feed, and fiber make for a rewarding way of life. I think it goes without saying that the safety and well- being of all farmworkers, especially our youth, is of the utmost importance to our Nation's farmers and ranchers. However, the regulations proposed by the DOL went beyond all common sense and would have destroyed opportunities for youth across the agricultural economy. This bill will ensure the Department cannot reissue a proposed rule substantial in nature to its version released last year.

Our youth deserve an opportunity to learn and grow through on-farm experience, and my bill ensures that that opportunity will remain available. And I urge support for Preserving America's Family Farms Act.

Mr. Speaker, I thank the gentleman from Michigan for yielding once again. I will be submitting a letter here from 16 national farm groups in support of this legislation. I would also like to respond--the gentlewoman talked about farm families, that parents can still let their children be involved in the farming operation. That statement to me just shows a total misunderstanding and miscomprehension of what agriculture is today. Yes, you have family, Mom and Dad, but the highest percentage of all farms today are in partnership with their brothers, with their sisters. If their grandparents are still involved, if their parents are involved in that farming operation, this rule would have prohibited any child from working on the farm and being part of a family operation. Or, if you're a subchapter S corporation, any of the things that are so common today--partnerships, small business corporations--that these family farm operations are, it would have totally prohibited our youth from getting the kind of education, getting the knowledge, getting the experience that they can derive working with their parents on a family farm operation.

Mr. Speaker, last Saturday I had the opportunity to travel to three county fairs, one in Bedford, one in Red Oak, and one in Avoca, Iowa. It brought back so many memories from my own youth to go to those fairs and see young people showing livestock, either 4-H or FFA, and to see the experience, the love they have for those animals, the love of the farm and agriculture that they are developing in their youth. This is extraordinarily important.

While some people may dismiss the importance of this bill, it will prohibit, even in the proposal that was made, but also anything like it from happening.

That's what's very, very important, to give those families out there the certainty, to give the 4-H and the FFA, the educational programs in agriculture today, a chance to continue this great legacy of agriculture and of family farm operations. That's really what this is all about.

Mr. Speaker, I, again, ask for support of all the Members for this bill. It is extremely important for family farms.

July 24, 2012.

The Honorable,

House of Representatives,

Washington, DC.

Dear Representative: This afternoon the House of

Representatives will debate and vote on H.R. 4157, the

Preserving America's Family Farms Act. The undersigned

organizations support preserving the ability of youth to gain

training and education by working on the farm. Accordingly,

we urge all members of the House to vote in favor of H.R.

4157.

The safety of all workers is of utmost importance; however,

in September 2011, the Department of Labor introduced

regulations that took caution beyond recognition. The

proposed regulations were overly burdensome to agriculture

producers and would have limited, if not eliminated, training

opportunities for youth in rural America. Fortunately, the

administration listened to the concerns of farmers and

ranchers by withdrawing the regulation in April. However, the

threat to family farms still exists. H.R. 4157 protects an

agricultural way of life from future child labor regulations

that could limit the ability of youth to learn valuable

skills by working on the farm.

While we all respect the obligations and responsibilities

of the Department of Labor to ensure the safety of youth

working on farms as delineated in the Fair Labor Standards

Act, we believe that the approaches taken need to be well

reasoned and not detrimental to the family farm or the youth

participating in farm work. Thus, we urge all members of the

House to vote in favor of this bill when it reaches the

floor.

Sincerely,

American Farm Bureau Federation, American Feed Industry

Association, American Horse Council, American Seed Trade

Association, American Soybean Association, Florida Fruit &

Vegetable Association, International Association of Fairs and

Expositions, National Association of State Departments of

Agriculture.

National Cattlemen's Beef Association, National Council of

Agricultural Employers, National Cotton Council, National FFA

Organization, National Milk Producers Federation, National

Pork Producers Council, United Fresh Produce Association,

U.S. Apple Association.

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4157) to prohibit the Secretary of Labor from finalizing a proposed rule under the Fair Labor Standards Act of 1938 relating to child labor, as amended.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks on H.R. 4157.

Mr. Speaker, I yield myself such time as I may consume.

I want to first thank my colleague from Iowa, Congressman Tom Latham, for introducing this very important legislation. Representative Latham is a long-time advocate for farmers and agribusiness, and his leadership in Congress is greatly appreciated.

According to a report on MLive.com, which is a new site from my home State of Michigan, parts of the country are experiencing the worst drought in more than 20 years. Jim Spink, a sixth-generation farmer from Michigan's Liberty Township, said:

It's going to be one of the years that separates those that

are positioned well financially and those that are not.

Unpredictability in the weather and harvest is not a new challenge for American farmers. Quite the contrary, it's a way of life. Farmers work each day under difficult circumstances, growing the food and resources necessary to power this Nation and this world. Often the presence of a son or a daughter working with his or her parents is important to a farm's long-term success.

Federal labor policies recognize the support youth provide to family farms by exempting farmworkers between 14 and 16 years of age from restrictions on agriculture activities. For decades, this exemption has applied to youth working on a farm owned or operated by the parent or an individual standing in place of his or her parent. With farmers facing a tough year with high temperatures and low rainfall, we should continue to support the ability for youth

to experience safe employment in American farming. That's why many were shocked when the Obama administration announced new rules that would make it difficult for young people to work on family farms.

Last September, the Department of Labor proposed regulatory changes that would negatively affect youth employment in agriculture, such as narrowing the parental exemption, restricting the rules of farm ownership, and prohibiting the use of certain equipment central to a farm's operation, even for young people who have received safety training through the Federal Services Extension program. The Labor Department even tried to prevent youth from working with non-toxic pesticides available at the local hardware store.

These proposed regulatory shifts fail to reflect the changes in farming that have occurred in recent years. We all want to keep young people safe from harm, especially when they work in an inherently dangerous environment. However, the administration's proposal would deny youth an opportunity to gain hands-on experience that is crucial to a farm's survival.

Throughout our history, farms have been handed down from one generation to the next through the knowledge a future farmer gained from working alongside his or her parents. Public policy should promote this great American tradition, not dismantle it.

Mr. Speaker, across the country, many farmers are struggling. While I recognize the Department has withdrawn its proposal for now, we owe it to these hardworking men and women to remove as much uncertainty as we can, especially the uncertainty caused by flawed government policies. I am proud to support the Preserving America's Family Farms Act, and I urge my colleagues to vote ``yes.''

I reserve the balance of my time.

Mr. Speaker, I yield 3 minutes to the gentleman from Iowa, the sponsor of the bill, Mr. Latham.

Mr. Speaker, I yield 1 minute to the gentleman from Wisconsin (Mr. Duffy).

Mr. Speaker, I am glad to yield 1 minute to my colleague and farmer friend from Kansas (Mr. Huelskamp).

Mr. Speaker, I yield 2 minutes, at this time, to a former rancher kid, rancher, and colleague of mine, the gentlelady from South Dakota, Kristi Noem.

Mr. Speaker, in a point of personal privilege, I would applaud my colleague and friend from Oklahoma for his comments.

The concept of ``trust, but verify'' is carried out here. We trust what has been said by the Department and the administration, but we verify with the action that we are taking today.

It gives me a privilege now to yield 2 minutes of time to a friend from Tennessee (Mr. DesJarlais), a colleague who cares about people and their safety, and especially young people, as a medical doctor.

Mr. Speaker, I yield 2 minutes of time to my friend from New York, Richard Hanna.

Mr. Speaker, I'm privileged to yield 1 minute to my friend and colleague, the gentlelady from Missouri (Mrs. Hartzler).

Mr. Speaker, point of personal privilege: a family farm and a family farm sometimes isn't the same. If it's incorporated, it would come under this proposed rule initially, and for that reason we continue to offer this great piece of legislation. And that gives me the privilege to introduce another great farmer.

I yield 1 minute to my colleague, the gentleman from Iowa (Mr. King).

Mr. Speaker, I appreciate so much that we've had this time of debate. Again, trust but verify. This is a verifying opportunity. As has been said, the proposed regulation was pulled because of political challenges. The American people generally understand common sense, and this wasn't common sense.

When we see the cost of regulations in this country right now being $10,000 per employee, we add this to the impact on the farm family, those that have incorporated in order to carry on their business and ultimately carry on farming for generations, we see additional problems. So we want to make sure that this debate carries through and ultimately we don't have to do it again, but that we preserve the right to farm, we preserve the right to carry on the farming tradition, and the opportunity to train our young people to do something that is valuable long term and full of impact.

Having said that, Mr. Speaker, I yield the remainder of my time to the sponsor of this bill, the gentleman from Iowa (Mr. Latham).

Mr. Speaker, I yield myself such time as I may consume.

Last September, the Department of Labor published a proposed rule on children employed in agriculture. I saw it as an important regulation that would protect young people working in one of the top three most hazardous industries in the Nation--agriculture. But in May, the Department withdrew the rule. I want to say this again: in May of this year, the Department withdrew the rule.

That wasn't enough, apparently, for the Republican majority. Today, they've decided to waste precious legislative time on a bill that tells the Department of Labor not to issue this regulation--again, a regulation the Department already withdrew. Today's debate gives new meaning to the idea of government waste. Not only did the Department of Labor withdraw this rule; the administration has said it will not reissue the rule.

I was disappointed that the Department chose not to pursue the rule in the first place because the rule sought to implement specific recommendations made by the National Institute for Occupational Safety and Health, OSHA, and increase parity between the agriculture and non- agriculture child labor provisions.

Agriculture is dangerous, Mr. Speaker. Children working on farms, like their adult counterparts, work with or around toxic pesticides. They carry very heavy materials, and they use dangerous equipment. The fatality rate for child farmworkers is four times higher than for children in other industries. There are an estimated 400,000 children working on farms that are not owned by family members, and those children deserve health and safety protections. That is all this rule would have required. Children under 16 should not be permitted or required to work with hazardous pesticides or dangerous equipment-- period.

But let's be clear. Nothing in the proposed rule would have applied to children working on their parents' farms in the first place. I've been a steadfast supporter of family farms throughout my 20 years in Congress. We have many family farms in California's Sixth Congressional District.

They are the important economic engine and a part of the fabric of our beautiful and diverse community.

Mr. Speaker, my intent here is simply to protect children who are in danger of being exploited and injured. The withdrawal of this rule was disappointing. Today's debate, however, is a disgrace. There are nearly 24 million Americans unemployed or underemployed. Instead of addressing the real issues that affect them, we are debating legislation that does nothing that hasn't already been done. It prevents a rule that has been already prevented by powerful special interests--and talk about a waste of taxpayer money.

With the Republican majority taking floor time with meaningless legislation like this, it's no wonder Congress has an approval rating in the low teens.

With that, I reserve the balance of my time.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield 3 minutes to the gentleman from Iowa (Mr. Boswell).

I yield an additional 30 seconds to the gentleman from Iowa.

I yield the gentleman an additional 30 seconds.

Mr. Speaker, I yield 4 minutes to the gentleman from Oklahoma (Mr. Boren).

Mr. Speaker, I just want to repeat what I said in my opening remarks. Nothing in the proposed rule would have applied to children working on their parents' family farm. The proposed rule maintains the parental exemption.

But again, to remind everybody, the Department of Labor withdrew their proposal. We are wasting time today.

I reserve the balance of my time.

I continue to reserve.

Again, Mr. Speaker, nothing in the proposed rule would have applied to children working on their parents' family farm, and I reserve the balance of my time.

I understand, Mr. Speaker, that we're ready to close, so I yield myself the balance of my time.

In closing, Mr. Speaker, once again, at a time when there are so many Americans looking for work and so many middle class families struggling to make ends meet, Congress has better things to do than take up a redundant bill. It's wasteful, it's unnecessary, and it prevents us from doing the real work that our constituents have sent us here to do. Let's answer the important challenges facing the country. Let's start creating jobs for the American people. Let's start now, and let's stop wasting time on something that has already been satisfied.

I yield back the balance of my time.

Mr. Speaker, I thank the gentlewoman for yielding me time. I appreciate this opportunity.

I rise in support of H.R. 4157, Preserving America's Family Farms, or I should say farm family traditions. Passing this legislation today will codify our successful effort to prevent the Department of Labor from undercutting the structure of our Nation's family farms.

For generations, the contributions of young people have led to family success and bright futures on household farms. However, late last year, our family farmers faced a sweeping regulation that would have prevented children and grandchildren from participating in the very important lessons and traditions that have stabilized not only our families but also our economy.

The short-sighted ruling proposed by the Department of Labor would have affected a wide variety of subsectors within agriculture, work with livestock and grain production, commodity transportation, youth agriculture education, and a number of other sectors that train and educate our youth in family-farm settings with hands-on experience.

Not only did this ruling admit in its own text that there was little or no data available to back the proposal being made, it would, as stated by Future Farmers of America--our youth--limit, if not eliminate, opportunities to effectively teach students to be safe when working in agriculture.

I'm proud that many of us join in a bipartisan effort to tell the Secretary of Labor through multiple letters that this ruling is wrong. Fortunately, the Department did rescind this ruling, as it was stated a little while ago, so that the youth in our districts could continue to learn important lessons taking place in the most successful sector of our economy.

I support H.R. 4157 because it will codify this effort. This bill will clarify the intention of Congress with respect to youth education on farms, and it will prevent the Department of Labor from implementing or enforcing this very specific proposal. In codifying our intention and passing this bill, we ensure that all farmers have access to education and retain their family's traditions, two things that are critical in our changing society.

I often think back when I returned home from the Army to the farm and realized the changes that had taken place in farm technology while I was away. The farmers we are nurturing now will acquire even more skills and adjust to faster changes than ever before. Young people today, and even some of us who aren't too young, are maintaining high- tech GPS programs, aerial mapping, and biotechnology that create greater efficiencies in farming, increase output, and reduce the cost of food at our local grocery store. These young farmers are taking their experience on the farm to study and create the software that improves farming and acquire the financial skills it takes to run a farm, and they are gaining the entrepreneurial spirit that is needed to be part of one of America's greatest economic sectors. These youth, backed by their experience on the farm, are not just farmers. They're agronomists, engineers, economists, and international liaisons.

We must ensure these young farmers have access to the education they deserve, to the traditions and lessons that so many of us hold dear and have treasured our entire lives.

However, I not only call on my colleagues to join me in supporting this legislation today, to ensure our young farmers have access to the education they need, but I also call on us to demand that the farm bill, passed with 35 ayes out of the House Agriculture Committee, be brought to the House floor for debate.

Farming in America requires a great deal of capital for major investments, access to land and credit, the ability to hire and purchase. American farmers create jobs and make investments in communities that keep jobs. The primary and perhaps only difference between a farmer and a businessman is that the farmer's revenue and profits are more subject to the whims of the climate, such as the drought that is devastating our Nation this summer.

I thank the gentlewoman from California.

So if we care about the future of our farmers and our young farmers, we must pass a 5-year farm bill, and we must do it before the August work period. So let's pass this bill today, and let's move on to the farm bill next.

Mr. Speaker, I rise today in strong support of H.R. 4157, the Preserving America's Family Farms Act.

I commend my friend from Iowa (Mr. Latham) and his entire staff for all of their hard work on ensuring that the Department of Labor's proposed rule to restrict family farm tradition be reversed.

In December, the U.S. Department of Labor proposed updated regulations on labor practices for minors in agricultural operations, including a rule that would have prevented children under the age of 16 from performing certain duties on farms. Historically, family farms have been exempted from such rules, but the new proposal could have been interpreted broadly to exclude operations that are partly owned by extended family members.

In response to the proposed rule, Congressman Latham and I introduced H.R. 4157. The bill protects the family farm tradition by directing the Secretary of Labor to recognize and understand the unique circumstances of family farm youth and multigenerational family partnerships when drafting regulations now and in the future.

In April, the administration announced that, as a result of loud opposition, they would not finalize the proposed rule. Although I am very pleased that they have decided to abandon the flawed rule and listen to thousands of voices among our rural communities, passage of H.R. 4157 will ensure that, in the future, the Department of Labor does not reissue this proposal or any other rule that would have a similar effect on our family farms.

This legislation encourages the administration to work collaboratively with rural stakeholders, such as farmers and ranchers, to understand issues that affect our communities and our way of life.

Family farms have a long history of providing invaluable work ethic and leadership experience to future farmers. Many of these young folks dedicate their entire lives to providing us with an abundant and safe marketplace, so we owe it to them to protect the foundation on which this American spirit of hard work is built.

Please join me, my friend Congressman Latham, and the over 93 bipartisan cosponsors to pass this legislation.