October 2022 - 21

AG LABOR REVIEW
Silly, yes, but very serious
MICHAEL MARSH
President & CEO
National Council of
Agricultural Employers
Michael@ncaeonline.org
They call this the " silly season " in
Washington, D.C.
Silly season is the period after
Labor Day and ahead of the midterm
elections as another Congress flails
around ahead of its passage into history.
Curious proposals make their way
into introduced legislation that have
virtually no chance of ever being able
to muster enough support to gain
committee attention, let alone floor
action. However, they are advanced so
a member can go back to their state or
district to campaign and tout what they
have done on behalf of their constituents.
Of course, there is some real work
that needs to occur in the Congress as it
wraps, but that sometimes seems to be
an afterthought to the silliness.
Prior to the end of September, the
Congress will have to agree on a plan to
keep the government funded. Funding
for the programs the government has
implemented has to be approved on a
regular basis and, absent that approval,
certain aspects of the government are
forced into shutdown. Several years ago,
we witnessed one of these shutdowns,
the consequent tumble in stock markets
around the world reflecting concern
that the U.S. might default on its debt,
and even the absurdity of long lines of
government employees queueing for
distributions from food banks.
I witnessed these lines here in D.C.
close to my office near the FBI building -
a somber sight in our nation's capital.
A couple of different " cures " to a
standoff over the potential closure of
the government will be considered.
One would be for the Congress to
pass a continuing resolution (CR)
to continue to fund the government
and its programs. A CR is a type of
appropriations legislation that extends
funding at the same level as in the prior
fiscal year but terminates on a certain
date. After that date, the Congress must
pass another CR, or do its work and
pass the government appropriations
measures, as is its responsibility.
A second " cure " would be an omnibus
spending bill. An omnibus spending
bill is a type of bill that packages many
of the smaller ordinary appropriations
bills the Congress is required to pass
into one larger single bill that can be
passed with only one vote in each
chamber. However, as we have seen in
the past, these omnibus bills can be
" Christmas treed " and adorned with
various ornaments extrinsic to the
necessary appropriations. This can lead
to omnibus failure due to an inability
to garner enough votes or, it can lead to
less than desirable outcomes.
The circumstance of this silly season
has consequences for agricultural labor.
Following the passage of a CR in
this Congress, members will recess to
their states and districts to campaign
for reelection. And the election season
thankfully ends on a date statutorily
set by the federal government as " the
Tuesday next after the first Monday in
the month of November. " Alternatively,
the Congress could choose to pass an
omnibus measure ahead of the end of
September and assure the government
stays funded.
So, what this means for agricultural
labor reform is that our time is
exceedingly short to get anything done.
In March 2021, the House of
Representatives passed HR 1603, " The
Farm Workforce Modernization Act
of 2021 " (FWMA). While it is not
a perfect bill, as no legislation is, it
reflects rare bipartisan progress on a
vexing issue that must be addressed.
Since then, NCAE and our aggie
allies have been working to advance
a more employer-friendly version of
this legislation in the U.S. Senate. This
Senate effort has been championed
by Michael Bennet (D-Colo.) and
Mike Crapo (R-Idaho) reflecting the
bipartisan attention this issue requires
as well as the necessity of acquiring 60
votes to pass off the Senate floor. Their
negotiations are not yet complete.
For agricultural employers who have
been looking to this Congress to at
last provide a solution to the demand
for agricultural labor that constantly
outraces supply, options are limited.
The Congress could pass the omnibus
spending bill discussed earlier and
attempt to attach ag labor reform to
that piece of legislation. Alternatively,
after the midterm elections, and during
the " lame duck " session of the 117th
Congress, bipartisan leadership in
both chambers could join to advance
legislation on this critical issue.
It may be the silly season in D.C.,
but for agricultural employers, it's not
funny. FGN
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FGN | OCTOBER 2022 | 21
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October 2022

Table of Contents for the Digital Edition of October 2022
