[Congressional Record Volume 149, Number 170 (Friday, November 21, 2003)]
[Senate]
[Pages S15419-S15420]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. JEFFORDS:
  S. 1924. A bill to provide for the coverage of milk production under 
the H-2A nonimmigrant worker program; to the Committee on the 
Judiciary.
  Mr. JEFFORDS. Mr. President, today I rise to introduce the Dairy Farm 
Workers Fairness Act.
  Family dairy farms are critically important to our agricultural 
economy and to the rural way of life in many parts of the country. 
These farms support the rural economy by supporting the local tax base 
and many local businesses. The working landscape created by our farms, 
especially a patchwork of small farms, is also the best antidote for 
the urban sprawl that is overtaking so much of the country. And, of 
course, the availability of fresh, locally produced milk is an amenity 
that we have come to take for granted. To support our rural economies, 
the working landscape and our local food supply systems we need to help 
small family dairy farms survive and thrive.
  The most difficult challenge to the family dairy farm, after the 
volatility in milk price, is finding and hiring workers. In my home 
State of Vermont, dairy farms are not only an important part of our 
economy; they are an institution that has come to define our landscape. 
Vermont's beauty lies in the green fields, the red barns and the cows 
grazing on the hillside. When a farm family sells their land, which in 
many cases may have been worked by them and their ancestors for 5 or 
more generations, the decision is often driven by the non-stop, 7 day a 
week, 365 days a year work schedule. As fewer rural residents choose to 
work in agriculture, these farmers have been forced to take on more 
themselves. The whole family can end up working without vacations, sick 
leave or having weekends off. Although dairy farming might not seem 
seasonal, the burden becomes particularly heavy during the growing 
season when planting, haying, harvesting and storage of feed must all 
occur.
  Dairy farmers are being forced to explore other options to find a 
predictable source of qualified labor. While other agricultural 
businesses in the country benefit from the temporary workers qualified 
under the H2A Work Visa Program, dairy farms do not. The job of milking 
cows on dairy farms has been judged under the current H2A program to 
not meet the definition of temporary or seasonal and is thus excluded. 
The largest labor need on dairy farms during the growing season, 
remains the need for assistance with milking. The cows must be milked 
two or three times a day by hired help so the farmer is able to take on 
the more complex and specialized work of operating large machinery to 
plant and harvest. While the work of milking is not seasonal or 
temporary, the need for additional labor to accomplish the

[[Page S15420]]

work is seasonal and temporary. I believe the exclusion of dairy 
farming under the H2A program is an unintended problem in definitions, 
and our legislation is designed to fix that glitch. We must do this out 
of fairness, so that dairy farms can benefit from the same access to 
labor that other farms have, and more importantly to help our farms 
survive.
  Recently, I heard from a farmer who owns and operates, along with his 
wife, a small dairy farm in central Vermont. The couple is nearing 
retirement age and have no children of their own. They had attempted to 
find a farm hand that could live on the farm and help with milking and 
some of the heavier chores. After placing ads in the paper and working 
with the state of Vermont's Department of Employment and Training, it 
became clear that their best option was to hire a family friend who had 
a strong desire to learn farming. Since the young man was from Honduras 
they began the visa process only to have their request for 
certification by the U.S. Department of Labor denied because their need 
was considered neither temporary nor seasonal. This farm plays such an 
important role in their rural Vermont community that I heard from 
several other constituents who asked for my assistance on this family's 
behalf. The couple continues to work their land but in doing so they 
are straining their health and pushing themselves harder than they 
should. They continue to operate their farm because they do not want to 
sell it since it is land that has been farmed for generations.
  The legislation I am introducing today would allow this family farm, 
and so many others like it, to avail themselves of a labor source that 
exists for virtually every other farm in this country. By creating a 
period based on the summer growing season, dairy farms will be able to 
bring on extra help during the busiest part of the year, providing much 
needed relief for our farm families. I urge my colleagues to join me in 
supporting dairy farms across the United States by cosponsoring this 
important legislation. I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1924

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Dairy Farm Workers Fairness 
     Act''.

     SEC. 2. COVERAGE OF MILK PRODUCTION UNDER H-2A NONIMMIGRANT 
                   WORKER PROGRAM.

       (a) In General.--For purposes of the administration of the 
     H-2A worker program in a year, work performed in the 
     production of milk for commercial use not earlier than April 
     15 or later than October 15 of that year shall qualify as 
     agriculture labor or services of a seasonal nature.
       (b) Definitions.--In this section:
       (1) H-2A nonimmigrant worker program.--The term ``H-2A 
     nonimmigrant worker program'' means the program for the 
     admission to the United States of H-2A nonimmigrant workers.
       (2) H-2A nonimmigrant workers.--The term ``H-2A worker'' 
     means a nonimmigrant alien described in section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(H)(ii)(a)).
                                 ______