[Congressional Record Volume 150, Number 29 (Tuesday, March 9, 2004)]
[Senate]
[Pages S2445-S2446]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CHAMBLISS:
  S. 2185. A bill to simplify the process for admitting temporary alien 
agricultural workers under section

[[Page S2446]]

101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act, to 
increase access to such workers, and for other purposes; to the 
Committee on the Judiciary.
  Mr. CHAMBLISS. Mr. President, I introduce the Temporary Agriculture 
Work Reform Act of 2004.
  American farmers are the most efficient farmers in the world. 
Technologies have allowed farmers to produce higher quality products 
while increasing yields, and at the same time, reducing pesticide use. 
I applaud our farmers for their important role in our Nation's economy.
  One obstacle that agriculture producers continually grapple with is 
labor. For many years, migrant workers have been the main source of 
labor for agriculture. In fact, today migrant workers make up about 56 
percent of farm labor. A key issue for our American producers is having 
an efficient program to provide an agriculture workforce.
  Reforms to the H2A program are warranted and needed. The program 
should be user-friendly for both growers and workers with less 
bureaucratic hassle. The program should operate in such a way to ensure 
that American producers can have their crops harvested in a timely 
fashion and that willing workers can get access to job opportunities. 
We need a program that is easy to use and provides a stable, reliable 
workforce for America's farmers.
  My guest worker legislation reforms the cumbersome and uncompetitive 
aspects of the H2A temporary agriculture worker program--without 
providing amnesty to illegal aliens in the U.S. The bill gives farmers 
and workers a more functional program by simplifying the application 
process, providing a prevailing wage rate, and ensuring U.S. workers 
are not displaced.
  The Adverse Effect Wage Rate, known by its acronym AEWR, has 
consistently failed to provide competitive incentives for farmers to 
become users of the H2A program. Due to the current need for foreign 
workers and job protections in place for domestic workers, the AEWR is 
no longer necessary. By replacing the AEWR with a prevailing wage rate, 
legal workers will maintain a pay scale that is equal with their 
counterparts.
  The bill provides a labor attestation process to ensure that American 
workers are not displaced. This labor attestation process replaces the 
burdensome labor certification process currently in effect, which too 
often causes delays that have a detrimental effect on the seasonal 
agricultural industry. A similar labor attestation process has worked 
well for the H1B visa program, and I believe it can be used effectively 
for the H2A program. The bill also mandates stiff penalties on 
employers for misrepresentation and U.S. worker displacement. Bottom 
line, if a U.S. worker wants the job, under my bill he can have it.
  But when foreign workers are needed, the bill encourages workers to 
come to the United States through legal channels. A one-time waiver 
allows foreign workers to apply for the H2A program from their home 
country if that person is inadmissible to the U.S. due to prior 
authorized entry--this will deter the cycle of illegal entry that 
endangers our national security. My bill does not provide amnesty or a 
new way for illegal aliens to adjust to legal permanent resident status 
other than in accordance with current law.
  Finally, the bill includes a few narrow provisions, including re-
establishing language that Congress has repeatedly passed on 
appropriations bills, to protect against frivolous lawsuits. Our 
farmers should be providing for America's dinner table, not defending 
meritless lawsuits.
  There are a number of guest worker bills already introduced in the 
Senate, and in fact, my Subcommittee held the first hearing several 
weeks ago on the President's guest worker proposal. The bill I am 
introducing today is a good first step to the kind of overall reform we 
need. It meets our economic interests, protects U.S. workers, and 
respects the rule of law without a broad amnesty for illegal aliens.
  This legislation establishes a common sense and competitive H2A 
program so that these employers can continue to produce the highest 
quality food supply in the world. I look forward to working with my 
colleagues to pass a much needed reform to the H2A program this year.
                                 ______