[Congressional Record Volume 150, Number 41 (Monday, March 29, 2004)]
[Senate]
[Pages S3296-S3297]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

       By Mr. KENNEDY (for himself, Ms. Snowe, Mr. Leahy, Mr. Gregg, 
        Mr. Jeffords, Ms. Murkowski, Mr. Sarbanes, Ms. Collins, Mrs. 
        Murray, Mr. Stevens, Mr. Edwards, Mr. McCain, Mr. Daschle, Mr. 
        Sununu, and Mr. Enzi):
   S. 2252. A bill to increase the number of aliens who may receive 
certain non-immigrant status during fiscal year 2004 and to require 
submissions of information by the Secretary of Homeland Security; to 
the Committee on the Judiciary.
   Mr. KENNEDY. It is a privilege to join my colleagues in introducing 
the Save Summer Act of 2004 to provide an immediate stop-gap solution 
to the H-2B visa cap problem in our immigration laws. Our colleagues, 
Representatives Delahunt and Young, are introducing an identical bill 
in the House.
  The H-2B program was established by Congress in 1990 to deal with 
labor shortages in non-agricultural seasonal employment. H-2B workers 
are employed by hotels, restaurants, resorts, the fishing and timber 
industries, amusement parks, and other sectors.
   U.S. employers seeking to bring in foreign nationals on these visas 
must demonstrate that they have been unable to find enough U.S. workers 
to fill

[[Page S3297]]

the jobs. Before visa applications are approved by the Department of 
Labor, the U.S. employers must certify that the temporary workers will 
not displace U.S. workers or adversely affect their wages or working 
conditions.
   The annual statutory cap for H-2B visas is 66,000. Two weeks ago, 
the Department of Homeland Security suddenly announced that the cap for 
the current fiscal year had been reached and began rejecting new 
applications for the visas. The abrupt announcement left many summer 
employers stranded. This is the first time the Government has announced 
that the cap has been reached, and the Department of Homeland Security 
gave no one advance warning.

  The H-2B program is vital for seasonal industries that need temporary 
workers. The lack of H-2B workers may well be devastating to these 
employers, many of which are small, family-run businesses. Without 
prompt passage of this bill, many summer employers in Massachusetts and 
around the country will have no choice but to shut their doors.
  The Save the Summer Act offers a straightforward solution to this 
pressing problem. It will increase the H-2B visa cap by 40,000 for the 
current fiscal year. It requires the Department of Homeland Security to 
provide quarterly reports to Congress on the number of H-2B visas 
issued, and an annual report with a detailed analysis of the program.
  Our immigration system is broken and many other reforms are obviously 
needed. Above all, it is essential to have immigration policies that 
reflect current economic realities, respect family unity and 
fundamental fairness, and uphold our proud tradition as a Nation of 
immigrants.
  Enacting these other reforms will take time--time we don't have if we 
want to save the summer for countless seasonal employers around the 
country. This legislation will provide immediate and much-needed relief 
to employers counting on H-2B workers to keep their doors open this 
summer, and I urge my colleagues to pass it as soon as possible.
                                 ______