[Congressional Record Volume 150, Number 42 (Tuesday, March 30, 2004)]
[Senate]
[Page S3368]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH (for himself, Mr. Chambliss, Mr. Allen, Mr. Gregg, 
        Ms. Collins, Ms. Murkowski, Mr. Warner, and Mr. Thomas):
  S. 2258. A bill to revise certain requirements for H-2B employers for 
fiscal year 2004, and for other purposes; to the Committee on the 
Judiciary.
  Mr. HATCH. Mr. President, I rise today to introduce the Summer 
Operations and Services or ``SOS'' Relief and Reform Act, S. 2258.
  Across our Nation, there are businesses, many of which are small, 
which look forward to the summer time each year as an opportunity to 
conduct their seasonal operations. From Utah to Alaska to New England 
and down to the Southern States, innkeepers, swimming pool operators, 
and fishermen rely on the income generated during the summer months to 
feed their families, employ their neighbors, and contribute to their 
local economies. Individually, these businesses may not be big 
operations, but collectively, they are an integral part of the American 
economy.
  Because of the nature of our country's labor market, and perhaps 
because of the unattractiveness of seasonal versus permanent work, 
these operations have traditionally relied upon the H-2B visa program 
to bring needed workers from abroad. For those who may not understand 
the purpose for this program, let me explain it. An employer is only 
allowed to request an H-2B worker when no American worker is available 
for the same job. An employer is not allowed to pay lower wages to 
these foreign visa holders. Throughout our immigration history, the H-
2B program has remained noncontroversial.
  This year, perhaps as a sign of our economy's increasing vitality, 
the H-2B annual cap of 66,000 visas has already been reached. 
Meanwhile, small businesses across the country warn that if Congress 
does not make some sort of accommodation, they stand to suffer 
immeasurable losses. Failing to act would not only be detrimental to 
these small businessowners, many of whom simply cannot afford to lose 
an entire year's worth of profit, but would hurt the Americans whose 
jobs also depend on the stability of these businesses. The negative 
impact upon the hospitality and tourism sectors would be severe as 
well. In other words, unless we act quickly and give these seasonal 
operations the resources they need, we are facing a very bleak summer 
for many hard-working Americans and entrepreneurs.
  That said, as much as I want to do all that I can to save this summer 
of seasonal work, I also want to make sure that in our haste, we do not 
establish unsound policy and set a bad precedent for the future. Many 
immigration reformists oppose increasing numbers in any immigration 
program. I oppose simply raising the numbers indiscriminately. Instead, 
what we need is a program that is tied to the realities of our economy 
and our job market. The reform I propose in ``SOS'' will bring us 
closer to this ultimate goal.
  Specifically, S. 2258 does not raise the visa cap number. Instead, it 
exempts those who were admitted on an H-2B visa during the past 2 
fiscal years from the cap for the remainder of this year. This is a 
good reform approach for several reasons: First, the number of actual 
workers admitted will be dictated by the strength of the economy, and 
not by a random number that resulted from political compromise. Second, 
it gives preferential treatment to those who have used the program 
before, and who have complied with the law and returned to their home 
countries at the end of the season. Third and finally, it would allow 
the Secretary of Homeland Security to delegate to the Secretary of 
Labor the specific as well as inherent authority to investigate 
fraudulent immigration and employment practices. No immigration reform 
can be complete without addressing that issue. Of course, this bill 
does not represent all of the reforms that are needed, but is it a step 
in the right direction, while providing immediate relief for our 
seasonal businesses.
  I thank Chairman Chambliss of the Judiciary Committee's Immigration 
Subcommittee for his valuable input and for being our lead cosponsor on 
this bill. I also want to thank the administration for its contribution 
and expertise in reforming the H-2B visa program in an administratively 
feasible manner. Finally, I would be remiss if I did not recognize the 
contribution made by the other original cosponsors, Senators Allen, 
Gregg, Collins, Murkowski, Warner, and Thomas.
  Let me conclude by emphasizing that without our immediate attention 
to this pressing problem, local economies will face substantial losses. 
Let us work together to prioritize the health of America's seasonal 
businesses, and safeguard the livelihood of all the people who depend 
on them. I ask my colleagues for their bipartisan cooperation in the 
timely passage of this bill.
                                 ______