[Congressional Record Volume 150, Number 92 (Wednesday, July 7, 2004)]
[Senate]
[Pages S7753-S7754]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. COLEMAN:
  S. 2616. A bill to increase the availability of H-2B nonimmigrant 
visas during fiscal year 2004 for rural border areas, and for other 
purposes; to the Committee on the Judiciary.
  Mr. COLEMAN. Mr. President, today I have introduced the Emergency 
Relief for Rural Borderlands Act.
  This act deals with a problem which is probably well known to many of 
my colleagues--the insufficient number of H2-B visas available for 
temporary seasonal employment this year.
  U.S. laws governing labor-based immigration have always maintained 
that employers must give priority to American workers. I support this 
philosophy, as I am sure the rest of my colleagues do as well.
  I also acknowledge the reality that sometimes there are jobs that, 
for a variety of reasons, cannot be filled by American workers. This is 
a fact of life. We can see it on our farms, in our restaurants, and on 
our construction sites.
  My legislation deals with one small sub-set of these foreign workers, 
temporary seasonal laborers under the H2-B visa program. H2-B guest 
workers may work in the United States for no more than 6 months, at the 
end of which they must return to their countries of origin. They fill 
critical gaps in the labor market, which in turn helps American 
companies to prosper year-round. They work at summer camps and resorts, 
for fisheries and for landscapers, and in many other non-agricultural 
pursuits.
  My legislation does not propose to fix the H2-B crisis across the 
board. Some of my colleagues have introduced legislation to this end, 
and I would not presume to improve upon their proposals. My legislation 
represents, instead, a commitment to the needs of a unique geographical 
situation--rural borderlands.
  In my State of Minnesota, and indeed across the country, rural areas 
continue to be challenged economically. It would be safe to say that 
there is a crisis in rural America today. To address the challenges 
faced by rural communities, I introduced the Rural Renaissance Act, and 
others in the Senate have also introduced legislation that is directed 
towards rural America. What the Rural Renaissance Act would do is help 
rural, small towns develop the infrastructure needed to expand 
communities and create jobs. It takes a long-term view of what is 
needed in rural America. But at the same time, there is another, 
temporary crisis for those in rural America who can't get the H2-B visa 
laborers they rely on. This kind of labor shortage is the last thing 
rural America needs.
  Rural communities located near the border have a special set of 
challenges, which go beyond even what the rest of rural America is 
dealing with. Companies who are recruiting workers naturally target the 
cities and towns closest to them. But when a company is located near an 
international border, the pool of U.S. workers in close proximity is 
smaller than for companies located more centrally.
  For example, take Warroad, MN, in Roseau County. Roseau, like many 
rural counties in Minnesota, is dealing with a number of challenges--
from out-migration of younger people leaving behind an aging 
population, to economic sluggishness, to inadequate infrastructure and 
even flooding issues. The town of Warroad, population 1,722, is located 
about 6 miles from the U.S.-Canada border. The largest company in 
Warroad is a first-class window manufacturer, Marvin Windows.
  Because of its relationship to construction, the window industry has 
a seasonal element to it. During the summer, Marvin hires hundreds of 
American college students to work at its factory in Warroad. But when 
these students go back to school, there are short-term positions which 
need to be filled through December. For the last 8 years, Marvin 
Windows has relied on Canadian workers to fill these critical 
positions. This year, because of the early date when the cap on H2-B 
visas was reached, Marvin Windows is looking at a big gap in their 
employment--which not only could hurt their revenues this year, but 
also threatens to undercut their long-term reputation as a reliable 
supplier of windows.
  I am aware that my colleague Senator Hatch has introduced legislation 
to remedy the H2-B visa shortage. I support this legislation. But as we 
have seen, there is not yet consensus on it.
  Companies like Marvin Windows cannot afford to wait much longer. 
That's why I have proposed the Emergency Relief for Rural Borderlands 
Act. This legislation is admittedly less ambitious than Senator Hatch's 
legislation, or Senator Kennedy's bill. My legislation would simply 
observe the unique circumstances facing rural areas--which are 
challenged economically already--as well as the realities of the labor 
pool for companies located near our borders. My legislation would 
relieve these rural borderlands from the visa cap for this year only. 
Moreover, my legislation would only give relief to those companies who 
can demonstrate that they have relied on the program in the past, by 
limiting eligibility to only those companies which have made use of H2-
B workers in at least 2 of the last 5 years.
  My legislation is not a permanent fix, nor is it a comprehensive fix. 
I know that there are deserving companies that are not going to be able 
to qualify under my legislation. My legislation is only applicable this 
year, and I am sure we will need to revisit this issue again next year.
  But if we in the Congress cannot reach agreement on a comprehensive 
solution for this visa shortage, perhaps the time has come to look at a 
more limited approach. Rural America has unique labor requirements, and 
borderlands have challenging recruitment conditions. If we begin by 
looking at the needs of areas that are both rural and close to the 
border, we can help the economies that stand to be hurt the most by the 
shortage in H2-B visas this year.
  I urge my colleagues to support this 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. 2616

       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 ``Emergency Relief for Rural 
     Borderlands Act''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The laws of the United States that govern labor-based 
     immigration require employers to give United States workers 
     priority for employment over foreign workers.
       (2) Many employers have found themselves unable to hire 
     United States citizens for certain positions, particularly 
     for temporary, seasonal employment.
       (3) Due to the historic availability of H-2B visas, many 
     employers have developed business models based on an 
     assumption that businesses will be able to hire temporary 
     seasonal workers who are aliens.
       (4) During fiscal year 2004, the date on which no more H-2B 
     visas could be issued because the maximum number of such 
     visas available for such fiscal year had been issued was 
     earlier than the date such maximum number had been reached 
     during any prior fiscal year.
       (5) As a result of the maximum of H-2B visas being issued 
     prior to the end of fiscal year 2004, many employers face an 
     urgent

[[Page S7754]]

     shortage of workers that threatens to seriously erode the 
     current and future revenues of the employers' businesses.
       (6) It is particularly difficult for employers located in 
     rural areas to attract workers and such employers have often 
     relied on foreign workers.
       (7) An employer located near an international border has a 
     smaller radius for recruiting United States workers than an 
     employer located more centrally, which can create 
     difficulties in finding United States workers to fill vacant 
     positions.
       (8) Large employers located in rural areas are invaluable 
     to the communities in which such employees are located, and a 
     disruption in the business of such employers is devastating 
     for such communities facing challenging economic conditions.

     SEC. 3. ADDITIONAL H-2B VISA ENTRANTS FOR FISCAL YEAR 2004.

       (a) In General.--During fiscal year 2004, an alien who is 
     issued a visa under section 101(a)(15)(H)(ii)(b) of the 
     Immigration and Nationality Act (8 U.S.C. 
     101(a)(15)(H)(ii)(b)) may not be counted toward the numerical 
     limitation set out in section 214(g)(1)(B) of such Act (8 
     U.S.C. 1184(g)(1)(B)) if such alien is providing temporary 
     service or labor in the United States--
       (1) at a work site that is located--
       (A) in a rural area; and
       (B) not more than 50 miles from an international border; 
     and
       (2) for an employer that has hired aliens who received 
     visas under such section 101(a)(15)(H)(ii)(b) during not less 
     than 2 of the fiscal years between fiscal years 1999 and 
     2003.
       (b) Expedited Visa Processing.--During fiscal year 2004, a 
     petition for a nonimmigrant visa submitted by an alien who 
     intends to provide temporary service or labor that meets the 
     requirements of paragraphs (1) and (2) of subsection (a) 
     shall be processed not more than 30 days after the date of 
     the submission of such petition.

     SEC. 4. RURAL AREA DEFINED.

       In this Act, the term ``rural area'' has the meaning given 
     that term in section 343(a) of the Consolidated Farm and 
     Rural Development Act (7 U.S.C. 1991(a)).

     SEC. 5. EFFECTIVE DATE.

       Section 3(a) of this Act shall take effect as if enacted on 
     September 30, 2003.
                                 ______