[Congressional Record Volume 152, Number 134 (Thursday, December 7, 2006)]
[Senate]
[Pages S11414-S11419]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                             Labor Shortage

  Mr. CRAIG. Mr. President, the Senator from California, Senator 
Feinstein, will be here in a few moments to join me in what we believe 
is an important message, to continue to speak not only to our 
colleagues here in the Senate but to America as a whole. It is a speech 
not unlike the one we gave before we recessed for the break before the 
election, when it was becoming increasingly obvious that America was 
finding itself in a major labor shortage, primarily in agriculture and 
some of the service industries. In fact, while I was home during this 
recess period of time, the shortage of orange juice in the U.S. market 
made national news as the price went up substantially.
  A shortage of orange juice today in the American market is because 
nearly a million cases of oranges rotted on the trees of Florida this 
fall, late summer, because there were not hands to pick them, put them 
in the crates, and move them to the processing sheds. That became 
painfully obvious across America as the harvest season went on, 
especially in those areas that require concentrated hand labor, whether 
it was Florida, California, and the great San Joaquin Valley of 
California, whether it was my State of Idaho that began to see labor 
shortages in a variety of areas, whether it was Washington or Oregon, 
where many of the fresh fruits and vegetable crops simply did not get 
picked and apples rotted on the trees, whether it was in Kentucky, 
Illinois, Colorado or Michigan, it became so obvious this Congress, in 
its effort to pass comprehensive immigration reform, simply failed to 
do so. America grew angry about it, grew angry about the number of 
illegals in our country and the fact this Congress did little or 
nothing about it.
  A great deal is going on. One of the reasons the labor shortages 
began to appear is because this Congress insisted, and the 
administration agreed, we put money behind the securing and the closing 
of our southwest border where literally a million-plus people were 
moving across annually into our labor market.
  We viewed that as untenable and irresponsible for a great nation to 
fail to control and secure its borders. We are doing that now. We are 
continuing to invest and will continue to invest in a secured border 
environment. But in doing that, and failing to couple with a more 
secure border a comprehensive immigration reform package that allows a 
real, honest, legal, fair guest worker program, American agriculture 
now hurts as they have never hurt before.
  On December 4, all of my colleagues received a letter that in itself 
was almost unprecedented, a letter from over 400 agricultural groups 
around the country--not just agricultural groups but nursery groups, 
warehouse groups, storage groups, all of them generally agriculture 
related.
  I ask unanimous consent to have that printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                 December 4, 2006.
     Hon. Larry Craig,
     U.S. Senate,
     Washington, DC.
       Dear Senator Craig: The organizations on the attached list 
     urge you to support passage of a comprehensive agricultural 
     worker program this year!
       You've read the headlines. Food grown for American tables 
     has rotted in American fields this year. The cause? In this 
     case it's not the weather. It's something the Congress can 
     address--labor. We need agricultural worker reform before the 
     end of the 109th Congress.
       The facts are clear: on many American farms, immigrant 
     labor plants, tends and picks the fruits, vegetables, and 
     other crops. Immigrant workers tend the livestock--feeding 
     the chickens, turkeys, horses, sheep, hogs and cattle and 
     milking the cows. Immigrant workers also produce, install, 
     and maintain the plants that make our homes, towns, and 
     cities livable.
       The current agricultural temporary worker program--known as 
     H2A is flawed and needs reform. There is no area of the 
     country

[[Page S11415]]

     where H2A workers make up more than 10 percent of the 
     necessary farm workforce. In most areas, it's far less than 
     that. Nationally, only two percent of farm workers are 
     provided by the unresponsive and litigation-plagued H2A 
     program. American agriculture needs a reformed H2A program 
     that is timely, effective and streamlined, and a transition 
     approach that allows for retaining the experienced workforce 
     while capacity is built on the farm and at the border to 
     support wider use of a program like reformed H2A.
       Language that seeks to address the challenges specific to 
     agriculture was included in the bill passed with a bipartisan 
     majority in the Senate. Many House members of both parties 
     have acknowledged the need to address immigration reform for 
     agriculture. Polls show the American people overwhelmingly 
     favor a common-sense approach to immigration reform including 
     sensible foreign worker programs and earned legal status 
     subject to strict conditions for workers currently in the 
     country.
       Another fact we must point out, at this late date in the 
     year, is that agriculture issues are rarely partisan issues. 
     While they are sometimes regional, in this case every area of 
     the country is affected by agricultural labor shortages and 
     support for a common-sense solution comes from every region 
     of the country as well.
       Reports in the media have told the story this harvest 
     season: not enough workers to pick the apples in New York and 
     Washington or the cherries in Oregon and Michigan or the 
     oranges in Florida. One major daily newspaper showed on its 
     front page a massive pile of pears on the ground in 
     California--rejected by the packing house because they were 
     picked too late due to labor shortage. Worker shortages have 
     been reported from coast to coast, from border to border.
       It is time for the Congress to act. After a decade of 
     debate and with worker shortages now a reality, American 
     agriculture needs your help.
       The sheer number and geographic representation of the 
     organizations on the attached list show the widespread and 
     urgent need for solving this problem. We urge you to support 
     enactment of a comprehensive agricultural worker program, 
     this year!
           Sincerely,
         Agriculture Coalition for Immigration Reform; Agri-Mark, 
           Inc.; Agri-Placement Services, Inc.; American Agri-
           Women; American Farm Bureau Federation; American 
           Farmland Trust; American Frozen Food Institute; 
           American Horse Council; American Mushroom Institute; 
           American Nursery & Landscape Association; American 
           Sheep Industry Association (ASI); The Council of 
           Northeast Farmer Cooperatives; Dairylea Cooperative 
           Inc.; Dairy Farmers of America; Farwest Equipment 
           Dealers Association; Federation of Employers and 
           Workers of America; Irrigation Association; Landscape 
           Contractors Association; National Association of State 
           Departments of Agriculture; National Christmas Tree 
           Association.
         National Council of Agricultural Employers; National 
           Council of Farmer Cooperatives; National Greenhouse 
           Manufacturers Association; National Milk Producers 
           Federation; National Potato Council; National 
           Watermelon Association; New England Apple Council; 
           NISEI Farmers League; North American Bramble Growers 
           Association; North American Horticultural Supply 
           Association; Northeast Dairy Producers Association; 
           Northeast Farm Credit Associations; Northern Plains 
           Potato Growers Association; Northwest Farm Credit 
           Services; Northwest Horticultural Council; Nursery & 
           Landscape Association Executives of North America; 
           OFA--An Association of Floriculture Professionals; 
           Pacific Northwest Christmas Tree Association; Perennial 
           Plant Association; Produce Marketing Association.
         Society of American Florists; South East Dairy Farmers 
           Association; Southern Christmas Tree Association; 
           Southern Nursery Association (AL, DE, FL, GA, KY, LA, 
           MD, MI, MO, OK, NC, SC, TN, TX, VA, WV); Turfgrass 
           Producers International; United Agribusiness League; 
           United Egg Producers; United Fresh Produce Association; 
           U.S. Apple Association; Western Growers; Western Plant 
           Health Association; Western United Dairymen; Wholesale 
           Nursery Growers of America; WineAmerica; Wine 
           Institute; Alabama Nursery & Landscape Association; 
           Alabama Watermelon Association; Arizona Nursery 
           Association; Pasquinelli Produce Co., Yuma, AZ; 
           Arkansas Green Industry Association.
         Allied Grape Growers (CA); Brand Flowers Inc, Wilja 
           Happe, Owner (CA); California-Arizona Watermelon 
           Association; California Association; of Nurseries and 
           Garden Centers; California Association of Wheat 
           Growers; California Association of Winegrape Growers; 
           California Avocado Commission; California Bean Shippers 
           Association; California Canning Peach Association; 
           California Citrus Mutual; California Cotton Ginners & 
           Growers Associations; California Dairies, Inc.; 
           California Egg Industry Association; California Farm 
           Bureau Federation; California Fig Advisory Board; 
           California Floral Council; California Grain and Feed 
           Association; California Grape and Tree Fruit League; 
           California League of Food Processors; California Pear 
           Growers Association.
         California Seed Association; California State Floral 
           Association; California Strawberry Nurserymen's 
           Association; California Warehouse Association; 
           California Women for Agriculture; Carol and Bill 
           Chandler, Chandler Farms, LP (CA); Colab Imperial 
           County (CA); Family Winemakers of California; Fresno 
           County Farm Bureau (CA); Grower-Shipper Association of 
           Central California; Imperial County Farm Bureau (CA); 
           Imperial Valley Vegetable Growers Association (CA); 
           Kern County Farm Bureau (CA); Kings County Farm Bureau 
           (CA); Lake County Farm Bureau (CA); Lassen County 
           Nursery (CA); Madera County Farm Bureau (CA); Merced 
           County Farm Bureau (CA); Monterey County Farm Bureau 
           (CA); Napa County Farm Bureau (CA).
         Olive Grower Council of California; Orange County Farm 
           Bureau (CA); Pacific Coast Producers; Pacific Egg and 
           Poultry Association (CA); Raisin Bargaining Association 
           (CA); San Diego County Farm Bureau (CA); San Diego 
           County Flower & Plant Association; San Joaquin County 
           Farm Bureau (CA); Santa Barbara County Farm Bureau 
           (CA); Santa Clara County Farm Bureau (CA); Stanislaus 
           County Farm Bureau (CA); Sun Maid Growers of 
           California; Tulare County Farm Bureau (CA); Ventura 
           County Agricultural Association (CA); Yolo County Farm 
           Bureau (CA); Duane Abe, Tree Fruit, Citrus, Vegetable 
           Grower (CA); Mitch Bagdasarian, Grape and Tree Fruit 
           Grower (CA); Anthony Balakian, Fruit Patch, Inc. (CA); 
           Stephen J. Barnard, Mission Produce, Inc. (CA); 
           Charanjit Batth, Raisin & Almond Grower (CA).
         Doug Benik, Grape Grower (CA); Bobby Bianco, Anthony 
           Vineyards, Inc. (CA); Pete Binz, Raisin Grower (CA); 
           Stephen Biswell, Mt. Campbell Development (CA); Bill 
           Boos, Grape, Tree Fruit and Citrus Grower (CA); 
           Nicholas Bozick, R. Bagdasarian, Inc. (CA); Wayne 
           Brandt, Brandt Farms, Inc. (CA); Rod Burkett, Olive 
           Grower (CA); Tony Campos, Diversified Grower (CA); 
           Anton Caratan, Anton Caratan & Sons (CA); Chris 
           Caratan, M. Caratan, Inc. (CA); Blake Carlson, Tree 
           Fruit and Grape Grower (CA); Kirk Cerniglia, Royal 
           Madera Vineyards (CA); Bill Chandler, Grape & Almond 
           Grower (CA); Micheal Conroy, Conroy Farms, Inc. (CA); 
           Allan Corrin, Corrin Farming (CA); Stanley Cosart, W.F. 
           Cosart Packing Co. (CA); Verne Crookshanks, Venida 
           Packing, Inc. (CA); Anthony Cubre, Sr., Grape Grower 
           (CA); Frank Dalena, Poultry and Vegetable Grower (CA).
         Jerry Dibuduo, Ballantine Produce Co., Inc. (CA); Maurice 
           Dibuduo, Grape Grower (CA); Nat Dibuduo, Jr., Allied 
           Grape Growers (CA); John Diepersloot, Tree Fruit Grower 
           (CA); Tony Domingos, Grape Grower (CA); Edge Dostal, 
           Chiquita Fresh North America (CA); Dan Dreyer, Olive 
           Grower (CA); Russel Efird, Diversified Grower (CA); 
           Richard Elliot, David J. Elliot & Sons (CA); Ken Enns, 
           Enns Packing Co., Inc. (CA); Dan Errotabere, 
           Diversified Grower (CA); Tony Fazio, Tri-Boro Fruit 
           Co., Inc. (CA); Steve Ficklin, Grape Grower (CA); Ron 
           Frauenheim, Frauenheim Farms (CA); George Fujihara, 
           Raisin Grower (CA); Fred Garza, Farm Labor Contractor 
           (CA); Micky George, George Bros., Inc. (CA); Dan 
           Gerawan, Gerawan Farming, Inc. (CA); Randy Giumarra, 
           Guimarra Vineyards Corporation (CA); Jim Hamilton, Nut 
           Grower and Processor (CA).
         John Harris, Feed Lot, Diversified Farming (CA); Mak 
           Hase, Tree Fruit Grower (CA); Steve Hash, Steve Hash 
           Farms (CA); Doug Hemly, Greene and Hemly, Inc. (CA); 
           Phil Herbig, Enns Packing Co., Inc. (CA); Leland 
           Herman, Raisin Grower (CA); Phil Herman, Grape Grower 
           (CA); David Hoff, Raisin Grower (CA); Allen Huebert, 
           Grape and Tree Fruit Grower (CA); Tim Huebert, Tree 
           Fruit Grower (CA); Robert Ikemiya, Ito Packing Company, 
           Inc. (CA); Daniel Jackson, Tree Fruit Grower and Packer 
           (CA); David Jackson, David Jackson Farms (CA); George 
           Jackson, Tree Fruit Grower (CA); Mike Jensen, Grape, 
           Tree Fruit Grower and Packer (CA); David Johnson, 
           Citrus Grower (CA); Steve Johnson, Johnson Orchards, 
           Inc. (CA); Brian Jones, Sun Valley Packing (CA); Herb 
           Kaprielian, KCC Holding LLC (CA); Alan Kasparian, Grape 
           Grower (CA).
         Aubrey Cairns, Kaweah Lemon Company (CA); Pat Kurihara, 
           Citrus, Tree Fruit and Grape Grower (CA); Paul 
           Lanfranco, Grape & Tree Fruit Grower (CA); Ben Letizia, 
           Grape and Tree Fruit Grower (CA); Jim Lloyd-Butler, 
           James Lloyd-Butler Family Partnership (CA); Jerry 
           Logoluso, Grape Grower (CA); Dave Loquaci, Grape Grower 
           (CA); Ronald Lund, Raisin Grower (CA); Fred Machado, 
           Dairy Farmer (CA); David Marguleas, Sun World

[[Page S11416]]

           International, LLC (CA); Harold McClarty, Tree Fruit 
           Grower and Packer (CA); Mark Melkonian, Tree Fruit and 
           Dehydrator (CA); Richard Milton, Tree Fruit Grower 
           (CA); Keith Nilmeier, Tree Fruit Grower (CA); James 
           Oliver, Grape and Tree Fruit Grower (CA); Louis Pandol, 
           Pandol Bros., Inc. (CA); Dennis Parnagian, Fowler 
           Packing Company, Inc. (CA); Justin Parnagian, Fowler 
           Packing Company, Inc. (CA); Ron Peters, Tree Fruit 
           Grower (CA); Scott Peters, Tree Fruit, Citrus and Grape 
           Grower (CA).
         Jerald Rebensdorf, Fresno Cooperative Raisin, Inc. (CA); 
           Bob Reimer, Tree Fruit and Grape Grower (CA); Pat 
           Ricchwti, Jr., Almond, Tree Fruit & Grape Grower and 
           Packer (CA); Cliff Rolland, Abe-el Produce (CA); Cliff 
           Sadoian, Sadoian Bros., Inc. (CA); Bobby Sano, Grape, 
           Tree Fruit and Nut Grower (CA); Sark Sarabian, Sarabian 
           Farms (CA); Tom Sasselli, Grape Grower (CA); Tom 
           Schultz, Chase National Kiwi Farms (CA); Mike Scott, 
           Raisin Grower (CA); Andrew J. Scully, Philip E. Scully, 
           Toni M. Scully, Pear & Packing (CA); Don Serimian, Tree 
           Fruit & Grape Grower and Packer (CA); Jim Simonian, 
           Simonian Fruit Company (CA); Dave Smith, Olive Grower 
           (CA); Brent Smittcamp, Wawona Packing Co., LLC. (CA); 
           Kent Stephens, Marko Zaninovich, Inc. (CA); Ty Tavlan, 
           Tree Fruit Grower and Packer (CA); Dean Thonesen, 
           Sunwest Fruit Company, Inc. (CA); Bill Tos, Tree Fruit 
           Grower & Walnut and Packer (CA); Stan Tufts, Tufts 
           Ranch LLC (CA).
         Steve Volpe, Table Grape Grower and Packer (CA); Eric 
           Ward, Tree Fruit and Nut Grower (CA); Chiles Wilson, 
           All State Packers, Inc. (CA); John D. Zaninovich, Zan 
           Farms, Inc. (CA); Jon P. Zaninovich, Jasmine Vineyards, 
           Inc. (CA); Marko S. Zaninovich, Marko Zaninovich, Inc. 
           (CA); Ryan Zaninovich, V. B. Zaninovich & Sons, Inc. 
           (CA); Associated Landscape Contractors of Colorado; 
           Colorado Nursery & Greenhouse Association; Colorado 
           Potato Administrative Committee; Colorado Sugar Beet 
           Growers Association; Colorado Wine Industry Development 
           Board; Bishops Orchards (CT); H. F. Brown Inc. (CT); 
           Connecticut Nursery & Landscape Association; A. Duda & 
           Sons (FL); Florida Citrus Mutual; Florida Citrus 
           Packers; Florida Farm Bureau Federation; Florida Fruit 
           & Vegetable Association.
         Florida Grape Growers Association; Florida Nursery, 
           Growers & Landscape Association; Florida Watermelon 
           Association; Gulf Citrus Growers Association (FL); 
           Tampa Bay Wholesale Growers (FL); Georgia Green 
           Industry Association; Georgia Milk Producers; Georgia 
           Watermelon Association; Winegrowers Association of 
           Georgia; Environmental Care Association of Idaho; Idaho 
           Apple Commission; Idaho Cherry Commission; Idaho Grower 
           Shippers Association; Idaho Nursery & Landscape 
           Association; Idaho-Oregon Fruit and Vegetable 
           Association; Potato Growers of Idaho; Illinois Grape 
           Growers and Vintners Association; Illinois Landscape 
           Contractors Association; Illinois Nurserymen's 
           Association; Illinois Specialty Growers Association.
         Indiana-Illinois Watermelon Association; Indiana Nursery 
           and Landscape Association; Iowa Nursery & Landscape 
           Association; Farm Credit of Maine; Maine Potato Board; 
           Maryland Nursery and Landscape Association; Maryland-
           Delaware Watermelon Association; Massachusetts Nursery 
           and Landscape Association, Inc.; Michigan Apple 
           Committee; Michigan Christmas Tree Association; 
           Michigan Farm Bureau Federation; Michigan Green 
           Industry Association; Michigan Horticultural Society; 
           Michigan Nursery and Landscape Association; Michigan 
           Vegetable Council; WineMichigan; Minnesota Nursery & 
           Landscape Association; Mississippi Nursery and 
           Landscape Association; Missouri-Arkansas Watermelon 
           Association; Montana Nursery & Landscape Association.
         Nebraska Nursery & Landscape Association; New Hampshire 
           Farm Bureau; New Jersey Nursery & Landscape 
           Association; Overdevest Nurseries (NJ); Agricultural 
           Affiliates (NY); Cayuga Marketing (NY); Farm Credit of 
           Western New York; First Pioneer Farm Credit (NY); New 
           York Agriculture Affiliates; New York Apple 
           Association; New York Farm Bureau; New York 
           Horticulture Society; New York State Nursery & 
           Landscape Association; New York State Vegetable Growers 
           Association; PRO-FAC Cooperative, Inc. (NY); Torrey 
           Farms Inc., NY; Upstate Farms Cooperative Inc. (NY); 
           Yankee Farm Credit (NY); Addis Cates Company (NC); 
           North Carolina Christmas Tree Association.
         North Carolina Commercial Flower Growers' Association; 
           North Carolina Greenhouse Vegetable Growers 
           Association; North Carolina Farm Bureau; North Carolina 
           Green Industry Council; North Carolina Muscadine Grape 
           Association; North Carolina Nursery & Landscape 
           Association; North Carolina Potato Association; North 
           Carolina Strawberry Association; North Carolina 
           Vegetable Growers Association; North Carolina 
           Watermelon Association; North Carolina Wine & Grape 
           Council; North Dakota Nursery and Greenhouse 
           Association; Ohio Farm Bureau Federation; Ohio Nursery 
           and Landscape Association; Oklahoma Greenhouse Growers 
           Association; Oklahoma Nursery & Landscape Association; 
           Hood River Grower-Shipper Association (OR); Oregon 
           Association of Nurseries; Oregon Wine Board; Wasco 
           County Fruit & Produce League (OR).
         Hollabaugh Bros., Inc. (PA); Pennsylvania Landscape & 
           Nursery Association; State Horticultural Association of 
           Pennsylvania; Rhode Island Nursery & Landscape 
           Association; South Carolina Greenhouse Growers 
           Association; South Carolina Nursery & Landscape 
           Association; South Carolina Watermelon Association; 
           South Dakota Nursery and Landscape Association; 
           Tennessee Nursery & Landscape Association, Inc.; Lone 
           Star Milk Producers (TX); Plains Cotton Growers, Inc. 
           (TX); Select Milk Producers (TX); South Texas Cotton 
           and Grain Association; Texas Agricultural Cooperative 
           Council; Texas Agri-Women; Texas Association of 
           Dairymen; Texas Cattle Feeders Association; Texas 
           Citrus Mutual; Texas Cotton Ginners Association; Texas 
           Grain Sorghum Producers Assocation.
         Texas Nursery & Landscape Association; Texas Poultry 
           Federation and Affiliates; Texas Produce Association; 
           Texas Produce Export Association; Texas-Oklahoma 
           Watermelon Association; Texas Turfgrass Producers 
           Association; Texas Vegetable Association; Western 
           Peanut Growers (TX); Winter Garden Produce (TX); Utah 
           Nursery & Landscape Association; St. Albans Cooperative 
           Creamery (VT); Vermont Association of Professional 
           Horticulturists (VAPH); Virginia Apple Growers 
           Association; Virginia Nursery & Landscape Association; 
           Virginia Green Industry Council; Virginia Christmas 
           Tree Growers Association; Northern Virginia Nursery & 
           Landscape Association; Southwest Virginia Nursery & 
           Landscape Association; Independent Food Processors 
           Company (WA); Mt. Adams Orchards Corporation (WA).
         Underwood Fruit & Warehouse Company (WA); Washington 
           Association of Wine Grape Growers; Washington Bulb Co.; 
           Washington Growers Clearinghouse; Washington Growers 
           League; Washington State Farm Bureau; Washington State 
           Nursery & Landscape Association; Washington State 
           Potato Commission; Washington Wine Commission; 
           Commercial Flower Growers of Wisconsin; Gardens 
           Beautiful Garden Centers; Hartung Brothers Inc. (WI); 
           Lawns of Wisconsin Network; Wisconsin Christmas Tree 
           Growers Association; Wisconsin Landscape Contractors 
           Association; Wisconsin Nursery Association; Wisconsin 
           Sod Producers Association.

  Mr. CRAIG. What did they say? They said it very clearly: a failure to 
reform the H-2A program has put American agriculture in an untenable 
position. As we bring in the numbers this winter to do the harvest this 
summer and fall, it is reasonable to predict the loss that the American 
consumers are now hearing about in bits and pieces through the national 
news could well be equivalent to $4 billion to $5 billion of actual 
value lost at the farm gate--meaning the produce did not leave the 
farm, it did not make it to the processor, it will never make it to the 
consumer's shelf, and American consumers will grow increasingly 
dependent upon foreign sources for their food supply. For a great 
nation like ours, that is not only dangerous, it is foolish and 
irresponsible.
  As we put American agriculture through this difficult time by our 
failure to enact comprehensive immigration reform, something else is 
going on out there on the farm. Diesel costs, fertilizer costs, 
equipment costs are at an all-time high. Of course, we know the general 
energy costs have increased at an unprecedented rate this year. Not 
only do we have the impact of high input costs in the production of 
American agriculture and agricultural foodstuffs, now there is nobody 
to pick the crop.
  I was in the upper San Joaquin Valley late summer meeting with a 
group of agricultural people. One farmer said it as clearly as it could 
ever be said. He said: Senator Craig, if you can't bring the workers to 
me or if you can't make the workers available in the valley, I will 
have to go where the workers are.
  What did he mean by that? He meant he was leasing land in Argentina 
or Mexico or Brazil where the labor force is today.
  What will happen to the land in the great San Joaquin Valley? It will 
go

[[Page S11417]]

fallow, or it will be put in homes. It will no longer be profitable to 
produce in that greatest agricultural valley in the world which 
produces the vegetable crops and all of the other kinds of crops the 
American consumer so readily needs, knows, and wants.
  Last year, for the first time, by a near majority of months, America 
was consuming more from foreign import than they were consuming from 
their own production. That is something that should never happen in the 
greatest agricultural Nation in the world.
  I think Americans get it. There was a very loud group who distorted 
the whole debate. But they also taught us something important, that 
Government had fumbled and Congress had failed in its responsible 
approach to a comprehensive, enforceable, immigration law. We ignored 
it for decades. In ignoring it, great problems had occurred. Not only 
did we have an unprecedented number of undocumented illegal foreign 
nationals in our country, but we had allowed industries such as 
agriculture to grow increasingly dependent on an illegal workforce.
  Agriculture came to me in the late 1990s and said: Senator Craig, 
this problem has to get fixed.
  We began to work on it then. Last year, the Senate passed a 
comprehensive bill with AgJOBS, the bill I had worked on with American 
agriculture and the coalition of over 400 agricultural groups. That was 
in the bill. But when the House failed to act and would not act, when 
we recognized that we had to gain confidence with the American people 
that we knew what we were doing and we would do it right, we 
increasingly began to put pressure on the border, to secure it, to make 
it a real border, to recognize that to cross it you had to be legal, 
you had to have the right papers and credentials. That is going on as 
we speak.
  I was one who encouraged our President to maximize the use of our 
National Guard to help the Border Patrol to focus on those concentrated 
areas where greater movement of illegals coming across our border was 
occuring.
  It is an issue of security; it is not just people wanting to cross 
the border to work. Last year, over 200,000 were apprehended who were 
non-Mexican. They were from all over the world. Many of them, 
tragically enough, were drug traffickers and illegals trying to get 
into our country for illegal purposes--not just a hard day's work in 
the hot sun of an agricultural field. Border security is critical.
  I hope this Congress will do now what it must do, what it has to do 
for the American economy, for the American agricultural industries, and 
that is pass a responsible, comprehensive reform of the H-2A program.
  Yes, we need to deal with the illegals who are currently in the 
country, but we also need to create a legal, identifiable flow of 
people who come to work and then go home. Ninety-plus percent who work 
here want to do just that: they want to go back from where they came. 
That is where their families are in large part. That is where the 
American dollar improves their lifestyle, back in their hometowns, 
predominantly in Mexico but in other parts of the world as well.
  If we fail to pass comprehensive reform this year, American 
agriculture will go through another devastating year in the field, and 
real management choices will be made, management choices no longer to 
plant and grow in the United States, no longer to put fresh vegetable 
crops in the field in December to be harvested in February to supply 
our great and abundant markets and the needs of our consumers.

  This is a very real issue today and a very real problem. That is why 
on December 4 this coalition sent to this Congress an urgent message, a 
plea. It said: Please listen to us. Support and pass comprehensive 
agricultural worker reform. Give us an H-2A program that works. That is 
what we must accomplish because even in all of our debates this is not 
going to happen overnight. We won't get to this for several months, and 
when we do, it will take time working with the House. Then it will 
pass. Then it has to be implemented.
  So American agriculture will go through another very tough cropping 
season and billions of dollars will be lost. Wise business men and 
women will have to make decisions of whether they continue to farm in 
this country and produce in this country or if they go elsewhere to 
produce, and instead of being domestic producers, they become foreign 
importers. That is something that should never be allowed to happen.
  My colleague from California has joined me. Senator Feinstein and I 
and others have worked closely to craft the right kind of bill that 
works, that is legal, that is transparent, that recognizes the 
importance of border security and border control to get this great 
country back into the business of doing what it ought to do; that is, 
to allow into our country those we want and to keep out those we don't 
want.
  We are a nation of immigrants. We are proud of that. Most all of us 
came from somewhere else some time ago. It is because of this we are a 
great nation. It is because of the ability to assimilate, to bring into 
our culture foreign nationals to become Americans that has made our 
country great.
  In the last two decades, we failed to do that in a responsible 
fashion. Now, because of that, American agriculture hurts, other 
industries hurt. It is important we grow increasingly sensitive to 
getting this job done and getting it right. The job itself is passing 
AgJOBS, the comprehensive responsible bill to help American agriculture 
create a legal workforce.
  Under the unanimous consent the Senator from California, Mrs. 
Feinstein, has the next 15 or 16 minutes.
  Mrs. FEINSTEIN. That is correct.
  May I proceed, Mr. President?
  The PRESIDING OFFICER (Mr. Graham). The Senator from California is 
recognized.
  Mrs. FEINSTEIN. Mr. President, I thank the Senator from Idaho. I also 
indicate how much I agree with the Senator.
  Before I proceed, I note that Senator Murray is in the Senate. I ask 
unanimous consent she be given 10 minutes directly following my 
remarks.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. FEINSTEIN. Mr. President, Senator Craig rightly stated that 
management choices are being made right now. That, in fact, is true. We 
are seeing billions of dollars of an agricultural industry effectively 
being destroyed. Some of it is competition from abroad, but much of it 
is the fact that growers and farmers have a 20-percent--it is 
estimated--labor shortage to plant, to harvest, to prune. There is 
tremendous uncertainty, I can tell you for a fact, in the largest State 
in the Union, and the largest agricultural State. Farmers do not 
believe they can get workers to harvest their crops, ergo they are not 
planting these crops.
  Senator Craig and I came to the Senate before. We have written a 
joint letter to the leader. We have asked, please, because 
comprehensive immigration reform tends to be stalled, at least pass 
AgJOBS. An industry depends on it.
  We have worked out AgJOBS. It has passed the Senate as part of the 
immigration bill. Just take out the part that is AgJOBS and pass it. It 
is a 5-year pilot. It involves the ability of the agricultural industry 
of our country to get labor, both through H-2A reform, which is 
contained, and through a 5-year pilot to try to secure a workforce for 
agriculture.
  While I was in California, I had the opportunity to meet with growers 
and farmers. The cry for labor reform has only grown louder. What I 
will do is talk a little bit about the micro impact and then the macro 
impact.
  California olive farmers delivered only about 50,000 tons of olives 
this year. That is down from 142,000 tons last year. So only one-third 
of the crop could be harvested this year because of a lack of labor. 
Farmers knew their crops were going to be light because of weather 
troubles. But even with the smaller crop to harvest, farmers had 
trouble hiring enough workers to work in their groves.
  In Stanislaus County, a farmer by the name of Kevin Chiesa he is a 
grower and is the president of the Stanislaus Farm Bureau--reported 
that they simply pulled their fig and peach trees out of the ground 
because they did not have enough workers to harvest the ripe fruit. Mr. 
President, 350 acres were pulled on his farm, leading to a net dollar 
loss of $200,000 and a gross loss of $750,000.
  Now, that may not seem like much to some, but it sure is a lot to a 
farmer

[[Page S11418]]

who depends on this money to pay his bank loans and to support his 
family and pay his mortgage.
  In San Bernardino County, Richard Miller of Murai Farms saw his small 
farm of 130 acres struggle because of a lack of labor. He reported they 
experienced substantial loss in their strawberry crop, resulting in a 
half a million dollars in losses already this year. Mr. Miller has been 
farming since 1962, but the difficulties he has experienced have 
recently caused him to think about giving up his farm and leaving the 
profession for good.
  Over and over again, I have heard that growers need an immediate fix. 
They do not know what to plant in the upcoming spring season because 
they do not know whether they will have the workers necessary to 
harvest the crops.
  I will say that my friend and colleague, Senator Boxer, and I are in 
sync on this issue. She also has talked to growers and farmers. She 
also knows the problem. She also has been a strong supporter of the 
AgJOBS program. So in making my remarks today, I want to be certain 
that this body knows I am also speaking for my friend and colleague, 
Senator Boxer.
  I have brought to the floor today a graphic illustration of one of 
our pear growers. Her name is Toni Scully. I have met Toni Scully. I 
met with her in California and she told me about the problems her 
family had experienced. Shown in this picture is Toni Scully in her 
pear orchard. Her family lost 25 percent of their bumper crop this year 
because they did not have sufficient labor to harvest the pears. As 
shown in the picture, here are the pears all over the ground. They are 
all going to be either plowed under or thrown in the garbage. Here is a 
woman who will have lost essentially everything this year.
  Now, other growers tell me they are afraid for the future. They are 
afraid to plant crops that will later be left to rot in the fields. So 
some growers are experimenting with moving their farms to Mexico. Last 
week, the New York Times ran an article that pointed out how much 
imported produce is now rising above exported produce. And one of the 
big problems is the produce produced at home is not assured; therefore, 
more produce is coming in from outside.
  This is so shortsighted because we are throwing American families 
into jeopardy. Farming families cannot support themselves if they 
cannot produce their crops.
  The Grape and Tree League of California--now, this is a big trade 
organization representing what is a huge grape and fruit tree crop 
group--they estimate that my State alone--Senator Boxer's and my 
State--has suffered approximately $75 million in tree fruit and grape 
loss alone. That is a loss of $75 million.
  The American Farm Bureau Federation estimates that if this labor 
shortage continues, California agricultural production loss could be as 
high as $3 billion each year in the short term and as high as $4.1 
billion in the long term. This is decimating. California agricultural 
income loss is projected to reach $2.8 billion each year in the long 
term.
  The problem is not just in California. Dairy farmers in Vermont, 
citrus growers in Florida, others throughout the country, have 
complained about the labor shortage and the uncertainty it creates for 
the future.
  The Farm Credit Associations of New York estimate that if the labor 
shortage continues there, New York State will lose $195 million in 
value of agricultural production and over 200,000 acres in production 
over the next 24 months.
  The American Farm Bureau Federation estimates that if agriculture 
loses its migrant labor force, the national production loss in fruits 
and vegetables will be between $5 billion and $9 billion a year. This 
is not my estimate. This is the American Farm Bureau's estimate. They 
also say that over the long term, the annual production loss would 
increase to $6.5 billion to $12 billion each year.
  These losses are not just limited to growers. The impact is felt 
throughout the economy. For every job lost on family farms and ranches, 
the country loses three to four jobs in related sectors equipment, 
inputs, packaging, processing, transportation, marketing, lending, 
insurance--they are all supported by having agricultural production 
here in this country.
  Low-producing farms mean a lowered local tax base as farms no longer 
generate income and create jobs.
  Ultimately, the current farm labor situation is making Americans more 
dependent on foreign food. Instead of stocking produce grown and 
harvested in our country, America's grocers are increasingly filling 
their shelves with foreign-grown produce.

  For decades, the fiercely independent fruit and vegetable growers of 
California, Florida, and other States, traditionally have shunned 
Federal subsidies. Now, they are now buckling under the pressure and 
asking us for Federal subsidies.
  In just one example, because of labor shortages, U.S. avocado farmers 
may miss the January market window and lose out to Mexican avocado 
farmers who will be allowed to import into California in 2007. This 
will wipe out our local avocado crop. The fact that they cannot get the 
labor they need to harvest the fruits and vegetables only weakens our 
whole American agricultural industry.
  Now, the reason for the shortage is simple. There is no readily 
available pool of excess labor to replace the 500,000 foreign migrant 
workers we have depended on for years. The work is hard. It is stooped. 
It is manual. The hours are long. To make a living, the laborer must 
travel around the region, from site to site, working for more than one 
employer, to coincide with the crop harvesting calendar. The problem 
is, we do not have enough American workers who are willing to do this 
job.
  This week, Senator Craig and I received a letter signed by over 375 
agricultural organizations and industry leaders from all over the 
country urging agricultural reform this year. As they point out, this 
is not a partisan issue. Every area of the country is affected.
  In November, I received a letter signed by 147 growers' organizations 
and individual farmers. They point out in their letter that they cannot 
wait another year, that our State's pear growers had an exceptional 
crop, the best-looking crop in over 40 years, yet they suffered major 
losses. They point out:

       While the pear losses were the most dramatic among the 
     commodities, other producers suffered as well from delayed 
     harvests, degraded quality and deferred cultural practices.

  These crises are a big deal. Farm worker crews in my State during 
harvest were 60 percent of normal--60 percent of normal. What they say 
is:

       Pending regulatory changes issued by the Department of 
     Homeland Security propose to turn Social Security 
     Administration's mismatch letters into immigration compliance 
     documents. The proposal would allow DHS to prosecute and 
     penalize employers across this country who do not terminate 
     employees who cannot verify their status.

  So, Mr. President, you see the problem. The farmers are going to be 
prosecuted if they hire someone who is not legal to harvest their 
crops. And they cannot find legal people to harvest their crops. That 
is the dilemma.
  Further quoting the letter:

       Even though today's employers follow current SSA 
     requirements regarding mismatch letters, they would be in 
     violation of the Department of Homeland Security proposal. If 
     finalized, the DHS proposal will aggravate the current labor 
     shortage problem in agriculture.

  Bottom line, we cannot continue the way we are going. That is why 
Senator Craig and I have come to the floor. He has worked on this bill 
for 7 years. I finally got involved and we made some agreed-upon 
changes. I was able to introduce it in the Judiciary Committee as part 
of the immigration bill with these changes. We were able to address H-
2A reform--and I will go into that in a minute--and it passed the 
Senate. And, as I say, we believe we have in fact 60 votes in this 
House.
  The letter I spoke about and quoted from is signed by the Allied 
Grape Growers; California Association of Nurseries & Garden Centers; 
California Association of Wheat Growers; California Association of 
Winegrape Growers; California Bean Shippers Association; California 
Citrus Mutual; California Cotton Ginners & Growers Associations; 
California Egg Industry Association; California Farm Bureau Federation; 
California Fig Advisory Board; California Floral Council; California 
Grape and Tree Fruit; California Grain

[[Page S11419]]

and Feed Association; California League of Food Processors; California 
Pear Growers Association; California Seed Association; California State 
Floral Association; California Warehouse Association; Far West 
Equipment Dealers Association; almost every county farm bureau; Nisei 
Farmers League; Olive Grower Council of California; and on and on and 
on, with different farms, grape growers, olive growers, cotton ginners, 
poultry farmers--pages and pages of people pleading with us to do 
something. And we do nothing.
  We will not repass a bill that has been passed by this Senate once, 
and we are in the middle of a major crisis. So I am kind of at my wit's 
end.
  Let me tell you a little bit about the AgJOBS bill. It is a 5-year 
pilot. It would provide a one-time opportunity for trained and 
experienced agricultural workers to earn the right to apply for legal 
status. It would reform the H-2A visa process so that if new workers 
are needed, farmers and growers have a legal path to bring workers to 
harvest their crop. Workers can apply for a blue card if they can 
demonstrate with records that they have worked in American agriculture 
for at least 150 days within the previous 2 years.
  I can see my time is running out. May I have a couple minutes more to 
sum up?
  Mr. CRAIG. Mr. President, I ask unanimous consent that the Senator 
from California be allowed to proceed for at least 5 more minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. FEINSTEIN. Thank you very much.
  The blue card would require that they work in American agriculture 
for an additional 150 workdays per year for 3 years, or 100 workdays 
per year for 5 years. At the end of that time, they would be able to 
obtain a green card. Over the 5 years, it would apply to 1.5 million 
individuals, which would provide a stable, ongoing workforce for the 
United States. Workers would be required to pay a fine of $500, show 
that they are current on their taxes, that they have not been convicted 
of a crime that involves bodily injury or harm to property in excess of 
$500. Employment would be verified. The program would be capped and 
sunset.
  The Department of Homeland Security would ensure that the ID cards 
are encrypted, that they have biometric identifiers, that they contain 
anticounterfeiting protections. So you would be able to identify 1.5 
million people who are currently illegal. You would know who they are. 
You would know they are now legal. You would know they were working in 
agriculture, which desperately needs them.
  We would also streamline the current agricultural guest worker 
program, the H-2A program, which is now unwieldy and ineffective. The 
bill would shorten the labor certification process, which now takes 60 
days or more, reducing the approval process to 48 to 72 hours.
  There are a number of specifics. It freezes the adverse wage rate for 
3 years, to be gradually replaced with a prevailing wage standard. The 
H-2A visas would be secure and counterfeit resistant. In this way, 
agricultural labor would have a permanent workforce and you would have 
a secure guest worker program, H-2A, where necessary, to go in to areas 
for short periods of time. It is a win/win situation. It has passed 
this Senate.
  The losses are in the hundreds of millions of dollars across the 
Nation, and we do nothing. We stiff the American agricultural industry. 
I have a hard time understanding that. I know the votes are here to do 
it. We could probably do it. Through the Chair, I ask Senator Craig, 
does he not believe we could pass this bill with maybe an hour on the 
floor of the Senate.
  Mr. CRAIG. I thank the Senator for asking the question. This is not 
an unknown issue. We all understand it. The Congress understands it. 
The election is over. People can decide whether they survived or failed 
because of their position one way or another on immigration. The 
reality of what she and I talk about is so real today. We knew it then; 
we know it now. We have the 60 votes. We have had them for some time. 
There is no question in my mind, with the reforms we are talking about, 
this could become law and we could pass it in the Senate.
  Mrs. FEINSTEIN. If I may, the letter we wrote to Leader Frist asking 
that it be calendared, has the Senator received a response? Because I 
have not.
  Mr. CRAIG. I have not either. Obviously, we are in the closing hours 
of the 109th Congress. Whether we could get it done now, but more 
importantly, get it done when we get back very early in the year, is 
going to be critical to us.
  Mrs. FEINSTEIN. That is the point. We did not just write this letter. 
Perhaps the frustration is showing today. It would be my hope we could 
get this calendared sometime in January and get it passed so that the 
spring plant can happen all throughout this Nation. Otherwise, I can 
only tell you, in my State, farmers who can are going to go to Mexico. 
Farmers who can are going to plant in Mexico. Is this what we want to 
have happen? I don't think so.
  I thank Senator Craig for his longstanding work on this issue and for 
his leadership. When one comes to the floor of the Senate, sometimes 
one thinks nobody is listening. I hope somebody is listening. I hope 
people recognize that we have a huge industry out there. It needs 
attention. It needs a workforce. Americans will not do this work. 
Therefore, it is a migrant workforce that does the work. There is a 
methodology to legalize it, to limit it, to sunset it, and to fix what 
has been a broken H-2A program and in a bill that has already passed 
the Senate once already during the 109th Congress.
  I thank the Chair and my colleague from Idaho.
  The PRESIDING OFFICER. The Senator from Washington.
  Mrs. MURRAY. I ask unanimous consent that following my remarks, the 
Senator from Maryland be recognized.
  The PRESIDING OFFICER. Without objection, it is so ordered.