Date: 1982-08-13
Speaker: ROBERT C. BYRD (democrat)
Chamber: S

Mr. President. I rise in opposition to this amendment. During consideration of S. 2222 by the Senate Committee on the Judiciary. I offered language related to section 211 of the billthe socalled H2 temporary workers program. The committee adopted my language by a vote of 10 to 5. Subsequently. I reached an agreement with Senator SIMPSON. the distinguished chairman of the subcommittee with jurisdiction over this legislation. and with other Senators. that resulted in a modification of my original language. This agreement represents what I consider to be a fruitful compromise on this issue. I urge the retention of the compromise provisions relating to the H2 program which are contained in S. 2222. as reported by the Judiciary Committee. Under current law. a foreign worker can be admitted into the United States for temporary labor or service only if the Secretary of Labor has determined that sufficient domestic workers are not available anywhere in this country to perform such service or labor. The requirement in existing law is vague. and it has produced extremely burdensome requirements for agricul tural employers. I can personally speak of the frustration suffered by fruitgrowers in the ea.5tern panhandle of West Virginia. Time and time again. West Virginia growers have informed me of the unnecessarily cumbersome nature of the present H2 system. The Labor Department has used the indefinite nature of the present requirements for participation in the H2 program to frustrate the applications of employers for certifications of eligibility for that program. The requirement that sufficient domestic workers must be located and hired before temporary foreign workers are hired has been warped by counting domestic workers. regardless of their qualifications. willingness. or availability to perform the work required of them at the time and the place needed. The provision in S. 2222. as reported. would require the Secretary of Labor to find that domestic workers would not only have to be available. but would be willing. able. and qualified to do the work as well. Adding these terms. which have wellestablished meanings in labor law. as interpreted by the courts and the Labor Department. will produce a far more workable and reasonable H2 program. Domestic workers found to be qualified. willing. and able will have to present themselves at the time and place needed for the work required of them. In the case of crops that are extremely timesensitive. such as tree fruit. and in particular the apples and peaches grown in the eastern panhandle of West Virginia. the workers must be ready to harvest on short notice. The predictablity of the workers needed to harvest such crops is a critical element for these growers. Uncertainty about the status of the labor force can result in a harvest rotting on the trees. The Labor Department tries to locate workers for the harvest of tree fruit in West Virginia 2 or 3 months in advance of the date of need. If the domestic workers located by DOL do not appear at harvest time. if they appear late. or if they do not remain on the job. then the grower is placed in a situation of economic ruin. My constituents in West Virginia have faced this situation on more than one occasion. My language. as contained in S. 2222. requires that a worker must be willing to appear at the time and place neededand thereby improves the operation of the H2 program. -I commend Senators KENNEDY and SIMPSON for their fine efforts in connection with this legislation. I am most pleased that the bill reported by the Judiciary Committee addresses the concern that I have raised about the H2 program and its effects on West Virginia growers. I might also mention that the language related to the H2 program in the bill has the strong support of the West Virginia Farm Bureau. Once again. I urge the retention of the language of S. 2222. as reported. with respect to the H2 program.