Mr. President, I rise today to continue the fight to right a wrong in America's visa program. I believe it's time for America to extend the Visa Waiver program to Poland. I'm pleased to have formed a bipartisan partnership with Senator…
Mr. President, I rise today to continue the fight to right a wrong in America's visa program. I believe it's time for America to extend the Visa Waiver program to Poland. I'm pleased to have formed a bipartisan partnership with Senator Santorum to reintroduce our bill to get it done.
Last fall, Senator Santorum and I met with a hero of the Cold War, Lech Walesa. When he jumped over the wall of the Gdansk shipyard, he took Poland and the whole world with him. He told us that the visa issue is a question of honor for Poland. That day, we introduced a bill to once again stand in solidarity with the father of Solidarity by extending the Visa Waiver program to Poland.
This morning, I had the honor of hosting Poland's Foreign Minister, Professor Adam Rotfeld. We reaffirmed and cemented the close ties between the Polish and American peoples. Senator Santorum and I heard loud and clear that the visa waiver program remains a high priority for Poland.
My friends, Poland is not some Communist holdover or third-world country begging for a handout. The Cold War is over. Poland is a free and democratic nation. Poland is a NATO ally and a member of the European Union. But America's visa policy still treats Poland as a second-class citizen. That is just wrong.
Poland is a reliable ally, not just by treaty but in deeds. Warsaw hosted an international Conference on Combating Terrorism less than two months after the September 11 attacks. Poland continues to modernize its Armed Forces so they can operate with the Armed Forces of the U.S. and other NATO allies, buying American F-16s and Shadow UAVs and humvees.
More importantly, Polish troops have stood side by side with America's Armed Forces. Polish ships participated in Desert Shield and Desert Storm during the 1990-91 Gulf War. Poland sent troops to Bosnia as part of UNPROFOR and IFOR. Poland sent troops as part of the international coalition in Afghanistan.
Polish troops fought alongside American and British and Australian troops from day one of the Iraq war. They are there because they want to be reliable allies. Because they are ready to stand with us even when the mission is risky and unpopular. Today, Poland still commands multinational forces in the South Central region of Iraq. Nearly 2,500 Polish troops are still on the ground in Iraq, sharing the burden and the risk and the casualties.
So why are Singapore and San Marino among the 27 countries in the Visa Waiver program, but Poland is not?
President Kwasniewski raised this issue with President Bush last year and again this week. The President has said this is a matter for Congress. It's time for us to act.
The bill Senator Santorum and I are introducing today will add Poland to the list of designated countries in the Visa Waiver program. That will allow Polish citizens to travel to the U.S. for tourism or business for up to sixty days without needing to stand in line to get a visa. That means it will be easier for Poles to visit family and friends or do business in America. Shouldn't we make it easier for the Pulaskis and Kosciuszkos and Marie Curies of today to visit our country?
We know that our borders will be no less secure because of these Polish visitors to our country. But we know that our alliance will be more secure because of this legislation.
I urge our colleagues to join us in support of this important bill.
Mr. President, today I rise to introduce legislation that is desperately needed by small and seasonal businesses all over the Nation. These businesses are in crisis. They need seasonal workers before the summer so that they can survive. For many years they have relied on the H2B Visa program to meet these needs, but this year they can't get the temporary labor they need because they have been shut out of the H-2B visa program. That program lets them hire temporary foreign workers when no American workers are available.
So today, I join with my colleague Senator Gregg to introduce legislation that provides a quick fix to the H-2B problem. The ``Save our Small and Seasonal Businesses Act'' will help these employers by doing three things--temporarily exempting good actor workers from the H-2B cap, protecting against fraud in the H-2B program and providing a fair and balanced allocation system for H-2B visas. I urge my colleagues to work with us to pass this legislation quickly to save these businesses and the thousands of American jobs they provide.
Many in this body know about the H-2B crisis. All this week we have been talking about the litigation crisis--but a real crisis to thousands of small and seasonal businesses is the worker shortage they face as they approach the summer season. These small businesses count on the H-2B Visa Program to keep their businesses afloat. And this year, because the cap of 66,000 was reached so early in the year, many of these businesses will be unable to get the seasonal workers that they need to survive.
Hitting the cap so early has had a great impact on Maryland. We have a lot of summer seasonal businesses in Maryland, on the Eastern Shore, in Ocean City or working the Chesapeake Bay. Many of our businesses use the program year after year. They hire all the American workers they can find, but they need additional help to meet seasonal demands. Because the cap was reached so early this year, for the second year in a row, summer employers face a disadvantage. They can't use the program, so they can't meet their seasonal needs and many will be forced to limit services, lay-off permanent U.S. workers or, worse yet, close their doors.
These are family businesses and small businesses in small communities in Maryland. If the business suffers the whole community suffers. For seafood companies like J.M. Clayton, what they do is more than a business, it's a way of life. Started over a century ago and run by the great grandsons of the founder, J.M. Clayton works the waters of the Chesapeake Bay, supplying crabs, crabmeat and other seafood, including Maryland's famous oysters, to restaurants, markets, and wholesalers allover the Nation. It is the oldest working crab processing plant in the world and by employing 65 H-2B workers the company can retain over 30 full-time American workers.
But its not just seafood companies that have a long history on the Eastern Shore. It's companies like S.E.W. Friel Cannery, which began its business over 100 years ago when there were 300 canneries on the Eastern Shore. But now those others are gone and Friel's is the last corn cannery left. Ten years ago, when the cannery could not find local workers, it turned to the new H-2B Visa Program. It has used the program every year since, and many workers are repeat users who come each year and then go home after the season. What's important is that having this help each year has not only allowed the company to maintain its American workforce, but it has paved the way for local workers to return to the cannery. They now employ 75 full time and 190 seasonal workers, along with 70 farmers and additional suppliers.
Now these employers can't just turn to the H-2B program whenever they want seasonal workers. First, employers must try to vigorously recruit U.S. workers. They must demonstrate to the Department of Labor that there are no U.S. workers available. Only after that are they allowed to fill seasonal vacancies with H-2B visa workers. The workers that they bring in often participate in the H-2B program year after year. They often work for the same companies. But they cannot and do not stay in the U.S. They return to their home countries, to their families and their U.S. employer must go through the whole visa process again the following year to get them back. That means an employer must prove again to the Department of Labor that they cannot get U.S. workers.
This legislative fix keeps that visa process in place. It's a short- term legislative fix to solve the immediate H-2B visa shortage. It does not take the place of comprehensive immigration reform.
This legislation is a temporary two year fix. And it does four things:
One, it exempts returning seasonal workers from the cap. These are workers who have already successfully participated in the H-2B Visa Program. They received a visa in one of the past three years and have returned home to their families after their seasonal employment with a U.S. company.
Everyone must still play by the rules. Employers must go through the whole visa process, prove they need the seasonal help and only after that are returning employees exempt from the cap. Employees must be those who have left the U.S. and are requesting a new H-2B visa to come back for another season. This new system rewards those who have played by the rules, worked hard and successfully participated in the program. And the bill gives a helping hand to businesses by allowing them to retain workers who they have already trained to do their seasonal jobs.
Next, this bill creates new anti-fraud provisions. To make sure that everyone is playing by the rules and that no one is misusing the program. And it gives government some teeth to prevent fraud and enforce our nation's immigration laws. A $150 anti-fraud fee ensures that government agencies processing the H-2B visas will get added resources to detect and prevent fraud. New sanction provisions for those who misrepresent facts on a petition further strengthens DHS's enforcement power. This section also sends a strong message to employers--don't play games with U.S. jobs. Our bill reserves the highest penalties for employer actions which harm U.S. workers.
And, this bill creates a fair allocation of visas. Now, summer employers lose out because winter employers get all the visas. This bill makes the system fair for all employers. We reserve half of the visas for the winter and half for the summer. Allocating visas ensures that, until a long-term solution is reached, all employers will have an
equal chance of getting the workers that they need.
Finally, the bill adds some simple reporting requirements. So that DHS gives Congress the information it needs to make informed decisions about the H-2B visa program in the future.
This is a quick and simple fix. It lasts just 2 years--the rest of this year and next. And it does not get in the way of comprehensive immigration reform.
I worked with my colleagues to get a bill with strong bipartisan support, a bill that would work.
This bill is realistic. It provides a temporary solution because immediate action is needed to help these small and seasonal businesses stay in business. Yes, we need to help them now. Their seasons start soon. And if they don't get seasonal workers this year, there may not be any businesses around next year to help.
Every Member of the Senate who has heard from their constituents-- whether they are seafood processors, landscapers, resorts, timber companies, fisheries, pool companies or carnivals--knows the urgency in their voices, knows the immediacy of the problem and knows that the Congress must act now to save these businesses. I urge my colleagues to join this effort, support the Save our Small and Seasonal Businesses Act, and push this Congress to fix the problem today.