the department of labor was opposed to the program. front and center was assuring the availability of labor and harvesting whose timing varies with the weather. unfortunately, timeless has never been the h 2-a program's strong suit. neither is the availability of the domestic labor. the bush administration's plan was to revamp the program. the plan was rescinded by the obama administration and remade the program into a system designed to stream line the regulatory process and speed up the guest workers that faced labor shortage.

it was designed to make the cost of the program more manageable for the growers. even though the changes did improve the program, let me make it clear on one point. the h 2-a program is not structured to meet the needs of the vast majority of agriculture employees in the united states. it simply is not flexible enough to provide an adequate supply of labor in timely fashion to many growers, especially growers, especially crops across the country. i look forward to hearing the testimony today of diverse panel of witnesses who will provide their assessment of the h 2-a program. it is my hope this hearing will plant the seed for much-needed reform of our agricultural visa

program. with that, i yield to my friend from california. >> thank you, mr. chairman. you are right. this is the third hearing before the sub committee. specifically on our agriculture work force. we have been talking about the issue for this whole congress in relation to chairman smith's proposal to implement a mandatory e-verify system. as members of both sides of the aisle have made clear, without something to address the work force needs, mandatory e-verify would simply destroy segments of the agricultural industry. looking back on the hearings we held on this issue over the last two years, i think critical facts are ignored. we know corn and wheat and soy are not the biggest issue. the biggest is with seasonal fruit and vegetable production. when it comes to farming, we

don't just need a work force, but an experienced work force and an experienced work force is not enough. we need a fast and flexible work force. farmers do their best to plant harvests, unusual dips in temperature or humidity can move up a harvest giving growers days or hours to pick a harvest. the grower must find experienced workers with the right skills immediately or lose his or her crops. luckily, such a fast work force exists in america today. those have helped make american agriculture a resounding success. for those who believe in the free market, this is a prime example of that power. technology may get all of the attention, but america has long been an agriculture power house. agriculture continues to be a major sector of our economy and a primary u.s. export. in fact, we export so many more

agricultural products than we import that the sector is the largest in which we see a trade surplus. congress has ignored the needs of the sector. we have been educating our children in other areas. at the same time, the immigration laws have made it impossible to fill the void with foreign legal workers. despite the need for workers on a permanent basis, our immigration laws have made 5,000 green cards available per year for people without bachelor's degrees. that is 5,000 per year to be shared by landscapers and hotels and many other industries who hire such workers. the temporary program has not done the job. any employer will say the program is slow for fast-moving

harve harvests. a recent survey found 72% of the users reported that their workers arrived 22 days on average after the date of need. it is no surprise that the program is used so sparingly to the high water mark of 54,000 visas in 2008. is it any wonder? the government essentially left farmer was no choice but to hire undocumented workers and everyone, including the government, looked the other way as they filled the jobs that our country needed filled. what do we do now? do we accept responsibility for creating this mess? recognize that we have an experienced work force that has been providing critical services for years? obtain legal status to help the country succeed or do we attempt

to throw out the experienced work force and millions of new workers through a government controlled program that has never worked in the past? i mentioned it before, but i need to mention it again. how can you think the answer to our labor needs is to deport workers who are already here and know what to do and when to do it just to ship in millions of government approved workers every year? the proposal is asking taxpayers to spend billions to deport the experienced workers only to require farmers to shoulder the cost annually. it doesn't make sense. it won't work. we already know the results in those states where action has been taken. tremendous loss. we have seen it in georgia and alabama. university of georgia estimates

because of resulting worker shortages in just seven key berry and vegetable crops, they will suffer $7 billion of losses every year. the professor at the university of alabama, estimates that alabama will face between $2 billion and $11 billion in annual economic losses. is this what we want? i think we need to face facts. the law has been broken for decades. people took matters into their own hands. yes, the farmers came without obeying the rules, but almost every fruit and vegetable farmer in the country broke the rules. the government let it all happen. we're all at fault. we need to recognize that and do what is right for the country. we can't allow ideology to trump common sense. with that, mr. chairman, i yield back. >> i thank the gentle lady.

the good news is we have the hearing this morning. the bad news is the bell just went off and we have votes. we'll get back as quickly as possible. we may lose some members along the way, but this will be an important thing to have on the record. we will recess until such time as needed to get back as quickly as possible from the intervening votes. with that, we stand recessed hopefully not more than 35 or 40 minutes. thank you.

>> at this time, the chair will recognize the chairman of the full committee. the gentleman from texas. >> thank you. the agriculture industry needs to hire hundreds of thousands of

seasonal workers each year to put food on americans tables. many workers choose to work elsewhere. that is why many illegal immigrants soon left the fields for other jobs in the city. as the president of the american farm bureau, any new amnesty would have the same result. because of this, u.s. employers often face a shortage of available american workers to fill seasonal agricultural jobs. there is no limit to h 2-a limit visas, yet half of farm workers are illegal immigrants. why don't more who have demands make use of the program? in 2008, the department of labor concluded that the majority of growers find the program so plagued with problems that they avoid using it all together. this sub committee held a

hearing in which witnesses described what was wrong with the program. growers believe that the labor department, which largely administers the program, is hostile to them and the program. growers are troubled by the great cost of using the h 2-a program, especially the adverse wage rate. growers have to build free housing for the guest workers. america needs a guest worker program that is fair to everyone it impacts. farm workers and guest workers. a program must provide growers who want to do the right thing with legal labor. it must protect the livelihood of american workers and rights of guest workers. it must keep in mind the pocketbooks of american families. i have introduced legislation, the american specialty agriculture act, that accomplishes these goals. it establishes an h 2-c guest worker program responsive to the needs of the american growers

and maintain strong policies. it does so without the mass amnesty for illegal immigrant farm workers that failed in 1986. let me highlight the provisions of the bill. the bill puts the agriculture department in charge of the h 2-c program. in order to minimize red tape, it stream lines the process for workers by making it atestation base. it requires workers to pay workers the prevailing wage. fourth, the bill allows growers to provide a housing voucher instead of actual housing which is burdensome for growers. fifth, the bill opens up the h 2-c program to dairies and other producers that cannot use the h 2-a program because they employ

workers year round. the bill allows growers to include binding arbitration in contracts in order to forstall litigation. i'm also pleased that the report has been found that the program is responsive to the needs of america's specialty growers. i look forward today to hearing perspectives from both coasts on how best to write and implement an agricultural guest worker program. we must put policies in place to ensure to keep growing crops and our economy. thank you, mr. chairman. i yield back. >> i thank the member for his statement. this is the first time i have seen an override button. i never knew that was here. >> before you do that, mr.

chairman, could i ask unanimous consent to put his statement in the record? >> yes. i ask unanimous consent that the statement of tory farms of new york and the statement of dale forman, chairman of the apple association be included in the record as well. without objection, so ordered. we have a distinguished panel of witnesses today. we are fortunate that we got our votes done so we can be uninterrupted now before members might have to return to districts. each of the witnesses with statements will be evenntered i the record. i ask that you summarize in five minutes or less. we have the beautiful timing

devices. when the light switches from green to yellow, you have one minute. when it switches to red, it signals the time has expired. we are not as precise as the supreme court is. if you had an opportunity to argue before the supreme court, when the red light comes on, you are to stop in mid sentence. we don't do that here. we would like you to try and follow that five minutes as much as possible. let me introduce the witnesses. mr. gary black. he is the commissioner of the georgia department of agriculture. he started with the georgia farm bureau. later served as coordinator as the state young farmer program. in addition, he served as president of the georgia agriculture business for 21 years and co- managing the georgia food industry. he earned his bachelor's from the university of georgia.

the second witness is mr. paul wenger. he is serving his second term of the california farm bureau federation. he chaired the advisory committee. in 2011, he was appointed to the board. he earned his degree from cal poly. we have lee wicker. he is from the north carolina growers association. the largest program user in the nation. prior to this, he worked for the north carolina security commission. the technical supervisor for the farm programs and state administrator. mr. wicker has been growing tobacco with his family in lee county since 1978. graduated from the university of north carolina at chapel hill. our fourth witness is mr.

goldstein. he is president of farm worker justice. he has experience regarding the temporary worker program. prior to this, he worked as a labor and civil rights lawyer in southern illinois. he received his bachelor's degree from cornell university. gentlemen, thank you very much for your testimony. we are looking forward to it. if you would proceed in the order in which i introduced you and attempt to keep your remarks to five minutes. your full comments will be included in their entirety in our record. mr. black. >> thank you, mr. chairman and ranking members and ladies and gentlemen of the committee and ladies and gentlemen in attendance of this important hearing today. i'm deeply honored to serve as commissioner of agriculture for all formers and all consumers in georgia. a state that is very rich in

agriculture heritage and diversity. i first discussed this guest worker reform issue and this type of sub committee forum with three farmers in 1997. our gracious host for that day was congress member sonny bono. dozens of us have come here for generatio generations. we lay problems at your feet. snap photos and return home. the ritual has become an industry in and of itself. people share their problems with me, too. we can articulate problems very easily, but crafting solutions requires more effort. america's illegal immigration program has reached a fevered pitch. some argue that it is a drain on resources. others insist that so woven, it

would kill the industry. those of legal and illegal status maintain landscapes and harvest crops. we know solutions have lingered on the horizon much like a cloud bank producing lightning and thunder and wind, but no rain. it's time that we work together to break this drought. i salute you, mr. chairman, and other members who demonstrated courage in the 21st century solutions in the guest worker program. legal service reform and vouchers and transferring to usda are ideas that warrant immediate consideration. these proposals and others, though must not compete with, but be complimented by mandatory e-verify in my view.

opponents have shouted in this stadium for too long. it is time we leave the grandstands and suit up on the field of play with the goal of solving the labor problems in american agriculture. agriculture is not alone in this arena, but i suggest we could provide the laboratory. mr. chairman, your hearing shows this progress. a new bill indicates interest. let's embrace this opportunity by considering a multitude of ideas. i suggested to the senate sub committee counterparts last fall of the authorization permit. following a limited sign up period, those who come forward would be subjected to the oversight and stiff penalties. a agriculture only permit. immediate deportation for violations. forfeit of social security

benefits and withholdings with both portions of the market base product and fierce employer sanctions following the end of the sign up period. mr. chairman, this puzzle has many pieces in the economy of your hearing does not allow it to be thoroughly examined. i back up in the comments and the 189-page document that we were required to submit just this past month. my goal is to stretch the balloon in such a way it will not return to its current shape because the status quo is unacceptable. many retailers feature a green, yellow, red pepper 24/7. we can grow these june through october. without a guest worker program that includes the initiatives that are contained in pending legislation, an idea similar to those that i discussed, i see no way for farmers to meet the

consumer demand with produced domestically pepper products. we need a work force and reliable management system. i would be delighted if this was by neighbors. farmers tell me i'll hire drug free local skilled farm workers in my community. please tell me where i can find them. i laud the aspirations, but it escapes reality. i ask as respectfully i know how, to act with haste. many think this is impossible in 2012. i'm prepared to prove the critics wrong. american farm families need your help now. thank you and god bless you for what you do. >> thank you, mr. black. mr. wenger. >> good morning, chairman smith and ranking members and distinguished members of the committee. i'm here today because farmers and ranchers are in critical

need of a legal work force to cultivate our crops and tend or livestock. in california, we rely on 400,000 workers alone. the agriculture work force consists of 1.83 million hired workers. some estimated as much as 50% to 70% of the hired workers are not authorized to work in the united states. different regions produce different commodities. these needs cannot be addressed with a one-sized fits all solution. it is not a problem confined to agriculture in the northeast, southern border states or western states. this is not just a problem for large farmers. according to the united states department of agriculture, 60% of hired farm labor is hired by farms with sales of less than $1 million. last year, the committee approved a bill to make e-verify for all employers regardless of size or industry.

it offered no issues. e-verify without a workable way to ensure a legal work force will send american agriculture production in the additional odd farm jobs created by it to other countries. farmers throughout the united states haveovative solutions to secure a domestic labor force. all have failed. not because we don't pay enough or offer benefits. americans through habit and education have progressed beyond agriculture to other occupations. americans no longer have the desire for agriculture work. it is a lifestyle occupation. many farmers see their children move into other occupations. i can speak from experience with three sons. two are home farming with me and one decided to move on to other things. agriculture needs a timely solution to fill the gap between the legally authorized work force as the agriculture needs of the nation. it is estimated that agriculture

employs 1.2 million unauthorized workers with special skills and abilities. first, a workable solution must address the need for the work force. must agriculture work is demanding. agriculture does not attract a domestic work force. let me be clear, we strongly support the overhaul that has been able to use it. i respectfully request that the study released by the national council of agriculture employers illustrated the flaws in the program be submitted in the regard. if it could be improved, reform of the program alone cannot stabilize the foreign labor situation. >> without objection, that report will be entered. >> thank you. it is impossible for the program to scale up quickly from admitting 50,000 workers to admitting the larger numbers agriculture will need.

an example in texas, about 100,000 workers currently fill a need of farm jobs each year. in 2009, 2,807 were certified. meaning the program fills 1.8% of the texas department of labor. to ensure the industry a future work force, we need a model that is more flexible and marketable. congress lungren is offering a visa. it requires a visa, criminal background check and incentives for workers to abide by the visas and return home when the work is done. the closer a new program comes to replicating the way, the farm force moves now to the crops and it will meet the needs. to ensure the programs work, it will need to be submitted by the department of agriculture,

instead of the department of labor. a workable program may meet the needs of the dairy and livestock industries. these operations have difficulty finding workers and their need is year round. any solution must avoid disruption of the industry and experience the labor force within our industry. any solutions must deal on a practical and humane way with current workers. the most important features of the solution for the industry will be to recognize that many of our work force want and need the ability to come to the united states and work on the farms and return. the consequences of getting it wrong are serious. make no mistake to feed our nation and defend our country and harvest our food. the united states department of

agriculture stats show that foreign producers are gaining market share in the united states. china imports have increased over 555%. in conclusion, i shared with you a snapshot of what is taking place across america. this provides a solution that is practical and addresses the impact to address the problem and recognizes the value of the people who work for us and feed our nation. i'll be happy to answer any questions later. >> thank you very much, mr. wenger. mr. wicker. >> thank you. good morning. i'm lee wicker. deputy director of the growers association. thank you for holding the hearing. this is the largest state's program user, it has over 700 farmer members. i'm proud of the farmer workers of the program because they

refused to surrender. instead, the farmers and workers of the program have committed themselves to compliance. with the determination of the american farmer, all agriculture can comply, compete, survive and thrive if the federal government would institute common sense labor policy reforms. americans are blessed to enjoy a safe and affordable food supply. so fortunate, many americans never give a second thought to the food they consume and where it comes from or what life could be like if the food security was lost. we must never take farmers, farm workers or food supply for granted. in order to continue to deliver fresh food to the consumer, farmers need a rational and workable guest worker