TO GET A SIGNAL AS TO WHETHER HIS REQUEST FOR LEGAL FOREIGN
           WORKERS WOULD BE MET. THIS IS CURRENT LAW, FAILS THE FOREIGN
           WORKERS. IT FAILS THE FOREIGN WORKERS BY FORCING MOST OF THEM
           INTO AN ILLEGAL STATUS WHERE THEY LACK THE RESPECT AND
           PROTECTION THAT A LEGAL PROGRAM WOULD PROVIDE. IF I COULD GIVE

           ONE EXAMPLE, IN AUGUST OF 1992, AFTER HURRICANE ANDREW HIT
           SOUTH DADE, FLORIDA, A MAJOR AGRICULTURAL PRODUCTION AREA,
           THERE WAS CONCERN ABOUT A PUBLIC HEALTH EPIDEMIC AND,
           THEREFORE, A DESIRE TO HAVE PEOPLE IMMUNIZED AGAINST A VARIETY
           OF POTENTIAL DISEASES. THE PUBLIC HEALTH OFFICIALS FOUND IT
           EXTREMELY DIFFICULT TO GET THE AGRICULTURAL WORKERS TO COME
           FORWARD TO BE IMMUNIZED FOR THEIR OWN PROTECTION AND THE
           PROTECTION OF THE GENERAL PUBLIC BECAUSE THEY KNEW THEY WERE

           ILLEGAL AND WERE AFRAID THAT BY PRESENTING THEMSELVES FOR AN
           IMMUNIZATION SHOT, THEY WOULD BE MAKING THEMSELVES SUBJECT TO
           DEPORTATION. THAT IS THE KIND OF FEAR AND TERROR IN WHICH WE
           HAVE OVER 600 THOUSAND HUMAN BEINGS IN THE UNITED STATES WHO
           ARE HARVESTING OUR FOOD, LIVE ON A DAILY BASIS. AND FINALLY,
           THE CURRENT SYSTEM FAILS THE AMERICAN CONSUMER. WE HAVE THE
           OPPORTUNITY IN THIS COUNTRY, AND HAVE HAD HISTORICALLY ACCESS

           TO THE BEST FOOD PRODUCED UNDER THE MOST SANITARY CONDITIONS
           AND THE MOST AFFORDABLE FOOD IN THE WORLD. BUT IF WE HAVE MANY
           MORE INSTANCES AS THE SENATOR FROM IDAHO TALKED ABOUT OCCURRED
           RECENTLY IN GEORGIA WHERE A MAJOR CROP ROTS ON THE FIELD
           BECAUSE OF THE INABILITY TO SECURE A LEGAL WORK FORCE, WE WILL
           BE DENYING THE AMERICAN CONSUMER WHAT WE HAVE TRADITIONALLY
           ASSUMED IS AN AMERICAN BIRTHRIGHT. SO, MR. PRESIDENT, THE
           CURRENT SYSTEM IS BROKEN. THE SENATOR FROM OREGON AND OTHERS

           WHO HAVE JOINED TOGETHER IN THIS BIPARTISAN EFFORT HAVE
           ATTEMPTED TO UNDERSTAND WHAT THOSE PROBLEMS WERE THAT
           CONTRIBUTED TO THE BROKENNESS OF THE CURRENT SYSTEM AND TO
           PRESENT A SERIES OF PRESCRIPTIONS TO CORRECT IT. WE LOOK
           FORWARD TO WORKING WITH OUR COLLEAGUES IN A PROCESS OF REFINING
           THE PROPOSAL THAT WE HAVE MADE. BUT WE BELIEVE THIS REPRESENTS
           A SIGNIFICANT STEP FORWARD IN TERMS OF PROTECTING THE RIGHTS OF

           AMERICAN WORKERS CREATING A LEGAL WORK FORCE OF THE AMERICAN
           FARMERS AND PARTICULARLY THE INTEREST OF THE AMERICAN CONSUMER.
           THANK YOU, MR. PRESIDENT.
           

           THE PRESIDING OFFICER: THE SENATOR FROM OREGON.
           

           MR. SMITH: I DID NOT HEAR YOU RULE ON MY UNANIMOUS REQUEST
           CONSENT ON THE MODIFIED AMENDMENT WE SENT TO THE DESK.
           

           THE PRESIDING OFFICER: IS THERE OBJECTION?
           
           

           A SENATOR: RESERVING THE RIGHT TO OBJECT. -- [INAUDIBLE]
           

           THE PRESIDING OFFICER: WITHOUT OBJECTION, SO ORDERED.
           

           MR. SMITH: THANK YOU. HOW MUCH TIME IS REMAINING ON OUR SIDE?
           
           

           THE PRESIDING OFFICER: THE SENATOR FROM OREGON HAS 3 MINUTES,
           18 SECONDS REMAINING.
           

           MR. SMITH: WE'RE GOING TO RESERVE THE BALANCE OF THAT FOR THE

           SENATOR FROM MR. KENNEDY: MR. PRESIDENT?
           
           

           THE PRESIDG OFFICER: THE SENATOR FROM MASSACHUSETTS.
           

           MR. KENNEDY: MR. PRESIDENT, I YIELD MYSELF FIVE MINUTES. MR.
           PRESIDENT, IN 1960 EDWARD MURROW SHOCKED THE NATION WITH HIS
           TELEVISION DOCUMENTARY ON THE EXPLOITATION OF FARM WORKERS IN
           AMERICA. HIS REPORT WAS "HARVEST OF SHAME" AND LED TO THE
           REPEAL OF THE PRESARIO PROGRAM IN 1964 UNDER WHICH MEXICAN
           WORKERS HAD BEEN BROUGHT TO THIS COUNTRY TO HARVEST U.S. CROPS
           UNDER HARSH CONDITIONS. I REMEMBER THAT CLEARLY AS A JUNIOR

           MEMBER ON THE COMMITTEE, THE EXTENSIVE HEARINGS WE HAD AND THE
           TRAVELS WE TOOK TO MANY DIFFERENT PARTS OF THIS COUNTRY. HERE
           WE ARE TODAY CONSIDERING AN AMENDMENT THAT CREATES A NEW
           LARGE-SCALE FOREIGN AGRICULTURE PROGRAM. DON'T WE EVER LEARN?
           A NEW PRESARIO PROGRAM WOULD BE HARMFUL TO EFFORTS TO CONTROL
           ILLEGAL IMMIGRATION AND HARMFUL TO THE NATION. I AM CONCERNED
           THIS AMENDMENT WOULD LET THOUSANDS OF POOR FARM WORKERS COME
           HERE AND STAY PERMANENTLY. THERE ARE NO LIMITS. AND IT GIVES
           THEM PERMANENT GREEN CARDS IF THEY WORK HERE FOR CONSECUTIVE
           HARVESTS. WE DON'T KNOW WHETHER WE'RE TALKING ABOUT 1,000,

           10,000, 100,000 A YEAR. WITH ALL OF THE RIGHTS FOR IMMIGRATION
           AND FOR THOSE THAT HAVE GREEN CARDS AND CITIZENSHIPS IN
           BRINGING EXTENDED MEMBERS OF THEIR FAMILY OFMTE-ENDED, MR.
           PRESIDENT. THIS AMENDMENT TURNS ITS BACK ON YEARS OF EFFORTS TO
           IMPROVE CONDITIONS FOR AMERICA'S FARM WORKERS AND FOREIGN
           WORKERS. WE ADMIT UNDER THE CURRENT IMMIGRATION LAWS. A VAST
           NEW GUESSWORK OF PROGRAM IS UNNECESSARY. AS THE GENERAL
           ACCOUNTING OFFICE SAID IN DECEMBER, AMPLE SUPPLIES OF FARM
           LABOR APPEAR TO BE AVAILABLE IN MOST AREAS. I'D REFER OUR

           COLLEAGUES TO PAGE 6 OF THE DECEMBER PUBLICATION OF THE G.A.O.
           IT SAYS, "G.A.O.'S OWN ANALYSIS SUGGESTS THAT MANY FARM LABOR
           EXPERTS, GOVERNMENT OFFICIALS, GROWER FARM LABOR ADVOCATES
           AGREE A WIDESPREAD FARM LABOR SHORTAGE HAS NOT OCCURRED IN
           RECENT YEARS AND DOES NOT APPEAR TO EXIST. IT FOUND 13 COUNTIES
           MAINTAINED ANNUAL DOUBLE-DIGIT UNEMPLOYMENT RATE AND 19% HAVE
           RATES ABOVE THE NATIONAL AVERAGE." THE LATE BARBARA JORDAN AND

           HER COMMISSION ON IMMIGRATION SAID RATING SUCH A PROGRAM WOULD
           BE A GRIEVOUS MISTAKE. EVERY FEDERAL IMMIGRATION COMMISSION HAS
           CONCLUDED AN AGRICULTURAL GUESS PROGRAM SHOULD NOT BE EXPANDED.
           THE COMMISSION ON IMMIGRATION REFORM, COMMISSION ON
           AGRICULTURAL WORKERS IN 1992, THE HESSBURG COMMISSION IN 1981
           ALL REACHED THE SAME CONCLUSION. THE SO-CALLED PROTECTIONS IN
           THIS AMENDMENT CAN BE EASILY CIRCUMVENTED. THE DEPARTMENT OF
           LABOR DOES NOT EVEN HAVE THE AUTHORITY TO LIMIT THE ISSUANCE OF
           VISAS IF IT FINDS THAT THE EMPLOYMENT OF FOREIGN LABOR IS

           HURTING U.S. WORKERS. THIS BILL STRIPS ALL OF THE PROTECTIONS
           IN THE CURRENT PROGRAM. FIRST, THIS AMENDMENT WEAKENS THE
           REQUIREMENT TO HIRE AMERICAN FARM WORKERS FIRST. IT REQUIRES
           THE LABOR TO SET UP A NEW HIGH-TECH REGISTRY IN WHICH GROWERS
           POST THEIR JOBS AND AMERICAN WORKERS WHO REGISTER WITH THE
           LABOR DEPARTMENT CAN BE MATCHED WITH THEM. BUT ALL A COMPANY
           HAS TO DO IS CHECK THE REGISTRY. IF IT CAN'T GET A WORKER RIGHT
           AWAY IT CAN BRING IN A FOREIGN WORKER. A CHECK WITH THE
           REGISTRY IS THE ONLY REKHUTEMENT AN EMPLOYER HAS TO DO. WE
           DON'T KNOW IF THE REGISTRY WILL EVER WORK. MOST FARM WORKERS

           EARN LESS THAN $12,000 A YEAR. THEY DON'T HAVE COMPUTERS AT
           HOME WHERE THEY CAN LOG ON TO THE INTERNET AND CHECK THE
           REGISTRY. MANY AMERICAN FARM WORKERS CAN'T AFFORD TELEPHONES TO
           CALL THE REGISTRY. UNTIL WE KNOW A REGISTRY REALLY CAN WORK,
           IT'S NOTHING BUT A GIMMICK THAT LET'S GROWERS EVADE
           RESPONSIBILITIES TO HIRE AMERICANS FIRST. THIS WEAKENS THE
           REQUIREMENT THAT GROWERS MUST PROVIDE HOUSING FOR THE FARMERS
           THEY BRING IN. UNDER THE PRESARIO PROGRAM EMPLOYERS WERE

           REQUIRED TO PROVIDE HOUSING. UNDER THIS EMPLOYERS ONLY HAVE TO
           PROVIDE A HOUSING VOUCHER. HOW CAN A FARM WORKER FROM MEXICO OR
           THE CARRIBEAN FIND AN APARTMENT IN RURAL AMERICA TO RENT FOR
           JUST A FEW WEEKS WHEN HE DOESN'T KNOW HIS WAY AROUND, CAN'T
           SPEAK ENGLISH AND DOESN'T HAVE AN AUTOMOBILE?
           YOU CAN MAKE THE HOUSING VOUCHERS AS GENEROUS AS YOU WANT, BUT
           MANY OF THESE WORKERS ARE GOING TO BE HOMELESS. THIS AMENDMENT
           WEAKENS THE WAGE STANDARDS OF AMERICAN FARM WORKERS ALREADY
           STRUGGLING TO MAKE ENDS MEET. AMERICAN FARM WORKERS ARE THE
           POOREST OF THE WORKING POOR. I'LL INCLUDE "THE NEW YORK TIMES"

           STUDY THAT WAS DONE IN THE LAST FEW WEEKS THAT SHOW DESPITE THE
           EXTRAORDINARY PROSPERITY THAT WE HAVE SEEN IN THE UNITED
           STATES, THE FARM WORKERS ARE THE LOWEST RUNG, WORKING THE
           HARDEST, THE LOWEST RUNG OF THE ECONOMIC LADDER. AND HAVE MOVED
           BACKWARD IN TERMS OF THEIR REAL PURCHASING POWER. THEY ALSO
           SUFFER THE DOUBLE-DIGIT UNEMPLOYMENT. THIS AMENDMENT WILL MAKE
           THAT CRISIS WORSE. EVEN IF AMERICAN WORKERS SHOWS UP EARLY IN A
           RVEST HE'LL NOT BE GUARANTEED THE JOB IF AN EMPLOYER HAS A -- I

           YIELD MYSELF ANOTHER MINUTE. UNDER CURRENT LAW I'M ALSO KURND
           THAT THIS -- CONCERNED THIS AMENDMENT WILL ENCOURAGE ILLEGAL
           IMMIGRATION. AFTER SPENDING BILLIONS OF DOLLARS TO STRENGTHEN
           THE BORDER PRODUCT LIABILITY TO KEEP ILLEGAL IMMIGRANTS OUT IT,
           MAKES NO SENSE TO INSTRUCT THE I.N.S. TO CUT A GAPING HOLE IN
           THE BORDER HOLE. WE KNOW FROM PAST EXPERIENCES THAT FOREIGN
           AGRICULTURAL WORKER PROGRAMS CREATE PATTERNS OF ILLEGAL
           IMMIGRATION THAT CANNOT BE STOPPED. THE FIRST WORKERS TO COME
           HERE MAY BE LEGAL, HAVE A TEMPORARY WORK VISA. BUT THEY CREATE

           AN ENDLESS CHAIN OF ILLEGAL IMMIGRATION AS RELATIVES, NEIGHBORS
           AND FRIENDS FOLLOW THEM TO AMERICA. IN FACT, UNDER THIS
           AMENDMENT, IF YOU WORK IN THIS PROGRAM FOR FOUR YEARS, YOU GET
           THE GREEN CARD AND STAY IN AMERICA FOREVER. AN UNLIMITED NUMBER
           OF WORKERS CAN ENTER UNDER THIS RECKLESS PROGRAM. THERE IS NO
           CAP. AS PHILLIP MARTIN, LEADING AGRICULTURAL AGENT AT THE
           UNIVERSITY OF CALIFORNIA STATED WHEN IT COMES TO TEMPORARY FARM
           WORKER PROGRAMS, THERE'S NOTHING MORE IMPORTANT THAN A

           TEMPORARY WORKER. THE PRESARIO PROGRAM DID NOT END IN 1984. IT
           ESTABLISHED A WELL-TRAVELED PATH OF FOREIGN ILLEGAL
           IMMIGRATION. AFTER THREE AND A HALF DECADES LATER WE'RE STILL
           PAYING A PRICE. A COMPREHENSIVE JOINT STUDY BY THE UNITED
           STATES AND MEXICO COMPLETED LAST YEAR PUT IT THIS WAY. HISTORY
           HAS SHOWN U.S. SANCTIONED PRESAYRE I DON'T SEE RECRUITMENT
           ORIENTED MANY AMERICANS TOWARD THE U.S. LABOR MARKET INSTEAD OF
           LOCAL JOBS AND DEVELOPMENT. THIS BEGAN A TRADITION OF MIGRATION
           SET IN PLACE A BASELINE OF INDIVIDUALS AND FAMILIES WHO WOULD

           EVENTUALLY RESIDE PERMANENTLY IN THE U.S. ALTHOUGH MEANT TO BE
           TEMPORARY, AN UNINTENDED CONSEQUENCE WAS A RESIDENT POPULATION.
           THIS AMENDMENT ADDS TO THAT PROBLEM, MR. PRESIDENT. I THINK IT
           WILL HURT AMERICA'S VULNERABLE FARM WORKERS, CAUSE PERMANENT
           DAMAGE TO OUR IMMIGRATION POLICIES. AND I DO NOT BELIEVE THE
           AMENDMENT SHOULD BE ACCEPTED. I WITHHOLD THE BALANCE OF THE
           TIME. I YIELD -- HOW MUCH TIME DO I HAVE, MR. PRESIDENT?
           
           

           THE PRESIDING OFFICER: THE SENATOR HAS 17 MINUTES REMAINING.
           

           MR. KENNEDY: SEVEN MINUTES TO THE SENATOR FROM CALIFORNIA.
           

           THE PRESIDING OFFICER: THE SENATOR FROM CALIFORNIA.
           

           MRS. FEINSTEIN: I THANK THE SENATOR FROM MASSACHUSETTS. AND,
           MR. PRESIDENT, I AM REALLY DISAPPOINTED THAT THIS PROGRAM IS
           BEING RAMRODED THROUGH ON AN APPROPRIATIONS BILL. THIS PROGRAM
           REPRESENTS A HUGE, NEW IMMIGRATION PROGRAM, AND NO ONE SHOULD
           THINK TO THE CONTRARY. 50% OF ALL THE PEOPLE THAT ARE GOING TO
           COME IN FROM OTHER COUNTRIES UNDER THIS PROGRAM WILL GO TO ONE

           STATE -- CALIFORNIA. AND CALIFORNIA HAS NOT BEEN AFFORDED THE
           TIME TO DO THE ANALYSIS TO E HOW THIS PROGRAM WOULD AFFECT IT.
           MR. PRESIDENT, THIS PROGRAM IS A TROJAN HORSE. WHEN I HEARD THE
           TESTIMONY ON A REGISTRY PROGRAM, ON THE JUDICIARY COMMITTEE, I
           THOUGHT GREAT IDEA. I WANT TO SUPPORT IT. WHEN THE SENATORS
           MADE THE ANNOUNCEMENT, I WAS A COSPONSOR. THEN I SAW THAT

           ATTACHED TO THE CONCEPT OF THE REGISTRY PROGRAM WAS ALSO A HUGE
           IMMIGRATION PROGRAM WITH NO CONTROLS WHATSOEVER, NO WAY OF
           ASCERTAINING WHETHER INDIVIDUALS GO BACK. AND, AS A MATTER OF
           FACT -- AND I WILL EXPLAIN THAT SHORTLY -- SETTING UP
           INCENTIVES FOR THESE PEOPLE TO REMAIN IN THE COUNTRY IN A LEGAL
           STATUS. IN CALIFORNIA, THIS WILL MEAN LITERALLY TENS OF
           THOUSANDS OF ADDITIONAL IMMIGRANTS COMING INTO THE STATE. WE

           CURRENTLY HAVE TWO MILLION PEOPLE IN CALIFORNIA IN ILLEGAL
           STATUS. THIS WILL ONLY ADD TO THE NUMBERS OF ILLEGAL STATUS.
           AND LET ME SAY HOW THIS WILL HAPPEN. UNDER THE AMENDMENT, IF
           THE DEPARTMENT OF LABOR CANNOT FIND AMERICAN WORKERS AND THERE
           IS NO REGISTRY IN PLACE IN CALIFORNIA, THIS BILL WILL GO IN
           PLAY. THE LARGE AGRICULTURAL ASSOCIATIONS WILL APPLY FOR

           20,000, 30,000 PERMITS AT A TIME. THE DEPARTMENT OF LABOR HAS
           SEVEN DAYS TO RESPOND TO THAT. IF THEY DON'T RESPOND TO THAT
           HUGE NUMBER IN THAT PERIOD OF TIME, THE PERMITS ARE AUTHORIZED
           AND THE FOREIGN WORKERS COME IN. THERE IS NO WAY OF KNOWING WHO
           THEY ARE, WHETHER THEY HAVE ANY BONA FIDE DOCUMENTS.
           ADDITIONALLY, ONCE A WORKER IS IN THIS COUNTRY FOR TEN MONTHS,
           THEY CAN APPLY FOR THREE-YEAR EXTENSION. THEREFORE, YOU

           EFFECTIVELY ARE GRANTING A STAY OF THREE YEARS TO SOMEONE WHO
           COMES IN. THEY THEN SHOULD RETURN. THEN IF THEY COME BACK FOR
           ONE MORE YEAR, THEY ARE HERE FOR ALL TIME. THEY GAIN LEGAL
           STATUS UNDER THIS PROGRAM. THERE ARE NO CAPS ON ANY NUMBERS
           BEING BROUGHT IN. THE MAJOR PART OF CONCERN IN THIS BILL -- AND

           I'D LIKE TO GET THIS INTO THE RECORD -- IS SECTION 6, B-1, THE
           APPLICATION TO THE SECRETARY OF STATE THAT SETS UP THIS
           SEVEN-DAY PERIOD WHEN THE EMPLOYER SUBMITS THE APPLICATION FOR
           ALIEN WORKERS DIRECTLY TO THE SECRETARY OF STATE WITH A COPY OF
           THE APPLICATION PROVIDED TO THE ATTORNEY GENERAL, SEEKING THE
           ISSUANCE OF VISAS TO AND THE ADMISSION OF ALIENS FOR EMPLOYMENT
           IN THE JOB OPPORTUNITIES FOR WHICH THE EMPLOYER HAS NOT
           RECEIVED REFERRAL OF REGISTERED WORKERS. AND THEN THERE IS AN

           EXPEDITED CONSIDERATION  THE SECRETARY OF FIVE DAYS. IT IS
           PHYSICALLY IMPOSSIBLE TO CONSIDER 20 OR -- TO CONSIDER 20,000
           OR 30,000 APPLICATIONS
{END: 1998/07/23 TIME: 14-45 , Thu.  105TH SENATE, SECOND SESSION}