Mr. President, in these challenging economic times, dairy farmers in Vermont, New York, and across America are experiencing particularly difficult conditions. They face both rock-bottom milk prices, and a severe labor shortage. There is an immediate solution for one of these issues. Labor shortages could be met with foreign agricultural workers under a special visa program, called H-2A, which allows farmers who are unable to fill labor needs with domestic workers to hire temporary or seasonal foreign workers. I have long sought to include dairy farmers in the H-2A program, but the Department of Labor has consistently refused to interpret the law to allow dairy farmers access to seasonal foreign workers. Last fall, the Department of Labor initiated a rulemaking process to reconsider various aspects of the H-2A program. I repeatedly urged the Department to exercise its authority to give dairy farmers access to H- 2A workers, both through comments I submitted in the formal rulemaking and by supporting the comments of the National Milk Producers Federation. Nonetheless, on February 11, 2010, the Department released a final rule that continues to exclude the dairy industry from this valuable program.…
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