[Congressional Record Volume 142, Number 35 (Thursday, March 14, 1996)]
[Senate]
[Pages S2101-S2104]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. COCHRAN:
S. 1613. A bill to amend the National School Lunch Act to provide
greater flexibility to schools to meet the Dietary Guidelines for
Americans under the school lunch and school breakfast programs, and for
other purposes; to the Committee on Agriculture, Nutrition, and
Forestry.
the national school lunch act amendment act of 1996
Mr. COCHRAN. Mr. President, the bill that I am introducing
today will amend the National School Lunch Act to provide greater
flexibility to schools to meet the Dietary Guidelines for Americans
under the School Lunch and Breakfast Programs.
The National School Lunch Program is a program that works.
The National School Lunch Program currently operates in over 92,000
schools and serves approximately 26 million children each day. In my
State of Mississippi approximately 7 out of 10 children participate in
the School Lunch Program. It is very important to have the flexibility
to serve the children healthy meals while reducing time consuming
paperwork.
The Healthy Meals for Healthy Americans Act of 1994 contained
provisions to improve and simplify the National School Lunch Program.
It included a requirement that schools implement the Dietary Guidelines
for Americans.
We must allow for local and regional food preferences. Further, not
every school district has the resources to conduct sophisticated
nutrient analysis of each meal or to hire a nutritionist.
The legislation that I am introducing today would not delete or
postpone in any way the requirement that the School Lunch Program
implement the Dietary Guidelines in a timely manner. Rather, my
legislation will allow local schools to implement the Dietary
Guidelines with greater program flexibility and less expense.
This legislation has the strong support of the school food service
administrators in Mississippi.
I urge Senators to support it.
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By Mr. CRAIG (for himself and Mr. Kempthorne):
S. 1614. A bill to provide for the stabilization, enhancement,
restoration, and management of the Coeur d'Alene River Basin watershed,
and for other purposes; to the Committee on Environment and Public
Works.
the coeur d'alene river basin environmental restoration act of 1996
Mr. CRAIG. Mr. President, I am today introducing, with the
cosponsorship of Senator Kempthorne, the Coeur d'Alene River Basin
Environmental Restoration Act of 1996. This legislation would allow for
a workable solution to clean up the historic effects of mining on the
Coeur d'Alene Basin in north Idaho.
This legislation establishes a process that is centered around an
action plan developed between the Governor of the State of Idaho and a
Citizens Advisory Commission comprised of 13 representatives of
affected State and Federal Government agencies, private citizens, the
Coeur d'Alene Indian Tribe, and affected industries. The
responsibilities of this commission are very important to the ultimate
success of cleaning up the basin.
The Silver Valley of north Idaho has made contributions to the
national economy and to all of our country's war efforts for well over
a century. The Federal Government has been involved in every phase of
mineral production over the history of the valley. It is, therefore,
appropriate that Congress specifically legislate a resolution of
natural resources damages in the Coeur d'Alene Basin and participate in
funding such a plan.
I want to make clear this legislation does not interfere with the
ongoing Superfund cleanup within the 21-square mile Bunker Hill site.
This legislation sets up a framework for voluntary cleanup of affected
areas outside this 21-square mile area. In drafting this legislation, I
have worked with the mining industry, the Coeur d'Alene tribe, local
governments, the Governor of Idaho and citizens in north Idaho. It is
only through the involvement of all these parties that a solution will
be reached.
Throughout this effort it has been clear that all parties want the
basin cleaned up, and they want the cleanup done with the concerns of
local citizens and entities addressed and with controls and cleanup
decisions made in Idaho, not in Washington, DC. These are the guiding
principles that I have applied in developing this legislation.
Local cleanup has already begun in the headwaters of the basin's
drainage. Nine Mile Creek and Canyon Creek have had proven engineering
designs implemented within their drainages. The Coeur d'Alene River
Basin Environmental Restoration Act of 1996 would assure that this type
of meaningful restoration could continue. However, the actions needed
in each part of the basin are not clear. That is why my bill calls for
the Governor of Idaho and the Citizens Advisory Commission to develop
an action plan that can address the varying conditions within the
basin. For example, engineering solutions will certainly work in
portions of the basin--but not every place. The steeper gradient
streams in the upper basin respond well to engineering fixes, but these
types of fixes may only exacerbate problems in the lower, flatter
portions of the basin. Local input and control through the action plan
can address such diversity and the need for varying environmental
fixes.
The Department of Justice is currently threatening a lawsuit for
alleged natural resources damages in the area addressed by this
legislation. For the Federal Government to follow such a course would
be folly. When the Federal Government litigates under Superfund, the
members of the legal
[[Page S2102]]
profession benefit, as litigation eats away at whatever resources are
available for a cleanup. Litigation does not benefit the citizens
affected by a cleanup and certainly does not benefit the resources that
are purported to be the primary consideration when such a suit is
pursued. I do not intend to see cleanup resources in north Idaho to go
to litigation and not to cleanup. It is my goal to see the Coeur
d'Alene basin cleanup is not litigated away. That is the reason I have
introduced this legislation. It will clean up the basin, not
litigiously waste the basin's resources.
I think it is an important step toward a historic cleanup of a very
important and beautiful area of the country.
By Mr. BREAUX (for himself and Mr. JOHNSTON):
S. 1615. A bill to modify the project for navigation, Mississippi
River Ship Channel, Gulf to Baton Rouge, LA, and for other purposes; to
the Committee on Environment and Public Works.
CHALMETTE SLIP DREDGING PROJECT LEGISLATION
Mr. BREAUX. Mr. President, I introduce today, together with my senior
colleague from Louisiana, Senator J. Bennett Johnston, a bill to
authorize the Corps of Engineers to conduct maintenance dredging for
the Chalmette Slip. The project is needed to assist the St. Bernard
Port, Terminal and Harbor District conduct its current daily business
more effectively and to facilitate future development.
Located in St. Bernard Parish near mile 90.5 of the Mississippi
River, the project's authorization would be carried out as part of the
currently authorized and ongoing operations and maintenance project for
the Mississippi River, Baton Rouge to the Gulf of Mexico.
The slip's depth is now approximately 30 feet. The authorization
would allow it to be deepened to 33 feet, over a distance of
approximately 1,500 feet.
With the additional depth needed to help the port operate more
effectively and to improve its operations, the project certainly is a
justified one.
Senator Johnston and I are hopeful that the proposed Chalmette Slip
authorization will be included as part of the Water Resources
Development Act legislation when it is taken up by the Senate.
We urge its consideration and passage.
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By Mr. INOUYE (for himself, Mr. Murkowski, Mr. Akaka, and Mr.
Stevens):
S. 1616. A bill to establish a visa waiver pilot program for
nationals of Korea who are traveling in tour groups to the United
States; to the Committee on the Judiciary.
korean nationals visa waiver pilot program
Mr. INOUYE. Mr. President, I rise to introduce legislation
that would establish a Visa Waiver Pilot Program for Korean nationals
who are traveling in tour groups to the United States. I am joined in
this effort by Senators Murkowski, Akaka, and Stevens.
According to the 1995 National Trade Estimate Report entitled
``Foreign Trade Barriers,'' in 1994, the United States trade deficit
with the Republic of Korea was $1.6 billion, or $718 million greater
than in 1993. United States merchandise exports to the Republic of
Korea were $18 billion in 1994, up $3.3 billion from 1993. United
States imports from the Republic of Korea totaled $19.7 billion in
1994, 14.8 percent more than in 1993. The Republic of Korea is the
sixth largest trading partner of the United States.
Travel and tourism play a major role in reducing the United States'
unfavorable balance of trade. There is an increasing demand by citizens
of the Republic of Korea to visit the United States. In fiscal year
1994, 320,747 nonimmigrants visas were issued to Korean travelers. In
fiscal year 1995, 394,044 nonimmigrant visas were issued to Korean
travelers. Of this amount, 320,120 were tourist visas.
The Republic of Korea is not eligible to participate in the current
Visa Waiver Pilot Program. Thus, Koreans are required to obtain a visa
to travel to the United States. Unfortunately, U.S. visas can not be
processed in a reasonable time frame. There is often a 2 to 3 week
waiting period to obtain tourist visas. Although the Secretary of State
has attempted to address the problem by including additional personnel
in the consular section at the U.S. Embassy in Seoul, visa processing
delays do continue.
The legislation we are introducing today would establish a 3-year
pilot program that would waive the visa requirement for Korean
nationals traveling as part of a group tour to the United States. Under
the program, selected travel agencies in Korea would be allowed to
issue temporary travel permits. The applicants would be required to
meet the same prerequisites imposed by the United States Embassy.
The pilot legislation also includes additional restrictions to help
deter the possibility of illegal immigration. These are:
The stay in the United States is no more than 15 days.
The visitor poses no threat to the welfare, health, and safety, or
security of the United States.
The visitor possesses a round-trip ticket.
The visitor who is deemed inadmissible or deportable by an
immigration officer would be returned to Korea by the transportation
carrier.
Tour operators will be required to post a $200,000 performance bond
with the Secretary of State, and will be penalized if a visitor fails
to return on schedule.
Tour operators will be required to provide written certification of
the on-time return of each visitor within the tour group.
The Secretary of State and the Attorney General can terminate the
pilot program should the overstay rate exceed 2 percent.
Accordingly, I urge my colleagues to join us in cosponsoring this
legislation.
Mr. President, I ask unanimous consent that the bill text be printed
in the Record.
There being no objection, the bill was ordered to be printed in the
Record as follows:
S. 1616
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. KOREA VISA WAIVER PILOT PROGRAM.
(a) Congressional Findings.--The Congress finds that--
(1) travel and tourism play a major role in reducing the
United States unfavorable balance of trade;
(2) the characteristics of the Korean travel market do not
permit long-term planning for longer trips;
(3) applications for United States visas cannot now be
processed in a reasonable period of time;
(4) the Secretary of State has attempted to solve the
problem by adding additional staff to the consular section at
the United States Embassy in Seoul;
(5) unfortunately, these additions have not resulted in any
discernable improvement in reducing visa processing delays;
(6) further, it is unlikely, given the current fiscal
environment, to expect funding to be available for further
staff additions in sufficient numbers to effect any
significant improvement in the time required to process visa
applications;
(7) most of the nations of the South Pacific, Europe, and
Canada do not currently require Koreans entering their
countries to have a visa, thus providing them with a serious
competitive advantage in the tourism industry;
(8) the United States territory of Guam has been permitted
by the United States Government to eliminate visa
requirements for Koreans visiting Guam, with resultant
impressive increases in travel and tourism from citizens of
the Republic of Korea;
(9) any application under existing procedures to add the
Republic of Korea, or any other nation to the group of
favored nations exempted from United States visa regulations,
would require many years during which time the United States
could well lose its competitive advantages in attracting
travel and tourism from the Republic of Korea;
(10) the Republic of Korea, as a gesture of goodwill, has
already unilaterally exempted United States tourists who seek
to enter the Republic of Korea from the requirement of
obtaining a visa; and
(11) growth in Korean travel to the United States has not
kept pace with growth in travel to non-United States
destinations, and cumbersome and time-consuming visa
processing procedures are widely recognized as the cause of
this loss of market share and competitiveness with
alternative destinations.
(b) Pilot Program.--The Secretary of State and the Attorney
General jointly shall establish a pilot project (in this
section referred to as the ``pilot program'') within six
months of the date of the enactment of this Act under which
the requirement of paragraph (7)(B)(i)(II) of section 212(a)
of the Immigration and Nationality Act (8 U.S.C.
1182(a)(7)(B)(i)(II)) is waived during the pilot program
period in the case of any alien who meets the following
requirements:
[[Page S2103]]
(1) National of pilot program country.--The alien is a
national of, and presents a passport issued by, the Republic
of Korea. The Republic of Korea is urged to provide machine
readable passports to its citizens in the near future.
(2) Seeking entry as tourist.--The alien is applying for
admission to the United States during the pilot program
period as a nonimmigrant visitor for pleasure (as described
in section 101(a)(15)(B) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(B))), as part of a group tour to
the United States.
(3) Period of stay.--The alien seeks to stay in the United
States for a period of not more than 15 days.
(4) Executes immigration forms.--The alien before the time
of such admission completes such immigration form as the
Attorney General shall establish.
(5) Entry into the united states.--If arriving by sea or
air, the alien arrives at the port of entry into the United
States on a carrier which has entered into an agreement with
the Immigration and Naturalization Service to guarantee
transport of the alien out of the United States if the alien
is found inadmissible or deportable by an immigration
officer.
(6) Not a safety threat.--The alien has been determined not
to represent a threat to the welfare, health, safety, or
security of the United States.
(7) No previous violation.--If the alien previously was
admitted without a visa under this section, the alien must
not have failed to comply with the conditions of any previous
admission as such a nonimmigrant.
(8) Round-trip ticket.--The alien is in possession of a
round-trip transportation ticket (unless this requirement is
waived by the Attorney General under regulations).
(c) Waiver of Rights.--An alien may not be provided a
waiver under the pilot program unless the alien has waived
any right--
(1) to review or appeal under this Act of an immigration
officer's determination as to the admissibility of the alien
at the port of entry into the United States, or
(2) to contest, other than on the basis of an application
for asylum, any action for deportation against the alien.
(d) Termination of Authority.--Notwithstanding any other
provision of this section, the Attorney General and the
Secretary of State, acting jointly, may terminate the pilot
program under this section on or after a date which is one
year after the date of the establishment of the pilot program
if--
(1) during the preceding fiscal year, the overstay rate for
nationals of the Republic of Korea entering the United States
under the pilot program exceeds the overstay rate of such
nationals entering the United States with valid visas; and
(2) the Attorney General and the Secretary of State have
jointly determined that the pilot program is leading to a
significant increase in the number of overstays by such
nationals.
(e) Special Bond and Notification Requirements for Tour
Operators.--
(1) In general.--Nationals of the Republic of Korea may not
enter the United States under the terms of this section
unless they are accompanied for the duration of their
authorized admission period by a tour operator who has
fulfilled the following requirements:
(A) The tour operator has posted a bond of $200,000 with
the Secretary of State.
(B) The Secretary of State, under such regulations as the
Secretary may prescribe, has approved an application by the
tour operator to escort tour groups to the United States.
(C) The tour operator provides the name, address,
birthdate, passport number, and citizenship of all
prospective tour group members to the Secretary of State no
less than one business day prior to the departure date of the
group, under such regulations as he may prescribe, in order
to determine that the prospective travelers do not represent
a threat to the welfare, health, safety, and security of the
United States.
(D) The tour operator excludes from the tour group any
person whom the Secretary of State denies permission to
travel to the United States.
(E) The tour operator provides written certification or
other such evidence prescribed by the Secretary of State and
Attorney General which documents the return to Korea of each
tour group member.
(2) Forfeiture of bonds.--Bonds posted in accordance with
this subsection shall be forfeited in whole or in part and a
tour operator's authorization to escort tours to the United
States may be suspended or revoked if the Secretary of State
finds that the tour operator--
(A) has failed to disclose a material fact in connection
with the application required under paragraph (1)(B);
(B) fails to comply with the advance notification and
refusal requirements of paragraphs (1)(C) and (1)(D);
(C) has failed to take adequate steps to ensure that
visitors who are being escorted to the United States under
the terms of an approved application return to their country
of residence; or
(D) is found at any time to have committed a felony or any
offense under the immigration laws of the United States.
(f) Participation by Tour Agents.--The Secretary of State
shall periodically review the overstay rate of nationals of
the Republic of Korea that corresponds to each tour agent
participating in the program under this section. The
Secretary may terminate the participation in the program of
any tour agent if the Secretary determines that the
corresponding overstay rate is excessive.
(g) Definitions.--For purposes of this section--
(1) Group tour.--The term ``group tour'' means travelers
who take advantage of group-purchased hotel or airfare
packages, as guided, supervised, and arranged by a tour agent
in the Republic of Korea approved or licensed by the
Department of State.
(2) Overstay rate.--The term ``overstay rate'' means,
during a specified period of time, the proportion that the
number of aliens remaining in the United States after the
expiration of their visas bears to the total number of aliens
entering the United States during that period of time.
(3) Pilot program period.--The term ``pilot program
period'' means the three-year period immediately following
the establishment of the pilot program.
Mr. MURKOWSKI. Mr. President, I rise today to support the
Korea visa waiver pilot project legislation. I have worked closely with
Senators Inouye, Akaka, and Stevens on this legislation. This bill
addresses the problem of the slow issuance of United States tourist
visas to Korean citizens, and their, too often, subsequent decision not
to vacation in the United States.
Koreans typically wait 2 to 3 weeks to obtain visas from the United
States Embassy in Seoul. As a result, these spontaneous travelers
decide to go to one of the other 48 nations that allow them to travel
to their country without a visa, including both Canada and New Zealand.
This bill provides the legal basis for a carefully controlled pilot
program for visa free travel by Koreans to the United States. The
program seeks to capture the Korean tourism market lost due to the
cumbersome visa system. For example, in 1994, 296,706 nonimmigrant
United States visas were granted to Koreans of which 7,000 came to
Alaska. It is predicted that there would be a 500- to 700-percent
increase in Korean tourism to Alaska with the visa waiver pilot
project. In New Zealand, for example, a 700-percent increase in tourism
from Korea occurred after they dropped the visa requirement.
This pilot program allows visitors in a tour group from South Korea
to travel to the United States without a visa. however, it does not
compromise the security standards of the United States. The program
would allow selected travel agencies in Korea to issue temporary travel
permits based on applicants meeting the same preset standards used by
the United States Embassy in Seoul. The travel permits could only be
used for supervised group tours.
Many restrictions are included in the legislation for the pilot
proposal.
The Attorney General and Secretary of State can terminate the program
if the overstay rates in the program are over 2 percent.
The stay of the visitors is less than or equal to 15 days.
The visitors have to have a round-trip ticket, in addition, the
visitors have to arrive by a carrier that agrees to take them back if
they are deemed inadmissible.
We recommend to the Secretary of State to institute a bonding and
licensing requirement that each participating travel agency post a
substantial performance bond and pay a financial penalty if a tourist
fails to return on schedule.
The one-time return of each tourist in the group would be certified
after each tour.
Security checks are done to ensure that the visitor is not a safety
threat to the United States.
This legislation's restrictions ensure that the pilot program will be
a successful program. I urge my colleagues to support this
legislation.
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By Mr. STEVENS (for himself and Mr. Thomas):
S. 1617. A bill to amend title 31, United States Code, to prohibit
the use of appropriated funds by Federal agencies for lobbying
activities; to the Committee on Governmental Affairs.
the federal anti-lobbying act of 1996
Mr. STEVENS. Mr. President, today I rise to introduce the
Federal Agency Anti-Lobbying Act, a bill to prevent Federal agencies
from using taxpayer funds to lobby Congress or encourage others to do
so.
Too many times under the administration, Federal officials have used
their position in an attempt to foster public support or opposition to
pending legislation.
[[Page S2104]]
Spending taxpayer funds on politically motivated lobbying activities
isn't just wasteful, it's wrong.
Taxpayers, who come from all walks of life and all ends of the
political spectrum, should not be forced to finance lobbying activities
on behalf of causes they might oppose, or know nothing about.
Especially in this age of fiscal austerity, no one should ever use
Federal money to lobby the Federal Government. This bill goes after the
most blatant examples--where Federal agencies are producing and
spreading propaganda--and encouraging others to lobby on their behalf.
The abuses addressed by this bill are already illegal, but the
existing law, which employs criminal sanctions, has never been
enforced. It has been subject to many different interpretations by the
Justice Department, but never one that included enforcement.
This bill includes civil sanctions, providing for easier enforcement,
and helps clear up any ambiguities.
Under this bill, the President, the Vice President, and Senate-
confirmed Federal officials are allowed to speak out on the
administration's position--but they cannot place pressure on non-
governmental organizations.
Executive branch officials are allowed to communicate with Congress
directly about upcoming bills.
But the bill does not allow the administration to continue what has
become in essence a grassroots lobbying operation at taxpayer expense.
The bill will bring a halt to the outrageous practice of Government
agencies providing talking points, briefing books, pamphlets, and other
activities undertaken to foster the support or opposition to pending
legislation.
When the Founding Fathers designed our Government, they adhered
strictly to the doctrine of separation of powers. This bill is an
attempt to return our Government to their ideal.
The executive branch should concern itself with implementing the laws
passed by Congress, not with trying to influence the outcome of
legislation for their own--or others' special interests.
The legislative process is the purview of the legislative branch. We
welcome the administration's input, but not their lobbying activities.
This bill will protect the taxpayers by ending these practices.
____________________