Speech #1020121575

Mr. President. I am pleased to join today with the chairman and ranking member of the Immigration Subcommittee. Senators KENNEDY and SIMPSON. in support of their amendment to H.R. 3049. the Judicial Naturalization Amendments of 1991. I am particularly pleased that title II of this amendment contains the provisions from H.R. 3048. Passage of this legislation finally will bring to an end the controversy with respect to the admission of "0" and "P" nonimmigrant visas for performing artists. entertainers. and athletes. The purpose of this legislation is to correct the flaws found in the Immigration Act of 1990. Though the proponents of the Housedrafted provisions creating the "0" and "P" visas argued last year that these new categories would not represent a departure from the current H1 visa category. it was clear after passage that this was not the case. In fact. after the Immigration and Naturalization Service published proposed regulations governing the "0" and "P" visas last July. it became strikingly clear that these provisions would have a significantly adverse affect on the ability of talented artists. entertainers and athletes from sharing their excellence and innovation in our country. California is wellknown throughout the world as a cultural mecca of creative motion pictures. music. and other unique forms of arts and entertainment. It thrives in this role because of the significant contributions and performances given by firstrate talent from every corner of the globe. Thus. it was no surprise when the leaders of the California arts and entertainment community first met with me and my staff to express their strong concerns that the "0" and "P" provisions and regulations would artificially restrict the cultural exchanges that are essential to their programs. At the same time. I also heard from concerned Californians who rightly feared that afiy change in the 1990 act may undermine effective enforcement mechanisms and procedures that attempt to limit abuse of the nonimmigrant visa process. Abuse of this process has had a real and adverse affect on employment opportunities in this country to equally qualified Americans. Furthermore. I was concerned that the provisions in the 1990 act. if left unchanged. would prompt other nations to retaliate and impose unnecessary travel and visa restrictions on American entertainers. Despite the fact that exporting American arts and entertainments this Nations third largest generator of trade surplus. many countries currently have arbitrary restrictions on nonimmigrant visas for American artists and specialists. If we expect these nations to reduce their unfair barriers. then we must set the example and pursue fair nonimmigrant regulations and effective enforcement of those regulations. This balanced approach serves both goals of protecting American Jobs and sharing the accomplishments of foreign and American artists and entertainers. Fortunately. a balanced approach was achieved last September. With the assistance of my colleagues and their staffs of the Immigration Subcommittee. leaders of the arts community and organized labor worked diligently on compromise legislation. This legislation. S. 1776. of which I am a cosponsor. was introduced on September 30. and was largely incorporated in the House companion legislation.