[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3149 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 3149

 To provide for the collection of information relating to nonimmigrant 
       foreign students and other exchange program participants.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 4 (legislative day, September 22), 2000

   Mr. Hatch introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide for the collection of information relating to nonimmigrant 
       foreign students and other exchange program participants.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. MORE EFFICIENT COLLECTION OF INFORMATION FEE.

    Section 641(e) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104-208) is 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``an approved institution of higher 
                education and a designated exchange visitor program'' 
                and inserting ``the Attorney General'';
                    (B) by striking ``the time--'' and inserting the 
                following: ``a time prior to the alien being classified 
                under subparagraph (F), (J), or (M) of section 
                101(a)(15) of the Immigration and Nationality Act.''; 
                and
                    (C) by striking subparagraphs (A) and (B);
            (2) by amending paragraph (2) to read as follows:
            ``(2) Remittance.--The fees collected under paragraph (1) 
        shall be remitted by the alien pursuant to a schedule 
        established by the Attorney General for immediate deposit and 
        availability as described under section 286(m) of the 
        Immigration and Nationality Act.'';
            (3) in paragraph (3)--
                    (A) by striking ``has'' the first place it appears 
                and inserting ``seeks''; and
                    (B) by striking ``has'' the second place it appears 
                and inserting ``seeks to'';
            (4) in paragraph (4)--
                    (A) by inserting before the period at the end of 
                the second sentence of subparagraph (A) the following: 
                ``, except that, in the case of an alien admitted under 
                section 101(a)(15)(J) of the Immigration and 
                Nationality Act as an au pair, camp counselor, or 
                participant in a summer work travel program, the fee 
                shall not exceed $40''; and
                    (B) by adding at the end of subparagraph (B) the 
                following new sentence: ``Such expenses include, but 
                are not necessarily limited to, those incurred by the 
                Secretary of State in connection with the program under 
                subsection (a).''; and
            (5) by adding at the end the following new paragraphs:
            ``(5) Proof of payment.--The alien shall present proof of 
        payment of the fee before the granting of--
                    ``(A) a visa under section 222 of the Immigration 
                and Nationality Act or, in the case of an alien who is 
                exempt from the visa requirement described in section 
                212(d)(4) of the Immigration and Nationality Act, 
                admission to the United States; or
                    ``(B) change of nonimmigrant classification under 
                section 248 of the Immigration and Nationality Act to a 
                classification described in paragraph (3).
            ``(6) Implementation.--The provisions of section 553 of 
        title 5, United States Code (relating to rule-making) shall not 
        apply to the extent the Attorney General determines necessary 
        to ensure the expeditious, initial implementation of this 
        section.''.

SEC. 2. NEW TIME-FRAME FOR IMPLEMENTATION OF DATA COLLECTION PROGRAM.

    Section 641(g)(1) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104-208) is 
amended to read as follows:
            ``(1) Expansion of program.--Not later than 12 months after 
        the submission of the report required by subsection (f), the 
        Attorney General, in consultation with the Secretary of State 
        and the Secretary of Education, shall commence expansion of the 
        program to cover the nationals of all countries.''.

SEC. 3. TECHNICAL AMENDMENTS.

    Section 641 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104-208) is 
amended--
            (1) in subsection (h)(2)(A), by striking ``Director of the 
        United States Information Agency'' and inserting ``Secretary of 
        State''; and
            (2) in subsection (d)(1), by inserting ``institutions of 
        higher education or exchange visitor programs'' after ``by''.
                                 <all>