[Congressional Record Volume 142, Number 47 (Monday, April 15, 1996)]
[Senate]
[Pages S3317-S3319]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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    THE IMMIGRATION CONTROL AND FINANCIAL RESPONSIBILITY ACT OF 1996

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                 DORGAN (AND OTHERS) AMENDMENT NO. 3667

  Mr. DORGAN (for himself, Mr. Daschle, Mr. Reid, Mr. Hollings, Mr. 
Ford, Mr. Conrad, and Mr. Feingold) proposed an amendment to the bill 
(S. 1664) to amend the Immigration and Nationality Act to increase 
control over immigration to the United States by increasing border 
patrol and investigative personnel and detention facilities, improving 
the system used by employers to verify citizenship or work-authorized 
alien status, increasing penalties for alien smuggling and document 
fraud, and reforming asylum, exclusion, and deportation law and 
procedures; to reduce the use of welfare by aliens; and for other 
purposes; as follows:

       At the appropriate place, add the following new section:

     SEC.   . SENSE OF THE SENATE ON A BALANCED BUDGET 
                   CONSTITUTIONAL AMENDMENT.

       It is the sense of the Senate that because Section 13301 of 
     the Budget Enforcement Act prohibits the use of the Social 
     Security trust fund surplus to offset the budget deficit, any 
     proposal for a constitutional amendment to balance the budget 
     should contain a provision creating a firewall between the 
     receipts and outlays of the Social Security trust funds and 
     the rest of the federal budget, and that the constitutional 
     amendment should explicitly forbid using the Social Security 
     trust funds to balance the federal budget.
                                 ______


                ABRAHAM (AND OTHERS) AMENDMENT NO. 3668

  (Ordered to lie on the table.)
  Mr. ABRAHAM (for himself, Mr. Feingold, Mr. DeWine, Mr. Simon, Mr. 
Specter, Mr. Santorum, Mr. Warner, Mr. Grams, Mr. Thurmond, Mr. Levin, 
and Mr. Bond) submitted an amendment intended to be proposed by them to 
the bill S. 1664, supra; as follows:

       At the appropriate place in the bill, insert the following:

[[Page S3318]]

     SEC.   . SENSE OF SENATE REGARDING SEPARATE CONSIDERATION OF 
                   ISSUES RELATING TO LEGAL IMMIGRATION AND 
                   ILLEGAL IMMIGRATION.

       (a) Findings.--The Senate makes the following findings:
       (1) One of the first responsibilities of any government is 
     to protect its borders.
       (2) The Federal Government has failed in this 
     responsibility, both by permitting large numbers of 
     individuals to enter into the United States illegally and by 
     failing to take effective actions against individuals who 
     overstay their visas.
       (3) It is urgent that the Congress address the problem of 
     illegal immigration promptly and expeditiously.
       (4) The Committee on the Judiciary of the Senate has 
     ordered reported to the Senate a bill, S. 269, intended to 
     address illegal entry into the United States by improving the 
     patrol of United States borders and to address the overstay 
     of visas by keeping track of and punishing individuals who 
     overstay their visas.
       (5) Congress has historically considered issues relating to 
     illegal immigration separately from issues relating to legal 
     immigration.
       (6) The Committee on the Judiciary, after deliberating 
     carefully about the consideration of legislation between the 
     104th Congress on legal immigration and illegal immigration, 
     decided that the Senate should consider issues relating to 
     legal immigration separately from issues relating to illegal 
     immigration and ordered reported to the Senate separate bills 
     to address such issues, S. 269 and S. 1394.
       (7) The House of Representatives has expressed its 
     agreement with the proposal to consider issues relating to 
     legal immigration separately from issues relating to illegal 
     immigration by adopting an amendment to the bill on 
     immigration being considered by the House of Representatives, 
     H.R. 2202, which struck all provisions of that bill relating 
     to family immigration.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the issues addressed in S. 269, a bill to control illegal 
     immigration into the United States, should be considered by 
     the Senate separately from the issues addressed in S. 1394, a 
     bill to reform legal immigration into the United States.
                                 ______


                       SIMPSON AMENDMENT NO. 3669

  Mr. SIMPSON proposed an amendment to the bill S. 1664, supra; as 
follows:

       (1) After sec. 213 of the bill, add the following new 
     section:

     ``SEC. 214. USE OF PUBLIC SCHOOLS BY NONIMMIGRANT FOREIGN 
                   STUDENTS.

       ``(a) Persons Eligible for Student Visas.--Section 
     101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amended--
       ``(1) in clause (i) by striking `academic high school, 
     elementary school, or other academic institution or in a 
     language training program' and inserting in lieu thereof 
     `public elementary or public secondary school (if the alien 
     shows to the satisfaction of the consular officer at the time 
     of application for a visa, or of the Attorney General at the 
     time of application for admission or adjustment of status, 
     that (I) the alien will in fact reimburse such public 
     elementary or public secondary school for the full, 
     unsubsidized per-capita cost of providing education at such 
     school to an individual pursuing such a course of study, or 
     (II) the school waives such reimbursement), private 
     elementary or private secondary school, or postsecondary 
     academic institution, or in a language-training program'; and
       ``(2) by inserting before the semicolon at the end of 
     clause (ii) the following: `: Provided, That nothing in this 
     paragraph shall be construed to prevent a child who is 
     present in the United States in a nonimmigrant status other 
     than that conferred by paragraph (B), (C), (F)(i), or (M)(i), 
     from seeking admission to a public elementary school or 
     public secondary school for which such child may otherwise be 
     qualified.'.
       ``(b) Exclusion of Student Visa Abusers.--Section 212(a) (8 
     U.S.C. 1182(a)) is amended by adding at the end the following 
     new paragraph:
       `(9) Student visa abusers.--Any alien described in section 
     101(a)(15)(F) who is admitted as a student for study at a 
     private elementary school or private secondary school and who 
     does not remain enrolled, throughout the duration of his or 
     her elementary or secondary school education in the United 
     States, at either (A) such a private school, or (B) a public 
     elementary or public secondary school (if (I) the alien is in 
     fact reimbursing such public elementary or public secondary 
     school for the full, unsubsidized per-capita cost of 
     providing education at such school to an individual pursuing 
     such a course of study, or (II) the school waives such 
     reimbursement), is excludable.'.
       ``(c) Deportation of Student Visa Abusers.--Section 241(a) 
     (8 U.S.C. 1251(a)) is amended by adding at the end the 
     following new paragraph:
       `(6) Student visa abusers.--Any alien described in section 
     101(a)(15)(F) who is admitted as a student for study at a 
     private elementary school or private secondary school and who 
     does not remain enrolled, throughout the duration of his or 
     her elementary or secondary school education in the United 
     States, at either (A) such a private school, or (B) a public 
     elementary or public secondary school (if (I) the alien is in 
     fact reimbursing such public elementary or public secondary 
     school for the full, unsubsidized per-capita cost of 
     providing education at such school to an individual pursuing 
     such a course of study, or (II) the school waives such 
     reimbursement), is deportable.'.''.
                                 ______


                       SIMPSON AMENDMENT NO. 3670

  Mr. SIMPSON proposed an amendment to the bill S. 1664, supra; as 
follows:

     SEC.  . PILOT PROGRAM TO COLLECT INFORMATION RELATING TO 
                   NONIMMIGRANT FOREIGN STUDENTS.

       (a) In General.--(1) The Attorney General and the Secretary 
     of State shall jointly develop and conduct a pilot program to 
     collect electronically from approved colleges and 
     universities in the United States the information described 
     in subsection (c) with respect to aliens who--
       (A) have the status, or are applying for the status, of 
     nonimmigrants under section 101(a)(15) (F), (J), or (M) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(15) 
     (F), (J), or (M)); and
       (B) are nationals of the countries designated under 
     subsection (b).
       (2) The pilot program shall commence not later than January 
     1, 1998.
       (b) Covered Countries.--The Attorney General and the 
     Secretary of State shall jointly designate countries for 
     purposes of subsection (a)(1)(B). The Attorney General and 
     the Secretary shall initially designate not less than five 
     countries and may designate additional countries at any time 
     while the pilot program is being conducted.
       (c) Information To Be Collected.--
       (1) In General.--The information for collection under 
     subsection (a) consists of--
       (A) the identify and current address in the United States 
     of the alien;
       (B) the nonimmigrant classification of the alien and the 
     date on which a visa under the classification was issued or 
     extended or the date on which a change to such classification 
     was approved by the Attorney General; and
       (C) the academic standing of the alien, including any 
     disciplinary action taken by the college or university 
     against the alien as a result of the alien's being convicted 
     of a crime.
       (2) FERPA.--The Family Educational Rights and Privacy Act 
     of 1974 (20 U.S.C. 1232g) shall not apply to aliens described 
     in subsection (a) to the extent that the Attorney General and 
     the Secretary of State determine necessary to carry out the 
     pilot program.
       (d) Participation by Colleges and Universities.--(1) The 
     information specified in subsection (c) shall be provided by 
     approved colleges and universities as a condition of--
       (A) the continued approval of the colleges and universities 
     under section 101(a)(15) (F) or (M) of the Immigration and 
     Nationality Act, or
       (B) the issuance of visas to aliens for purposes of 
     studying, or otherwise participating, at such colleges and 
     universities in program under section 101(a)(15)(J) of such 
     Act.
       (2) If an approved college or university fails to provide 
     the specified information, such approvals and such issuance 
     of visas shall be revoked or denied.
       (e) Funding.--(1) The Attorney General and the Secretary 
     shall use funds collected under section 281(b) of the 
     Immigration and Nationality Act, as added by this subsection, 
     to pay for the costs of carrying out this section.
       (2) Section 281 of the Immigration and Nationality Act (8 
     U.S.C. 1351) is amended--
       (A) by inserting ``(a)'' after ``SEC. 281.''; and
       (B) by adding at the end the following:
       ``(b)(1) In addition to fees that are prescribed under 
     subsection (a), the Secretary of State shall improve and 
     collect a fee on all visas issued under the provisions of 
     section 101(a)(15) (F), (J), or (M) of the Immigration and 
     Nationality Act. With respect to visas issued under the 
     provisions of section 101(a)(15)(J), this subsection shall 
     not apply to those ``J'' visa holders whose presence in the 
     United States is sponsored by the United States government.''
       ``(2) The Attorney General shall impose and collect a fee 
     on all changes of nonimmigrant status under section 248 to 
     such classifications. This subsection shall not apply to 
     those ``J'' visa holders whose presence in the United States 
     is sponsored by the United States government.''
       ``(3) Except as provided in section 205(g)(2) of the 
     Immigration Reform Act of 1996, the amount of the fees 
     imposed and collected under paragraphs (1) and (2) shall 
     be the amount which the Attorney General and the Secretary 
     jointly determine is necessary to recover the costs of 
     conducting the information-collection program described in 
     subsection (a), but may not exceed $100.
       ``(4) Funds collected under paragraph (1) shall be 
     available to the Attorney General and the Secretary, without 
     regard to appropriation Acts and without fiscal year 
     limitation, to supplement funds otherwise available to the 
     Department of Justice and the Department of State, 
     respectively.''
       (3) The amendments made by paragraphs (1) and (2) shall 
     become effective April 1, 1997.
       (f) Joint Report.--Not later than five year after the 
     commencement of the pilot program established under 
     subsection (a), the Attorney General and the Secretary of 
     State shall jointly submit to the Committees on the Judiciary 
     of the United States Senate and House of Representatives on 
     the operations of the pilot program and the feasibility of 
     expanding the program to cover the nationals of all 
     countries.

[[Page S3319]]

       (g) Worldwide Applicability of the Program.--(1)(A) Not 
     later than six months after the submission of the report 
     required by subsection (f), the Secretary of State and the 
     Attorney General shall jointly commence expansion of the 
     pilot program to cover the nationals of all countries.
       (B) Such expansion shall be completed not later than one 
     year after the date of the submission of the report referred 
     to in subsection (f).
       (2) After the program has been expanded, as provided in 
     paragraph (1), the Attorney General and the Secretary of 
     State may, on a periodic basis, jointly revise the amount of 
     the fee imposed and collected under section 281(b) of the 
     Immigration and Nationality Act in order to take into account 
     changes in the cost of carrying out the program.
       (h) Definition.--As used in this section, the phrase 
     ``approved colleges and universities'' means colleges and 
     universities approved by the Attorney General, in 
     consultation with the Secretary of Education, under 
     subparagraph (F), (J), or (M) of section 101(a)(15) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).
                                 ______


                       SIMPSON AMENDMENT NO. 3671

  Mr. SIMPSON proposed an amendment to the bill S. 1664, supra; as 
follows:

       After section 115 of the bill, add the following new 
     section:

     ``SEC. 115A. FALSE CLAIMS OF U.S. CITIZENSHIP.

       ``(a) Exclusion of Aliens Who Have Falsely Claimed U.S. 
     Citizenship.--Section 212(a)(9) (8 U.S.C. 1182(a)(9)) is 
     amended by adding at the end the following new subparagraph:
       `(D) Falsely claiming citizenship.--Any alien who falsely 
     represents, or has falsely represented, himself to be a 
     citizen of the United States is excludable.'; and
       ``(b) Deportation of Aliens Who Have Falsely Claimed U.S. 
     Citizenship.--Section 241(a) (8 U.S.C. 1251(a)) is amended by 
     adding at the end the following new paragraph:
       `(6) Falsely claiming citizenship.--Any alien who falsely 
     represents, or has falsely represented, himself to be a 
     citizen of the United States is deportable.'.''.
                                 ______


                       SIMPSON AMENDMENT NO. 3672

  Mr. SIMPSON proposed an amendment to amendment No. 3667 proposed by 
Mr. Dorgan to the bill S. 1664, supra; as follows:

       Strike all after the word ``sec.'' and insert the 
     following:
       (1) social security is supported by taxes deducted from 
     workers' earnings and matching deductions from their 
     employers that are deposited into independent trust funds;
       (2) over 42,000,000 Americans, including over 3,000,000 
     children and 5,000,000 disabled workers and their families, 
     receive social security benefits;
       (3) social security is the only pension program for 60 
     percent of older Americans;
       (4) almost 60 percent of older beneficiaries depend on 
     social security for at least half of their income and 25 
     percent depend on social security for at least 90 percent of 
     their income;
       (5) 138,000,000 American workers pay taxes into the social 
     security system;
       (6) social security is currently a self-financed program 
     that is not contributing to the Federal budget deficit; in 
     fact, the social security trust funds now have over 
     $400,000,000,000 in reserves and that surplus will increase 
     during fiscal year 1995 alone by an additional 
     $70,000,000,000;
       (7) these current reserves will be necessary to pay monthly 
     benefits for current and future beneficiaries when the annual 
     surpluses turn to deficits after 2018;
       (8) recognizing that social security is currently a self-
     financed program, Congress in 1990 established a ``firewall'' 
     to prevent a raid on the social security trust funds;
       (9) raiding the social security trust funds would further 
     undermine confidence in the system among younger workers;
       (10) the American people overwhelmingly reject arbitrary 
     cuts in social security benefits; and
       (11) social security beneficiaries throughout the nation 
     deserve to be reassured that their benefits will not be 
     subject to cuts and their social security payroll taxes will 
     not be increased as a result of legislation to implement a 
     balanced budget amendment to the United States Constitution.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that any legislation required to implement a balanced budget 
     amendment to the United States Constitution shall 
     specifically prevent social security benefits from being 
     reduced or social security taxes from being increased to meet 
     the balanced budget requirement.

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