[Congressional Record Volume 142, Number 54 (Wednesday, April 24, 1996)]
[Senate]
[Pages S4012-S4016]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
IMMIGRATION CONTROL AND FINANCIAL RESPONSIBILITY ACT
The PRESIDING OFFICER. Under the previous order, the Senate will now
resume consideration of S. 1664, which the clerk will report.
The legislative clerk read as follows:
A 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.
The Senate resumed consideration of the bill.
Pending:
Dorgan amendment No. 3667, to express the sense of the
Senate that a balanced budget constitutional amendment should
protect the Social Security system by excluding the receipts
and outlays of the Social Security trust funds from the
budget.
Simpson amendment No. 3669, to prohibit foreign students on
F-1 visas from obtaining free public elementary or secondary
education.
Simpson amendment No. 3670, to establish a pilot program to
collect information relating to nonimmigrant foreign
students.
Simpson amendment No. 3671, to create new ground of
exclusion and of deportation for falsely claiming U.S.
citizenship.
Simpson amendment No. 3672 (to amendment No. 3667), in the
nature of a substitute.
The PRESIDING OFFICER. The Senator from Wyoming.
Mr. SIMPSON. Mr. President, just a prefatory remark, with regard to
my friend from North Dakota.
I enjoy working with the Senator from North Dakota. We are near
neighbors in that part of the world. I can understand the depth of his
very honest conviction about Social Security and the balanced budget.
It is not an opinion I share, because I feel that the Social Security
System is going to go broke, whether you have it on budget, off budget,
hanging from space or coming out of the Earth. It is going to go broke
in the year 2029. It is going to start its huge swan song in 2012, and
the reason we know that is because the trustees of the system are
telling us that. So I understand completely.
He is sincere in what he is doing. He is a believer in that cause and
he is persistent, dogged, and I know that very well. So, in that
situation we will just see how it all plays out.
Amendment No. 3669
Mr. SIMPSON. So the status of the floor is that the bill is now
reported.
[[Page S4013]]
I, therefore, ask that the Chair lay before the Senate amendment No.
3669.
The PRESIDING OFFICER. The amendment is now before the Senate.
(The text of amendment No. 3669 was printed in the Record
of April 15, 1996.)
Mr. SIMPSON addressed the Chair.
The PRESIDING OFFICER. The Senator from Wyoming.
Amendment No. 3722 To Amendment No. 3669
Mr. SIMPSON. I send a second-degree amendment to the amendment.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Wyoming [Mr. Simpson] proposes an
amendment numbered 3722 to amendment No. 3669.
Mr. SIMPSON. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
Strike all after the first word and insert:
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.'; and
``(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.'.''.
This section shall become effective 1 day after the date of
enactment.
Amendment No. 3670
Mr. SIMPSON. Mr. President, I now ask the Chair lay before the Senate
amendment No. 3670.
The PRESIDING OFFICER. The amendment is now before the Senate.
(The text of amendment No. 3670 was printed in the Record of April
15, 1996.)
Mr. SIMPSON addressed the Chair.
The PRESIDING OFFICER. The Senator from Wyoming.
Amendment No. 3723 to Amendment No. 3670
Mr. SIMPSON. I send a second-degree amendment to the amendment.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Wyoming [Mr. Simpson] proposes an
amendment numbered 3723 to amendment No. 3670.
Mr. SIMPSON. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
Strike all after the first word and insert:
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 identity 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 a 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 impose 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 years after the
commencement of the pilot program established under
subsection (a), the Attorney General and the Secretary of
State 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.
(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.
[[Page S4014]]
(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 expended, 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)).
This section shall become effective 1 day after the date of
enactment.
Amendment No. 3671
Mr. SIMPSON. I ask the Chair lay before the Senate amendment No.
3671.
The PRESIDING OFFICER. The amendment is now before the Senate.
(The text of amendment No. 3671 was printed in the Record of April
15, 1996.)
Mr. KENNEDY. Mr. President, I send a second-degree amendment on the
minimum wage.
Mr. SIMPSON. Mr. President, I do have the floor.
Amendment No. 3724 To Amendment No. 3671
Mr. SIMPSON. I send a second-degree amendment to the desk.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Wyoming [Mr. Simpson] proposes an
amendment numbered 3724 to amendment No. 3671.
Mr. SIMPSON. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
Strike all after the first word and insert:
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.'.''.
This section shall become effective 1 day after the date of
enactment.
Motion To Recommit
Mr. SIMPSON. Mr. President, I move to recommit S. 1664 to the
Judiciary Committee with instructions to report back forthwith. I send
a motion to the desk.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Wyoming [Mr. Simpson] moves to recommit S.
1664 to the Committee on the Judiciary.
Mr. SIMPSON. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
Mr. SIMPSON. Mr. President, I now send an amendment to the desk to
the motion.
The PRESIDING OFFICER. Is there a sufficient second?
Mr. KENNEDY. Mr. President, a point of order, there was not a
sufficient second.
The PRESIDING OFFICER. There was not a sufficient second.
Mr. KENNEDY. Mr. President, I suggest the absence of a quorum.
Mr. SIMPSON. Mr. President, I ask for the yeas and nays. There is a
sufficient second on the floor.
The PRESIDING OFFICER. Is there a sufficient second?
There is not a sufficient second.
Mr. SIMPSON. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. SIMPSON. Mr. President, I ask unanimous consent that further
proceedings under the quorum call be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. SIMPSON. Mr. President, I shall renew the request, Mr. President,
and ask for the yeas and nays on the motion.
The PRESIDING OFFICER. Is there a sufficient second? There is a
sufficient second.
The yeas and nays were ordered.
Amendment No. 3725 To Instructions of Motion To Recommit
Mr. SIMPSON. Mr. President, I now send to the desk an amendment to
the motion.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Wyoming [Mr. Simpson] proposes amendment
numbered 3725 to instructions of motion to recommit S. 1664.
Mr. SIMPSON. Mr. President, I ask unanimous consent that further
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
Add at the end of the instructions the following: ``that
the following amendment be reported back forthwith.
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.'; and
``(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.'.''.
Mr. SIMPSON. Mr. President, I ask for the yeas and nays on the
amendment.
The PRESIDING OFFICER. Is there a sufficient second? There is a
sufficient second.
The yeas and nays were ordered.
Amendment No. 3726 To Amendment No. 3725
Mr. SIMPSON. Mr. President, I send a second-degree amendment to the
desk.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Wyoming [Mr. Simpson] proposes amendment
numbered 3726 to amendment No. 3725.
Mr. SIMPSON. Mr. President, I ask unanimous consent that further
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
At the end of the amendment to the instructions to the
motion to recommit, insert the following new section:
[[Page S4015]]
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 a 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 impose 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 years 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.
(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)).
Mr. SIMPSON. Mr. President, I appreciate the good will of my friend
from Massachusetts. I think after an explanation of what the procedure
was, even though I know that that is a difficult one, that
nevertheless, it is appropriate under the rules. I had expressed to the
Senator from Massachusetts and to the Senator from North Dakota that it
would be my intent to proceed and move forward with regard to this
issue. These other issues, I hope, can be addressed at some other
forum.
The pending business of the U.S. Senate for the last week has been
the illegal immigration bill, not the balanced budget amendment, not
Social Security, not the minimum wage, not anything. It has been set
aside, and we have handled some very significant legislation in the
interim.
I want to commend Senator Kennedy and Senator Kassebaum for the work
that they did, which was quite evident, the worth of it and the success
of it, by a vote of 100 to 0, on an issue that has been creating
tremendous difficulty with all of us. We have started down the road of
reform with regard to health care, incremental as it is, but certainly
something that the Senator from Massachusetts has been involved in in
his entire career in the U.S. Senate.
Sometimes he is a vexing adversary, sometimes he is a warm and
helpful ally; but there is one thing the Senator from Massachusetts is,
he is a master legislator. We do not have to agree, but if there is
anyone who knows more about legislating in this place, I mean day-to-
day legislating, the rules, the procedures of legislating, not simply
procedure--that helps--then it certainly is the Senator from
Massachusetts who is one of the most able in this arena. With that--and
I do not want to get too heavy; that would be totally uncharacteristic
and unnecessary, Mr. President--I am pleased that we are once again
considering the very important issue of immigration reform. This is
about immigration reform.
As the majority leader mentioned last week, wherever one visits in
this country, the issue is: When is Congress going to do something
about immigration? That always comes up. The people of this country
want reform. They want those who are not supposed to be in this country
to be removed from this country. They do not want those who are subject
to deportation to be allowed to roam the United States at will while
awaiting their removal, also, working and taking away the jobs of
American citizens. They want a reduction in overall immigration
numbers. That is what they tell us on a consistent basis.
We now have an opportunity to accomplish all of that. We have a very
good bill before us, and we have many amendments proposed, some of
which will improve the legislation. There will be amendments. Those
have been submitted. Those should be known to Members and staff by this
time. We will proceed with those. I trust my colleagues will bring
these amendments to the floor so we may conclude this contentious but
important and consistent and ever-present debate and pass comprehensive
immigration reform during this week.
The Barbara Jordan Commission left a statement which I think is
worthy of all of us to be reminded of on this date. It was to this
effect: The credibility of immigration policy can be measured by a
simple yardstick. These are the words of Barbara Jordan, former
Congresswoman, remarkable, remarkable American, a woman I greatly
admired and respected and was honored to participate at the memorial
service on her behalf at the Kennedy Center. That was a very, very
emotional and touching thing for me. She said the simple yardstick is
this: People who should
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get in, do get in; people who should not get in are kept out; and
people who are judged deportable are required to leave. You cannot
state it any more clearly than that.
The pending business is a Simpson second-degree amendment on a motion
to recommit. This is the Simpson amendment No. 2, the pilot program. I
believe that is now the pending business. I believe the debate on that
amendment has been had. It was at the desk. Let me just refresh your
memory on that. That was the amendment to provide a pilot student-
tracking program. The aim was to enable the INS to keep track of
foreign students studying in this country. The amendment would provide
a source of funding to the INS to establish a very basic, computer-
based system for keeping track of foreign students. It is a measure
supported by the FBI Director, who expressed deep concerns about our
ability to track such students in a 1994 memo regarding possible entry
venues for tourists.
This is not an intrusive provision. Colleges and universities already
are required to provide this sort of information to the INS. The
problem in the past has been that the INS has not devoted sufficient
resources to this activity to create a body of reliable information. So
the amendment's aim is to provide funding so the INS can implement a
system to keep track of foreign students studying here. It seems
reasonable that such funding should come from the students themselves
and not from the taxpayer. A student who is willing to pay $10,000 or
$20,000 in this country or $80,000 to $100,000 over the course of
study, is unlikely to be greatly concerned at being asked to pay an
additional fee of $50 or $100 for the issuance of a student visa.
That is the substance of the amendment. I inquire if there is further
debate on the amendment, or move the question on the amendment.
Mr. KENNEDY. Mr. President, effectively, in terms of the substance of
the legislation that we have before the Senate, I support these three
amendments, for the reasons we outlined the other evening when we
commenced the debate on these items. One allows us to be able to track
foreign students to find out what happens to those students. We are
unable to do so now. There is a serious question about whether the
foreign student visas are being used for real education or as another
way to circumvent the laws. That is reasonable.
The second amendment deals with the situation where a young person
gets a students visa to be able to come in and attend a private
university and is able to demonstrate he or she has the resources to be
able to do it and then makes a decision, after he or she is here, to go
to a public university. It is a drain on the taxpayer funds. We want to
address that situation. It is not unimportant. We are supportive of
that particular legislation.
A final amendment deals with an individual who, either for employment
or to get some kind of support funding, makes a false claim that they
are a citizen when they are not. The amendment makes them subject to
deportation. I think that makes a good deal of sense. If an individual
is trying to either displace an American in a job and misrepresents his
or her status by lying to the employer and stating that he or she is a
citizen, or stating to other local or State or Federal officials that
he or she is a citizen, when they are not, in order to benefit from
some other kind of emergency services, that individual, I believe,
ought to be subject to deportation.
On the substance of these amendments, I support all of them. The
second-degree amendments are only a means for effectively denying the
opportunity to amend the underlying amendments. As I understand, the
substance of those is to change the date of enactment of those
particular provisions by a day, meeting the requirements of the Senate
rules in not changing the substance of it.
Finally, Mr. President, I understand that because of the changes in
the parliamentary situation, now we will address those three at
whatever time it is fine to move ahead on those amendments as far as
this Senator is concerned. There may be other considerations which
would dictate a time designated by the majority-minority leaders for
the consideration of those measures.
Instead, moving back, then, to what would have been the Dorgan
amendment and have that the pending business through the changes in the
parliamentary situation which were just agreed to. The Dorgan
amendment, for all intents and purposes, would not be the pending
business. There would be then an opportunity after these amendments are
addressed to amend the underlying legislation at that time. The pending
business would no longer be the Dorgan amendment.
For those who are interested, both Senator Dorgan and myself will, at
least hopefully, have some opportunity to address for a brief time, but
hopefully within an agreement of a short timeframe, either the minimum
wage or Senator Dorgan's amendment.
I was glad to try to place the minimum wage as a second degree to
underlying amendments previously. We did not have the opportunity to do
so. Perhaps there will be an effort to completely foreclose the
opportunity to address it, but it is certainly my intention not to
delay this legislation but for a short timeframe to address the minimum
wage. This legislation will be before the Senate for a time, and we
will try to at least see if there is some opportunity to do so. I know
that is not the desire of the floor manager to move ahead. In any
event, that would be my intention.
I yield to the majority leader without losing the right of
recognition after he has concluded.
The PRESIDING OFFICER. Without objection, it is so ordered.
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