[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

[[Page S4016]]

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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