[Congressional Record Volume 142, Number 54 (Wednesday, April 24, 1996)]
[Senate]
[Pages S4075-S4076]
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

                                 ______


                       SIMPSON AMENDMENT NO. 3722

  Mr. SIMPSON proposed an amendment to amendment No. 3669 proposed by 
him 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:

       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.
                                 ______


                       SIMPSON AMENDMENT NO. 3723

  Mr. SIMPSON proposed an amendment to amendment No. 3670 proposed by 
him to the bill S. 1664, supra; 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.TThe 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:

[[Page S4076]]

       ``(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. 110(a)(15)).
       This section shall become effective 1 day after the date of 
     enactment.

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