[Congressional Record Volume 142, Number 54 (Wednesday, April 24, 1996)]
[Senate]
[Pages S4076-S4080]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       SIMPSON AMENDMENT NO. 3724

  Mr. SIMPSON proposed an amendment to amendment No. 3671 proposed by 
him to the bill S. 1664, supra; 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.
                                 ______


                       SIMPSON AMENDMENT NO. 3725

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

       Add at the end of the instructions the following: ``that 
     the following amendment be reported back forthwith.
       (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.'; 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.'.''.
                                 ______


                       SIMPSON AMENDMENT NO. 3726

  Mr. SIMPSON proposed an amendment to amendment No. 3725 proposed by 
him to the bill S. 1664, supra; as follows:

       At the end of the amendment to this instructions to the 
     motion to recommit, insert the following new section:

     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 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) Particiaption 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.

[[Page S4077]]

       (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)).
                                 ______


                       SIMPSON AMENDMENT NO. 3727

  Mr. SIMPSON proposed an amendment to amendment No. 3725 proposed by 
him to the bill S. 1664, supra; as follows:

       Strike the last word in the pending amendment and insert: 
     ``Act (8 U.S.C. 110(a)(15)).

     ``SEC.   . 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. 3728

  Mr. SIMPSON proposed an amendment to amendment No. 3725 proposed by 
him to the bill S. 1664, supra; as follows:

       Strike all after the last word in the amendment and insert: 
     ``deportable.

     ``SEC.   . VOTING BY ALIENS.

       ``(a) Criminal Penalty for Voting by Aliens in Federal 
     Election.--Title 18. United States Code, is amended by adding 
     the following new section:

     `Sec. 611. Voting by aliens

       `(a) It shall be unlawful for any alien to vote in any 
     election held solely or in part for the purpose of electing a 
     candidate for the office of President, Vice President, 
     Presidential elector, Member of the Senate, Member of the 
     House of Representatives, Delegate from the District of 
     Columbia, or Resident Commissioner, unless--
       `(1) the election is held partly for some other purpose;
       `(2) aliens are authorized to vote for such other purpose 
     under a State constitution or statute or a local ordinance; 
     and
       `(3) voting for such other purpose is conducted 
     independently of voting for a candidate for such Federal 
     offices, in such a manner that an alien has the opportunity 
     to vote for such other purpose, but not an opportunity to 
     vote for a candidate for any one or more of such Federal 
     offices.'
       `(b) Any person who violates this section shall be fined 
     not more than $5,000 or imprisoned not more than one year or 
     both.';
       ``(b) Exclusion of Aliens Who Have Unlawfully Voted.--
     Section 212(a) (8 U.S.C. 1182(a)) is amended by adding at the 
     end the following new paragraph:
       `(9) Unlawful voters.--Any alien who has voted in violation 
     of any Federal, State, or local constitutional provision, 
     statute, ordinance, or regulation is excludable.'; and
       ``(c) Deportation of Aliens Who Have Unlawfully Voted.--
     Section 241(a) (8 U.S.C. 1251(a)) is amended by adding at the 
     end the following new paragraph:
       `(6) Unlawful voters.--Any alien who has voted in violation 
     of any Federal, State, or local constitutional provision, 
     statute, ordinance, or regulation is deportable.'.''.
                                 ______


                       SIMPSON AMENDMENT NO. 3729

  Mr. SIMPSON proposed an amendment to amendment No. 3725 proposed by 
him to the bill S. 1664, supra; as follows:

       Strike all after the last word and insert the following 
     ``deportable.

     ``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) Deporttion 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. 3730

  Mr. SIMPSON proposed an amendment to amendment No. 3725 proposed by 
him to the bill S. 1664, supra; as follows:

       Strike all after the last word in the amendment and insert: 
     ``enactment.

[[Page S4078]]

     ``SEC.  .OPEN-FIELD SEARCHES.

       (a) Repeal.--Section 116 of Public Law 99-603 and section 
     287(e) of the Immigration and Nationality Act (8 U.S.C. 
     1357(e)) are repealed.
       ``(b) Redesignation of Provision.--Subsection (f) of 
     section 287 of that Act is redesignated as subsection (e) of 
     that section.''
                                 ______


                  ROBB (AND WARNER) AMENDMENT NO. 3731

  (Ordered to lie on the table.)
  Mr. ROBB (for himself and Mr. Warner) submitted an amendment intended 
to be proposed by them to the bill S. 1664, supra; as follows:

       At the appropriate place, insert the following new section:

     SEC.   . CHANGES IN SPECIAL IMMIGRANT STATUS.

       (a) Repeal of Certain Obsolete Provisions.--Section 
     101(a)(27) (8 U.S.C. 1101(a)(27)) is amended by striking 
     subparagraphs (B), (E), (F), (G), and (H).
       (b) Special Immigrant Status for Certain NATO Civilian 
     Employees.--Section 101(a)(27) (8 U.S.C. 1101(a)(27)) is 
     further amended--
       (1) by striking ``or'' at the end of subparagraph (J),
       (2) by striking the period at the end of subparagraph (K) 
     and inserting ``; or'', and
       (3) by adding at the end the following subparagraph:
       ``(L) an immigrant who would be described in clause (i), 
     (ii), (iii), or (iv) of subparagraph (I) if any reference in 
     such a clause--
       ``(i) to an international organization described in 
     paragraph (15)(G)(i) were treated as a reference at the North 
     Atlantic Treaty Organization (NATO);
       ``(ii) to a nonimmigrant under paragraph (15)(G)(iv) were 
     treated as a reference to a nonimmigrant classifiable under 
     NATO-6 (as a member of a civilian component accompanying a 
     force entering in accordance with the provisions of the NATO 
     Status-of-Forces Agreement, a member of a civilian component 
     attached to or employed by an Allied Headquarters under the 
     `Protocol on the Status of International Military 
     Headquarters' set up pursuant to the North Atlantic Treaty or 
     as a dependent); and
       ``(iii) to the Immigration Technical Corrections Act of 
     1988 or to the Immigration and Nationality Technical 
     Corrections Act of 1994 were a reference to the Immigration 
     in the National Interest Act of 1995.''.
       (c) Conforming Nonimmigrant Status for Certain Parents or 
     Special Immigrant Children.--Section 101(a)(15)(N) (8 U.S.C. 
     1101(a)(15)(N)) is amended--
       (1) by inserting ``(or under analogous authority under 
     paragraph (27)(L))'' after ``(27)(I)(i)'', and
       (2) by inserting ``(or under analogous authority under 
     paragraph (27)(L))'' and ``(27)(I)''.
       (d) Extension of Sunset for Religious Workers.--Section 
     101(a)(27)(C)(ii) (8 U.S.C. 1101(a)(27)(C)(ii)) is amended by 
     striking ``1997'' and inserting ``2005'' each place it 
     appears.
       (e) Additional Conforming Amendments.--
       (1) Section 201(b)(1)(A) (8 U.S.C. 1151(b)(1)(A)) is 
     amended by striking ``or (B)''.
       (2) Section 203(b)(4) (8 U.S.C. 1153(b)(4)) is amended by 
     striking ``or (B)''.
       (3) Section 214(k)(3) (8 U.S.C. 1184(l)(3)), (3)(A), is 
     amended by striking ``, who has not otherwise been accorded 
     status under section 101(a)(27)(H),''.
       (4) Section 245(c)(2) (8 U.S.C. 1255(c)(2)) is amended by 
     striking ``101(a)(27) (H), (I),'' and inserting 
     ``101(a)(27)(I),''.
       (f) Effective Dates.--
       (1) In general.--Except as provided in this section, the 
     amendments made by this section shall take effect on the date 
     of the enactment of this Act.
       (2) Transition.--The amendments made by subsection (a) 
     shall not apply to any alien with respect to whom an 
     application for special immigrant status under a subparagraph 
     repealed by such amendments has been filed by not later than 
     September 30, 1996.
                                 ______


                 SHELBY (AND OTHERS) AMENDMENT NO. 3732

  (Ordered to lie on the table.)
  Mr. SHELBY (for himself, Mr. Cochran, Mr. Coverdell, Mr. Faircloth, 
Mr. Helms, Mr. Inhofe, Mr. Thomas, Mr. Byrd, Mr. Coats, Mr. Grams, Mr. 
Lott, Mr. Thurmond, Mr. Warner, and Mr. Pressler) 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:

     SEC.   . LANGUAGE OF GOVERNMENT ACT OF 1996.

       (a) Short Title.--This section may be cited as the 
     ``Language of Government Act of 1996''.
       (b) Findings and Construction.--
       (1) Findings.--The Congress finds and declares that--
       (A) the United States is comprised of individuals and 
     groups from diverse ethnic, cultural, and linguistic 
     backgrounds;
       (B) the United States has benefited and continues to 
     benefit from this rich diversity;
       (C) throughout the history of the Nation, the common thread 
     binding those of differing backgrounds has been a common 
     language;
       (D) in order to preserve unity in diversity, and to prevent 
     division along linguistic lines, the United States should 
     maintain a language common to all people;
       (E) English has historically been the common language and 
     the language of opportunity in the United States;
       (F) Native American languages have a unique status because 
     they exist nowhere else in the world, and in creating a 
     language policy for the United States Government, due 
     consideration must be given to Native American languages and 
     the policies and laws assisting their survival, 
     revitalization, study, and use;
       (G) a purpose of this Act is to help immigrants better 
     assimilate and take full advantage of economic and 
     occupational opportunities in the United States;
       (H) by learning the English language, immigrants will be 
     empowered with the language skills and literacy necessary to 
     become responsible citizens and productive workers in the 
     United States;
       (I) the use of a single common language in the conduct of 
     the Federal Government's official business will promote 
     efficiency and fairness to all people;
       (J) English should be recognized in law as the language of 
     official business of the Federal Government; and
       (K) any monetary savings derived by the Federal Government 
     from the enactment of this Act should be used for the 
     teaching of non-English speaking immigrants the English 
     language.
       (2) Construction.--The amendments made by subsection (c)--
       (A) are not intended in any way to discriminate against or 
     restrict the rights of any individual in the United States;
       (B) are not intended to discourage or prevent the use of 
     languages other than English in any nonofficial capacity; and
       (C) except where an existing law of the United States 
     directly contravenes the amendments made by subsection (c) 
     (such as by requiring the use of a language other than 
     English for official business of the Government of the United 
     States), are not intended to repeal existing laws of the 
     United States.
       (c) English as the Official Language of Government.--
       (1) In general.--Title 4, United States Code, is amended by 
     adding at the end the following new chapter:

                ``CHAPTER 6--LANGUAGE OF THE GOVERNMENT

``Sec.
``161. Declaration of official language of Government.
``162. Preserving and enhancing the role of the official language.
``163. Official Government activities in English.
``164. Standing.
``165. Definitions.

     ``Sec. 161. Declaration of official language of Government

       ``The official language of the Government of the United 
     States is English.

     ``Sec. 162. Preserving and enhancing the role of the official 
       language

       ``The Government shall have an affirmative obligation to 
     preserve and enhance the role of English as the official 
     language of the United States Government. Such obligation 
     shall include encouraging greater opportunities for 
     individuals to learn the English language.

     ``Sec. 163. Official Government activities in English

       ``(a) Conduct of Business.--The Government shall conduct 
     its official business in English.
       ``(b) Denial of Services.--No person shall be denied 
     services, assistance, or facilities, directly or indirectly 
     provided by the Government solely because the person 
     communicates in English.
       ``(c) Entitlement.--Every person in the United States is 
     entitled to--
       ``(1) communicate with the Government in English;
       ``(2) receive information from or contribute information to 
     the Government in English; and
       ``(3) be informed of or be subject to official orders in 
     English.

     ``Sec. 164. Standing

       ``Any person alleging injury arising from a violation of 
     this chapter shall have standing to sue in the courts of the 
     United States under sections 2201 and 2202 of title 28, 
     United States Code, and for such other relief as may be 
     considered appropriate by the courts.

     ``Sec. 165. Definitions

       ``For purposes of this chapter:
       ``(1) Government.--The term `Government' means all branches 
     of the Government of the United States and all employees and 
     officials of the Government of the United States while 
     performing official businesses.
       ``(2) Official business.--the term `official business' 
     means those governmental actions, documents, or policies 
     which are enforceable with the full weight and authority of 
     the Government, but does not include--
       ``(A) use of indigenous languages or Native American 
     languages, or the teaching of foreign languages in 
     educational settings;
       ``(B) actions, documents, or policies that are not 
     enforceable in the United States;
       ``(C) actions, documents, or policies necessary for 
     international relations, trade, or commerce;
       ``(D) actions or documents that protect the public health 
     or the environment;
       ``(E) actions that protect the rights of victims of crimes 
     or criminal defendants;

[[Page S4079]]

       ``(F) documents that utilize terms of art or phrases from 
     languages other than English;
       ``(G) bilingual education, bilingual ballots, or activities 
     pursuant to the Native American Languages Act (25 U.S.C. 2901 
     et seq.); and
       ``(H) elected officials, who possess a proficiency in a 
     language other than English, using that language to provide 
     information orally to their constituents.''.
       (2) Conforming amendment.--The table of chapters for title 
     4, United States Code, is amended by adding at the end the 
     following new item:

``6. Language of the Government..................................161''.

       (d) Preemption.--This section (and the amendments made by 
     this section) shall not preempt any law of any State.
       (e) Effective Date.--The amendments made by subsection (c) 
     shall take effect upon the date of enactment of this Act, 
     except that no suit may be commenced to enforce or determine 
     rights under the amendments until January 1, 1997.
                                 ______


                      FAIRCLOTH AMENDMENT NO. 3733

  (Ordered to lie on the table.)
  Mr. FAIRCLOTH submitted an amendment intended to be proposed by him 
to the bill S. 1664, supra; as follows:

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

     SEC.  . REVIEW OF CONTRACTS WITH ENGLISH AND CIVICS TEST 
                   ENTITIES.

       (a) In General.--The Attorney General of the United States 
     shall investigate and submit a report to the Congress 
     regarding the practices of test entities authorized to 
     administer the English and civics tests pursuant to section 
     312.3(a) of title 8, Code of Federal Regulations. The report 
     shall include any findings of fraudulent practices by the 
     testing entities.
       (b) Preliminary and Final Reports.--Not later than 90 days 
     after the date of the enactment of this Act, the Attorney 
     General shall submit to the Congress a preliminary report of 
     the findings of the investigation conducted pursuant to 
     subsection (a) and shall submit to the Congress a final 
     report within 275 days after the submission of the 
     preliminary report.
                                 ______


                       KENNEDY AMENDMENT NO. 3734

  Mr. KENNEDY proposed an amendment to amendment No. 3725 proposed by 
Mr. Simpson to the bill S. 1664, supra; as follows:

       At the appropriate place add the following:

     SEC.   INCREASE IN THE MINIMUM WAGE RATE.

       Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 206(a)(1)) is amended to read as follows:
       ``(1) except as otherwise provided in this section, not 
     less than $4.25 an hour during the period ending July 4, 
     1996, not less than $4.70 an hour during the year beginning 
     July 5, 1996, and not less than $5.15 an hour after July 4, 
     1997;''.
                                 ______


                         KYL AMENDMENT NO. 3735

  Mr. KYL proposed an amendment to amendment No. 3725 proposed by Mr. 
Simpson to the bill S. 1664, supra; as follows:

       At the end of the amendment add the following: 
     Notwithstanding any other provision in this Act, section 154 
     shall read as follows:

     SEC. 154. PHYSICAL AND MENTAL EXAMINATIONS.

       Section 234 (8 U.S.C. 1224) is amended to read as follows:


                   ``physical and mental examinations

       ``Sec. 234. (a) Aliens Covered.--Each alien within any of 
     the following classes of aliens who is seeking entry into the 
     United States shall undergo a physical and mental examination 
     in accordance with this section:
       ``(1) Aliens applying for visas for admission to the United 
     States for permanent residence.
       ``(2) Aliens seeking admission to the United States for 
     permanent residence for whom examinations were not made under 
     paragraph (1).
       ``(3) Aliens within the United States seeking adjustment of 
     status under section 245 to that of aliens lawfully admitted 
     to the United States for permanent residence.
       ``(4) Alien crewmen entering or in transit across the 
     United States.
       ``(b) Description of Examination.--(1) Each examination 
     required by subsection (a) shall include--
       ``(A) an examination of the alien for any physical or 
     mental defect or disease and a certification of medical 
     findings made in accordance with subsection (d); and
       ``(B) an assessment of the vaccination record of the alien 
     in accordance with subsection (e).
       ``(2) The Secretary of Health and Human Services shall 
     prescribe such regulations as may be necessary to carry out 
     the medical examinations required by subsection (a).
       ``(c) Medical Examiners.--
       ``(1) Medical officers.--(A) Except as provided in 
     paragraphs (2) and (3), examinations under this section shall 
     be conducted by medical officers of the United States Public 
     Health Services.
       ``(B) Medical officers of the United States Public Health 
     Service who have had specialized training in the diagnosis of 
     insanity and mental defects shall be detailed for duty or 
     employed at such ports of entry as the Secretary may 
     designate, in consultation with the Attorney General.
       ``(2) Civil surgeons.--(A) Whenever medical officers of the 
     United States Public Health Service are not available to 
     perform examinations under this section, the Attorney 
     General, in consultation with the Secretary, shall designate 
     civil surgeons to perform the examinations.
       ``(B) Each civil surgeon designated under subparagraph (A) 
     shall--
       ``(i) have at least 4 years of professional experience 
     unless the Secretary determines that special or extenuating 
     circumstances justify the designation of an individual having 
     a lesser amount of professional experience; and
       ``(ii) satisfy such other eligibility requirements as the 
     Secretary may prescribe.
       ``(3) Panel physicians.--In the case of examinations under 
     this section abroad, the medical examiner shall be a panel 
     physician designated by the Secretary of State, in 
     consultation with the Secretary.
       ``(d) Certification of Medical Findings.--The medical 
     examiners shall certify for the information of immigration 
     officers and special inquiry officers, or consular officers, 
     as the case may be, any physical or mental defect or disease 
     observed by such examiners in any such alien.
       ``(e) Vaccination Assessment.--(1) The assessment referred 
     to in subsection (b)(1)(B) is an assessment of the alien's 
     record of required vaccines for preventable diseases, 
     including mumps, measles, rubella, polio, tetanus, diphtheria 
     toxoids, pertussis, hemophilus-influenza type B, hepatitis 
     type B, as well as any other diseases specified as 
     vaccine-preventable by the Advisory Committee on 
     Immunization Practices.
       ``(2) Medical examiners shall educate aliens on the 
     importance of immunizations and shall create an immunization 
     record for the alien at the time of examination.
       ``(3)(A) Each alien who has not been vaccinated against 
     measles, and each alien under the age of 5 years who has not 
     been vaccinated against polio, must receive such vaccination, 
     unless waived by the Secretary, and must receive any other 
     vaccination determined necessary by the Secretary prior to 
     arrival in the United States.
       ``(B) Aliens who have not received the entire series of 
     vaccinations prescribed in paragraph (1) (other than measles) 
     shall return to a designated civil surgeon within 30 days of 
     arrival in the United States, or within 30 days of adjustment 
     of status, for the remainder of the vaccinations.
       ``(f) Appeal of Medical Examination Findings.--Any alien 
     determined to have a health-related grounds of exclusion 
     under paragraph (1) of section 212(a) may appeal that 
     determination to a board of medical officers of the Public 
     Health Service, which shall be convened by the Secretary. The 
     alien may introduce at least one expert medical witness 
     before the board at his or her own cost and expense.
       ``(g) Funding.--(1)(A) The Attorney General shall impose a 
     fee upon any person applying for adjustment of status to that 
     of an alien lawfully admitted to permanent residence under 
     section 209, 210, 245,or 245A, and the Secretary of State 
     shall impose a fee upon any person applying for a visa at a 
     United States consulate abroad who is required to have a 
     medical examination in accordance with subsection (a).
       ``(B) The amounts of the fees required by subparagraph (A) 
     shall be established by the Secretary, in consultation with 
     the Attorney General and the Secretary of State, as the case 
     may be, and shall be set at such amounts as may be necessary 
     to recover the full costs of establishing and administering 
     the civil surgeon and panel physician programs, including the 
     costs to the Service, the Department of State, and the 
     Department of Health and Human Services for any additional 
     expenditures associated with the administration of the fees 
     collected.
       ``(2)(A) The fees imposed under paragraph (1) may be 
     collected as separate fees or as surcharges to any other fees 
     that may be collected in connection with an application for 
     adjustment of status under section 209, 210, 245, or 245A, 
     for a visa, or for a waiver of excludability under paragraph 
     (1) or (2) of section 212(g), as the case may be.
       ``(B) The provisions of the Act of August 18, 1856 (Revised 
     Statutes 1726-28, 22 U.S.C. 4212-14), concerning accounting 
     for consular fees, shall not apply to fees collected by the 
     Secretary of State under this section.
       ``(3)(A) There is established on the books of the Treasury 
     of the United States a separate account which shall be known 
     as the `Medical Examinations Fee Account'.
       ``(B) There shall be deposited as offsetting receipts into 
     the Medical Examinations Fee Account all fees collected under 
     paragraph (1), to remain available until expended.
       ``(C) Amounts in the Medical Examinations Fee Account shall 
     be available only to reimburse any appropriation currently 
     available for the programs established by this section.
       ``(h) Definitions.--As used in this section--
       ``(1) the term `medical examiner' refers to a medical 
     officer, civil surgeon, or panel physician, as described in 
     subsection (c); and
       ``(2) the term `Secretary' means the Secretary of Health 
     and Human Services.''.
                                 ______


                        BROWN AMENDMENT NO. 3736

  (Ordered to lie on the table.)
  Mr. BROWN submitted an amendment intended to proposed by him to the 
bill S. 1664, supra; as follows:


[[Page S4080]]


       At the appropriate place in title II of the bill, insert 
     the following new section:

     SEC.   . Pilot programs to permit bonding.

       (a) In General.--The Attorney General of the United States 
     shall establish a pilot program in 5 States (at least 2 of 
     which are in States selected for a demonstration project 
     under section 112 of this Act) to permit aliens to post a 
     bond in lieu of the affidavit requirements in section 203 of 
     the Immigration Control and Financial Responsibility Act of 
     1996 and the deeming requirements in section 204 of such Act. 
     Any pilot program established pursuant to this subsection 
     shall require an alien to post a bond in an amount sufficient 
     to cover the cost of benefits for the alien and the alien's 
     family under the programs described in section 241(a)(5)(D) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1251(a)(5(D)) and shall remain in effect until the alien and 
     all members of the alien's family permanently depart from the 
     United States, are naturalized, or die.
       (b) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Attorney General shall issue 
     regulations for establishing the pilot programs, including
       (1) criteria and procedures for----
       (A) certifying bonding companies for participation in the 
     program, and
       (B) debarment of any such company that fails to pay a bond, 
     and
       (2) criteria for setting the amount of the bond to assure 
     that the bond is in an amount that is not less than the cost 
     of providing benefits under the programs described in section 
     241(a)(5)(D) for the alien and the alien's family for 6 
     months.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
                                 ______


                DOLE (AND COVERDELL) AMENDMENT NO. 3737

  Mr. COVERDELL (for Mr. Dole, for himself and Mr. Coverdell) proposed 
an amendment to amendment No. 3725 proposed by Mr. Simpson to the bill 
S. 1664, supra; as follows:

       At the end of the amendment, insert the following:

     SEC. --. EXCLUSION GROUNDS FOR OFFENSES OF DOMESTIC VIOLENCE, 
                   STALKING, CRIMES AGAINST CHILDREN, AND CRIMES 
                   OF SEXUAL VIOLENCE.

       (a) In General.--Section 241(a)(2) (8 U.S.C. 1251(a)(2)) is 
     amended by adding at the end the following:
       ``(E) Domestic violence, violation of protection order, 
     crimes against children and stalking.--(i) Any alien who at 
     any time after entry is convicted of a crime of domestic 
     violence is deportable.
       ``(ii) Any alien who at any time after entry engages in 
     conduct that violates the portion of a protection order that 
     involves protection against credible threats of violence, 
     repeated harassment, or bodily injury to the person or 
     persons for whom the protection order was issued is 
     deportable.
       ``(iii) Any alien who at any time after entry is convicted 
     of a crime of stalking is deportable.
       ``(iv) Any alien who at any time after entry is convicted 
     of a crime of child abuse, child sexual abuse, child neglect, 
     or child abandonment is deportable.
       ``(F) Crimes of sexual violence.--Any alien who at any time 
     after entry is convicted of a crime of rape, aggravated 
     sodomy, aggravated sexual abuse, sexual abuse, abusive sexual 
     contact, or other crime of sexual violence is deportable.''.
       (b) Definitions--Section 101(a) (8) U.S.C. 1101(a)) is 
     amended by adding at the end the following new paragraphs:
       ``(47) The term `crime of domestic violence' means any 
     felony or misdemeanor crime of violence committed by a 
     current or former spouse of the victim, by a person with whom 
     the victim shares a child in common, by a person who is 
     cohabiting with or has cohabited with the victim as a spouse, 
     by a person similarly situated to a spouse of the victim 
     under the domestic or family violence laws of the 
     jurisdiction where the offense occurs, or by any other adult 
     person against a victim who is protected from that person's 
     acts under the domestic or family violence laws of the United 
     States or any State, Indian tribal government, or unit of 
     local government.
       ``(48) The term `protection order' means any injunction 
     issued for the purpose of preventing violent or threatening 
     acts of domestic violence, including temporary or final 
     orders issued by civil or criminal courts (other than support 
     or child custody orders or provisions) whether obtained by 
     filing an independent action or as a pendente lite order in 
     another proceeding.''.
       (c) This section will become effective one day after the 
     date of enactment of the Act

                          ____________________