[Congressional Record Volume 142, Number 141 (Thursday, October 3, 1996)]
[Senate]
[Pages S12403-S12404]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             AUTHORIZING PERIOD OF STAY FOR CERTAIN NURSES

  Mr. LOTT. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. 2197, which was introduced 
earlier today by Senators Faircloth and Moseley-Braun.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 2197) to extend the authorized period of stay 
     within the United States for certain nurses.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.


                           Amendment No. 5432

  Mr. LOTT. Mr. President, Senators Hatch and Kennedy have an amendment 
at the desk. I ask for its consideration.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Mississippi [Mr. Lott], for Mr. Hatch, for 
     himself and Mr. Kennedy, proposes an amendment numbered 5432.

  The amendment is as follows:

       Add at the end of the bill the following:

     SEC. 2. TECHNICAL CORRECTION.

       Effective on September 30, 1996, subtitle A of title III of 
     the Illegal Immigration Reform and Immigrant Responsibility 
     Act of 1996 is amended--
       (1) in section 306(c)(1), by striking ``to all final'' and 
     all that follows through ``Act and'' and inserting ``as 
     provided under section 309, except that'';
       (2) in section 309(c)(1), by striking ``as of'' and 
     inserting ``before''; and
       (3) in section 309(c)(4), by striking ``described in 
     paragraph (1)''.

  Mr. LOTT. Mr. President, I ask unanimous consent that the amendment 
be considered and agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 5432) was agreed to.
  Mr. LOTT. Mr. President, I ask unanimous consent that the bill be 
deemed read a third time, passed, the motion to reconsider be laid upon 
the table, and that any statements relating to the bill be placed at 
the appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 2197), as amended, was deemed read the third time and 
passed, as follows:

                                S. 2197

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. EXTENSION OF AUTHORIZED PERIOD OF STAY FOR CERTAIN 
                   NURSES.

       (a) Aliens Who Previously Entered the United States 
     Pursuant to an H-1A Visa.--
       (1) In general.--Notwithstanding any other provision of 
     law, the authorized period of stay in the United States of 
     any nonimmigrant described in paragraph (2) is hereby 
     extended through September 30, 1997.
       (2) Nonimmigrant described.--A nonimmigrant described in 
     this paragraph is a nonimmigrant--
       (A) who entered the United States as a nonimmigrant 
     described in section 101(a)(15)(H)(i)(a) of the Immigration 
     and Nationality Act;
       (B) who was within the United States on or after September 
     1, 1995, and who is within the United States on the date of 
     the enactment of this Act; and
       (C) whose period of authorized stay has expired or would 
     expire before September 30, 1997 but for the provisions of 
     this section.
       (3) Limitations.--Nothing in this section may be construed 
     to extend the validity of any visa issued to a nonimmigrant 
     described in section 101(a)(15)(H)(i)(a) of the Immigration 
     and Nationality Act or to authorize the re-entry of any 
     person outside the United States on the date of the enactment 
     of this Act.
       (b) Change of Employment.--A nonimmigrant whose authorized 
     period of stay is extended by operation of this section shall 
     not be eligible to change employers in accordance with 
     section 214.2(h)(2)(i)(D) of title 8, Code of Federal 
     Regulations (as in effect on the day before the date of the 
     enactment of this Act).
       (c) Regulations.--Not later than 30 days after the date of 
     the enactment of this Act, the Attorney General shall issue 
     regulations to carry out the provisions of this section.
       (d) Interim Treatment.--A nonimmigrant whose authorized 
     period of stay is extended by operation of this section, and 
     the spouse and child of such nonimmigrant, shall be 
     considered as having continued to maintain lawful status as a 
     nonimmigrant through September 30, 1997.

     SEC. 2. TECHNICAL CORRECTION.

       Effective on September 30, 1996, subtitle A of title III of 
     the Illegal Immigration Reform and Immigrant Responsibility 
     Act of 1996 is amended--
       (1) in section 306(c)(1), by striking ``to all final'' and 
     all that follows through ``Act and'' and inserting ``as 
     provided under section 309, except that'';
       (2) in section 309(c)(1), by striking ``as of'' and 
     inserting ``before''; and
       (3) in section 309(c)(4), by striking ``described in 
     paragraph (1)''.
  Mr. FAIRCLOTH. Mr. President, today the Senate passed a bill which I 
cosponsored with my colleague from Illinois, Senator Moseley-Braun. It 
is designed to address a serious problem facing health care providers 
and patients in rural and inner city areas. Specifically, the 
legislation provides a 1-year visa extension for foreign nurses under 
the expired H-1A Program. It is supported by the American Nurses 
Association, the American Hospital Association, the American Health 
Care Association, and the American Business Council for Fair 
Immigration Reform.
  In 1989, Congress passed the Immigrant Nursing Relief Act which 
created the H-1A Visa Program to address a nationwide nursing shortage 
which existed at that time. The H-1A Visa Program expired in September 
1995. As a result, many rural and inner city hospitals, nursing homes, 
and other health care facilities will lose the valuable services of 
foreign nurses who enable

[[Page S12404]]

these facilities to meet the health care needs of their communities.
  While the shortage has subsided in most parts of the country, 
shortages continue in many rural and inner city areas. Foreign educated 
nurses holding H-1A visas fill an important void which continues to 
exist in certain areas. Without their professional services, the 
quality of patient care would dramatically decrease. In addition, I 
have heard from many rural health care providers in North Carolina who 
informed me that, without the services of foreign nurses, they would be 
unable to meet Federal and State staffing requirements.
  While a long-term solution to this particular nursing shortage 
problem has not been developed, a short-term solution is needed to 
address the existing realities in rural and inner city areas. The 
legislation which passed the Senate today is a carefully crafted short-
term compromise. It affects only those H-1A nurses who are currently 
residing in the United States and extends their length of stay until 
September 30, 1997. Importantly, this legislation does not allow 
additional foreign nurses to enter the United States under the expired 
H-1A Visa Program, nor does it change any of the current requirements 
for an H-1B visa.
  This legislation was introduced and passed by unanimous consent 
today. Thus, there was no committee action and no legislative history 
relating to the bill. As the author of the legislation, I wish to 
clarify section 1(b) governing ``Change of Employment.'' It is my 
intention that a change in an employer's ownership does not constitute 
a prohibited change of employment for a nonimmigrant affected by this 
act. For example, if an employer changes its name as a result of a 
merger or acquisition, I intend that the nonimmigrant be eligible to 
continue employment for the new owner. In such circumstances, it is my 
intention that this legislation permits the Immigration and 
Naturalization Service to process an I-129 petition to reflect this 
technical change. The same rules should apply to circumstances in which 
a nonimmigrant changes work locations with the same employer.
  Finally, I wish to thank Senator Simon for his assistance in passing 
this legislation. It has been a privilege to work with him to address a 
serious problem confronting both Illinois and North Carolina. In 
particular, I am glad to have had this opportunity to work with him one 
last time before he retires at the end of this Congress. I congratulate 
him on a distinguished career and wish him well in the future.
  Mr. LOTT. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. BROWN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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