[Congressional Record Volume 145, Number 45 (Monday, March 22, 1999)]
[Senate]
[Pages S3057-S3059]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. CAMPBELL (for himself, Mr. McCain, Mr. Smith of New 
        Hampshire, Mr. Kerry, Mr. Lugar, Mr. Coverdell, Mr. Lieberman, 
        Mr. Lautenberg, Mr. Ashcroft, Mr. Torricelli, Mr. Kennedy, Mr. 
        Schumer, Mr. Allard, and Mr. Santorum):
  S. 676. A bill to locate and secure the return of Zachary Baumel, a 
citizen of the United States, and other Israeli soldiers missing in 
action; to the Committee on Foreign Relations.
  Mr. CAMPBELL. Mr. President, today I continue to voice my support for 
the Middle East peace process and my work on behalf of soldiers Missing 
in Action and Prisoners of War. During the last Congress, I introduced 
the Missing Service Personnel Act, provisions of which were signed into 
law to restore critical Department of Defense procedures for 
identifying and recovering POW/MIAs. The Act ensures that our 
government is and will do everything in its power to return those lost 
during times of conflict. Last month, I introduced S. 484, the ``Bring 
Them Home Alive Act of 1999'' which creates a significant incentive for 
foreign nationals to return any possibly surviving American POW/MIAs.
  Mr. President, today I introduce legislation that continues my 
support for POW/MIAs and assists our Israeli allies in their efforts to 
learn the fate of several soldiers who were overtaken by Syrian forces 
in June 1982. I am pleased to be joined in this effort by Senators 
Torricelli, McCain, Kerry of Massachusetts, Smith of New Hampshire, 
Lugar, Coverdell, Lieberman, Lautenberg, Ashcroft, Kennedy, Schumer, 
Allard, and Santorum. This bill is a companion to legislation which 
Congressmen Lantos, Gilman, and 65 other members introduced in the 
House.
  Reports indicate that three soldiers of an Israeli tank crew were 
captured by Syrian forces at the 1982 battle of Sultan Yaqub in 
northern Lebanon. These men were later paraded through the streets of 
the Syrian capital of Damascus. They were never seen nor heard from 
again. Zachary Baumel, an American citizen and sergeant in the Israeli 
Defense Forces was one of those men. For over sixteen years, the Syrian 
government and the leadership of the PLO have failed to cooperate in 
the effort to determine their fate. In 1993, Yasser Arafat produced the 
most tangible link to the missing men, returning half of Baumel's 
identification dog tag. For the last five years, however, no additional 
information has been forthcoming.
  The bill I introduce today requires the State Department to raise 
this issue with the Syrian government and leaders of the Palestinian 
Authority and provide the Congress with a report on the information 
that has been uncovered. It also requires that Palestinian and Syrian 
cooperation in this effort be a factor in the consideration for future 
U.S. assistance.
  This legislation is a targeted approach to address the unique and 
compelling merits of this case in which an American-born Israeli 
soldier and his comrades remain unaccounted for in a time of war. As 
Americans know all too well, the bitter legacy of missing soldiers and 
POWs can haunt a nation and interfere with efforts to build better 
relations between former enemies. Clearly, resolving the issue of the 
MIAs can only strengthen American efforts to make Middle East peace 
into a reality.
  This is the first week of the Jewish month of Nissan--the month of 
the Jewish holiday of Passover--the ancient festival that celebrates 
freedom. I can think of no time that is more appropriate to propose 
this legislation, and to hopefully begin a process that will help to 
resolve the fate of Zachary Baumel and his comrades after so many 
years.
  I ask unanimous consent that the bill be printed in the Record and I 
urge my colleagues to support passage of this bill.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 676

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

     SECTION 1. CONGRESSIONAL FINDINGS.

       Congress makes the following findings:
       (1) Zachary Baumel, a citizen of the United States serving 
     in the Israeli military forces, has been missing in action 
     since June 1982 when he was captured by forces affiliated

[[Page S3058]]

     with the Palestinian Liberation Organization (PLO) following 
     a tank battle with Syrian forces at Sultan Ya'akub in 
     Lebanon.
       (2) Yehuda Katz and Zvi Feldman, Israeli citizens serving 
     in the Israeli military forces, have been missing in action 
     since June 1982 when they were also captured by these same 
     forces in a tank battle with Syrian forces at Sultan Ya'akub 
     in Lebanon.
       (3) These three soldiers were last known to be in the hands 
     of a Palestinian faction splintered from the PLO and 
     operating in Syrian-controlled territory, thus making this a 
     matter within the responsibility of the Government of Syria.
       (4) Diplomatic efforts to secure their release have been 
     unsuccessful, although PLO Chairman Yasir Arafat delivered 
     one-half of Zachary Baumel's dog tag to Israeli government 
     authorities.
       (5) In the Gaza-Jericho agreement between the Palestinian 
     Authority and the Government of Israel of May 4, 1994, 
     Palestinian officials agreed to cooperate with Israel in 
     locating and working for the return of Israeli soldiers 
     missing in action.

     SEC. 2. ACTIONS BY THE SECRETARY OF STATE.

       (a) Responsibility of Secretary of State.--The Secretary of 
     State shall raise the matter of Zachary Baumel, Yehuda Katz, 
     and Zvi Feldman on an urgent basis with appropriate 
     government officials of Syria, Lebanon, the Palestinian 
     Authority, and with other governments in the region and other 
     governments elsewhere which in the Secretary's view may be 
     helpful in locating and securing the return of these 
     soldiers.
       (b) Cooperation as a Factor in Determinations of 
     Assistance.--Decisions with regard to United States economic 
     and other forms of assistance to Syria, Lebanon, the 
     Palestinian Authority, and other governments in the region, 
     and United States policy towards these governments and 
     authorities, should take into consideration the willingness 
     of these governments and authorities to assist in locating 
     and securing the return of these soldiers.

     SEC. 3. REPORTS BY THE DEPARTMENT OF STATE.

       (a) Initial Report.--Ninety days after the date of 
     enactment of this Act, the Secretary of State shall submit a 
     report in writing to Congress detailing the Secretary's 
     consultations with governments pursuant to section 2(a) and 
     the changes in United States policies made pursuant to 
     section 2(b). The report shall be a public document and may 
     include a classified annex.
       (b) Subsequent Reports.--After the initial report to 
     Congress, the Secretary of State shall submit a report in 
     writing to Congress within 15 days whenever any additional 
     information from any source relating to these individuals 
     arises. The report shall be a public document and may include 
     a classified annex.
       (c) Congressional Recipients of Reports.--The reports to 
     Congress identified in subsections (a) and (b) shall be made 
     to the Committee on International Relations of the House of 
     Representatives and to the Committee on Foreign Relations of 
     the Senate.
                                 ______
                                 
      By Mr. LUGAR:
  S. 677. A bill to amend the Immigration and Nationality Act to 
provide a limited waiver of a requirement for reimbursement of local 
educational agencies for the costs of foreign students' education in 
certain cases; to the Committee on the Judiciary.


        Limited Waiver of Cost Requirements for Foreign Students

  Mr. LUGAR. Mr. President, I rise today to introduce a bill that will 
permit local school officials the opportunity to waive the cost 
requirements of foreign students studying in our public high schools in 
the United States on F-1 visas. The law now mandates that all foreign 
students who are not in a government-funded exchange program pay or 
reimburse the local school district the cost of their education.
  In those public school districts flooded with foreign students who 
pay no taxes, this requirement makes good sense. However, in those 
school districts which enroll a small number of foreign students or 
experience little or no burden, there may be no desire for tuition 
reimbursement. The decision to enroll and to require cost reimbursement 
should be made at the local level. Current law, however, does not 
permit this local discretion. The bill I am introducing today will 
allow local school districts the chance to waive the requirement that 
foreign students pay for the cost of their education. The decision to 
waive or not waive this requirement should be made at the grassroots 
level where the problem, if any, exist, not in Washington. My bill 
seeks to preserve this principle. It would amend the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA).
  Foreign exchange students bring knowledge, cultural exposure and 
understanding to American students, schools and communities. I have 
been a proponent of cultural and educational exchanges and have 
supported most international exchange programs over the years--both 
those which bring foreign visitors here and those which send American 
students, scholars and practitioners abroad. Most recently, my office 
participated in the Congress-Bundestag program. An intern from Germany 
worked in my office for several weeks and learned about how a Senate 
office functions. I remain committed to these exchange programs. They 
bring enormous benefits to our country as well as to the individuals.
  In 1996, I supported the Illegal Immigration Reform and Immigrant 
Responsibility Act. This law states that as of November 30, 1996, 
IIRIRA prohibits any alien from receiving an F-1 student visa to attend 
a public elementary school, grades K-8, or a publicly-funded adult 
education program unless they pay the unsubsidized, per capita cost of 
their education in advance. My bill would not change current law 
relating to elementary schools or adult education. It would not pertain 
to students on formal, government-funded international exchanges such 
as those managed by the State Department, the USIA and many other 
federal government agencies. It would simply allow high school 
officials to waive the cost of the education of high school-level 
foreign students if that was their own choice.

  Several municipalities have ``Sister City'' arrangements between 
American cities and cities in foreign countries. One valuable component 
of these arrangements is an exchange program for high school students 
enabling American youth to spend a year in a foreign high school while 
students from abroad spend a year in a high school here. No tuition is 
generally exchanged under the sister city agreement, but current U.S. 
law states that visitors to our country must pay the unsubsidized cost 
of their education, even though American students attending schools 
abroad are exempted from the cost requirement.
  Along the Alaska-Yukon, Alaska-British Columbia and U.S.-Mexican 
borders there are schools serving very remote communities on both sides 
of the border. After enactment of the 1996 law, Canadian or Mexican 
students were no longer eligible to enter the United States to attend 
local public schools even though governments and the local school 
districts agreed to enroll the students.
  Many school districts choose to enroll one or two exchange students a 
year. Reciprocal exchange agreements are beneficial and host families 
enjoy these students in their homes. American exchange students 
attending schools in Germany, for example, are not subjected to the 
same tuition requirements for their schooling, yet they gain an 
understanding of German history and culture and benefit from their 
travels. Currently, U.S. law requires foreign students to pay their 
tuition before they arrive in the United States. The extra paper work, 
the up-front costs and the extra burden these requirements place on 
foreign students tend to undermine the purpose of cultural exchanges.
  I remain mindful to past abuses of F-1 visas and am sympathetic to 
the burden that large enrollments of foreign students place on American 
public schools. My purpose in introducing this bill today is not to 
weaken the law as it currently reads, but to provide an outlet for our 
schools to have an opportunity for enrolling international exchange 
students.
  Last year, I was successful in getting similar legislation passed in 
the Senate. Unfortunately, it was dropped in conference. This bill has 
the support of many Senators, of the Department of Education, 
Department of State and the USIA as well as most U.S. non-governmental 
organizations interested in immigration, student exchanges, public 
education. It is my hope that the Senate will once again pass this 
bill.
  Mr. President, I ask that the bill be included in the Congressional 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 677

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

     SECTION 1. LIMITED WAIVER OF REIMBURSEMENT REQUIREMENT FOR 
                   CERTAIN FOREIGN STUDENTS.

       Section 214(l)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1184(l)(1)), as added

[[Page S3059]]

     by section 625(a)(1) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (110 Stat. 3009-699), is 
     amended--
       (1) in subparagraph (B), by redesignating clauses (i) and 
     (ii) as subclauses (I) and (II), respectively;
       (2) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively;
       (3) by striking ``(l)(1)'' and inserting ``(l)(1)(A)''; and
       (4) by adding at the end the following new subparagraph:
       ``(B) The Attorney General shall waive the application of 
     subparagraph (A)(ii) for an alien seeking to pursue a course 
     of study in a public secondary school served by a local 
     educational agency (as defined in section 14101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     8801) if the agency determines and certifies to the Attorney 
     General that such waiver will promote the educational 
     interest of the agency and will not impose an undue financial 
     burden on the agency.''.

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