II

106TH CONGRESS

2D SESSION S. 3149

To provide for the collection of information relating to nonimmigrant foreign

students and other exchange program participants.

IN THE SENATE OF THE UNITED STATES

OCTOBER 4 (legislative day, SEPTEMBER 22), 2000

Mr. HATCH introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

A BILL

To provide for the collection of information relating to nonimmigrant foreign students and other exchange program

participants.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. MORE EFFICIENT COLLECTION OF INFORMA4 TION FEE.

5 Section 641(e) of the Illegal Immigration Reform and

6 Immigrant Responsibility Act of 1996 (division C of Pub7 lic Law 104–208) is amended—

8 (1) in paragraph (1)—

9 (A) by striking ‘‘an approved institution of

10 higher education and a designated exchange vis-
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1 itor program’’ and inserting ‘‘the Attorney Gen2 eral’’;

3 (B) by striking ‘‘the time—’’ and inserting

4 the following: ‘‘a time prior to the alien being

5 classified under subparagraph (F), (J), or (M)

6 of section 101(a)(15) of the Immigration and

7 Nationality Act.’’; and

8 (C) by striking subparagraphs (A) and

9 (B);

10 (2) by amending paragraph (2) to read as fol11 lows:

12 ‘‘(2) REMITTANCE.—The fees collected under

13 paragraph (1) shall be remitted by the alien pursu14 ant to a schedule established by the Attorney Gen15 eral for immediate deposit and availability as de16 scribed under section 286(m) of the Immigration

17 and Nationality Act.’’;

18 (3) in paragraph (3)—

19 (A) by striking ‘‘has’’ the first place it ap20 pears and inserting ‘‘seeks’’; and

21 (B) by striking ‘‘has’’ the second place it

22 appears and inserting ‘‘seeks to’’;

23 (4) in paragraph (4)—

24 (A) by inserting before the period at the

25 end of the second sentence of subparagraph (A)
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1 the following: ‘‘, except that, in the case of an

2 alien admitted under section 101(a)(15)(J) of

3 the Immigration and Nationality Act as an au

4 pair, camp counselor, or participant in a sum5 mer work travel program, the fee shall not ex6 ceed $40’’; and

7 (B) by adding at the end of subparagraph

8 (B) the following new sentence: ‘‘Such expenses

9 include, but are not necessarily limited to, those

10 incurred by the Secretary of State in connection

11 with the program under subsection (a).’’; and

12 (5) by adding at the end the following new

13 paragraphs:

14 ‘‘(5) PROOF OF PAYMENT.—The alien shall

15 present proof of payment of the fee before the grant16 ing of—

17 ‘‘(A) a visa under section 222 of the Immi18 gration and Nationality Act or, in the case of

19 an alien who is exempt from the visa require20 ment described in section 212(d)(4) of the Im21 migration and Nationality Act, admission to the

22 United States; or

23 ‘‘(B) change of nonimmigrant classification

24 under section 248 of the Immigration and Na-
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1 tionality Act to a classification described in

2 paragraph (3).

3 ‘‘(6) IMPLEMENTATION.—The provisions of sec4 tion 553 of title 5, United States Code (relating to

5 rule-making) shall not apply to the extent the Attor6 ney General determines necessary to ensure the ex7 peditious, initial implementation of this section.’’.

8 SEC. 2. NEW TIME-FRAME FOR IMPLEMENTATION OF DATA

9 COLLECTION PROGRAM.

10 Section 641(g)(1) of the Illegal Immigration Reform

11 and Immigrant Responsibility Act of 1996 (division C of

12 Public Law 104–208) is amended to read as follows:

13 ‘‘(1) EXPANSION OF PROGRAM.—Not later than

14 12 months after the submission of the report re15 quired by subsection (f), the Attorney General, in

16 consultation with the Secretary of State and the

17 Secretary of Education, shall commence expansion

18 of the program to cover the nationals of all coun19 tries.’’.

20 SEC. 3. TECHNICAL AMENDMENTS.

21 Section 641 of the Illegal Immigration Reform and

22 Immigrant Responsibility Act of 1996 (division C of Pub23 lic Law 104–208) is amended—
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1 (1) in subsection (h)(2)(A), by striking ‘‘Direc2 tor of the United States Information Agency’’ and

3 inserting ‘‘Secretary of State’’; and

4 (2) in subsection (d)(1), by inserting ‘‘institu5 tions of higher education or exchange visitor pro6 grams’’ after ‘‘by’’.

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