I
105TH CONGRESS
1ST SESSION
H. R. 1723
To amend the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 to make the restrictions on foreign students added by
such Act inapplicable to students lawfully present in the United States
on the effective date of the restrictions in cases where a public school
or adult education program evidences a desire for such result.
IN THE HOUSE OF REPRESENTATIVES
MAY 22, 1997
Mr. FRANK of Massachusetts introduced the following bill; which was referred
to the Committee on the Judiciary
A BILL
To amend the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 to make the restrictions on
foreign students added by such Act inapplicable to stu-
dents lawfully present in the United States on the effec-
tive date of the restrictions in cases where a public
school or adult education program evidences a desire
for such result.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. APPLICATION OF RESTRICTIONS ON FOREIGN
STUDENTS TO LAWFULLY PRESENT NON-
IMMIGRANTS AT OPTION OF SCHOOL.
(a) INADMISSIBILITY OF CERTAIN STUDENT VISA
ABUSERS.—Section 346(b) of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 (Public
Law 104–208; 110 Stat. 3009–638) is amended to read
as follows:
‘‘(b) EFFECTIVE DATE.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the amendment made by subsection (a)
shall apply to aliens who obtain the status of a non-
immigrant under section 101(a)(15)(F) of the Immi-
gration and Nationality Act after the end of the 60-
day period beginning on the date of the enactment
of this Act, including aliens whose status as such a
nonimmigrant is extended after the end of such pe-
riod.
‘‘(2) EXCEPTION.—The amendment shall not
apply to any alien lawfully present in the United
States as a nonimmigrant on the last day of such
60-day period, if the alien submits to the Attorney
General credible evidence that a public elementary or
secondary school, or a publicly funded adult edu-
cation program, desires to enroll the alien, or con-
tinue the enrollment of the alien, in a course of
study at the school or program without the alien’s
being subject to the restrictions contained in the
amendment.’’.
(b) FOREIGN STUDENTS.—Section 625(c) of the Ille-
gal Immigration Reform and Immigrant Responsibility
Act of 1996 (Public Law 104–208; 110 Stat. 3009–700)
is amended to read as follows:
‘‘(c) EFFECTIVE DATE.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by subsection (a)
shall apply to aliens who obtain the status of a non-
immigrant under section 101(a)(15)(F) of the Immi-
gration and Nationality Act after the end of the 60-
day period beginning on the date of the enactment
of this Act, including aliens whose status as such a
nonimmigrant is extended after the end of such pe-
riod.
‘‘(2) EXCEPTION.—The amendments shall not
apply to any alien lawfully present in the United
States as a nonimmigrant on the last day of such
60-day period, if the alien submits to the Attorney
General credible evidence that a public elementary or
secondary school, or a publicly funded adult edu-
cation program, desires to enroll the alien, or con-
tinue the enrollment of the alien, in a course of
study at the school or program without the alien’s
being subject to the restrictions contained in the
amendments.’’.
(c) EFFECTIVE DATE.—The amendments made by
subsections (a) and (b) shall take effect as if included in
the enactment of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996 (Public Law 104–208;
110 Stat. 3009–546).
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