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107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-753

======================================================================



 
                  BORDER COMMUTER STUDENT ACT OF 2002

                                _______
                                

October 15, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4967]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 4967) to establish new nonimmigrant classes for 
border commuter students, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for the Legislation..........................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Vote of the Committee............................................     2
Committee Oversight Findings.....................................     2
Performance Goals and Objectives.................................     2
New Budget Authority and Tax Expenditures........................     3
Constitutional Authority Statement...............................     3
Section-by-Section Analysis and Discussion.......................     3
Changes in Existing Law Made by the Bill, as Reported............     3
Markup Transcript................................................     5

                          Purpose and Summary

    H.R. 4967 would expand the ``F'' and ``M'' nonimmigrant 
student visa categories of the Immigration and Nationality Act 
(INA) to include nationals of Canada or Mexico who maintain 
actual residence and place of abode in the country of 
nationality, whose course of study may be full or part-time, 
and who commute to a United States institution or place of 
study from Canada or Mexico.

                Background and Need for the Legislation

    The INA permits foreign students to study in the U.S. on 
temporary, or ``nonimmigrant'' student visas. Subsections (F) 
and (M) of the INA section 101(a)(15) require aliens to be 
full-time students to be eligible for ``F'' (Academic or 
Language Studies) or ``M'' (Vocational or Non-academic Studies) 
nonimmigrant student visas. However, some Immigration and 
Naturalization Service (INS) districts have permitted commuter 
part-time students from Canada and Mexico to enter the U.S. as 
visitors to by-pass this statutory requirement because no visa 
category exists for part-time commuter students.
    Since September 11, 2001, the INS has issued memoranda 
regarding its intent to end this practice, but permitted its 
continuance through the end of 2002 for students already 
enrolled in border schools. On August 27, 2002, the INS issued 
an interim rule to expand the ``F'' and ``M'' student visa 
categories to permit Mexican and Canadian part-time commuter 
students to obtain student visas. However, such a rule is open 
to differing interpretations across administrations. H.R. 4967 
would make Congress' intent clear that such students should be 
able to obtain student visas and attend U.S. schools along our 
borders.

                                Hearings

    No hearings were held on H.R. 4967.

                        Committee Consideration

    On September 25, 2002, the Subcommittee on Immigration, 
Border Security, and Claims met in open session and ordered 
favorably reported the bill H.R. 4967, by a voice vote, a 
quorum being present. On October 9, 2002, the Committee met in 
open session and ordered favorably reported the bill H.R. 4967 
without amendment by voice vote, a quorum being present.

                         Vote of the Committee

    There were no recorded votes on H.R. 4967.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

                    Performance Goals and Objectives

    H.R. 4967 does not authorize funding. Therefore, clause 
3(c) of rule XIII of the Rules of the House of Representatives 
is inapplicable.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of House rule XIII is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8, clause 4 of the 
Constitution.

               Section-by-Section Analysis and Discussion

Sec. 2. Establishment of Border Commuter Non-immigrant Class.
    Section 2(a) of the bill amends section 101(a)(15)(F) of 
the INA to expand authorization for such status to include 
aliens who are nationals of Canada or Mexico, who maintain 
actual residence and place of abode in their country of 
nationality, who are pursuing a full or part-time course of 
study in academic or language studies, and who commute to the 
U.S. institution or place of study from Canada or Mexico.
    Section 2(b) amends section 101(a)(15)(M) of the INA to 
expand authorization for such status to include aliens who are 
nationals of Canada or Mexico, who maintain actual residence 
and place of abode in their country of nationality, who are 
pursuing a full or part-time course of study in vocational or 
non-academic studies, and who commute to the U.S. institution 
or place of study from Canada or Mexico.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

IMMIGRATION AND NATIONALITY ACT

           *       *       *       *       *       *       *


                            TITLE I--GENERAL

                              definitions

    Section 101. (a) As used in this Act--
    (1) * * *

           *       *       *       *       *       *       *

    (15) The term ``immigrant'' means every alien except an 
alien who is within one of the following classes of 
nonimmigrant aliens--
            (A) * * *

           *       *       *       *       *       *       *

            (F)(i) an alien having a residence in a foreign 
        country which he has no intention of abandoning, who is 
        a bona fide student qualified to pursue a full course 
        of study and who seeks to enter the United States 
        temporarily and solely for the purpose of pursuing such 
        a course of study consistent with section 214(l) at an 
        established college, university, seminary, 
        conservatory, academic high school, elementary school, 
        or other academic institution or in a language training 
        program in the United States, particularly designated 
        by him and approved by the Attorney General after 
        consultation with the Secretary of Education, which 
        institution or place of study shall have agreed to 
        report to the Attorney General the termination of 
        attendance of each nonimmigrant student, and if any 
        such institution of learning or place of study fails to 
        make reports promptly the approval shall be withdrawn, 
        [and (ii) the alien spouse and minor children of any 
        such alien if accompanying him or following to join 
        him;] (ii) the alien spouse and minor children of any 
        alien described in clause (i) if accompanying or 
        following to join such an alien, and (iii) an alien who 
        is a national of Canada or Mexico, who maintains actual 
        residence and place of abode in the country of 
        nationality, who is described in clause (i) except that 
        the alien's qualifications for and actual course of 
        study may be full or part-time, and who commutes to the 
        United States institution or place of study from Canada 
        or Mexico;

           *       *       *       *       *       *       *

            (M)(i) an alien having a residence in a foreign 
        country which he has no intention of abandoning who 
        seeks to enter the United States temporarily and solely 
        for the purpose of pursuing a full course of study at 
        an established vocational or other recognized 
        nonacademic institution (other than in a language 
        training program) in the United States particularly 
        designated by him and approved by the Attorney General, 
        after consultation with the Secretary of Education, 
        which institution shall have agreed to report to the 
        Attorney General the termination of attendance of each 
        nonimmigrant nonacademic student and if any such 
        institution fails to make reports promptly the approval 
        shall be withdrawn, [and (ii) the alien spouse and 
        minor children of any such alien if accompanying him or 
        following to join him;] (ii) the alien spouse and minor 
        children of any alien described in clause (i) if 
        accompanying or following to join such an alien, and 
        (iii) an alien who is a national of Canada or Mexico, 
        who maintains actual residence and place of abode in 
        the country of nationality, who is described in clause 
        (i) except that the alien's course of study may be full 
        or part-time, and who commutes to the United States 
        institution or place of study from Canada or Mexico;

           *       *       *       *       *       *       *


TITLE II--IMMIGRATION

           *       *       *       *       *       *       *


 Chapter 2--Qualifications for Admission of Aliens; Travel Control of 
Citizens and Aliens

           *       *       *       *       *       *       *


                       admission of nonimmigrants

      Sec. 214. (a) * * *

           *       *       *       *       *       *       *

    (m)(1) An alien may not be accorded status as a 
nonimmigrant under [section 101(a)(15)(F)(i)] clause (i) or 
(iii) of section 101(a)(15)(F) in order to pursue a course of 
study--
            (A) * * *

           *       *       *       *       *       *       *

    (2) An alien who obtains the status of a nonimmigrant under 
[section 101(a)(15)(F)(i)] clause (i) or (iii) of section 
101(a)(15)(F) in order to pursue a course of study at a private 
elementary or secondary school or in a language training 
program that is not publicly funded shall be considered to have 
violated such status, and the alien's visa under section 
101(a)(15)(F) shall be void, if the alien terminates or 
abandons such course of study at such a school and undertakes a 
course of study at a public elementary school, in a publicly 
funded adult education program, in a publicly funded adult 
education language training program, or at a public secondary 
school (unless the requirements of paragraph (1)(B) are met).

           *       *       *       *       *       *       *


                           Markup Transcript



                            BUSINESS MEETING

                       WEDNESDAY, OCTOBER 9, 2002

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 11:25 a.m., in 
Room 2141, Rayburn House Office Building, Hon. F. James 
Sensenbrenner [Chairman of the Committee] presiding.

           *       *       *       *       *       *       *

    Chairman Sensenbrenner. The next item on the agenda is the 
adoption of H.R. 4967. The Chair recognizes the gentleman from 
Pennsylvania for a motion.
    Mr. Gekas. Mr. Chairman, the Subcommittee on Immigration 
and Border Security reports favorably the bill H.R. 4967 and 
moves its favorable recommendation to the full House.
    Chairman Sensenbrenner. Without objection, the bill will be 
considered as read and open for amendment at any point.
    [The bill, H.R. 4967, follows:]
    
    
    Chairman Sensenbrenner. And the Chair recognizes the 
gentleman from Pennsylvania, Mr. Gekas, to strike the last 
word.
    Mr. Gekas. The Immigration and Nationality Act permits 
foreign students to study in the U.S. on nonimmigrant student 
visas. Aliens must be full-time students and reside in the U.S. 
to be eligible for this particular nonimmigrant student visa; 
however, some INS districts have paroled commuter students from 
Canada and Mexico into the U.S. as visitors to bypass this 
statutory requirement because no visa category exists for part-
time commuter students.
    Since September 11, 2001 the INS has issued memoranda 
regarding its intent to end this practice of accommodating 
commuter students, but permitted its continuance through the 
end of 2002 for students already enrolled in these border 
schools.
    On August 27, 2002 the INS issued an interim rule to expand 
the ``F'' and ``M'' student visa categories to permit Mexican 
and Canadian commuter students to obtain student visas. 
However, such a rule is open to differing interpretations 
across administrations.
    Passing this bill, H.R. 4967, the ``Border Commuter Student 
Act,'' would make Congress's intent clear that such Canadian 
and Mexican students should be able to obtain student visas and 
attend U.S. schools along our borders.
    H.R. 4967 amends the F and M student categories of the INA 
to expand student visa authorization for nationals of Canada or 
Mexico who maintain actual residence and place of abode in the 
country of nationality, whose course of study may be full or 
part time, and who commute to the U.S. institution or place of 
study from Canada or Mexico.
    We urge support of this bill.
    Chairman Sensenbrenner. Without objection, all Members' 
opening statements may be placed in the record at this point.
    Chairman Sensenbrenner. Are there amendments? There are no 
amendments. The Chair notes--.
    Mr. Gekas. Mr. Chairman, we have several documents that we 
wish to enter into the record, without objection.
    Chairman Sensenbrenner. Without objection, they will be 
entered.
    [The information follows:]
    
    
    Chairman Sensenbrenner. The Chair notes the presence of a 
reporting quorum. The question occurs on the motion to report 
the bill H.R. 4967 favorably.
    Those in favor will say aye.
    Opposed, no.
    The ayes appear to have it. The ayes have it. The motion to 
report favorably is adopted.
    Without objection, the Chairman is authorized to move to go 
to conference pursuant to House rules. Without objection, the 
staff is directed to make any technical and conforming changes, 
and all Members will be given 2 days as provided by House rules 
in which to submit additional dissenting, supplemental, or 
minority views.