[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3515 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 3515
To ensure that aliens studying in the United States comply with the
terms and conditions applicable to such study, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 18, 2001
Mr. George Miller of California (for himself, Mr. Andrews, Mrs. Davis
of California, Ms. Eshoo, Mr. Moran of Virginia, Mr. Stenholm, Mr.
Tierney, and Ms. Woolsey) introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committee on Education and the Workforce, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To ensure that aliens studying in the United States comply with the
terms and conditions applicable to such study, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Student Responsibility
Act''.
SEC. 2. FOREIGN STATE ASSISTANCE IN ENSURING THAT PROSPECTIVE STUDENTS
ARE ELIGIBLE FOR ADMISSION INTO UNITED STATES.
(a) In General.--Upon receiving an application from a citizen or
national of a foreign state for a visa authorizing entry into the
United States as a nonimmigrant described in subparagraph (F), (J), or
(M) of section 101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)), the Secretary of State shall request such foreign
state to provide the following:
(1) Any information about the citizen or national that
pertains to a ground of inadmissibility described in paragraph
(2) or (3) of section 212(a) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)).
(2) Any information leading such foreign state reasonably
to believe that the citizen or national might violate a term or
condition of such status, if it were to be granted.
(b) Enforcement.--In the case of a foreign state described in
subsection (a), the citizens and nationals of the state may, in the
discretion of the Secretary of State, be deemed ineligible to obtain a
visa authorizing entry into the United States as a nonimmigrant
described in subparagraph (F), (J), or (M) of section 101(a)(15) of the
Immigration and Nationality Act if--
(1) the Secretary of State determines that the state has
demonstrated a pattern or practice of failing to make
reasonable efforts accurately, completely, and timely to
respond to requests described in subsection (a) and the
Secretary of State certifies such determination to the Attorney
General; or
(2) the Attorney General, in consultation with the
Secretary of State, determines that a substantial number of the
citizens and nationals of the state who have be granted such
nonimmigrant status have violated a term or condition of such
grant.
SEC. 3. RESTRICTION ON ADMISSIBILITY OF NONIMMIGRANT STUDENTS FROM
COUNTRIES THAT ARE STATE SPONSORS OF INTERNATIONAL
TERRORISM.
(a) In General.--No visa authorizing entry into the United States
as a nonimmigrant described in subparagraph (F), (J), or (M) of section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) shall be issued to any alien from a country that is a
state sponsor of international terrorism unless it has been determined
that such alien does not pose a threat to the safety or national
security of the United States according to standards developed by the
Secretary of State, in consultation with the Attorney General, and
applicable to nationals of such states. In addition to the consultation
required under the preceding sentence, any determination made by the
Secretary of State or the Attorney General under this subsection shall
be made in consultation with the heads of other appropriate United
States agencies, using standards applicable to nationals of such
states.
(b) State Sponsor of International Terrorism Defined.--
(1) In general.--In this section, the term ``state sponsor
of international terrorism'' means any country the government
of which has been determined by the Secretary of State under
any of the laws specified in paragraph (2) to have repeatedly
provided support for acts of international terrorism.
(2) Laws under which determinations were made.--The laws
specified in this paragraph are the following:
(A) Section 6(j)(1)(A) of the Export Administration
Act of 1979 (or successor statute).
(B) Section 40(d) of the Arms Export Control Act.
(C) Section 620A(a) of the Foreign Assistance Act
of 1961.
SEC. 4. NOTICE TO EDUCATIONAL INSTITUTIONS OF ENTRY INTO UNITED STATES
BY PROSPECTIVE STUDENT.
Section 641(g) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372(g)) is amended by adding at
the end the following:
``(3) Notification of entry.--The Attorney General shall
notify approved institutions of higher education, other
approved educational institutions, and designated exchange
visitor programs when an alien is admitted to the United States
for the purpose of studying at the institution or participating
in the program. The notice shall be given not later than 10
days after the alien's entry.''.
SEC. 5. ADDITIONAL OBLIGATIONS OF EDUCATIONAL INSTITUTIONS UNDER
FOREIGN STUDENT MONITORING PROGRAM.
(a) Notification of Students Failing To Register.--
(1) In general.--Section 641(c)(1) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1372(c)(1)) is amended--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(E) the failure of the alien to register in the
United States with the institution or program before
the date that is 30 days after the date on which the
alien's instruction or participation is scheduled to
commence.''.
(2) Special collection rule.--
(A) In general.--Not later than 6 months after the
date of the enactment of this Act, the Attorney
General, in consultation with the Secretary of State
and the Secretary of Education, shall establish a
process to collect from approved institutions of higher
education, other approved educational institutions, and
designated exchange visitor programs in the United
States (as defined in section 641 of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1372)), with respect to nationals of all
countries, the information described in subsection
(c)(1)(E) of such section, as added by paragraph (1).
(B) Sunset.--Subparagraph (A) shall apply until the
date on which the Attorney General collects
electronically the information described in such
subparagraph under section 641 of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1372).
(3) Inclusion of information in interstate index.--The
Attorney General shall ensure that information received under
paragraph (2) or section 641(c)(1)(E) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1372(c)(1)(E)), as added by paragraph (1), is included
in the National Crime Information Center's Interstate
Identification Index.
(b) Civil Money Penalties for Failure To Provide Information.--
(1) In general.--Section 641(d)(2) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1372(d)(2)) is amended to read as follows:
``(2) Effect of failure to provide information.--If an
approved institution of higher education, other approved
educational institution, or a designated exchange visitor
program fails to provide the specified information--
``(A) such approvals and such issuance of visas
shall be revoked or denied; or
``(B) the Attorney General shall require the
institution or program to cease and desist from such
violations and to pay a civil penalty in an amount of
not less than $25,000 for each such violation.''.
(2) Procedure.--Section 641(d) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1372(d)) is amended by adding at the end the following:
``(3) Procedure.--The provisions of section 274A(e)(3) of
the Immigration and Nationality Act (8 U.S.C. 1324a(e)(3))
shall apply to an imposition of a civil penalty under paragraph
(2)(B) in the same manner as such provisions apply to the
imposition of an order described in paragraph (4), (5), or (6)
of section 274A(e) of such Act.''.
(c) Withholding of Final Transcripts and Diplomas Pending
Fulfillment of Immigration Obligations.--Section 641 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1372) is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following:
``(h) Withholding of Final Transcripts and Diplomas Pending
Fulfillment of Immigration Obligations.--
``(1) In general.--Except as provided in section 444(j) of
the General Education Provisions Act (20 U.S.C. 1232g(j)), an
approved institution of higher education, other approved
educational institution, or designated exchange visitor program
may not release a diploma, final transcript, or any other
information confirming attendance or program requirement
completion pertaining to an alien having the status of a
nonimmigrant under subparagraph (F), (J), or (M) of section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(A)(15)) until the alien--
``(A) departs from the United States upon
completion of the education, training, or program
participation for which the alien came to the United
States; or
``(B) obtains a change in immigration status
authorizing the alien to remain in the United States
notwithstanding such completion.
``(2) Receipt of information.--The Attorney General shall
establish a process to ensure that approved institutions of
higher education, other approved educational institutions, and
designated exchange visitor programs receive the information on
alien departures and changes in immigration status that is
necessary to permit such institutions and programs to comply
with paragraph (1).
``(3) Enforcement.--If the Attorney General determines that
an approved institution of higher education, other approved
educational institution, or designated exchange visitor program
has demonstrated a pattern or practice of violating paragraph
(1), the Attorney General shall--
``(A) revoke (or deny, as the case may be) the
approval and authority to issue documents described in
subsection (d)(1); or
``(B) pursuant to the procedures described in
subsection (d)(3), require the institution or program
to cease and desist from such violations and to pay a
civil penalty in an amount of not less than $25,000 for
each such violation.''.
(d) Documentary Requirements.--With respect to any document issued
by an approved institution of higher education, other approved
educational institution, or designated exchange visitor program (as
defined in section 641(i) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(i))) demonstrating
an alien's eligibility for a visa under subparagraph (F), (J), or (M)
of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(A)(15)), the Attorney General shall--
(1) establish a mandatory form for such document that
requires the inclusion of the name of the institution or
program; and
(2) require that, if such alien is outside the United
States, such document be sent directly to a consulate of the
United States selected by the alien, in lieu of being issued to
the alien.
(e) Conditioning Eligibility Under Higher Education Act.--Section
487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is
amended by adding at the end the following:
``(24) The institution certifies that it has not had its
approval under subparagraph (F) or (M) of section 101(a)(15) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), or
its authority to issue documents to an alien demonstrating the
alien's eligibility for a visa under subparagraph (F), (J), or
(M) of such section, revoked or denied under section 641(d)(2)
of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1372(d)(2)).''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR SEVIS.
There are authorized to be appropriated such sums as may be
necessary for fiscal year 2002 and each of the 4 succeeding fiscal
years for--
(1) the operation of the Student and Exchange Visitors
Information System; and
(2) investigation and enforcement activities based on data
in such system.
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