[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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