HR 3043 IH

To provide for the establishment of an alien nonimmigrant student tracking system.

October 4, 2001

Mr. SWEENEY (for himself and Mr. TAUZIN) introduced the following bill; which was referred to the Committee on the Judiciary

To provide for the establishment of an alien nonimmigrant student tracking system.

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

SECTION 1. ESTABLISHMENT OF ALIEN NONIMMIGRANT STUDENT TRACKING SYSTEM.

(a) ESTABLISHMENT- Subject to subsection (b), not later than 180 days after the date of the enactment of this Act, the Attorney General, in consultation with the Commissioner of Immigration and Naturalization and the Secretary of State, shall develop and establish an alien nonimmigrant student tracking system to provide centralized information which shall be available to appropriate Federal agencies involved with national security. The system shall include information regarding the educational entity where the alien is enrolled, notice of any termination or transfer to another educational entity, the program of study, the status and expected completion date, place of residence, and place and nature of employment of all aliens admitted to, or residing in, the United States with the status of an alien nonimmigrant student under subparagraphs (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act.

(b) IMPLEMENTATION- If the Attorney General, in consultation with the Commissioner of Immigration and Naturalization and the Secretary of State, determines that the system authorized under subsection (a) cannot be fully implemented for all students within 180 days, the Attorney General shall give priority to the implementation of a system targeted at tracking alien nonimmigrant students who are nationals of countries (1) designated as countries that support international terrorism or support countries that support international terrorism under sections 620A and 620G of the Foreign Assistance Act of 1961 and, (2) the Attorney General considers appropriate on the basis of national security.

(c) FEES-

(1) ESTABLISHMENT-

(A) The Attorney General shall establish a fee, which the Attorney General may periodically revise, to be imposed on, and collected from all alien nonimmigrant students prior to being classified under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act. Subject to subparagraph (B), the amount of the fee shall be based on the Attorney General's estimate of the cost per alien of conducting the tracking system established under this section, but may not exceed $100.

(B) In the case of an alien admitted under section 101(a)(15)(J) of the Immigration and Nationality Act as an au pair, camp counselor, or participant in a summer work travel program, the fee shall not exceed $40.

(2) USE- Fees collected under paragraph (1) shall be deposited as offsetting receipts into a separate account in the Treasury and shall remain available until expended for the Attorney General to reimburse any appropriation the amount paid out for expenses in carrying out this section.

(d) REPORTS TO CONGRESS-

(1) INTERIM REPORT- Not later than 90 days after the date of the enactment of this Act, the Attorney General, in consultation with the Commissioner of the Immigration and Naturalization Service and the Secretary of State, shall submit a report to the Congress on the development and implementation of the system authorized by this section.

(2) ANNUAL REPORT- Not later than 1 year after the date of the enactment of this Act and on an annual basis thereafter, the Attorney General, in consultation with the Commissioner of the Immigration and Naturalization Service and the Secretary of State, shall submit to the Congress a report on the status of the system authorized by this section.

(3) FORM OF REPORTS- Reports under this subsection may be submitted in classified and unclassified form.

(4) COMMENTS- The Commissioner of the Immigration and Naturalization Service and the Secretary of State may include dissenting or other views together with any report submitted by the Attorney General under this subsection.

END