HR 3515 IH

To ensure that aliens studying in the United States comply with the terms and conditions applicable to such study, and for other purposes.

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

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.

END