I
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 re-
ferred to the Committee on the Judiciary, and in addition to the Com-
mittee on Education and the Workforce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provi-
sions 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 Representa-
tives 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 non-
immigrant 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 re-
quest such foreign state to provide the following:
(1) Any information about the citizen or na-
tional 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 sub-
paragraph (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 fail-
ing to make reasonable efforts accurately, com-
pletely, 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 
NON-
IMMIGRANT STUDENTS FROM COUNTRIES
THAT 
ARE 
STATE 
SPONSORS 
OF 
INTER-
NATIONAL TERRORISM.
(a) IN GENERAL.—No visa authorizing entry into the
United States as a nonimmigrant described in subpara-
graph (F), (J), or (M) of section 101(a)(15) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(15)) shall
be issued to any alien from a country that is a state spon-
sor of international terrorism unless it has been deter-
mined 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 consulta-
tion 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 stand-
ards 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 de-
termined 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 Ad-
ministration Act of 1979 (or successor statute).
(B) Section 40(d) of the Arms Export
Control Act.
(C) Section 620A(a) of the Foreign Assist-
ance Act of 1961.
SEC. 4. NOTICE TO EDUCATIONAL INSTITUTIONS OF ENTRY
INTO UNITED STATES BY PROSPECTIVE STU-
DENT.
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 pur-
pose 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 IN-
STITUTIONS UNDER FOREIGN STUDENT MON-
ITORING PROGRAM.
(a) NOTIFICATION OF STUDENTS FAILING TO REG-
ISTER.—
(1) IN GENERAL.—Section 641(c)(1) of the Ille-
gal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1372(c)(1)) is
amended—
(A) in subparagraph (C), by striking
‘‘and’’ at the end;
eral collects electronically the information de-
scribed in such subparagraph under section 641
of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C.
1372).
(3) INCLUSION
OF
INFORMATION
IN
INTER-
STATE INDEX.—The Attorney General shall ensure
that information received under paragraph (2) or
section 641(c)(1)(E) of the Illegal Immigration Re-
form 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 Cen-
ter’s Interstate Identification Index.
(b) CIVIL MONEY PENALTIES FOR FAILURE TO PRO-
VIDE INFORMATION.—
(1) IN GENERAL.—Section 641(d)(2) of the Il-
legal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1372(d)(2)) is amended
to read as follows:
‘‘(2) EFFECT OF FAILURE TO PROVIDE INFOR-
MATION.—If an approved institution of higher edu-
cation, 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 add-
ing 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 imposi-
tion of an order described in paragraph (4), (5), or
(6) of section 274A(e) of such Act.’’.
(c) WITHHOLDING OF FINAL TRANSCRIPTS AND DI-
PLOMAS PENDING FULFILLMENT OF IMMIGRATION OBLI-
GATIONS.—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 sub-
section (i); and
(2) by inserting after subsection (g) the fol-
lowing:
‘‘(h) WITHHOLDING OF FINAL TRANSCRIPTS AND
DIPLOMAS PENDING FULFILLMENT OF IMMIGRATION OB-
LIGATIONS.—
‘‘(1) IN GENERAL.—Except as provided in sec-
tion 444(j) of the General Education Provisions Act
(20 U.S.C. 1232g(j)), an approved institution of
higher education, other approved educational institu-
tion, or designated exchange visitor program may
not release a diploma, final transcript, or any other
information confirming attendance or program re-
quirement completion pertaining to an alien having
the status of a nonimmigrant under subparagraph
(F), (J), or (M) of section 101(a)(15) of the Immi-
gration 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 pro-
gram participation for which the alien came to
the United States; or
‘‘(B) obtains a change in immigration sta-
tus authorizing the alien to remain in the
United States notwithstanding such completion.
‘‘(2) RECEIPT OF INFORMATION.—The Attor-
ney General shall establish a process to ensure that
approved institutions of higher education, other ap-
proved educational institutions, and designated ex-
change 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 dem-
onstrated a pattern or practice of violating para-
graph (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 viola-
tions and to pay a civil penalty in an amount
of not less than $25,000 for each such viola-
tion.’’.
(d) DOCUMENTARY REQUIREMENTS.—With respect
to any document issued by an approved institution of high-
er 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))) dem-
onstrating an alien’s eligibility for a visa under subpara-
graph (F), (J), or (M) of section 101(a)(15) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(A)(15)), the
Attorney General shall—
(1) establish a mandatory form for such docu-
ment 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 Edu-
cation 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 Nation-
ality 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.
Æ