I
107TH CONGRESS
1ST SESSION
H. R. 3043
To provide for the establishment of an alien nonimmigrant student tracking
system.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 4, 2001
Mr. SWEENEY (for himself and Mr. TAUZIN) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
To provide for the establishment of an alien nonimmigrant
student tracking system.
Be it enacted by the Senate and House of Representa-
tives 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 central-
ized information which shall be available to appropriate
Federal agencies involved with national security. The sys-
tem shall include information regarding the educational
entity where the alien is enrolled, notice of any termi-
nation or transfer to another educational entity, the pro-
gram 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 Attor-
ney General shall give priority to the implementation of
a system targeted at tracking alien nonimmigrant stu-
dents who are nationals of countries (1) designated as
countries that support international terrorism or support
countries that support international terrorism under sec-
tions 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 periodi-
cally 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 estab-
lished 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 pro-
gram, the fee shall not exceed $40.
(2) USE.—Fees collected under paragraph (1)
shall be deposited as offsetting receipts into a sepa-
rate account in the Treasury and shall remain avail-
able until expended for the Attorney General to re-
imburse 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 At-
torney General, in consultation with the Commis-
sioner of the Immigration and Naturalization Serv-
ice and the Secretary of State, shall submit a report
to the Congress on the development and implementa-
tion 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 Immigra-
tion 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 un-
classified form.
(4) COMMENTS.—The Commissioner of the Im-
migration and Naturalization Service and the Sec-
retary of State may include dissenting or other views
together with any report submitted by the Attorney
General under this subsection.
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