,,ii #aaith ,,congress #ast ,session ,s4 #beee ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #cj1 #bjbe ,mr4 ,tuberville introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to improve student and exchange visitor visa programs4 #a4 ,short title ,this ,act may be cited as the ,student ,visa ,integrity ,act of #bjbe4 #b4 ,definitions ,in this ,act3 7#a7 ,,sevis ,the term ,,sevis means the ,student and ,exchange ,visitor ,information ,system of the ,department of ,homeland ,security4 7#b7 ,,sevp ,the term ,,sevp means the ,student and ,exchange ,visitor ,program of the ,department of ,homeland ,security4 #c4 ,increased criminal penalties ,section #aedf7;a7 of title #ah1 ,united ,states ,code1 is amended by striking #aj years and inserting #ae years 7if the offense was committed by an owner1 official1 employee1 or agent of an educational institution with respect to such institution's participation in the ,student and ,exchange ,visitor ,program71 #aj years4 #d4 ,accreditation of academic institutions ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended-- 7#a7 in section #aja7;a7 7#h ,u4,s4,c4 #aaja7;a77-- 7,a7 in paragraph 7#ae77;,f77i7-- 7i7 by striking section #bad7l7 and inserting section #bad7m72 7ii7 by inserting language training program1 after elementary school12 7iii7 by striking or in an accredited language training program2 and 7iv7 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 and 7,b7 by striking paragraph 7#eb72 and 7#b7 in section #bad7m7 7#h ,u4,s4,c4 #aahd7m771 by adding at the end the following3 7#c7 7,a7 ,the ,secretary of ,homeland ,security or ,secretary of ,state1 as appropriate1 shall require accreditation of an academic institution 7except for a public elementary or secondary school71 language training program1 or any program of study for which approval under subparagraph 7,f7 or 7,m7 of section #aja7;a77#ae71 or designation under section #aja7;a77#ae77;,j71 is sought or has been granted4 7,b7 ,in this paragraph1 the term accreditation means accreditation by an accrediting agency recognized by the ,secretary of ,education4 7#d7 7,a7 ,the ,secretary of ,homeland ,security1 in the ,secretary's discretion1 may waive the accreditation requirement under paragraph 7#c7 if-- 7i7 the academic institution concerned is otherwise in compliance with subparagraph 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae71 as applicable1 and section #fda of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgb72 7ii7 an appropriate accrediting agency recognized by the ,secretary of ,education is able to provide such accreditation2 and 7iii7 on the date of enactment of this paragraph1 the academic institution concerned has been a candidate for accreditation for not less than #a year and continues to make appropriate progress toward accreditation by an accrediting agency recognized by the ,secretary of ,education4 7,b7 ,a waiver granted under this paragraph may not be valid for a period longer than #a year4 ,such waiver may be extended in #a-year increments1 provided the academic institution concerned continues to satisfy the requirements of subparagraph 7,a71 up to the maximum length of time an academic institution may remain a candidate for accreditation with the recognized accrediting agency4 7,c7 ,the ,secretary of ,homeland ,security shall maintain and publish a current list of all academic institutions that have been granted a waiver under this paragraph4 4 #e4 ,reporting payment of tuition ,section #fda7;c77#a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgb7;c77#a77 is amended-- 7#a7 in subparagraph 7,g71 by striking and at the end2 7#b7 in subparagraph 7,h71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7,i7 the date on which full tuition has been paid by the alien4 4 #f4 ,disclosure of school affiliation with the ,government of the ,people's ,republic of ,china ,section #fda7;d7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgb7;d77 is amended-- 7#a7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7#b7 by inserting after paragraph 7#a7 the following3 7#b7 ,supporting documents required for certification ,institutions of higher education and other approved educational institutions petitioning for certification or recertification with the ,student and ,exchange ,visitor ,program to authorize the attendance of nonimmigrant students described in subparagraph 7,f77i7 or 7,m77i7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77 shall include with such petition-- 7,a7 final copies of any contracts1 agreements1 or documentation of financial transactions between the institution or its affiliated student or faculty groups1 foundations1 or related entities and any educational1 cultural1 or language entity that is directly or indirectly funded by the ,government of the ,people's ,republic of ,china2 and 7,b7 a detailed description of any financial contributions from the ,government of the ,people's ,republic of ,china or its affiliates to any student or faculty groups affiliated with such institution4 4 #g4 ,penalties for failure to comply with ,,sevis reporting requirements ,section #fda of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgb71 as amended by this ,act1 is further amended-- 7#a7 in subsection 7c77#a7-- 7,a7 by striking institution11 each place such term appears and inserting institution12 and 7,b7 in subparagraph 7,d71 by striking and at the end2 and 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a77;,a71 by striking institution11 and inserting institution12 and 7,b7 in paragraph 7#c71 as redesignated by section #f1 by striking fails to provide the specified information and all that follows through the period at the end and inserting 8does not comply with all reporting requirements set forth in this section1 the ,secretary of ,homeland ,security or ,secretary of ,state1 as applicable1 shall-- 7,a7 impose a monetary fine on such institution or program in an amount to be determined by the applicable ,secretary that is not less than #a1jjj2 7,b7 7i7 suspend the authority of such institution or program to issue the documents described in paragraph 7#a77;,b71 such as the ,form ,i-#bj or ,,ds-#bjai1 until the date on which all such reporting requirements are met2 or 7ii7 7,i7 in the case of an approved institution of higher education1 or other approved educational institution1 terminate the approval of such institution under subparagraph 7,f7 or 7,m7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae772 and 7,,ii7 in the case of a designated exchange visitor program1 terminate such designation2 7,c7 if all such reporting requirements have not been satisfied within the #ahj-;day period after the date on which the applicable reporting was required to have been made and the penalty described in subparagraph 7,b77ii7 has not already been imposed1 impose such penalty2 and 7,d7 if such noncompliance involves the information or documentation described in paragraph 7#b71 conduct an out-of-cycle review of the institution or program4 4 #h4 ,visa fraud 7a7 ,immediate withdrawal of ,,sevp certification ,section #fda7;d7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgb7;d771 as amended by this ,act1 is further amended by adding at the end the following3 7#d7 ,effect of fraud indictment or reasonable suspicion of fraud ,if the ,secretary of ,homeland ,security or the ,secretary of ,state1 as appropriate1 knows or has reasonable grounds to believe that a principal or a designated school official of an approved institution of higher education or other approved educational institution1 or a principal1 responsible officer1 alternate responsible officer of a designated exchange visitor program1 has committed fraud or attempted to commit fraud relating to any aspect of the program described in subsection 7a77#a71 or if such principal1 designated school official1 or responsible officer or alternate responsible officer1 is indicted for such fraud1 the relevant ,secretary may immediately1 in the ,secretary's discretion1 impose any of the following sanctions3 7,a7 7i7 ,in the case of an approved institution of higher education1 or other approved educational institution1 suspension1 without prior notice1 of the approval of such institution under subparagraph 7,f7 or 7,m7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae774 7ii7 ,in the case of a designated exchange visitor program1 suspension1 without prior notice1 of such designation4 7,b7 ,suspension of such official's1 responsible officer's1 or alternate responsible officer's access to databases or systems implementing the program described in subsection 7a77#a74 7,c7 ,suspension of the authority of such institution or program to issue the documents described in paragraph 7#a77;,b74 4 7b7 ,effect of conviction for student visa fraud ,section #fda7;d7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgb7;d771 as amended by this ,act1 is further amended by adding at the end the following3 7#e7 ,permanent disqualification for convictions ,a principal or a designated school official at an approved institution of higher education or other approved educational institution1 or a principal or a responsible officer or alternate responsible officer at a designated exchange visitor program1 shall be permanently disqualified from participation in the program described in paragraph 7#a7 and permanently ineligible to submit a petition for approval of such institution under subparagraph 7,f7 or 7,m7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77 if he or she is convicted of a violation1 punishable by a term of imprisonment of more than #a year1 of any of the following3 7,a7 ,section #bgd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd7 7relating to unlawful bringing of aliens into the ,united ,states74 7,b7 ,section #aedf of title #ah1 ,united ,states ,code 7relating to fraud and misuse of visas1 permits1 and other documents7 relating to an academic institution's participation in the ,student and ,exchange ,visitor ,program4 7,c7 ,chapter #cg of title #ah1 ,united ,states ,code 7relating to espionage and censorship74 7,d7 ,chapter #gg of title #ah1 ,united ,states ,code 7relating to peonage1 slavery and trafficking in persons74 7,e7 ,chapter #aag of title #ah1 ,united ,states ,code 7relating to transportation for illegal sexual activity and related crimes74 4 #i4 ,eligibility reviews and program integrity 7a7 ,in general ,section #fda7;d7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgb7;d771 as amended by this ,act1 is further amended by adding at the end the following3 7#f7 ,eligibility review requirement 7,a7 ,in general ,an individual may not serve as a principal or designated school official at an approved institution of higher education or other approved educational institution1 or as a principal1 responsible officer1 or alternate responsible officer at a designated exchange visitor program1 or be granted access to any database or system implementing the program described in subsection 7a77#a7 unless the individual is a citizen or national of the ,united ,states or an alien lawfully admitted for permanent residence and1 except as provided in subparagraph 7,d71 during the immediately preceding #d-year period-- 7i7 the ,secretary of ,homeland ,security has-- 7,i7 conducted a thorough eligibility review of the individual1 including-- 7aa7 a review of the individual's criminal and sex offender history2 and 7bb7 a verification of the individual's immigration status2 and 7,,ii7 determined that-- 7aa7 the individual has1 to the satisfaction of the ,secretary of ,homeland ,security1 been determined eligible after the review required under subclause 7,i72 7bb7 the individual has not been found to have violated the immigration laws2 and 7cc7 in the discretion of the ,secretary of ,homeland ,security1 the individual is not a risk to public safety or the national security of the ,united ,states2 and 7ii7 the individual has successfully completed an on-line training course on the program described in subsection 7a77#a7 and any database or system implementing such program1 which has been developed by the ,secretary4 7,b7 ,designated school officials and responsible officers 7i7 ,in general ,more than one individual shall serve as a designated school official or responsible officer1 as applicable4 7ii7 ,reviews by the ,secretary ,if an individual serving as designated school official or responsible officer under clause 7i7 does not successfully complete the background check required by subparagraph 7,a77i77,i71 the ,secretary of ,homeland ,security shall review a representative1 statistically significant sample of the documents described in paragraph 7#a77;,b7 issued by such designated school official or responsible officer4 7iii7 ,termination ,notwithstanding the satisfaction of an eligibility review under subparagraph 7,a7 by a principal1 designated school official1 responsible officer1 or alternate responsible officer1 the ,secretary of ,homeland ,security may1 in the discretion of the ,secretary1 terminate or suspend such principal's1 official's1 or officer's access to databases or systems implementing the program described in subsection 7a77#a71 based on information relating to such principal's1 official's1 or officer's eligibility reviewed by the ,secretary at any time other than the period for eligibility review described in subparagraph 7,a74 7,c7 ,direct and third-party promoters and recruiters 7i7 ,rules and standards ,direct and third-party promoters of an approved institution of higher education or other approved educational institution shall comply with the rules and standards prescribed by the ,secretary of ,homeland ,security to oversee such promotion and recruitment1 including-- 7,i7 registration with ,u4,s4 ,immigration and ,customs ,enforcement1 which the ,secretary shall make publicly available2 7,,ii7 minimum qualifications2 7,,iii7 guidelines for representing study opportunities in the ,united ,states1 generally1 and with such approved institutions specifically1 to foreign nationals2 and 7,,iv7 permissible fee arrangements4 7ii7 ,effect of violation ,if the ,secretary of ,homeland ,security determines1 in the ,secretary's unreviewable discretion1 that a direct or third-party promoter or recruiter has violated any rule or standard described in clause 7i71 the ,secretary shall suspend or permanently bar such individual from association with an approved institution4 7iii7 ,compliance ,each approved institution shall maintain a written agreement between the approved institution and each direct or third-party promoter or recruiter operating on behalf of such approved institution that outlines the rules and standards prescribed under clause 7i74 7,d7 ,definitions ,in this paragraph3 7i7 ,principal ,the term principal means an individual who is considered to be an owner or in a position of substantive authority to make policy1 operational1 or managerial decisions affecting academic programs or the entire institution or program at an approved institution of higher education1 other approved educational institution1 or designated exchange visitor program4 7ii7 ,substantive authority ,with respect to the position of an individual1 the term substantive authority mean the individual serves as an administrator1 officer1 board member1 manager1 executive1 general partner1 fiduciary1 or in a similar position4 7,e7 ,review period ,a person already serving in a position described in subparagraph 7,a7 on the date of the enactment of this paragraph shall undergo an eligibility review during the #e-year period immediately following such date of enactment of this ,act and thereafter according to the timetable described in such subparagraph4 7#g7 ,fee ,the ,secretary of ,homeland ,security is authorized to collect a fee from an approved institution of higher education or other approved educational institution1 or designated exchange visitor program1 for each eligibility review conducted under paragraph 7#f77;,a77i74 ,the amount of such fee shall be equal to the average amount expended by the ,secretary to conduct such eligibility review4 7#h7 ,financial responsibility ,an approved institution of higher education or other approved educational institution may require tuition payment before issuing a document described in paragraph 7#a77;,b74 7#i7 ,transfer students ,an approved institution of higher education or other approved educational institution may not issue a document described in paragraph 7#a77;,b7 to an alien student seeking to transfer from one approved institution to another4 7#aj7 ,commitment to major or program ,an alien student shall not have the ability to change their program of study or intended major as reported on their ,form ,i-#bj4 7#aa7 ,audits and site visits ,each fiscal year the ,secretary of ,homeland ,security or the ,secretary of ,state1 as appropriate1 shall perform a site visit and audit of not less than #a percent of the approved institutions of higher education or other approved educational institutions that maintain1 in the databases or systems implementing the program described in subsection 7a77#a71 #a or more students who have graduated from a course of study at such institution4 7#ab7 ,employer requirements 7,a7 ,in general ,the lawful employer of an alien student described in subsection 7a77#a77;,a7 shall-- 7i7 be registered and a participant in good standing in the electronic employment verification program initiated in section #djc of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh2 #h ,u4,s4,c4 #acbd;a note72 7ii7 report to the alien's institution of higher education or other approved educational institution-- 7,i7 the position that the alien is filling2 7,,ii7 the location of the alien's worksite2 7,,iii7 the wage that the alien will be paid2 and 7,,iv7 within #dh hours-- 7aa7 the termination of the alien from the employment2 7bb7 the resignation of the alien from employment2 or 7cc7 the failure of the alien to report for work for a period of #e consecutive work days without the consent of the employer2 and 7iii7 as a condition precedent of such employment1 attest under penalty of perjury to the ,secretary of ,labor that-- 7,i7 the student will not replace a full-time or part-time ,united ,states worker 7as defined in section #bab7t77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7t77#d7772 and 7,,ii7 the terms and conditions of the employment1 including duties1 hours1 and compensation1 are commensurate with terms and conditions applicable to the employer's similarly situated ,united ,states workers in the area of employment4 7,b7 ,limitation on employment authorization ,the ,secretary of ,homeland ,security shall not grant employment authorization to an alien student described in subsection 7a77#a77;,a7-- 7i7 during a period of at least #a year to work for1 either directly or indirectly1 an employer that the ,secretary of ,labor has found to have failed to meet the requirements under clause 7i7 or 7ii7 of subparagraph 7,a72 7ii7 during a period of at least #c years to work for1 either directly or indirectly1 an employer that the ,secretary of ,labor has found to have failed to meet the requirements under clause 7iii7 of subparagraph 7,a72 and 7iii7 during a period of at least #aj years to work for1 either directly or indirectly1 an employer that the ,secretary of ,labor has found1 after notice and opportunity for a hearing1 to have willfully failed to meet the requirements under clause 7iii7 of subparagraph 7,a74 4 7b7 ,effective date ,the amendments made by this section shall take effect on the date that is #a year after the date of the enactment of this ,act4 #aj4 ,revocation of authority to issue a visa eligibility document to nonimmigrant students of uncertified flight training providers ,immediately upon the enactment of this ,act1 the ,secretary of ,homeland ,security shall prohibit any flight training provider from receiving ,,sevp certification and rescind the ,,sevp certification of any flight training provider if the flight training provider has not been certificated to the satisfaction of the ,secretary and by the ,federal ,aviation ,administration pursuant to part #ada or part #adb of title #ad1 ,code of ,federal ,regulations 7or successor regulations74 #aa4 ,revocation of accreditation 7a7 ,notification ,an accrediting agency or association that is required to notify the ,secretary of ,education and the appropriate ,state licensing or authorizing agency of the final denial1 withdrawal1 suspension1 or termination of accreditation of an institution pursuant to section #dif of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajii;b7 shall also notify the ,secretary of ,homeland ,security and ,secretary of ,state of such determination within #cj days of such withdrawal1 suspension1 or termination4 7b7 ,termination of approval ,upon receipt of the notification described in paragraph 7#a71 the ,secretary of ,homeland ,security shall terminate the approval of such institution under subparagraph 7,f7 or 7,m7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae774 #ab4 ,tracking nonimmigrant aliens engaged in study in the ,united ,states ,subparagraph 7,a7 of section #fda7;a77#a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgb7;a77#a77 is amended to read as follows3 7,a7 7i7 have the status1 or are applying for the status-- 7,i7 of a nonimmigrant under subparagraph 7,f71 7,j71 or 7,m7 of section #aaja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae772 or 7,,ii7 of a nonimmigrant under the immigration laws 7as defined in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a777 and are pursuing or intend to pursue a full course of study at an institution or language training program described in subparagraph 7,f7 or 7,m7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae772 and 4 #ac4 ,language study and flight training in student status ,section #bad7m7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7m771 as amended by this ,act1 is further amended by adding at the end the following3 7#e7 ,language study and flight training 7,a7 ,in general 7i7 ,an alien seeking to participate in a language training program may do so only in the status of a nonimmigrant under subparagraph 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae74 7ii7 ,an alien seeking to participate in a flight training program may do so only in the status of a nonimmigrant under subparagraph 7,f7 or 7,m7 of section #aja7;a77#ae74 7,b7 ,exception ,the requirement in subparagraph 7,a77ii7 shall not apply to occupational training or a refresher or continuing education course or seminar1 where such training1 course1 or seminar is short-duration and necessary to maintain a previously obtained certification or rating1 or otherwise professionally required4 4 #ad4 ,prohibition on flight training and nuclear studies for nationals of countries of concern 7a7 ,in general ,the ,secretary of ,state shall deny a visa to1 and the ,secretary of ,homeland ,security shall not admit1 grant status to1 or parole into the ,united ,states1 any alien-- 7#a7 who is a citizen of-- 7,a7 ,afghanistan1 ,iran1 ,iraq1 ,libya1 or ,syria2 or 7,b7 any country designated by the ,secretary of ,state under section #f7;j7 of the ,export ,administration ,act of #aigi 7#ej ,u4,s4,c4 #bdje7 7as continued in effect under the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq4771 section #dj of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bghj71 section #fbj;,a of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcga71 or any other provision of law1 as a country the government of which has repeatedly provided support of acts of international terrorism2 and 7#b7 7,a7 who is an applicant for a visa and who the ,secretary of ,state determines seeks to enter the ,united ,states-- 7i7 to participate in coursework at an institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a777 to prepare the alien for a career in-- 7,i7 the energy sector of ,iran2 or 7,,ii7 nuclear science1 nuclear engineering1 or a related field2 or 7ii7 to participate in coursework or training relating to or otherwise engage in flight training1 aviation maintenance1 or flight operations2 7,b7 who is applying for admission to the ,united ,states and who the ,secretary of ,homeland ,security determines seeks to participate in coursework1 training1 or activities described in subparagraph 7,a72 7,c7 who is in the ,united ,states and who the ,secretary of ,homeland ,security determines is applying to change or extend status to participate in such coursework1 training1 or activities2 or 7,d7 who is in the ,united ,states and authorized to study1 and who the ,secretary of ,homeland ,security determines is participating in such coursework1 training1 or activities or seeks to change his or her field of study to participate in such coursework1 training1 or activities4 7b7 ,termination of status ,the ,secretary of ,homeland ,security shall terminate the nonimmigrant status1 or otherwise revoke the authorization to remain in the ,united ,states1 of any alien described in subsection 7a7 who is physically present in the ,united ,states4 7c7 ,countries of concern 7#a7 ,in general ,the ,secretary of ,homeland ,security may1 in the discretion of the ,secretary of ,homeland ,security1 and in consultation with the ,secretary of ,state and the ,director of ,national ,intelligence1 designate additional countries the nationals of which are subject to the restrictions described in subsection 7a74 7#b7 ,considerations ,in making a designation under paragraph 7#a71 the ,secretary of ,homeland ,security shall consider whether-- 7,a7 the presence of an alien in the country or area concerned increases the likelihood that the alien is a credible threat to the national security of the ,united ,states2 7,b7 a foreign terrorist organization has a significant presence in the country or area2 and 7,c7 the country or area is a safe haven for terrorists4 7#c7 ,review ,not less frequently than annually1 the ,secretary of ,homeland ,security shall conduct a review of each designation made under paragraph 7#a74 7d7 ,repeal ,section #eja of the ,iran ,threat ,reduction and ,syria ,human ,rights ,act of #bjab 7#bb ,u4,s4,c4 #hgga7 is repealed4 #ae4 ,exclusion of citizens of adversarial countries from seeking education in the ,united ,states 7a7 ,in general ,the ,secretary of ,state shall deny a visa to1 and the ,secretary of ,homeland ,security shall exclude from the ,united ,states1 any alien who is a citizen of a country that has been determined to be a foreign adversary that the ,secretary of ,state determines seeks to enter the ,united ,states to participate in coursework at an institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7774 7b7 ,foreign adversary country list ,the following countries are considered to be foreign adversaries1 as determined by the ,secretary of ,state3 7#a7 ,the ,people's ,republic of ,china1 including the ,hong ,kong ,special ,administrative ,region and the ,macau ,special ,administrative ,region 7commonly known as ,china74 7#b7 ,the ,republic of ,cuba 7commonly known as ,cuba74 7#c7 ,the ,islamic ,republic of ,iran 7commonly known as ,iran74 7#d7 ,the ,democratic ,people's ,republic of ,korea 7commonly known as ,north ,korea74 7#e7 ,the ,russian ,federation 7commonly known as ,russia74 7#f7 ,venezuela under ,venezuelan politician ,nicols ,maduro 7commonly known as the ,maduro ,regime74 7#g7 ,any other country identified by the ,secretary of ,state that-- 7,a7 may pose a threat to the ,united ,states2 or 7,b7 may be inclined to steal research in a manner that could threaten ,united ,states national security4 7c7 ,applicability ,subsection 7a7 applies with respect to visa applications filed on or after the date of the enactment of this ,act4 #af4 ,requirement that students have a definite end-date for authorized period of stay ,section #bce7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;a77 is amended by adding at the end the following3 7#f7 ,period of authorized stay 7,a7 ,in general ,aliens admitted to the ,united ,states under subparagraph 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae7 to pursue a course of study shall be admitted by the ,secretary of ,homeland ,security for a definite period of authorized stay not to exceed the shorter of the length of their program or #d years1 plus the post-study period under subparagraph 7,b71 and shall be issued documentation stating the end date of the alien's period of stay in the ,united ,states1 subject to the following exceptions3 7i7 ,aliens subject to the limitations described in subparagraph 7,d7 may be admitted only for the applicable period under that subparagraph4 7ii7 ,aliens whose course of study is in a language training program are restricted to an aggregate total of #b years of language study1 including any school breaks and annual vacations4 7iii7 ,aliens who are granted status under section #aja7;a77#ae77;,f77iii7 as border commuter students may be admitted only for the semester or term dates for the student's current term of study4 7iv7 ,aliens who are granted status under subparagraph 7,f7 or 7,j7 of section #aja7;a77#ae7 to attend a public high school are restricted to an aggregate of not more than #a year to complete their course of study1 including any school breaks and annual vacations4 7v7 ,the authorized period of stay for dependents admitted under subparagraph 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae7 may not exceed the authorized period of stay of the principal alien4 7,b7 ,post-study period ,the period of stay granted an alien admitted under subparagraph 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae7 shall include a #cj-;day period immediately after the conclusion of the alien's course of study to prepare for departure from the ,united ,states1 or to otherwise maintain status1 except that border commuter students and1 notwithstanding the end date provided on the documentation described in subparagraph 7,a71 students who fail to maintain a full course of study or otherwise fail to maintain status are not eligible for the additional #cj-;day period of stay4 ,such #cj-;day period shall also be authorized for alien students enrolled at academic institutions whose approval under subparagraph 7,f7 or 7,m7 of section #aja7;a77#ae7 has been terminated pursuant to section #fda7;d7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgb7;d771 except if the ,secretary of ,homeland ,security knows or has reasonable ground to believe the alien was a knowing participant in the conduct that led to the termination of such institution's approval4 7,c7 ,extension of stay ,an alien admitted to the ,united ,states under subparagraph 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae7 may apply to extend his or her stay1 subject to the limitations described in subparagraphs 7,a7 and 7,d74 7,d7 ,limitations on period of admission 7i7 ,in general ,subject to the discretion of the ,secretary of ,homeland ,security1 aliens seeking admission under subparagraph 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae7 in the categories described in clause 7ii7 may be admitted only for not more than #b years1 or the program end date1 whichever is shorter1 and may be eligible for extensions of stay only for additional periods of up to #b years each1 or until the program end date1 whichever is shorter4 7ii7 ,categories described ,the categories described in this clause are the following3 7,i7 ,aliens from certain countries of concern ,aliens who were born in or are citizens of countries designated by the ,secretary of ,state under section #f7;j7 of the ,export ,administration ,act of #aigi 7#ej ,u4,s4,c4 #bdje7 7as continued in effect under the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq4771 section #dj of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bghj71 section #fbj;,a of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcga71 or any other provision of law1 as a country the government of which has repeatedly provided support of acts of international terrorism1 or who are citizens of countries with a student and exchange visitor total overstay rate greater than #aj percent4 7,,ii7 ,schools not participating in ,e-verify 7aa7 ,in general ,aliens who have been accepted to and seek admission to attend1 or continue attendance1 at an educational institution that is not enrolled in the electronic employment verification program initiated in section #djc of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh2 #h ,u4,s4,c4 #acbd;a note71 or if enrolled1 is not a participant in good standing in such verification program1 as determined by the ,secretary of ,homeland ,security4 7bb7 ,participants in good standing ,educational institutions that are participants in good standing in a verification program described in item 7aa7 are education institutions that are-- 7,,aa7 enrolled in such verification program with respect to all of the institution's hiring sites in the ,united ,states at the time of the alien's admission under subparagraph 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae7 or1 if the alien has already been admitted at the time this paragraph has gone into effect1 at the time the alien files with the ,secretary an application for an extension of or change to status under such subparagraph2 and 7,,bb7 in compliance with all requirements of such verification program1 including by verifying the employment eligibility of newly hired employees in the ,united ,states1 and continuing to be participants in good standing in the program at any time during which an alien is pursuing a full-course of study at the educational institution4 7,,iii7 ,aliens with a #d-year period of admission who become subject to a #b-year maximum period of admission ,if an alien was admitted in ,f status for a #d-year period of admission1 but the ,secretary of ,state makes a designation under an authority referenced in subclause 7,i7 that would subject the alien to the #b-year maximum period of admission1 then the alien may remain in the ,united ,states for the remainder of the #d-year period2 however1 if the alien departs the ,united ,states or otherwise be required apply for admission or an extension of stay1 the alien shall become subject to the #b-year limitation4 7,e7 ,interviews 7i7 ,in general ,the ,secretary of ,homeland ,security shall1 in coordination with the ,attorney ,general and the ,director of ,national ,intelligence1 conduct an interview1 in-person and not by means of remote or virtual technology1 of any alien-- 7,i7 7aa7 admitted to the ,united ,states under subparagraph 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae7 and seeking extension of such status2 7bb7 applying for a change of status to status under subparagraph 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae72 or 7cc7 in nonimmigrant status and pursuing a course of study1 and who is applying for an extension of such status2 and 7,,ii7 7aa7 who is a national of a country1 described in subparagraph 7,d77ii77,i71 that has been designated by the ,secretary of ,state as a country the government of which has repeatedly provided support of acts of international terrorism2 7bb7 who has been the subject of a security advisory opinion1 including a visas mantis1 or other security screening process relating to the transfer of sensitive technology or information2 7cc7 who1 since the date of the admission of the alien1 has changed his or her field of study to a field that would require the initiation of a security screening process relating to the transfer of sensitive technology or information were the alien applying for admission2 7dd7 who is described in section #bab7;a77#c72 or 7ee7 who is in a class of aliens described in subclause 7,i77aa7 designated by the ,secretary of ,homeland ,security1 in coordination with the ,attorney ,general and the ,director of ,national ,intelligence1 and who are nationals of a country about which the ,secretary1 the ,attorney ,general1 or the ,director of ,national ,intelligence has concern poses a significant economic or technological espionage threat to the ,united ,states4 7ii7 ,interagency cooperation on interviews ,the ,secretary of ,homeland ,security shall-- 7,i7 inform the ,attorney ,general and the ,director of ,national ,intelligence of interviews the ,secretary of ,homeland ,security plans to conduct under this subparagraph2 and 7,,ii7 shall authorize officials of the ,department of ,justice or the ,directorate of ,national ,intelligence1 or both1 to participate in such interviews4 4 #ag4 ,online study ,section #bad7m7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7m771 as amended by this ,act1 is further amended by adding at the end the following new paragraph3 7#f7 ,online education 7,a7 ,online education allowance per session 7i7 ,in general ,not more than #aj percent of the time spent by the alien student in class or of the credits earned by the student per session may be counted toward the full course of study requirement under subparagraph 7,f7 or 7,m7 of section #aja7;a77#ae7 if the class is taken online or through distance education and does not require the student's physical attendance for classes1 examination1 or other purposes integral to completion of the course of study4 7ii7 ,prohibition ,an alien may not be admitted under section #aja7;a77#ae77;,j7 for the purpose of study1 or granted a change of status to status under such section for such purpose1 if more than #aj percent of the time to be spent by the alien in class or of the credits earned by the student per session is to be taken online or through distance education and does not require the student's physical attendance for classes1 examination1 or other purposes integral to completion of the course of study4 7,b7 ,total online education allowance ,for any program of study1 not more than #aj percent of the total time spent in class by an alien student1 or of the credits earned by the student1 in status under subparagraph 7,f7 or 7,m7 of section #aja7;a77#ae71 or in status under section #aja7;a77#ae77;,j7 for the purpose of study1 may be for classes taken online or through distance education that do not require the student's physical attendance for classes1 examination1 or other purposes integral to completion of the course of study4 7,c7 ,online classes ,for purposes of this paragraph1 if more than #ej percent of a class is conducted online1 the entire class shall be considered an online class4 4 #ah4 ,clarification of data release exemption ,section #fda of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgb7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,g71 by striking and at the end2 7ii7 in subparagraph 7,h71 by striking the period and inserting 2 and2 and 7iii7 by adding at the end the following new subparagraph3 7,i7 any other information the ,secretary of ,homeland ,security considers necessary4 2 and 7,b7 in paragraph 7#b71 by adding at the end the following3 ,approved institutions of higher education or other approved educational institutions shall release information about students covered by such ,act to the ,department of ,homeland ,security as part of such program or upon request42 and 7#b7 in subsection 7d77#b71 by inserting automatically before revoked or denied44 #ai4 ,clarification of reporting requirement deadline ,section #fda7;a77#d7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgb7;a77#d77 is amended-- 7#a7 by striking ,not later than #cj days after the deadline for registering for classes for an academic term and inserting ,not later than #cj days after the program start date 7in the case of new students7 or the next session start date 7in the case of continuing students7 of an academic term2 and 7#b7 by striking shall report to the ,immigration and ,naturalization ,service any failure of the alien to enroll or to commence participation4 and inserting shall report to the ,department of ,homeland ,security any failure to enroll or to commence participation by the program start date or next session start date1 as applicable44 #bj4 ,fee flexibility ,section #fda7;e77#d77;,a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgb7;e77#d77;,a77 is amended-- 7#a7 in the first sentence1 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 7#b7 in the third sentence1 by striking ,attorney ,general's and inserting ,secretary of ,homeland ,security's2 and 7#c7 by striking the second sentence4 #ba4 ,implementation of ,,sevis ,,ii 7a7 ,in general ,not later than #b years after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security and the ,secretary of ,state shall complete the deployment of the modernization of the ,student and ,exchange ,visitor ,information ,system 7commonly known as ,,sevis ,,ii71 which shall address limitations in the original ,,sevis application by implementing improvements including the following3 7#a7 ,development of an entirely paperless process for all activities related to the admission and tracking of nonimmigrant students4 7#b7 ,development of a new1 person-centric recordkeeping system that will unify information about nonimmigrant students that the original ,,sevis maintained in multiple records4 7b7 ,recovery of costs ,to recover the cost of the implementation and maintenance of ,,sevis ,,ii1 the ,secretary of ,homeland ,security and the ,secretary of ,state may collect fees from any academic institution that-- 7#a7 has been approved under subparagraph 7,f7 or 7,m7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae772 7#b7 is designated under subparagraph 7,j7 of such section2 or 7#c7 is applying for such approval or designation4 #bb4 ,,gao report on implementation ,not later than ,december #ca1 #bjbe1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report that assesses the effectiveness of implementation by the ,secretary of ,homeland ,security of this ,act and the amendments made by this ,act4 #bc4 ,prohibition on issuance of visa before review of pamphlet on protections for domestic workers and other nonimmigrants ,a visa shall not be issued under subparagraph 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae771 to pursue a course of study1 until the date on which a consular officer has provided to and reviewed with the applicant1 in the applicant's language or in a language the applicant understands1 a copy of the information and resources pamphlet required by section #bjb of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #acge;b74