S2555-119

4. Accreditation of academic institutions The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended— in section 101(a) (8 U.S.C. 1101(a))— in paragraph (15)(F)(i)— by striking section 214(l) and inserting section 214(m); by inserting language training program, after elementary school,; by striking or in an accredited language training program; and by striking Attorney General each place such term appears and inserting Secretary of Homeland Security; and by striking paragraph (52); and in section 214(m) (8 U.S.C. 1184(m)), by adding at the end the following: The Secretary of Homeland Security or Secretary of State, as appropriate, shall require accreditation of an academic institution (except for a public elementary or secondary school), language training program, or any program of study for which approval under subparagraph (F) or (M) of section 101(a)(15), or designation under section 101(a)(15)(J), is sought or has been granted. In this paragraph, the term accreditation means accreditation by an accrediting agency recognized by the Secretary of Education. The Secretary of Homeland Security, in the Secretary’s discretion, may waive the accreditation requirement under paragraph (3) if— the academic institution concerned is otherwise in compliance with subparagraph (F), (J), or (M) of section 101(a)(15), as applicable, and section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372); an appropriate accrediting agency recognized by the Secretary of Education is able to provide such accreditation; and on the date of enactment of this paragraph, the academic institution concerned has been a candidate for accreditation for not less than 1 year and continues to make appropriate progress toward accreditation by an accrediting agency recognized by the Secretary of Education. A waiver granted under this paragraph may not be valid for a period longer than 1 year. Such waiver may be extended in 1-year increments, provided the academic institution concerned continues to satisfy the requirements of subparagraph (A), up to the maximum length of time an academic institution may remain a candidate for accreditation with the recognized accrediting agency. The Secretary of Homeland Security shall maintain and publish a current list of all academic institutions that have been granted a waiver under this paragraph. (3) (A) The Secretary of Homeland Security or Secretary of State, as appropriate, shall require accreditation of an academic institution (except for a public elementary or secondary school), language training program, or any program of study for which approval under subparagraph (F) or (M) of section 101(a)(15), or designation under section 101(a)(15)(J), is sought or has been granted. (B) In this paragraph, the term accreditation means accreditation by an accrediting agency recognized by the Secretary of Education. (4) (A) The Secretary of Homeland Security, in the Secretary’s discretion, may waive the accreditation requirement under paragraph (3) if— (i) the academic institution concerned is otherwise in compliance with subparagraph (F), (J), or (M) of section 101(a)(15), as applicable, and section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372); (ii) an appropriate accrediting agency recognized by the Secretary of Education is able to provide such accreditation; and (iii) on the date of enactment of this paragraph, the academic institution concerned has been a candidate for accreditation for not less than 1 year and continues to make appropriate progress toward accreditation by an accrediting agency recognized by the Secretary of Education. (B) A waiver granted under this paragraph may not be valid for a period longer than 1 year. Such waiver may be extended in 1-year increments, provided the academic institution concerned continues to satisfy the requirements of subparagraph (A), up to the maximum length of time an academic institution may remain a candidate for accreditation with the recognized accrediting agency. (C) The Secretary of Homeland Security shall maintain and publish a current list of all academic institutions that have been granted a waiver under this paragraph. .

5. Reporting payment of tuition Section 641(c)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(c)(1)) is amended— in subparagraph (G), by striking and at the end; in subparagraph (H), by striking the period at the end and inserting a semicolon; and by adding at the end the following: the date on which full tuition has been paid by the alien. (I) the date on which full tuition has been paid by the alien. .

6. Disclosure of school affiliation with the Government of the People’s Republic of China Section 641(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)) is amended— by redesignating paragraph (2) as paragraph (3); and by inserting after paragraph (1) the following: 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 (F)(i) or (M)(i) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) shall include with such petition— final copies of any contracts, agreements, or documentation of financial transactions between the institution or its affiliated student or faculty groups, foundations, or related entities and any educational, cultural, or language entity that is directly or indirectly funded by the Government of the People’s Republic of China; and 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 institution. (2) 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 (F)(i) or (M)(i) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) shall include with such petition— (A) final copies of any contracts, agreements, or documentation of financial transactions between the institution or its affiliated student or faculty groups, foundations, or related entities and any educational, cultural, or language entity that is directly or indirectly funded by the Government of the People’s Republic of China; and (B) 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 institution. .

7. Penalties for failure to comply with SEVIS reporting requirements Section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372), as amended by this Act, is further amended— in subsection (c)(1)— by striking institution,, each place such term appears and inserting institution,; and in subparagraph (D), by striking and at the end; and in subsection (d)— in paragraph (1)(A), by striking institution,, and inserting institution,; and in paragraph (3), as redesignated by section 6, by striking fails to provide the specified information and all that follows through the period at the end and inserting “does not comply with all reporting requirements set forth in this section, the Secretary of Homeland Security or Secretary of State, as applicable, shall— impose a monetary fine on such institution or program in an amount to be determined by the applicable Secretary that is not less than $1,000; suspend the authority of such institution or program to issue the documents described in paragraph (1)(B), such as the Form I–20 or DS–2019, until the date on which all such reporting requirements are met; or in the case of an approved institution of higher education, or other approved educational institution, terminate the approval of such institution under subparagraph (F) or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and in the case of a designated exchange visitor program, terminate such designation; if all such reporting requirements have not been satisfied within the 180-day period after the date on which the applicable reporting was required to have been made and the penalty described in subparagraph (B)(ii) has not already been imposed, impose such penalty; and if such noncompliance involves the information or documentation described in paragraph (2), conduct an out-of-cycle review of the institution or program. (A) impose a monetary fine on such institution or program in an amount to be determined by the applicable Secretary that is not less than $1,000; (B) (i) suspend the authority of such institution or program to issue the documents described in paragraph (1)(B), such as the Form I–20 or DS–2019, until the date on which all such reporting requirements are met; or (ii) (I) in the case of an approved institution of higher education, or other approved educational institution, terminate the approval of such institution under subparagraph (F) or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and (II) in the case of a designated exchange visitor program, terminate such designation; (C) if all such reporting requirements have not been satisfied within the 180-day period after the date on which the applicable reporting was required to have been made and the penalty described in subparagraph (B)(ii) has not already been imposed, impose such penalty; and (D) if such noncompliance involves the information or documentation described in paragraph (2), conduct an out-of-cycle review of the institution or program. .

8. Visa fraud Section 641(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)), as amended by this Act, is further amended by adding at the end the following: If the Secretary of Homeland Security or the Secretary of State, as appropriate, 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 institution, or a principal, responsible officer, alternate responsible officer of a designated exchange visitor program, has committed fraud or attempted to commit fraud relating to any aspect of the program described in subsection (a)(1), or if such principal, designated school official, or responsible officer or alternate responsible officer, is indicted for such fraud, the relevant Secretary may immediately, in the Secretary's discretion, impose any of the following sanctions: In the case of an approved institution of higher education, or other approved educational institution, suspension, without prior notice, of the approval of such institution under subparagraph (F) or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)). In the case of a designated exchange visitor program, suspension, without prior notice, of such designation. Suspension of such official’s, responsible officer’s, or alternate responsible officer’s access to databases or systems implementing the program described in subsection (a)(1). Suspension of the authority of such institution or program to issue the documents described in paragraph (1)(B). Section 641(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)), as amended by this Act, is further amended by adding at the end the following: A principal or a designated school official at an approved institution of higher education or other approved educational institution, or a principal or a responsible officer or alternate responsible officer at a designated exchange visitor program, shall be permanently disqualified from participation in the program described in paragraph (1) and permanently ineligible to submit a petition for approval of such institution under subparagraph (F) or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) if he or she is convicted of a violation, punishable by a term of imprisonment of more than 1 year, of any of the following: Section 274 of the Immigration and Nationality Act (8 U.S.C. 1324) (relating to unlawful bringing of aliens into the United States). Section 1546 of title 18, United States Code (relating to fraud and misuse of visas, permits, and other documents) relating to an academic institution’s participation in the Student and Exchange Visitor Program. Chapter 37 of title 18, United States Code (relating to espionage and censorship). Chapter 77 of title 18, United States Code (relating to peonage, slavery and trafficking in persons). Chapter 117 of title 18, United States Code (relating to transportation for illegal sexual activity and related crimes). (4) Effect of fraud indictment or reasonable suspicion of fraud If the Secretary of Homeland Security or the Secretary of State, as appropriate, 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 institution, or a principal, responsible officer, alternate responsible officer of a designated exchange visitor program, has committed fraud or attempted to commit fraud relating to any aspect of the program described in subsection (a)(1), or if such principal, designated school official, or responsible officer or alternate responsible officer, is indicted for such fraud, the relevant Secretary may immediately, in the Secretary's discretion, impose any of the following sanctions: (A) (i) In the case of an approved institution of higher education, or other approved educational institution, suspension, without prior notice, of the approval of such institution under subparagraph (F) or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)). (ii) In the case of a designated exchange visitor program, suspension, without prior notice, of such designation. (B) Suspension of such official’s, responsible officer’s, or alternate responsible officer’s access to databases or systems implementing the program described in subsection (a)(1). (C) Suspension of the authority of such institution or program to issue the documents described in paragraph (1)(B). . (5) Permanent disqualification for convictions A principal or a designated school official at an approved institution of higher education or other approved educational institution, or a principal or a responsible officer or alternate responsible officer at a designated exchange visitor program, shall be permanently disqualified from participation in the program described in paragraph (1) and permanently ineligible to submit a petition for approval of such institution under subparagraph (F) or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) if he or she is convicted of a violation, punishable by a term of imprisonment of more than 1 year, of any of the following: (A) Section 274 of the Immigration and Nationality Act (8 U.S.C. 1324) (relating to unlawful bringing of aliens into the United States). (B) Section 1546 of title 18, United States Code (relating to fraud and misuse of visas, permits, and other documents) relating to an academic institution’s participation in the Student and Exchange Visitor Program. (C) Chapter 37 of title 18, United States Code (relating to espionage and censorship). (D) Chapter 77 of title 18, United States Code (relating to peonage, slavery and trafficking in persons). (E) Chapter 117 of title 18, United States Code (relating to transportation for illegal sexual activity and related crimes). .

9. Eligibility reviews and program integrity Section 641(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)), as amended by this Act, is further amended by adding at the end the following: An individual may not serve as a principal or designated school official at an approved institution of higher education or other approved educational institution, or as a principal, responsible officer, or alternate responsible officer at a designated exchange visitor program, or be granted access to any database or system implementing the program described in subsection (a)(1) unless the individual is a citizen or national of the United States or an alien lawfully admitted for permanent residence and, except as provided in subparagraph (D), during the immediately preceding 4-year period— the Secretary of Homeland Security has— conducted a thorough eligibility review of the individual, including— a review of the individual’s criminal and sex offender history; and a verification of the individual’s immigration status; and determined that— the individual has, to the satisfaction of the Secretary of Homeland Security, been determined eligible after the review required under subclause (I); the individual has not been found to have violated the immigration laws; and in the discretion of the Secretary of Homeland Security, the individual is not a risk to public safety or the national security of the United States; and the individual has successfully completed an on-line training course on the program described in subsection (a)(1) and any database or system implementing such program, which has been developed by the Secretary. More than one individual shall serve as a designated school official or responsible officer, as applicable. If an individual serving as designated school official or responsible officer under clause (i) does not successfully complete the background check required by subparagraph (A)(i)(I), the Secretary of Homeland Security shall review a representative, statistically significant sample of the documents described in paragraph (1)(B) issued by such designated school official or responsible officer. Notwithstanding the satisfaction of an eligibility review under subparagraph (A) by a principal, designated school official, responsible officer, or alternate responsible officer, the Secretary of Homeland Security may, in the discretion of the Secretary, terminate or suspend such principal’s, official’s, or officer’s access to databases or systems implementing the program described in subsection (a)(1), based on information relating to such principal’s, official’s, or officer’s eligibility reviewed by the Secretary at any time other than the period for eligibility review described in subparagraph (A). 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 recruitment, including— registration with U.S. Immigration and Customs Enforcement, which the Secretary shall make publicly available; minimum qualifications; guidelines for representing study opportunities in the United States, generally, and with such approved institutions specifically, to foreign nationals; and permissible fee arrangements. If the Secretary of Homeland Security determines, in the Secretary’s unreviewable discretion, that a direct or third-party promoter or recruiter has violated any rule or standard described in clause (i), the Secretary shall suspend or permanently bar such individual from association with an approved institution. 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 (i). In this paragraph: The term principal means an individual who is considered to be an owner or in a position of substantive authority to make policy, operational, or managerial decisions affecting academic programs or the entire institution or program at an approved institution of higher education, other approved educational institution, or designated exchange visitor program. With respect to the position of an individual, the term substantive authority mean the individual serves as an administrator, officer, board member, manager, executive, general partner, fiduciary, or in a similar position. A person already serving in a position described in subparagraph (A) on the date of the enactment of this paragraph shall undergo an eligibility review during the 5-year period immediately following such date of enactment of this Act and thereafter according to the timetable described in such subparagraph. The Secretary of Homeland Security is authorized to collect a fee from an approved institution of higher education or other approved educational institution, or designated exchange visitor program, for each eligibility review conducted under paragraph (6)(A)(i). The amount of such fee shall be equal to the average amount expended by the Secretary to conduct such eligibility review. An approved institution of higher education or other approved educational institution may require tuition payment before issuing a document described in paragraph (1)(B). An approved institution of higher education or other approved educational institution may not issue a document described in paragraph (1)(B) to an alien student seeking to transfer from one approved institution to another. An alien student shall not have the ability to change their program of study or intended major as reported on their Form I–20. Each fiscal year the Secretary of Homeland Security or the Secretary of State, as appropriate, shall perform a site visit and audit of not less than 1 percent of the approved institutions of higher education or other approved educational institutions that maintain, in the databases or systems implementing the program described in subsection (a)(1), 1 or more students who have graduated from a course of study at such institution. The lawful employer of an alien student described in subsection (a)(1)(A) shall— be registered and a participant in good standing in the electronic employment verification program initiated in section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 1324a note); report to the alien’s institution of higher education or other approved educational institution— the position that the alien is filling; the location of the alien’s worksite; the wage that the alien will be paid; and within 48 hours— the termination of the alien from the employment; the resignation of the alien from employment; or the failure of the alien to report for work for a period of 5 consecutive work days without the consent of the employer; and as a condition precedent of such employment, attest under penalty of perjury to the Secretary of Labor that— the student will not replace a full-time or part-time United States worker (as defined in section 212(t)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(t)(4))); and the terms and conditions of the employment, including duties, hours, and compensation, are commensurate with terms and conditions applicable to the employer’s similarly situated United States workers in the area of employment. The Secretary of Homeland Security shall not grant employment authorization to an alien student described in subsection (a)(1)(A)— during a period of at least 1 year to work for, either directly or indirectly, an employer that the Secretary of Labor has found to have failed to meet the requirements under clause (i) or (ii) of subparagraph (A); during a period of at least 3 years to work for, either directly or indirectly, an employer that the Secretary of Labor has found to have failed to meet the requirements under clause (iii) of subparagraph (A); and during a period of at least 10 years to work for, either directly or indirectly, an employer that the Secretary of Labor has found, after notice and opportunity for a hearing, to have willfully failed to meet the requirements under clause (iii) of subparagraph (A). The amendments made by this section shall take effect on the date that is 1 year after the date of the enactment of this Act. (6) Eligibility review requirement (A) 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 institution, or as a principal, responsible officer, or alternate responsible officer at a designated exchange visitor program, or be granted access to any database or system implementing the program described in subsection (a)(1) unless the individual is a citizen or national of the United States or an alien lawfully admitted for permanent residence and, except as provided in subparagraph (D), during the immediately preceding 4-year period— (i) the Secretary of Homeland Security has— (I) conducted a thorough eligibility review of the individual, including— (aa) a review of the individual’s criminal and sex offender history; and (bb) a verification of the individual’s immigration status; and (II) determined that— (aa) the individual has, to the satisfaction of the Secretary of Homeland Security, been determined eligible after the review required under subclause (I); (bb) the individual has not been found to have violated the immigration laws; and (cc) in the discretion of the Secretary of Homeland Security, the individual is not a risk to public safety or the national security of the United States; and (ii) the individual has successfully completed an on-line training course on the program described in subsection (a)(1) and any database or system implementing such program, which has been developed by the Secretary. (B) Designated school officials and responsible officers (i) In general More than one individual shall serve as a designated school official or responsible officer, as applicable. (ii) Reviews by the Secretary If an individual serving as designated school official or responsible officer under clause (i) does not successfully complete the background check required by subparagraph (A)(i)(I), the Secretary of Homeland Security shall review a representative, statistically significant sample of the documents described in paragraph (1)(B) issued by such designated school official or responsible officer. (iii) Termination Notwithstanding the satisfaction of an eligibility review under subparagraph (A) by a principal, designated school official, responsible officer, or alternate responsible officer, the Secretary of Homeland Security may, in the discretion of the Secretary, terminate or suspend such principal’s, official’s, or officer’s access to databases or systems implementing the program described in subsection (a)(1), based on information relating to such principal’s, official’s, or officer’s eligibility reviewed by the Secretary at any time other than the period for eligibility review described in subparagraph (A). (C) Direct and third-party promoters and recruiters (i) 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 recruitment, including— (I) registration with U.S. Immigration and Customs Enforcement, which the Secretary shall make publicly available; (II) minimum qualifications; (III) guidelines for representing study opportunities in the United States, generally, and with such approved institutions specifically, to foreign nationals; and (IV) permissible fee arrangements. (ii) Effect of violation If the Secretary of Homeland Security determines, in the Secretary’s unreviewable discretion, that a direct or third-party promoter or recruiter has violated any rule or standard described in clause (i), the Secretary shall suspend or permanently bar such individual from association with an approved institution. (iii) 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 (i). (D) Definitions In this paragraph: (i) Principal The term principal means an individual who is considered to be an owner or in a position of substantive authority to make policy, operational, or managerial decisions affecting academic programs or the entire institution or program at an approved institution of higher education, other approved educational institution, or designated exchange visitor program. (ii) Substantive authority With respect to the position of an individual, the term substantive authority mean the individual serves as an administrator, officer, board member, manager, executive, general partner, fiduciary, or in a similar position. (E) Review period A person already serving in a position described in subparagraph (A) on the date of the enactment of this paragraph shall undergo an eligibility review during the 5-year period immediately following such date of enactment of this Act and thereafter according to the timetable described in such subparagraph. (7) Fee The Secretary of Homeland Security is authorized to collect a fee from an approved institution of higher education or other approved educational institution, or designated exchange visitor program, for each eligibility review conducted under paragraph (6)(A)(i). The amount of such fee shall be equal to the average amount expended by the Secretary to conduct such eligibility review. (8) Financial responsibility An approved institution of higher education or other approved educational institution may require tuition payment before issuing a document described in paragraph (1)(B). (9) Transfer students An approved institution of higher education or other approved educational institution may not issue a document described in paragraph (1)(B) to an alien student seeking to transfer from one approved institution to another. (10) 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–20. (11) Audits and site visits Each fiscal year the Secretary of Homeland Security or the Secretary of State, as appropriate, shall perform a site visit and audit of not less than 1 percent of the approved institutions of higher education or other approved educational institutions that maintain, in the databases or systems implementing the program described in subsection (a)(1), 1 or more students who have graduated from a course of study at such institution. (12) Employer requirements (A) In general The lawful employer of an alien student described in subsection (a)(1)(A) shall— (i) be registered and a participant in good standing in the electronic employment verification program initiated in section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 1324a note); (ii) report to the alien’s institution of higher education or other approved educational institution— (I) the position that the alien is filling; (II) the location of the alien’s worksite; (III) the wage that the alien will be paid; and (IV) within 48 hours— (aa) the termination of the alien from the employment; (bb) the resignation of the alien from employment; or (cc) the failure of the alien to report for work for a period of 5 consecutive work days without the consent of the employer; and (iii) as a condition precedent of such employment, attest under penalty of perjury to the Secretary of Labor that— (I) the student will not replace a full-time or part-time United States worker (as defined in section 212(t)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(t)(4))); and (II) the terms and conditions of the employment, including duties, hours, and compensation, are commensurate with terms and conditions applicable to the employer’s similarly situated United States workers in the area of employment. (B) Limitation on employment authorization The Secretary of Homeland Security shall not grant employment authorization to an alien student described in subsection (a)(1)(A)— (i) during a period of at least 1 year to work for, either directly or indirectly, an employer that the Secretary of Labor has found to have failed to meet the requirements under clause (i) or (ii) of subparagraph (A); (ii) during a period of at least 3 years to work for, either directly or indirectly, an employer that the Secretary of Labor has found to have failed to meet the requirements under clause (iii) of subparagraph (A); and (iii) during a period of at least 10 years to work for, either directly or indirectly, an employer that the Secretary of Labor has found, after notice and opportunity for a hearing, to have willfully failed to meet the requirements under clause (iii) of subparagraph (A). .

10. Revocation of authority to issue a visa eligibility document to nonimmigrant students of uncertified flight training providers Immediately upon the enactment of this Act, 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 141 or part 142 of title 14, Code of Federal Regulations (or successor regulations).

11. Revocation of accreditation 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 denial, withdrawal, suspension, or termination of accreditation of an institution pursuant to section 496 of the Higher Education Act of 1965 (20 U.S.C. 1099b) shall also notify the Secretary of Homeland Security and Secretary of State of such determination within 30 days of such withdrawal, suspension, or termination. Upon receipt of the notification described in paragraph (1), the Secretary of Homeland Security shall terminate the approval of such institution under subparagraph (F) or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).

12. Tracking nonimmigrant aliens engaged in study in the United States Subparagraph (A) of section 641(a)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a)(1)) is amended to read as follows: have the status, or are applying for the status— of a nonimmigrant under subparagraph (F), (J), or (M) of section 1101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); or of a nonimmigrant under the immigration laws (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))) and are pursuing or intend to pursue a full course of study at an institution or language training program described in subparagraph (F) or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and (A) (i) have the status, or are applying for the status— (I) of a nonimmigrant under subparagraph (F), (J), or (M) of section 1101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); or (II) of a nonimmigrant under the immigration laws (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))) and are pursuing or intend to pursue a full course of study at an institution or language training program described in subparagraph (F) or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and .

13. Language study and flight training in student status Section 214(m) of the Immigration and Nationality Act (8 U.S.C. 1184(m)), as amended by this Act, is further amended by adding at the end the following: An alien seeking to participate in a language training program may do so only in the status of a nonimmigrant under subparagraph (F), (J), or (M) of section 101(a)(15). An alien seeking to participate in a flight training program may do so only in the status of a nonimmigrant under subparagraph (F) or (M) of section 101(a)(15). The requirement in subparagraph (A)(ii) shall not apply to occupational training or a refresher or continuing education course or seminar, where such training, course, or seminar is short-duration and necessary to maintain a previously obtained certification or rating, or otherwise professionally required. (5) Language study and flight training (A) In general (i) An alien seeking to participate in a language training program may do so only in the status of a nonimmigrant under subparagraph (F), (J), or (M) of section 101(a)(15). (ii) An alien seeking to participate in a flight training program may do so only in the status of a nonimmigrant under subparagraph (F) or (M) of section 101(a)(15). (B) Exception The requirement in subparagraph (A)(ii) shall not apply to occupational training or a refresher or continuing education course or seminar, where such training, course, or seminar is short-duration and necessary to maintain a previously obtained certification or rating, or otherwise professionally required. .

14. Prohibition on flight training and nuclear studies for nationals of countries of concern The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall not admit, grant status to, or parole into the United States, any alien— who is a citizen of— Afghanistan, Iran, Iraq, Libya, or Syria; or any country designated by the Secretary of State under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. 2405) (as continued in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)), section 40 of the Arms Export Control Act (22 U.S.C. 2780), section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), or any other provision of law, as a country the government of which has repeatedly provided support of acts of international terrorism; and who is an applicant for a visa and who the Secretary of State determines seeks to enter the United States— to participate in coursework at an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) to prepare the alien for a career in— the energy sector of Iran; or nuclear science, nuclear engineering, or a related field; or to participate in coursework or training relating to or otherwise engage in flight training, aviation maintenance, or flight operations; who is applying for admission to the United States and who the Secretary of Homeland Security determines seeks to participate in coursework, training, or activities described in subparagraph (A); 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 coursework, training, or activities; or who is in the United States and authorized to study, and who the Secretary of Homeland Security determines is participating in such coursework, training, or activities or seeks to change his or her field of study to participate in such coursework, training, or activities. The Secretary of Homeland Security shall terminate the nonimmigrant status, or otherwise revoke the authorization to remain in the United States, of any alien described in subsection (a) who is physically present in the United States. The Secretary of Homeland Security may, in the discretion of the Secretary of Homeland Security, and in consultation with the Secretary of State and the Director of National Intelligence, designate additional countries the nationals of which are subject to the restrictions described in subsection (a). In making a designation under paragraph (1), the Secretary of Homeland Security shall consider whether— 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 States; a foreign terrorist organization has a significant presence in the country or area; and the country or area is a safe haven for terrorists. Not less frequently than annually, the Secretary of Homeland Security shall conduct a review of each designation made under paragraph (1). Section 501 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8771) is repealed.

15. Exclusion of citizens of adversarial countries from seeking education in the United States The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, 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 (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))). The following countries are considered to be foreign adversaries, as determined by the Secretary of State: The People’s Republic of China, including the Hong Kong Special Administrative Region and the Macau Special Administrative Region (commonly known as China). The Republic of Cuba (commonly known as Cuba). The Islamic Republic of Iran (commonly known as Iran). The Democratic People’s Republic of Korea (commonly known as North Korea). The Russian Federation (commonly known as Russia). Venezuela under Venezuelan politician Nicolás Maduro (commonly known as the Maduro Regime). Any other country identified by the Secretary of State that— may pose a threat to the United States; or may be inclined to steal research in a manner that could threaten United States national security. Subsection (a) applies with respect to visa applications filed on or after the date of the enactment of this Act.

16. Requirement that students have a definite end-date for authorized period of stay Section 235(a) of the Immigration and Nationality Act (8 U.S.C. 1225(a)) is amended by adding at the end the following: Aliens admitted to the United States under subparagraph (F), (J), or (M) of section 101(a)(15) 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 4 years, plus the post-study period under subparagraph (B), and shall be issued documentation stating the end date of the alien’s period of stay in the United States, subject to the following exceptions: Aliens subject to the limitations described in subparagraph (D) may be admitted only for the applicable period under that subparagraph. Aliens whose course of study is in a language training program are restricted to an aggregate total of 2 years of language study, including any school breaks and annual vacations. Aliens who are granted status under section 101(a)(15)(F)(iii) as border commuter students may be admitted only for the semester or term dates for the student’s current term of study. Aliens who are granted status under subparagraph (F) or (J) of section 101(a)(15) to attend a public high school are restricted to an aggregate of not more than 1 year to complete their course of study, including any school breaks and annual vacations. The authorized period of stay for dependents admitted under subparagraph (F), (J), or (M) of section 101(a)(15) may not exceed the authorized period of stay of the principal alien. The period of stay granted an alien admitted under subparagraph (F), (J), or (M) of section 101(a)(15) shall include a 30-day period immediately after the conclusion of the alien’s course of study to prepare for departure from the United States, or to otherwise maintain status, except that border commuter students and, notwithstanding the end date provided on the documentation described in subparagraph (A), students who fail to maintain a full course of study or otherwise fail to maintain status are not eligible for the additional 30-day period of stay. Such 30-day period shall also be authorized for alien students enrolled at academic institutions whose approval under subparagraph (F) or (M) of section 101(a)(15) has been terminated pursuant to section 641(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)), 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 approval. An alien admitted to the United States under subparagraph (F), (J), or (M) of section 101(a)(15) may apply to extend his or her stay, subject to the limitations described in subparagraphs (A) and (D). Subject to the discretion of the Secretary of Homeland Security, aliens seeking admission under subparagraph (F), (J), or (M) of section 101(a)(15) in the categories described in clause (ii) may be admitted only for not more than 2 years, or the program end date, whichever is shorter, and may be eligible for extensions of stay only for additional periods of up to 2 years each, or until the program end date, whichever is shorter. The categories described in this clause are the following: Aliens who were born in or are citizens of countries designated by the Secretary of State under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. 2405) (as continued in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)), section 40 of the Arms Export Control Act (22 U.S.C. 2780), section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), or any other provision of law, as a country the government of which has repeatedly provided support of acts of international terrorism, or who are citizens of countries with a student and exchange visitor total overstay rate greater than 10 percent. Aliens who have been accepted to and seek admission to attend, or continue attendance, at an educational institution that is not enrolled in the electronic employment verification program initiated in section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 1324a note), or if enrolled, is not a participant in good standing in such verification program, as determined by the Secretary of Homeland Security. Educational institutions that are participants in good standing in a verification program described in item (aa) are education institutions that are— 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 (F), (J), or (M) of section 101(a)(15) or, if the alien has already been admitted at the time this paragraph has gone into effect, at the time the alien files with the Secretary an application for an extension of or change to status under such subparagraph; and in compliance with all requirements of such verification program, including by verifying the employment eligibility of newly hired employees in the United States, 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 institution. If an alien was admitted in F status for a 4-year period of admission, but the Secretary of State makes a designation under an authority referenced in subclause (I) that would subject the alien to the 2-year maximum period of admission, then the alien may remain in the United States for the remainder of the 4-year period; however, if the alien departs the United States or otherwise be required apply for admission or an extension of stay, the alien shall become subject to the 2-year limitation. The Secretary of Homeland Security shall, in coordination with the Attorney General and the Director of National Intelligence, conduct an interview, in-person and not by means of remote or virtual technology, of any alien— admitted to the United States under subparagraph (F), (J), or (M) of section 101(a)(15) and seeking extension of such status; applying for a change of status to status under subparagraph (F), (J), or (M) of section 101(a)(15); or in nonimmigrant status and pursuing a course of study, and who is applying for an extension of such status; and who is a national of a country, described in subparagraph (D)(ii)(I), that has been designated by the Secretary of State as a country the government of which has repeatedly provided support of acts of international terrorism; who has been the subject of a security advisory opinion, including a visas mantis, or other security screening process relating to the transfer of sensitive technology or information; who, since the date of the admission of the alien, 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 admission; who is described in section 212(a)(3); or who is in a class of aliens described in subclause (I)(aa) designated by the Secretary of Homeland Security, in coordination with the Attorney General and the Director of National Intelligence, and who are nationals of a country about which the Secretary, the Attorney General, or the Director of National Intelligence has concern poses a significant economic or technological espionage threat to the United States. The Secretary of Homeland Security shall— inform the Attorney General and the Director of National Intelligence of interviews the Secretary of Homeland Security plans to conduct under this subparagraph; and shall authorize officials of the Department of Justice or the Directorate of National Intelligence, or both, to participate in such interviews. (6) Period of authorized stay (A) In general Aliens admitted to the United States under subparagraph (F), (J), or (M) of section 101(a)(15) 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 4 years, plus the post-study period under subparagraph (B), and shall be issued documentation stating the end date of the alien’s period of stay in the United States, subject to the following exceptions: (i) Aliens subject to the limitations described in subparagraph (D) may be admitted only for the applicable period under that subparagraph. (ii) Aliens whose course of study is in a language training program are restricted to an aggregate total of 2 years of language study, including any school breaks and annual vacations. (iii) Aliens who are granted status under section 101(a)(15)(F)(iii) as border commuter students may be admitted only for the semester or term dates for the student’s current term of study. (iv) Aliens who are granted status under subparagraph (F) or (J) of section 101(a)(15) to attend a public high school are restricted to an aggregate of not more than 1 year to complete their course of study, including any school breaks and annual vacations. (v) The authorized period of stay for dependents admitted under subparagraph (F), (J), or (M) of section 101(a)(15) may not exceed the authorized period of stay of the principal alien. (B) Post-study period The period of stay granted an alien admitted under subparagraph (F), (J), or (M) of section 101(a)(15) shall include a 30-day period immediately after the conclusion of the alien’s course of study to prepare for departure from the United States, or to otherwise maintain status, except that border commuter students and, notwithstanding the end date provided on the documentation described in subparagraph (A), students who fail to maintain a full course of study or otherwise fail to maintain status are not eligible for the additional 30-day period of stay. Such 30-day period shall also be authorized for alien students enrolled at academic institutions whose approval under subparagraph (F) or (M) of section 101(a)(15) has been terminated pursuant to section 641(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)), 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 approval. (C) Extension of stay An alien admitted to the United States under subparagraph (F), (J), or (M) of section 101(a)(15) may apply to extend his or her stay, subject to the limitations described in subparagraphs (A) and (D). (D) Limitations on period of admission (i) In general Subject to the discretion of the Secretary of Homeland Security, aliens seeking admission under subparagraph (F), (J), or (M) of section 101(a)(15) in the categories described in clause (ii) may be admitted only for not more than 2 years, or the program end date, whichever is shorter, and may be eligible for extensions of stay only for additional periods of up to 2 years each, or until the program end date, whichever is shorter. (ii) Categories described The categories described in this clause are the following: (I) Aliens from certain countries of concern Aliens who were born in or are citizens of countries designated by the Secretary of State under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. 2405) (as continued in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)), section 40 of the Arms Export Control Act (22 U.S.C. 2780), section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), or any other provision of law, as a country the government of which has repeatedly provided support of acts of international terrorism, or who are citizens of countries with a student and exchange visitor total overstay rate greater than 10 percent. (II) Schools not participating in E-verify (aa) In general Aliens who have been accepted to and seek admission to attend, or continue attendance, at an educational institution that is not enrolled in the electronic employment verification program initiated in section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 1324a note), or if enrolled, is not a participant in good standing in such verification program, as determined by the Secretary of Homeland Security. (bb) Participants in good standing Educational institutions that are participants in good standing in a verification program described in item (aa) are education institutions that are— (AA) 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 (F), (J), or (M) of section 101(a)(15) or, if the alien has already been admitted at the time this paragraph has gone into effect, at the time the alien files with the Secretary an application for an extension of or change to status under such subparagraph; and (BB) in compliance with all requirements of such verification program, including by verifying the employment eligibility of newly hired employees in the United States, 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 institution. (III) Aliens with a 4-year period of admission who become subject to a 2-year maximum period of admission If an alien was admitted in F status for a 4-year period of admission, but the Secretary of State makes a designation under an authority referenced in subclause (I) that would subject the alien to the 2-year maximum period of admission, then the alien may remain in the United States for the remainder of the 4-year period; however, if the alien departs the United States or otherwise be required apply for admission or an extension of stay, the alien shall become subject to the 2-year limitation. (E) Interviews (i) In general The Secretary of Homeland Security shall, in coordination with the Attorney General and the Director of National Intelligence, conduct an interview, in-person and not by means of remote or virtual technology, of any alien— (I) (aa) admitted to the United States under subparagraph (F), (J), or (M) of section 101(a)(15) and seeking extension of such status; (bb) applying for a change of status to status under subparagraph (F), (J), or (M) of section 101(a)(15); or (cc) in nonimmigrant status and pursuing a course of study, and who is applying for an extension of such status; and (II) (aa) who is a national of a country, described in subparagraph (D)(ii)(I), that has been designated by the Secretary of State as a country the government of which has repeatedly provided support of acts of international terrorism; (bb) who has been the subject of a security advisory opinion, including a visas mantis, or other security screening process relating to the transfer of sensitive technology or information; (cc) who, since the date of the admission of the alien, 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 admission; (dd) who is described in section 212(a)(3); or (ee) who is in a class of aliens described in subclause (I)(aa) designated by the Secretary of Homeland Security, in coordination with the Attorney General and the Director of National Intelligence, and who are nationals of a country about which the Secretary, the Attorney General, or the Director of National Intelligence has concern poses a significant economic or technological espionage threat to the United States. (ii) Interagency cooperation on interviews The Secretary of Homeland Security shall— (I) inform the Attorney General and the Director of National Intelligence of interviews the Secretary of Homeland Security plans to conduct under this subparagraph; and (II) shall authorize officials of the Department of Justice or the Directorate of National Intelligence, or both, to participate in such interviews. .

17. Online study Section 214(m) of the Immigration and Nationality Act (8 U.S.C. 1184(m)), as amended by this Act, is further amended by adding at the end the following new paragraph: Not more than 10 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 (F) or (M) of section 101(a)(15) if the class is taken online or through distance education and does not require the student’s physical attendance for classes, examination, or other purposes integral to completion of the course of study. An alien may not be admitted under section 101(a)(15)(J) for the purpose of study, or granted a change of status to status under such section for such purpose, if more than 10 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 classes, examination, or other purposes integral to completion of the course of study. For any program of study, not more than 10 percent of the total time spent in class by an alien student, or of the credits earned by the student, in status under subparagraph (F) or (M) of section 101(a)(15), or in status under section 101(a)(15)(J) for the purpose of study, may be for classes taken online or through distance education that do not require the student’s physical attendance for classes, examination, or other purposes integral to completion of the course of study. For purposes of this paragraph, if more than 50 percent of a class is conducted online, the entire class shall be considered an online class. (6) Online education (A) Online education allowance per session (i) In general Not more than 10 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 (F) or (M) of section 101(a)(15) if the class is taken online or through distance education and does not require the student’s physical attendance for classes, examination, or other purposes integral to completion of the course of study. (ii) Prohibition An alien may not be admitted under section 101(a)(15)(J) for the purpose of study, or granted a change of status to status under such section for such purpose, if more than 10 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 classes, examination, or other purposes integral to completion of the course of study. (B) Total online education allowance For any program of study, not more than 10 percent of the total time spent in class by an alien student, or of the credits earned by the student, in status under subparagraph (F) or (M) of section 101(a)(15), or in status under section 101(a)(15)(J) for the purpose of study, may be for classes taken online or through distance education that do not require the student’s physical attendance for classes, examination, or other purposes integral to completion of the course of study. (C) Online classes For purposes of this paragraph, if more than 50 percent of a class is conducted online, the entire class shall be considered an online class. .

18. Clarification of data release exemption Section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372) is amended— in subsection (c)— in paragraph (1)— in subparagraph (G), by striking and at the end; in subparagraph (H), by striking the period and inserting ; and; and by adding at the end the following new subparagraph: any other information the Secretary of Homeland Security considers necessary. in paragraph (2), by adding at the end the following: 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 request.; and in subsection (d)(2), by inserting automatically before revoked or denied.. (I) any other information the Secretary of Homeland Security considers necessary. ; and

19. Clarification of reporting requirement deadline Section 641(a)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a)(4)) is amended— by striking Not later than 30 days after the deadline for registering for classes for an academic term and inserting Not later than 30 days after the program start date (in the case of new students) or the next session start date (in the case of continuing students) of an academic term; and by striking shall report to the Immigration and Naturalization Service any failure of the alien to enroll or to commence participation. 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 date, as applicable..

20. Fee flexibility Section 641(e)(4)(A) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(e)(4)(A)) is amended— in the first sentence, by striking Attorney General and inserting Secretary of Homeland Security; in the third sentence, by striking Attorney General’s and inserting Secretary of Homeland Security’s; and by striking the second sentence.

21. Implementation of SEVIS II Not later than 2 years after the date of the enactment of this Act, 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 (commonly known as SEVIS II), which shall address limitations in the original SEVIS application by implementing improvements including the following: Development of an entirely paperless process for all activities related to the admission and tracking of nonimmigrant students. Development of a new, person-centric recordkeeping system that will unify information about nonimmigrant students that the original SEVIS maintained in multiple records. To recover the cost of the implementation and maintenance of SEVIS II, the Secretary of Homeland Security and the Secretary of State may collect fees from any academic institution that— has been approved under subparagraph (F) or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); is designated under subparagraph (J) of such section; or is applying for such approval or designation.

22. GAO report on implementation Not later than December 31, 2025, 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 Act.

23. 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 (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), to pursue a course of study, until the date on which a consular officer has provided to and reviewed with the applicant, in the applicant’s language or in a language the applicant understands, a copy of the information and resources pamphlet required by section 202 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1375b).