8 U.s.c. 1372

TITLE 8--ALIENS AND NATIONALITY

CHAPTER 12--IMMIGRATION AND NATIONALITY

SUBCHAPTER II--IMMIGRATION

Part IX--Miscellaneous

Sec. 1372. Program to collect information relating to

nonimmigrant foreign students and other exchange program

participants

(a) In general

(1) Program

The Attorney General, in consultation with the Secretary of

State and the Secretary of Education, shall develop and conduct a

program to collect from approved institutions of higher education,

other approved educational institutions, and designated exchange

visitor programs in the United States the information described in

subsection (c) of this section with respect to aliens who--

(A) have the status, or are applying for the status, of

nonimmigrants under subparagraph (F), (J), or (M) of section

1101(a)(15) of this title; and

(B) are nationals of the countries designated under

subsection (b) of this section.

(2) Deadline

The program shall commence not later than January 1, 1998.

(3) Aliens for whom a visa is required

The Attorney General, in consultation with the Secretary of

State, shall establish an electronic means to monitor and verify--

(A) the issuance of documentation of acceptance of a foreign

student by an approved institution of higher education or other

approved educational institution, or of an exchange visitor

program participant by a designated exchange visitor program;

(B) the transmittal of the documentation referred to in

subparagraph (A) to the Department of State for use by the

Bureau of Consular Affairs;

(C) the issuance of a visa to a foreign student or an

exchange visitor program participant;

(D) the admission into the United States of the foreign

student or exchange visitor program participant;

(E) the notification to an approved institution of higher

education, other approved educational institution, or exchange

visitor program sponsor that the foreign student or exchange

visitor participant has been admitted into the United States;

(F) the registration and enrollment of that foreign student

in such approved institution of higher education or other

approved educational institution, or the participation of that

exchange visitor in such designated exchange visitor program, as

the case may be; and

(G) any other relevant act by the foreign student or

exchange visitor program participant, including a changing of

school or designated exchange visitor program and any

termination of studies or participation in a designated exchange

visitor program.

(4) Reporting requirements

Not later than 30 days after the deadline for registering for

classes for an academic term of an approved institution of higher

education or other approved educational institution for which

documentation is issued for an alien as described in paragraph

(3)(A), or the scheduled commencement of participation by an alien

in a designated exchange visitor program, as the case may be, the

institution or program, respectively, shall report to the

Immigration and Naturalization Service any failure of the alien to

enroll or to commence participation.

(b) Covered countries

The Attorney General, in consultation with the Secretary of State,

shall designate countries for purposes of subsection (a)(1)(B) of this

section. The Attorney General shall initially designate not less than 5

countries and may designate additional countries at any time while the

program is being conducted.

(c) Information to be collected

(1) In general

The information for collection under subsection (a) of this

section with respect to an alien consists of--

(A) the identity and current address in the United States of

the alien;

(B) the nonimmigrant classification of the alien and the

date on which a visa under the classification was issued or

extended or the date on which a change to such classification

was approved by the Attorney General;

(C) in the case of a student at an approved institution of

higher education, or other approved educational institution,,\1\

the current academic status of the alien, including whether the

alien is maintaining status as a full-time student or, in the

case of a participant in a designated exchange visitor program,

whether the alien is satisfying the terms and conditions of such

program;

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\1\ So in original.

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(D) in the case of a student at an approved institution of

higher education, or other approved educational institution,,\1\

any disciplinary action taken by the institution against the

alien as a result of the alien's being convicted of a crime or,

in the case of a participant in a designated exchange visitor

program, any change in the alien's participation as a result of

the alien's being convicted of a crime; and \2\

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\2\ So in original. The word ``and'' probably should not appear.

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[[Page 386]]

(E) the date of entry and port of entry;

(F) the date of the alien's enrollment in an approved

institution of higher education, other approved educational

institution, or designated exchange visitor program in the

United States;

(G) the degree program, if applicable, and field of study;

and

(H) the date of the alien's termination of enrollment and

the reason for such termination (including graduation,

disciplinary action or other dismissal, and failure to re-

enroll).

(2) FERPA

The Family Educational Rights and Privacy Act of 1974 [20 U.S.C.

1232g] shall not apply to aliens described in subsection (a) of this

section to the extent that the Attorney General determines necessary

to carry out the program under subsection (a) of this section.

(3) Electronic collection

The information described in paragraph (1) shall be collected

electronically, where practicable.

(4) Computer software

(A) Collecting institutions

To the extent practicable, the Attorney General shall design

the program in a manner that permits approved institutions of

higher education, other approved educational institutions, and

designated exchange visitor programs to use existing software

for the collection, storage, and data processing of information

described in paragraph (1).

(B) Attorney General

To the extent practicable, the Attorney General shall use or

enhance existing software for the collection, storage, and data

processing of information described in paragraph (1).

(5) Reporting requirements

The Attorney General shall prescribe by regulation reporting

requirements by taking into account the curriculum calendar of the

approved institution of higher education, other approved educational

institution, or exchange visitor program.

(d) Participation by institutions of higher education and exchange

visitor programs

(1) Condition

The information described in subsection (c) of this section

shall be provided by institutions of higher education, other

approved educational institutions, or exchange visitor programs as a

condition of--

(A) in the case of an approved institution of higher

education, or other approved educational institution,,\1\ the

continued approval of the institution under subparagraph (F) or

(M) of section 1101(a)(15) of this title; and

(B) in the case of an approved institution of higher

education or a designated exchange visitor program, the granting

of authority to issue documents to an alien demonstrating the

alien's eligibility for a visa under subparagraph (F), (J), or

(M) of section 1101(a)(15) of this title.

(2) Effect of failure to provide information

If an approved institution of higher education, other approved

educational institution, or a designated exchange visitor program

fails to provide the specified information, such approvals and such

issuance of visas shall be revoked or denied.

(e) Funding

(1) In general

Beginning on April 1, 1997, the Attorney General shall impose

on, and collect from, each alien described in paragraph (3), with

respect to whom the institution or program is required by subsection

(a) of this section to collect information, a fee established by the

Attorney General under paragraph (4) at a time prior to the alien

being classified under subparagraph (F), (J), or (M) of section

1101(a)(15) of this title.

(2) Remittance

The fees collected under paragraph (1) shall be remitted by the

alien pursuant to a schedule established by the Attorney General for

immediate deposit and availability as described under section

1356(m) of this title.

(3) Aliens described

An alien referred to in paragraph (1) is an alien who seeks

nonimmigrant status under subparagraph (F), (J), or (M) of section

1101(a)(15) of this title (other than a nonimmigrant under section

1101(a)(15)(J) of this title who seeks to come to the United States

as a participant in a program sponsored by the Federal Government).

(4) Amount and use of fees

(A) Establishment of amount

The Attorney General shall establish the amount of the fee

to be imposed on, and collected from, an alien under paragraph

(1). Except as provided in subsection (g)(2) of this section,

the fee imposed on any individual may not exceed $100, except

that, in the case of an alien admitted under section

1101(a)(15)(J) of this title as an au pair, camp counselor, or

participant in a summer work travel program, the fee shall not

exceed $40, except that, in the case of an alien admitted under

section 1101(a)(15)(J) of this title as an au pair, camp

counselor, or participant in a summer work travel program, the

fee shall not exceed $35.\3\ The amount of the fee shall be

based on the Attorney General's estimate of the cost per alien

of conducting the information collection program described in

this section.

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\3\ So in original. See 2000 amendment notes below.

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(B) Use

Fees collected under paragraph (1) shall be deposited as

offsetting receipts into the Immigration Examinations Fee

Account (established under section 1356(m) of this title) and

shall remain available until expended

[[Page 387]]

for the Attorney General to reimburse any appropriation the

amount paid out of which is for expenses in carrying out this

section. Such expenses include, but are not necessarily limited

to, those incurred by the Secretary of State in connection with

the program under subsection (a) of this section.

(5) Proof of payment

The alien shall present proof of payment of the fee before the

granting of--

(A) a visa under section 1202 of this title or, in the case

of an alien who is exempt from the visa requirement described in

section 1182(d)(4) of this title, admission to the United

States; or

(B) change of nonimmigrant classification under section 1258

of this title to a classification described in paragraph (3).

(6) Implementation

The provisions of section 553 of title 5 (relating to rule-

making) shall not apply to the extent the Attorney General

determines necessary to ensure the expeditious, initial

implementation of this section.

(f) Joint report

Not later than 4 years after the commencement of the program

established under subsection (a) of this section, the Attorney General,

the Secretary of State, and the Secretary of Education shall jointly

submit to the Committees on the Judiciary of the Senate and the House of

Representatives a report on the operations of the program and the

feasibility of expanding the program to cover the nationals of all

countries.

(g) Worldwide applicability of program

(1) Expansion of program

Not later than 12 months after the submission of the report

required by subsection (f) of this section, the Attorney General, in

consultation with the Secretary of State and the Secretary of

Education, shall commence expansion of the program to cover the

nationals of all countries.

(2) Revision of fee

After the program has been expanded, as provided in paragraph

(1), the Attorney General may, on a periodic basis, revise the

amount of the fee imposed and collected under subsection (e) of this

section in order to take into account changes in the cost of

carrying out the program.