
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-56 Section 416(c)]
[Document affected by Public Law 107-56 Section 416(a),]
[CITE: 8USC1372]

 
                     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 
    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.

(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, 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; and
            (D) in the case of a student at an approved institution of 
        higher education, 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.

                              (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 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).

(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 or exchange 
    visitor programs as a condition of--
            (A) in the case of an approved institution of higher 
        education, 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 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.\1\ 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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    \1\ 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 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.

(h) Definitions

    As used in this section:

            (1) Approved institution of higher education

        The term ``approved institution of higher education'' means a 
    college or university approved by the Attorney General, in 
    consultation with the Secretary of Education, under subparagraph 
    (F), (J), or (M) of section 1101(a)(15) of this title.

               (2) Designated exchange visitor program

        The term ``designated exchange visitor program'' means a program 
    that has been--
            (A) designated by the Secretary of State for purposes of 
        section 1101(a)(15)(J) of this title; and
            (B) selected by the Attorney General for purposes of the 
        program under this section.

(Pub. L. 104-208, div. C, title VI, Sec. 641, Sept. 30, 1996, 110 Stat. 
3009-704; Pub. L. 106-396, title IV, Secs. 404-406, Oct. 30, 2000, 114 
Stat. 1649, 1650; Pub. L. 106-553, Sec. 1(a)(2) [title I, Sec. 110], 
Dec. 21, 2000, 114 Stat. 2762, 2762A-68.)

                       References in Text

    The Family Educational Rights and Privacy Act of 1974, referred to 
in subsec. (c)(2), is section 513 of Pub. L. 93-380, title V, Aug. 21, 
1974, 88 Stat. 571, which enacted section 1232g of Title 20, Education, 
and provisions set out as notes under sections 1221 and 1232g of Title 
20. For complete classification of this Act to the Code, see Short Title 
of 1974 Amendment note set out under section 1221 of Title 20 and 
Tables.

                          Codification

    Section was enacted as part of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996, and also as part of the Omnibus 
Consolidated Appropriations Act, 1997, and not as part of the 
Immigration and Nationality Act which comprises this chapter.


                               Amendments

    2000--Subsec. (d)(1). Pub. L. 106-396, Sec. 406(2), inserted 
``institutions of higher education or exchange visitor programs'' after 
``by'' in introductory provisions.
    Subsec. (e)(1). Pub. L. 106-396, Sec. 404(1), in introductory 
provisions, substituted ``the Attorney General'' for ``an approved 
institution of higher education and a designated exchange visitor 
program'' and ``a time prior to the alien being classified under 
subparagraph (F), (J), or (M) of section 1101(a)(15) of this title.'' 
for ``the time--
        ``(A) when the alien first registers with the institution or 
    program after entering the United States; or
        ``(B) in a case where a registration under subparagraph (A) does 
    not exist, when the alien first commences activities in the United 
    States with the institution or program.''
    Subsec. (e)(2). Pub. L. 106-396, Sec. 404(2), amended heading and 
text of par. (2) generally. Prior to amendment, text read as follows: 
``An approved institution of higher education and a designated exchange 
visitor program shall remit the fees collected under paragraph (1) to 
the Attorney General pursuant to a schedule established by the Attorney 
General.''
    Subsec. (e)(3). Pub. L. 106-396, Sec. 404(3), substituted ``alien 
who seeks'' for ``alien who has'' and ``who seeks to come'' for ``who 
has come''.
    Subsec. (e)(4)(A). Pub. L. 106-553 inserted before period at end of 
second sentence ``, 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'' without reference to amendment made by Pub. L. 106-396, 
Sec. 404(4)(A). See below.
    Pub. L. 106-396, Sec. 404(4)(A), inserted before period at end of 
second sentence ``, 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''. See amendment note above.
    Subsec. (e)(4)(B). Pub. L. 106-396, Sec. 404(4)(B), inserted at end 
``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.''
    Subsec. (e)(5), (6). Pub. L. 106-396, Sec. 404(5), added pars. (5) 
and (6).
    Subsec. (g)(1). Pub. L. 106-396, Sec. 405, amended heading and text 
of par. (1) generally. Prior to amendment, text read as follows:
    ``(A) In general.--Not later than 6 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.
    ``(B) Deadline.--Such expansion shall be completed not later than 1 
year after the date of the submission of the report referred to in 
subsection (f) of this section.''
    Subsec. (h)(2)(A). Pub. L. 106-396, Sec. 406(1), substituted 
``Secretary of State'' for ``Director of the United States Information 
Agency''.
