8 U.S.C. § 1372 — Program to collect information relating to

Page 461 TITLE 8—ALIENS AND NATIONALITY § 1372 (2) Indigent sponsors The number of determinations made under section 1631(e) of this title during the previous fiscal year. (3) Reimbursement actions The number of actions brought, and the amount of each action, for reimbursement under section 1183a of this title (including pri- vate collections) for the costs of providing public benefits. (Pub. L. 104–208, div. C, title V, § 565, Sept. 30, 1996, 110 Stat. 3009–684.) Editorial Notes REFERENCES IN TEXT Section 1227(a)(5) of this title, referred to in par. (1), was in the original a reference to ‘‘section 241(a)(5) of the Immigration and Nationality Act’’, which has been translated as referring to section 237(a)(5) of the Immi- gration and Nationality Act to reflect the probable in- tent of Congress and the renumbering of section 241 as 237 by Pub. L. 104–208, div. C, title III, § 305(a)(2), Sept. 30, 1996, 110 Stat. 3009–598. Pub. L. 104–208, § 305(a)(3), en- acted a new section 241 of the Immigration and Nation- ality Act which is classified to section 1231 of this title, but subsec. (a)(5) of that section does not relate to de- portation on public charge grounds. CODIFICATION Section was enacted as part of the Illegal Immigra- tion Reform and Immigrant Responsibility Act of 1996, and also as part of the Omnibus Consolidated Appro- priations Act, 1997, and not as part of the Immigration and Nationality Act which comprises this chapter. Statutory Notes and Related Subsidiaries ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. § 1372. Program to collect information relating to nonimmigrant foreign students and other ex- change 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 pro- gram 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) with respect to aliens who— (A) have the status, or are applying for the status, of nonimmigrants under subpara- graph (F), (J), or (M) of section 1101(a)(15) of this title; and (B) are nationals of the countries des- ignated under subsection (b). (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 elec- tronic means to monitor and verify— (A) the issuance of documentation of ac- ceptance of a foreign student by an approved institution of higher education or other ap- proved educational institution, or of an ex- change visitor program participant by a des- ignated exchange visitor program; (B) the transmittal of the documentation referred to in subparagraph (A) to the De- partment of State for use by the Bureau of Consular Affairs; (C) the issuance of a visa to a foreign stu- dent or an exchange visitor program partici- pant; (D) the admission into the United States of the foreign student or exchange visitor pro- gram participant; (E) the notification to an approved institu- tion of higher education, other approved educational institution, or exchange visitor program sponsor that the foreign student or exchange visitor participant has been admit- ted into the United States; (F) the registration and enrollment of that foreign student in such approved institution of higher education or other approved edu- cational institution, or the participation of that exchange visitor in such designated ex- change visitor program, as the case may be; and (G) any other relevant act by the foreign student or exchange visitor program partici- pant, including a changing of school or des- ignated 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, re- spectively, 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). The Attor- ney 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 sub- section (a) 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 classifica- tion was approved by the Attorney General; (C) in the case of a student at an approved institution of higher education, or other ap- Page 462 TITLE 8—ALIENS AND NATIONALITY § 1372 1 So in original. 2 So in original. The word ‘‘and’’ probably should not appear. proved 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 partici- pant in a designated exchange visitor pro- gram, whether the alien is satisfying the terms and conditions of such program; (D) in the case of a student at an approved institution of higher education, or other ap- proved educational institution,,1 any dis- ciplinary 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 vis- itor program, any change in the alien’s par- ticipation as a result of the alien’s being convicted of a crime; and 2 (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 termi- nation (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) to the extent that the Attorney General determines nec- essary to carry out the program under sub- section (a). (3) Electronic collection The information described in paragraph (1) shall be collected electronically, where prac- ticable. (4) Computer software (A) Collecting institutions To the extent practicable, the Attorney General shall design the program in a man- ner that permits approved institutions of higher education, other approved edu- cational institutions, and designated ex- change visitor programs to use existing soft- ware for the collection, storage, and data processing of information described in para- graph (1). (B) Attorney General To the extent practicable, the Attorney General shall use or enhance existing soft- ware for the collection, storage, and data processing of information described in para- graph (1). (5) Reporting requirements The Attorney General shall prescribe by reg- ulation reporting requirements by taking into account the curriculum calendar of the ap- proved institution of higher education, other approved educational institution, or exchange visitor program. (d) Participation by institutions of higher edu- cation and exchange visitor programs (1) Condition The information described in subsection (c) shall be provided by institutions of higher edu- cation, other approved educational institu- tions, or exchange visitor programs as a condi- tion of— (A) in the case of an approved institution of higher education, or other approved edu- cational institution,,1 the continued ap- proval 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 sub- paragraph (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 edu- cation, other approved educational institu- tion, 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 re- spect to whom the institution or program is required by subsection (a) to collect informa- tion, 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 sched- ule established by the Attorney General for immediate deposit and availability as de- scribed 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 non- immigrant 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 col- lected from, an alien under paragraph (1). Except as provided in subsection (g)(2), the fee imposed on any individual may not ex- ceed $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 par- ticipant in a summer work travel program, the fee shall not exceed $40, except that, in Page 463 TITLE 8—ALIENS AND NATIONALITY § 1372 3 So in original. See 2000 amendment notes below. 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 collec- tion program described in this section. (B) Use Fees collected under paragraph (1) shall be deposited as offsetting receipts into the Im- migration Examinations Fee Account (es- tablished 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 nec- essarily limited to, those incurred by the Secretary of State in connection with the program under subsection (a). (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 sec- tion 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 classi- fication described in paragraph (3). (6) Implementation The provisions of section 553 of title 5 (relat- ing to rule-making) shall not apply to the ex- tent the Attorney General determines nec- essary to ensure the expeditious, initial imple- mentation of this section. (f) Joint report Not later than 4 years after the commence- ment of the program established under sub- section (a), the Attorney General, the Secretary of State, and the Secretary of Education shall jointly submit to the Committees on the Judici- ary of the Senate and the House of Representa- tives 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 submis- sion of the report required by subsection (f), 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 coun- tries. (2) Revision of fee After the program has been expanded, as provided in paragraph (1), the Attorney Gen- eral may, on a periodic basis, revise the amount of the fee imposed and collected under subsection (e) in order to take into account changes in the cost of carrying out the pro- gram. (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 ap- proved by the Attorney General, in consulta- tion 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 pro- gram’’ 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. (3) Other approved educational institution The term ‘‘other approved educational insti- tution’’ includes any air flight school, lan- guage training school, or vocational school, approved by the Attorney General, in con- sultation with the Secretary of Education and the Secretary of State, under subparagraph (F), (J), or (M) of section 1101(a)(15) of this title. (Pub. L. 104–208, div. C, title VI, § 641, Sept. 30, 1996, 110 Stat. 3009–704; Pub. L. 106–396, title IV, §§ 404–406, Oct. 30, 2000, 114 Stat. 1649, 1650; Pub. L. 106–553, § 1(a)(2) [title I, § 110], Dec. 21, 2000, 114 Stat. 2762, 2762A–68; Pub. L. 107–56, title IV, § 416(c), Oct. 26, 2001, 115 Stat. 354; Pub. L. 107–173, title V, § 501(a), May 14, 2002, 116 Stat. 560.) Editorial Notes 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 en- acted section 1232g of Title 20, Education, and provi- sions 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 Immigra- tion Reform and Immigrant Responsibility Act of 1996, and also as part of the Omnibus Consolidated Appro- priations Act, 1997, and not as part of the Immigration and Nationality Act which comprises this chapter. AMENDMENTS 2002—Subsec. (a)(3), (4). Pub. L. 107–173, § 501(a)(1), added pars. (3) and (4). Subsec. (c)(1)(E) to (H). Pub. L. 107–173, § 501(a)(2), added subpars. (E) to (H). Subsec. (c)(5). Pub. L. 107–173, § 501(a)(3), added par. (5). 2001—Subsec. (a)(1). Pub. L. 107–56, § 416(c)(1), inserted ‘‘, other approved educational institutions,’’ after ‘‘higher education’’ in introductory provisions. Subsec. (c)(1)(C), (D). Pub. L. 107–56, § 416(c)(2), in- serted ‘‘, or other approved educational institution,’’ after ‘‘higher education’’. Subsec. (c)(4)(A). Pub. L. 107–56, § 416(c)(1), inserted ‘‘, other approved educational institutions,’’ after ‘‘higher education’’. Subsec. (d)(1). Pub. L. 107–56, § 416(c)(1), inserted ‘‘, other approved educational institutions,’’ after ‘‘higher education’’ in introductory provisions. Page 464 TITLE 8—ALIENS AND NATIONALITY § 1373 Subsec. (d)(1)(A). Pub. L. 107–56, § 416(c)(2), inserted ‘‘, or other approved educational institution,’’ after ‘‘higher education’’. Subsec. (d)(2). Pub. L. 107–56, § 416(c)(3), inserted ‘‘, other approved educational institution,’’ after ‘‘higher education’’. Subsec. (e)(1), (2). Pub. L. 107–56, § 416(c)(3), which di- rected insertion of ‘‘, other approved educational insti- tution,’’ after ‘‘higher education’’ in pars. (1) and (2), could not be executed because the words ‘‘higher edu- cation’’ did not appear. See 2000 Amendment notes below. Subsec. (h)(3). Pub. L. 107–56, § 416(c)(4), added par. (3). 2000—Subsec. (d)(1). Pub. L. 106–396, § 406(2), inserted ‘‘institutions of higher education or exchange visitor programs’’ after ‘‘by’’ in introductory provisions. Subsec. (e)(1). Pub. L. 106–396, § 404(1), in introductory provisions, substituted ‘‘the Attorney General’’ for ‘‘an approved institution of higher education and a des- ignated 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 institu- tion or program after entering the United States; or ‘‘(B) in a case where a registration under subpara- graph (A) does not exist, when the alien first com- mences activities in the United States with the insti- tution or program.’’ Subsec. (e)(2). Pub. L. 106–396, § 404(2), amended head- ing 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, § 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 pe- riod 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 ex- ceed $35’’ without reference to amendment made by Pub. L. 106–396, § 404(4)(A). See below. Pub. L. 106–396, § 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 sum- mer work travel program, the fee shall not exceed $40’’. See amendment note above. Subsec. (e)(4)(B). Pub. L. 106–396, § 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).’’ Subsec. (e)(5), (6). Pub. L. 106–396, § 404(5), added pars. (5) and (6). Subsec. (g)(1). Pub. L. 106–396, § 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 Edu- cation, 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 sec- tion.’’ Subsec. (h)(2)(A). Pub. L. 106–396, § 406(1), substituted ‘‘Secretary of State’’ for ‘‘Director of the United States Information Agency’’. Statutory Notes and Related Subsidiaries ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. FOREIGN STUDENT MONITORING PROGRAM Pub. L. 107–56, title IV, § 416(a), (b), Oct. 26, 2001, 115 Stat. 354, provided that: ‘‘(a) FULL IMPLEMENTATION AND EXPANSION OF FOR- EIGN STUDENT VISA MONITORING PROGRAM REQUIRED.— The Attorney General, in consultation with the Sec- retary of State, shall fully implement and expand the program established by section 641(a) of the Illegal Im- migration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a)). ‘‘(b) INTEGRATION WITH PORT OF ENTRY INFORMA- TION.—For each alien with respect to whom informa- tion is collected under section 641 of the Illegal Immi- gration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372), the Attorney General, in consulta- tion with the Secretary of State, shall include informa- tion on the date of entry and port of entry.’’ § 1373. Communication between government agencies and the Immigration and Natu- ralization Service (a) In general Notwithstanding any other provision of Fed- eral, State, or local law, a Federal, State, or local government entity or official may not pro- hibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Serv- ice information regarding the citizenship or im- migration status, lawful or unlawful, of any in- dividual. (b) Additional authority of government entities Notwithstanding any other provision of Fed- eral, State, or local law, no person or agency may prohibit, or in any way restrict, a Federal, State, or local government entity from doing any of the following with respect to information regarding the immigration status, lawful or un- lawful, of any individual: (1) Sending such information to, or request- ing or receiving such information from, the Immigration and Naturalization Service. (2) Maintaining such information. (3) Exchanging such information with any other Federal, State, or local government en- tity. (c) Obligation to respond to inquiries The Immigration and Naturalization Service shall respond to an inquiry by a Federal, State, or local government agency, seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law, by providing the requested verification or status information. (Pub. L. 104–208, div. C, title VI, § 642, Sept. 30, 1996, 110 Stat. 3009–707.) Editorial Notes CODIFICATION Section was enacted as part of the Illegal Immigra- tion Reform and Immigrant Responsibility Act of 1996, and also as part of the Omnibus Consolidated Appro- priations Act, 1997, and not as part of the Immigration and Nationality Act which comprises this chapter.