PROGRAM TO COLLECT INFORMATION RELATING TO NON-IMMIGRANT FOREIGN STUDENTS AND OTHER EXCHANGE PROGRAM PARTICIPANTS.

SEC. 641. PROGRAM TO COLLECT INFORMATION RELATING TO NON-IMMIGRANT 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) 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 101(a)(15) of the Immigration and Nationality Act; and (B) are nationals of the countries designated under subsection (b). (2) Deadline.— The program shall commence not later than January 1, 1998. 110 STAT. 3009–705 (b) Covered Countries.— The Attorney General, in consultation with the Secretary of State, shall designate countries for purposes of subsection (a)(1)(B). 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) 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 shall not apply to aliens described in subsection (a) to the extent that the Attorney General determines necessary to carry out the program under subsection (a). (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) shall be provided by 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 101(a)(15) of the Immigration and Nationality Act; and (B) in the case of an approved institution of higher education or a designated exchange visitor program, the 110 STAT. 3009–706granting of authority to issue documents to an alien demonstrating the alien’s eligibility for a visa under subparagraph (F), (J), or (M) of section 101(a)(15) of such Act. (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, an approved institution of higher education and a designated exchange visitor program 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) to collect information, a fee established by the Attorney General under paragraph (4) at 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. (2) Remittance.— 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. (3) Aliens described.— An alien referred to in paragraph (1) is an alien who has nonimmigrant status under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (other than a nonimmigrant under section 101(a)(15)(J) of such Act who has 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), the fee imposed on any individual may not exceed $100. 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. (B) Use.— Fees collected under paragraph (1) shall be deposited as offsetting receipts into the Immigration Examinations Fee Account (established under section 286(m) of the Immigration and Nationality Act) 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. (f) Joint Report.— Not later than 4 years after the commencement of the program established under subsection (a), 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 the Program.— (1) Expansion of program.— 110 STAT. 3009–707 (A) In general.— Not later than 6 months after the submission 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 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). (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) 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 101(a)(15) of the Immigration and Nationality Act. (2) Designated exchange visitor program.— The term “designated exchange visitor program” means a program that has been— (A) designated by the Director of the United States Information Agency for purposes of section 101(a)(15)(J) of the Immigration and Nationality Act; and (B) selected by the Attorney General for purposes of the program under this section.