§ 1372. Program to collect information relating to nonimmigrant foreign students and other exchange program participants

Footnotes

1. 1 So in original.
2. 2 So in original. The word “and” probably should not appear.
3. 3 So in original. See 2000 amendment notes below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1996

   NATO Enlargement Facilitation Act of 1996

   Pub. L. 104–208 div. C title VI § 641 · 110 Stat. 3009

   Enacted · 8 U.S.C. § 1372

   Pub. L. 104–208, div. C, title VI, § 641, Sept. 30, 1996, 110 Stat. 3009–704

   Source evidence

   Code source credit
   Pub. L. 104–208, div. C, title VI, § 641, Sept. 30, 1996, 110 Stat. 3009–704

   Enacted provision · exact public law section
   Sec. 641. (a) Section 1—Authorization of Appropriations.— Section 8(a)(1) of the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note, Public Law 101–12, April 10, 1989, 103 Stat. 34, as amended Public Law 103–424, Section 1, October 29, 1994, 108 Stat. 4361), is amended by striking the words: “1993, 1994, 1995, 1996, and 1997,” and inserting in lieu thereof “1998, 1999, 2000, 2001, and 2002”. (b) 5 USC 5509 note. Section 2—Effective Date.— This Act shall take effect on October 1, 1998.

2. 2000

   Visa Waiver Permanent Program Act

   Pub. L. 106–396 § 406(2) · 114 Stat. 1637

   Inserted · 8 U.S.C. § 1372(d)(1)

   Pub. L. 106–396, § 406(2), inserted “institutions of higher education or exchange visitor programs” after “by” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 106–396, § 406(2), inserted “institutions of higher education or exchange visitor programs” after “by” in introductory provisions.

   Enacted provision · exact public law section
   (2) in subsection (d)(1), by inserting “institutions of higher education or exchange visitor programs” after “by”.

3. 2000

   Visa Waiver Permanent Program Act

   Pub. L. 106–396 § 404(1) · 114 Stat. 1637

   Substituted · 8 U.S.C. § 1372(e)(1)

   Pub. L. 106–396, § 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—

   Source evidence

   Code amendment note
   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 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.”

   Enacted provision · exact public law section
   (1) in paragraph (1)— (A) by striking “an approved institution of higher education and a designated exchange visitor program” and inserting “the Attorney General”; (B) by striking “the time—” and inserting the following: “a time prior to the alien being classified under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act.”; and (C) by striking subparagraphs (A) and (B);

4. 2000

   Visa Waiver Permanent Program Act

   Pub. L. 106–396 § 404(2) · 114 Stat. 1637

   Amended · 8 U.S.C. § 1372(e)(2)

   Pub. L. 106–396, § 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.”

   Source evidence

   Code amendment note
   Subsec. (e)(2). Pub. L. 106–396, § 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.”

   Enacted provision · exact public law section
   (2) by amending paragraph (2) to read as follows: “(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 286(m) of the Immigration and Nationality Act.”;

5. 2000

   Visa Waiver Permanent Program Act

   Pub. L. 106–396 § 404(3) · 114 Stat. 1637

   1. Substituted · 8 U.S.C. § 1372(e)(3)

      Pub. L. 106–396, § 404(3), substituted “alien who seeks” for “alien who has”

   2. Substituted · 8 U.S.C. § 1372(e)(3)

      Pub. L. 106–396, § 404(3), substituted “who seeks to come” for “who has come”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (3) in paragraph (3)— (A) by striking “has” the first place it appears and inserting “seeks”; and (B) by striking “has” the second place it appears and inserting “seeks to”;

6. 2000

   Visa Waiver Permanent Program Act

   Pub. L. 106–396 § 404(4)(A) · 114 Stat. 1637

   Inserted · 8 U.S.C. § 1372(e)(4)(A)

   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 summer work travel program, the fee shall not exceed $40”. See amendment note above

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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 summer work travel program, the fee shall not exceed $40”. See amendment note above.

   Enacted provision · exact public law section
   (A) by inserting before the period at the end of the second sentence of subparagraph (A) the following: “, except that, in the case of an alien admitted under section 101(a)(15)(J) of the Immigration and Nationality Act as an au pair, camp counselor, or participant in a summer work travel program, the fee shall not exceed $40”; and

7. 2000

   Visa Waiver Permanent Program Act

   Pub. L. 106–396 § 404(4)(B) · 114 Stat. 1637

   Inserted · 8 U.S.C. § 1372(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).”

   Source evidence

   Code amendment note
   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).”

   Enacted provision · exact public law section
   (B) by adding at the end of subparagraph (B) the following new sentence: “Such expenses include, but are not necessarily limited to, those incurred by the Secretary of State in connection with the program under subsection (a).”; and

8. 2000

   Visa Waiver Permanent Program Act

   Pub. L. 106–396 § 404(5) · 114 Stat. 1637

   Added · 8 U.S.C. § 1372(e)(5); 8 U.S.C. § 1372(e)(6)

   Pub. L. 106–396, § 404(5), added pars. (5) and (6)

   Source evidence

   Code amendment note
   Subsec. (e)(5), (6). Pub. L. 106–396, § 404(5), added pars. (5) and (6).

   Enacted provision · exact public law section
   (5) by adding at the end the following new paragraphs: “(5) Proof of payment.— The alien shall present proof of payment of the fee before the granting of— “(A) a visa under section 222 of the Immigration and Nationality Act or, in the case of an alien who is exempt from the visa requirement described in section 212(d)(4) of the Immigration and Nationality Act, admission to the United States; or “(B) change of nonimmigrant classification under section 248 of the Immigration and Nationality Act to a classification described in paragraph (3). “(6) Implementation.— The provisions of section 553 of title 5, United States Code (relating to rule-making) shall not apply to the extent the Attorney General determines necessary to ensure the expeditious, initial implementation of this section.”.

9. 2000

   Visa Waiver Permanent Program Act

   Pub. L. 106–396 § 405 · 114 Stat. 1637

   Amended · 8 U.S.C. § 1372(g)(1)

   Pub. L. 106–396, § 405, amended heading and text of par. (1) generally. Prior to amendment, text read as follows:

   Source evidence

   Code amendment note
   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 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.”

   Enacted provision · exact public law section
   SEC. 405. NEW TIME-FRAME FOR IMPLEMENTATION OF DATA COLLECTION PROGRAM. Section 641(g)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208) 8 USC 1372. is amended to read as follows: “(1) Expansion of program.— Not later than 12 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.”.

10. 2000

    Visa Waiver Permanent Program Act

    Pub. L. 106–396 § 406(1) · 114 Stat. 1637

    Substituted · 8 U.S.C. § 1372(h)(2)(A)

    Pub. L. 106–396, § 406(1), substituted “Secretary of State” for “Director of the United States Information Agency”

    Source evidence

    Code amendment note
    Subsec. (h)(2)(A). Pub. L. 106–396, § 406(1), substituted “Secretary of State” for “Director of the United States Information Agency”.

    Enacted provision · exact public law section
    (1) in subsection (h)(2)(A), by striking “Director of the United States Information Agency” and inserting “Secretary of State”; and

11. 2000

    Pub. L. 106–553 § 1(a)(2)(tI)(s110) · 114 Stat. 2762

    Inserted · 8 U.S.C. § 1372(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, § 404(4)(A). See below

    Source evidence

    Code amendment note
    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, § 404(4)(A). See below.

    Enacted provision · exact public law section
    (2) H.R. 5548, as introduced on October 25, 2000.

12. 2001

    International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001

    Pub. L. 107–56 § 416(c)(1) · 115 Stat. 272

    Inserted · 8 U.S.C. § 1372(a)(1)

    Pub. L. 107–56, § 416(c)(1), inserted “, other approved educational institutions,” after “higher education” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 107–56, § 416(c)(1), inserted “, other approved educational institutions,” after “higher education” in introductory provisions.

    Enacted provision · exact public law section
    (1) in subsection (a)(1), subsection (c)(4)(A), and subsection(d)(1) (in the text above subparagraph (A)), by inserting “, other approved educational institutions,” after “higher education” each place it appears;

13. 2001

    International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001

    Pub. L. 107–56 § 416(c)(2) · 115 Stat. 272

    Inserted · 8 U.S.C. § 1372(c)(1)(C); 8 U.S.C. § 1372(c)(1)(D)

    Pub. L. 107–56, § 416(c)(2), inserted “, or other approved educational institution,” after “higher education”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(C), (D). Pub. L. 107–56, § 416(c)(2), inserted “, or other approved educational institution,” after “higher education”.

    Enacted provision · exact public law section
    (2) in subsections (c)(1)(C), (c)(1)(D), and (d)(1)(A), by inserting “, or other approved educational institution,” after “higher education” each place it appears;

14. 2001

    International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001

    Pub. L. 107–56 § 416(c)(1) · 115 Stat. 272

    Inserted · 8 U.S.C. § 1372(c)(4)(A)

    Pub. L. 107–56, § 416(c)(1), inserted “, other approved educational institutions,” after “higher education”

    Source evidence

    Code amendment note
    Subsec. (c)(4)(A). Pub. L. 107–56, § 416(c)(1), inserted “, other approved educational institutions,” after “higher education”.

    Enacted provision · exact public law section
    (1) in subsection (a)(1), subsection (c)(4)(A), and subsection(d)(1) (in the text above subparagraph (A)), by inserting “, other approved educational institutions,” after “higher education” each place it appears;

15. 2001

    International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001

    Pub. L. 107–56 § 416(c)(1) · 115 Stat. 272

    Inserted · 8 U.S.C. § 1372(d)(1)

    Pub. L. 107–56, § 416(c)(1), inserted “, other approved educational institutions,” after “higher education” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 107–56, § 416(c)(1), inserted “, other approved educational institutions,” after “higher education” in introductory provisions.

    Enacted provision · exact public law section
    (1) in subsection (a)(1), subsection (c)(4)(A), and subsection(d)(1) (in the text above subparagraph (A)), by inserting “, other approved educational institutions,” after “higher education” each place it appears;

16. 2001

    International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001

    Pub. L. 107–56 § 416(c)(2) · 115 Stat. 272

    Inserted · 8 U.S.C. § 1372(d)(1)(A)

    Pub. L. 107–56, § 416(c)(2), inserted “, or other approved educational institution,” after “higher education”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(A). Pub. L. 107–56, § 416(c)(2), inserted “, or other approved educational institution,” after “higher education”.

    Enacted provision · exact public law section
    (2) in subsections (c)(1)(C), (c)(1)(D), and (d)(1)(A), by inserting “, or other approved educational institution,” after “higher education” each place it appears;

17. 2001

    International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001

    Pub. L. 107–56 § 416(c)(3) · 115 Stat. 272

    Inserted · 8 U.S.C. § 1372(d)(2)

    Pub. L. 107–56, § 416(c)(3), inserted “, other approved educational institution,” after “higher education”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 107–56, § 416(c)(3), inserted “, other approved educational institution,” after “higher education”.

    Enacted provision · exact public law section
    (3) in subsections (d)(2), (e)(1), and (e)(2), by inserting “, other approved educational institution,” after “higher education” each place it appears; and

18. 2001

    International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001

    Pub. L. 107–56 § 416(c)(3) · 115 Stat. 272

    Changed · 8 U.S.C. § 1372(e)(1); 8 U.S.C. § 1372(e)(2)

    Pub. L. 107–56, § 416(c)(3), which directed insertion of “, other approved educational institution,” after “higher education” in pars. (1) and (2), could not be executed because the words “higher education” did not appear. See 2000 Amendment notes below

    Source evidence

    Code amendment note
    Subsec. (e)(1), (2). Pub. L. 107–56, § 416(c)(3), which directed insertion of “, other approved educational institution,” after “higher education” in pars. (1) and (2), could not be executed because the words “higher education” did not appear. See 2000 Amendment notes below.

    Enacted provision · exact public law section
    (3) in subsections (d)(2), (e)(1), and (e)(2), by inserting “, other approved educational institution,” after “higher education” each place it appears; and

19. 2001

    International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001

    Pub. L. 107–56 § 416(c)(4) · 115 Stat. 272

    Added · 8 U.S.C. § 1372(h)(3)

    Pub. L. 107–56, § 416(c)(4), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (h)(3). Pub. L. 107–56, § 416(c)(4), added par. (3).

    Enacted provision · exact public law section
    (4) in subsection (h), by adding at the end the following new paragraph: “(3) Other approved educational institution.— The term ‘other approved educational institution’ includes any airflight school, language training school, or vocational school, approved by the Attorney General, in consultation with the Secretary of Education and the Secretary of State, under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act.”.

20. 2002

    Enhanced Border Security and Visa Entry Reform Act of 2002

    Pub. L. 107–173 § 501(a)(1) · 116 Stat. 543

    Added · 8 U.S.C. § 1372(a)(3); 8 U.S.C. § 1372(a)(4)

    Pub. L. 107–173, § 501(a)(1), added pars. (3) and (4)

    Source evidence

    Code amendment note
    Subsec. (a)(3), (4). Pub. L. 107–173, § 501(a)(1), added pars. (3) and (4).

    Enacted provision · exact public law section
    (1) Monitoring and verification of information.— Section 641(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a)) is amended by adding at the end the following: “(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 Deadline. 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.”.

21. 2002

    Enhanced Border Security and Visa Entry Reform Act of 2002

    Pub. L. 107–173 § 501(a)(2) · 116 Stat. 543

    Added · 8 U.S.C. § 1372(c)(1)(E)(H)

    Pub. L. 107–173, § 501(a)(2), added subpars. (E) to (H)

    Source evidence

    Code amendment note
    Subsec. (c)(1)(E) to (H). Pub. L. 107–173, § 501(a)(2), added subpars. (E) to (H).

    Enacted provision · exact public law section
    (2) Additional requirements for data to be collected.— Section 641(c)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(c)(1)) is amended— (A) by striking “and” at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting “; and”; and (C) by adding at the end the following: “(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 reenroll).”.

22. 2002

    Enhanced Border Security and Visa Entry Reform Act of 2002

    Pub. L. 107–173 § 501(a)(3) · 116 Stat. 543

    Added · 8 U.S.C. § 1372(c)(5)

    Pub. L. 107–173, § 501(a)(3), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (c)(5). Pub. L. 107–173, § 501(a)(3), added par. (5).

    Enacted provision · exact public law section
    (3) Reporting requirements.— Section 641(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(c)) is amended by adding at the end the following new paragraph: “(5) Reporting requirements.— The Attorney General Regulations. 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.”.

23 of 23 references resolved to an enrolled provision