PL104-208 Subtitle D Sec. 641

Subtitle D—Other Provisions

SEC. 641. 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) 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.

8 USC 1372.

8 USC 1153 note.

110 STAT. 3009–705 PUBLIC LAW 104–208—SEPT. 30, 1996

(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

PUBLIC LAW 104–208—SEPT. 30, 1996 110 STAT. 3009–706

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 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 PUBLIC LAW 104–208—SEPT. 30, 1996

(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.

SEC. 642. COMMUNICATION BETWEEN GOVERNMENT AGENCIES AND

THE IMMIGRATION AND NATURALIZATION SERVICE.

(a) IN GENERAL.—Notwithstanding any other provision of Federal,

State, or local law, a Federal, State, or local government

entity or official may not prohibit, or in any way restrict, any

government entity or official from sending to, or receiving from,

the Immigration and Naturalization Service information regarding

the citizenship or immigration status, lawful or unlawful, of any

individual.

(b) ADDITIONAL AUTHORITY OF GOVERNMENT ENTITIES.—Notwithstanding

any other provision of Federal, 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 unlawful, of any individual:

(1) Sending such information to, or requesting 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 entity.

(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.

8 USC 1373.

PUBLIC LAW 104–208—SEPT. 30, 1996 110 STAT. 3009–708

SEC. 643. REGULATIONS REGARDING HABITUAL RESIDENCE.

Not later than 6 months after the date of the enactment of

this Act, the Commissioner of Immigration and Naturalization shall

issue regulations governing rights of ‘‘habitual residence’’ in the

United States under the terms of the following:

(1) The Compact of Free Association between the Government

of the United States and the Governments of the Marshall

Islands and the Federated States of Micronesia (48 U.S.C.

1901 note).

(2) The Compact of Free Association between the Government

of the United States and the Government of Palau (48

U.S.C. 1931 note).