Page:United States Statutes at Large Volume 116 Part 1.djvu/589

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PUBLIC LAW 107-173—MAY 14, 2002 116 STAT. 563 SEC. 502. REVIEW OF INSTITUTIONS AND OTHER ENTITIES AUTHOR- 8 USC 1762. IZED TO ENROLL OR SPONSOR CERTAIN NON- IMMIGRANTS. (a) PERIODIC REVIEW OF COMPLIANCE.—Not later than two Deadline, years after the date of enactment of this Act, and every two years theroEifter, the Commissioner of Immigration and Naturalization, in consultation with the Secretary of Education, shall conduct a review of the institutions certified to receive nonimmigrants under section 101(a)(15)(F), (M), or (J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F), (M), or (J)). Each review shall determine whether the institutions are in compliance with— (1) recordkeeping and reporting requirements to receive nonimmigrants under section 101(a)(15)(F), (M), or (J) of that Act (8 U.S.C. 1101(a)(15)(F), (M), or (J)); and (2) recordkeeping and reporting requirements under section 64l^the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372). (b) PERIODIC REVIEW OF SPONSORS OF EXCHANGE VISITORS.— (1) REQUIREMENT FOR REVIEWS.— Not later than two years Deadline, after the date of enactment of this Act, and every two years thereafter, the Secretary of State shall conduct a review of the entities designated to sponsor exchange visitor program participants under section 101(a)(15)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(£tX15)(J)). (2) DETERMINATIONS.—On the b^is of reviews of entities under paragraph (1), the Secretsiry shall determine whether the entities are in compliance with— (A) recordkeeping and reporting requirements to receive nonimmigrant exchange visitor program participants under section 101(a)(15)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J)); and (B) recordkeeping and reporting requirements under section 641 of the lUeged Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372). (c) EFFECT OF MATERIAL FAILURE TO COMPLY. — Material failure of an institution or other entity to comply with the recordkeeping and reporting requirements to receive nonimmigrant students or exchange visitor program participants under section 101(a)(15)(F), (M), or (J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F), (M), or (J)), or section 641 of the Illegal Immigration Reform and Immigrant Responsibihty Act of 1996 (8 U.S.C. 1372), shall result in the suspension for at least one year or termination, at the election of the Commissioner of Immigration and Naturalization, of the institution's approval to receive such students, or result in the suspension for at least one year or termination, at the election of the Secretary of State, of the other entity's designation to sponsor exchange visitor program participants, as the case may be.