IV

107TH CONGRESS

2D SESSION H. RES. 365

Providing for the concurrence by the House with amendments in the

amendment of the Senate to H.R. 1885.

IN THE HOUSE OF REPRESENTATIVES

MARCH 12, 2002

Mr. SENSENBRENNER submitted the following resolution; which was

considered under suspension of the rules and agreed to

RESOLUTION

Providing for the concurrence by the House with

amendments in the amendment of the Senate to H.R. 1885.

1 Resolved, That, upon the adoption of this resolution,

2 the House shall be considered to have taken from the

3 Speaker’s table the bill H.R. 1885, with the Senate

4 amendment thereto, and to have concurred in the Senate

5 amendment with the following amendments:

6 (1) Amend the title so as to read: ‘‘An Act to

7 enhance the border security of the United States,

8 and for other purposes.’’.
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1 (2) In lieu of the matter proposed to be in2 serted by the amendment of the Senate, insert the

3 following:

4 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

5 (a) SHORT TITLE.—This Act may be cited as the

6 ‘‘Enhanced Border Security and Visa Entry Reform Act

7 of 2002’’.

8 (b) TABLE OF CONTENTS.—The table of contents for

9 this Act is as follows:

Sec. 1. Short title.

Sec. 2. Definitions.

TITLE I—FUNDING

Sec. 101. Authorization of appropriations for hiring and training Government

personnel.

Sec. 102. Authorization of appropriations for improvements in technology and

infrastructure.

Sec. 103. Machine-readable visa fees.

TITLE II—INTERAGENCY INFORMATION SHARING

Sec. 201. Interim measures for access to and coordination of law enforcement

and other information.

Sec. 202. Interoperable law enforcement and intelligence data system with

name-matching capacity and training.

Sec. 203. Commission on interoperable data sharing.

TITLE III—VISA ISSUANCE

Sec. 301. Electronic provision of visa files.

Sec. 302. Implementation of an integrated entry and exit data system.

Sec. 303. Machine-readable, tamper-resistant entry and exit documents.

Sec. 304. Terrorist lookout committees.

Sec. 305. Improved training for consular officers.

Sec. 306. Restriction on issuance of visas to nonimmigrants who are from countries that are state sponsors of international terrorism.

Sec. 307. Designation of program countries under the Visa Waiver Program.

Sec. 308. Tracking system for stolen passports.

Sec. 309. Identification documents for certain newly admitted aliens.

TITLE IV—ADMISSION AND INSPECTION OF ALIENS

Sec. 401. Study of the feasibility of a North American National Security Program.

Sec. 402. Passenger manifests.
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Sec. 403. Time period for inspections.

TITLE V—FOREIGN STUDENTS AND EXCHANGE VISITORS

Sec. 501. Foreign student monitoring program.

Sec. 502. Review of institutions and other entities authorized to enroll or sponsor certain nonimmigrants.

TITLE VI—MISCELLANEOUS PROVISIONS

Sec. 601. Extension of deadline for improvement in border crossing identification cards.

Sec. 602. General Accounting Office study.

Sec. 603. International cooperation.

Sec. 604. Statutory construction.

Sec. 605. Report on aliens who fail to appear after release on own recognizance.

Sec. 606. Retention of nonimmigrant visa applications by the Department of

State.

Sec. 607. Extension of deadline for classification petition and labor certification

filings.

1 SEC. 2. DEFINITIONS.

2 In this Act:

3 (1) ALIEN.—The term ‘‘alien’’ has the meaning

4 given the term in section 101(a)(3) of the Immigra5 tion and Nationality Act (8 U.S.C. 1101(a)(3)).

6 (2) APPROPRIATE COMMITTEES OF CON7 GRESS.—The term ‘‘appropriate committees of Con8 gress’’ means the following:

9 (A) The Committee on the Judiciary, the

10 Select Committee on Intelligence, and the Com11 mittee on Foreign Relations of the Senate.

12 (B) The Committee on the Judiciary, the

13 Permanent Select Committee on Intelligence,

14 and the Committee on International Relations

15 of the House of Representatives.
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1 (3) FEDERAL LAW ENFORCEMENT AGENCIES.—

2 The term ‘‘Federal law enforcement agencies’’

3 means the following:

4 (A) The United States Secret Service.

5 (B) The Drug Enforcement Administra6 tion.

7 (C) The Federal Bureau of Investigation.

8 (D) The Immigration and Naturalization

9 Service.

10 (E) The United States Marshall Service.

11 (F) The Naval Criminal Investigative Serv12 ice.

13 (G) The Coastal Security Service.

14 (H) The Diplomatic Security Service.

15 (I) The United States Postal Inspection

16 Service.

17 (J) The Bureau of Alcohol, Tobacco, and

18 Firearms.

19 (K) The United States Customs Service.

20 (L) The National Park Service.

21 (4) INTELLIGENCE COMMUNITY.—The term

22 ‘‘intelligence community’’ has the meaning given

23 that term in section 3(4) of the National Security

24 Act of 1947 (50 U.S.C. 401a(4)).
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1 (5) PRESIDENT.—The term ‘‘President’’ means

2 the President of the United States, acting through

3 the Assistant to the President for Homeland Secu4 rity, in coordination with the Secretary of State, the

5 Commissioner of Immigration and Naturalization,

6 the Attorney General, the Director of Central Intel7 ligence, the Director of the Federal Bureau of Inves8 tigation, the Secretary of Transportation, the Com9 missioner of Customs, and the Secretary of the

10 Treasury.

11 (6) USA PATRIOT ACT.—The term ‘‘USA

12 PATRIOT Act’’ means the Uniting and Strength13 ening America by Providing Appropriate Tools Re14 quired to Intercept and Obstruct Terrorism (USA

15 PATRIOT ACT) Act of 2001 (Public Law 107–56).

16 TITLE I—FUNDING

17 SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR HIR18 ING AND TRAINING GOVERNMENT PER19 SONNEL.

20 (a) ADDITIONAL PERSONNEL.—

21 (1) INS INSPECTORS.—Subject to the avail22 ability of appropriations, during each of the fiscal

23 years 2002 through 2006, the Attorney General

24 shall increase the number of inspectors and associ25 ated support staff in the Immigration and Natu-
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1 ralization Service by the equivalent of at least 200

2 full-time employees over the number of inspectors

3 and associated support staff in the Immigration and

4 Naturalization Service authorized by the USA PA5 TRIOT Act.

6 (2) INS INVESTIGATIVE PERSONNEL.—Subject

7 to the availability of appropriations, during each of

8 the fiscal years 2002 through 2006, the Attorney

9 General shall increase the number of investigative

10 and associated support staff of the Immigration and

11 Naturalization Service by the equivalent of at least

12 200 full-time employees over the number of inves13 tigators and associated support staff in the Immi14 gration and Naturalization Service authorized by the

15 USA PATRIOT Act.

16 (3) AUTHORIZATION OF APPROPRIATIONS.—

17 There are authorized to be appropriated such sums

18 as may be necessary to carry out this subsection, in19 cluding such sums as may be necessary to provide

20 facilities, attorney personnel and support staff, and

21 other resources needed to support the increased

22 number of inspectors, investigative staff, and associ23 ated support staff.

24 (b) WAIVER OF FTE LIMITATION.—The Attorney

25 General is authorized to waive any limitation on the num-
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1 ber of full-time equivalent personnel assigned to the Immi2 gration and Naturalization Service.

3 (c) AUTHORIZATION OF APPROPRIATIONS FOR INS

4 STAFFING.—

5 (1) IN GENERAL.—There are authorized to be

6 appropriated for the Department of Justice such

7 sums as may be necessary to provide an increase in

8 the annual rate of basic pay—

9 (A) for all journeyman Border Patrol

10 agents and inspectors who have completed at

11 least one year’s service and are receiving an an12 nual rate of basic pay for positions at GS–9 of

13 the General Schedule under section 5332 of

14 title 5, United States Code, from the annual

15 rate of basic pay payable for positions at GS–

16 9 of the General Schedule under such section

17 5332, to an annual rate of basic pay payable

18 for positions at GS–11 of the General Schedule

19 under such section 5332;

20 (B) for inspections assistants, from the an21 nual rate of basic pay payable for positions at

22 GS–5 of the General Schedule under section

23 5332 of title 5, United States Code, to an an24 nual rate of basic pay payable for positions at
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1 GS–7 of the General Schedule under such sec2 tion 5332; and

3 (C) for the support staff associated with

4 the personnel described in subparagraphs (A)

5 and (B), at the appropriate GS level of the

6 General Schedule under such section 5332.

7 (d) AUTHORIZATION OF APPROPRIATIONS FOR

8 TRAINING.—There are authorized to be appropriated such

9 sums as may be necessary—

10 (1) to appropriately train Immigration and Nat11 uralization Service personnel on an ongoing basis—

12 (A) to ensure that their proficiency levels

13 are acceptable to protect the borders of the

14 United States; and

15 (B) otherwise to enforce and administer

16 the laws within their jurisdiction; and

17 (2) to provide adequate continuing cross-train18 ing to agencies staffing the United States border

19 and ports of entry to effectively and correctly apply

20 applicable United States laws;

21 (3) to fully train immigration officers to use the

22 appropriate lookout databases and to monitor pas23 senger traffic patterns; and
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1 (4) to expand the Carrier Consultant Program

2 described in section 235(b) of the Immigration and

3 Nationality Act (8 U.S.C. 1225A(b)).

4 (e) AUTHORIZATION OF APPROPRIATIONS FOR CON5 SULAR FUNCTIONS.—

6 (1) RESPONSIBILITIES.—The Secretary of State

7 shall—

8 (A) implement enhanced security measures

9 for the review of visa applicants;

10 (B) staff the facilities and programs asso11 ciated with the activities described in subpara12 graph (A); and

13 (C) provide ongoing training for consular

14 officers and diplomatic security agents.

15 (2) AUTHORIZATION OF APPROPRIATIONS.—

16 There are authorized to be appropriated for the De17 partment of State such sums as may be necessary

18 to carry out paragraph (1).

19 SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR IM20 PROVEMENTS IN TECHNOLOGY AND INFRA21 STRUCTURE.

22 (a) FUNDING OF TECHNOLOGY.—

23 (1) AUTHORIZATION OF APPROPRIATIONS.—In

24 addition to funds otherwise available for such pur25 pose, there are authorized to be appropriated
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1 $150,000,000 to the Immigration and Naturaliza2 tion Service for purposes of—

3 (A) making improvements in technology

4 (including infrastructure support, computer se5 curity, and information technology develop6 ment) for improving border security;

7 (B) expanding, utilizing, and improving

8 technology to improve border security; and

9 (C) facilitating the flow of commerce and

10 persons at ports of entry, including improving

11 and expanding programs for preenrollment and

12 preclearance.

13 (2) WAIVER OF FEES.—Federal agencies in14 volved in border security may waive all or part of en15 rollment fees for technology-based programs to en16 courage participation by United States citizens and

17 aliens in such programs. Any agency that waives any

18 part of any such fee may establish its fees for other

19 services at a level that will ensure the recovery from

20 other users of the amounts waived.

21 (3) OFFSET OF INCREASES IN FEES.—The At22 torney General may, to the extent reasonable, in23 crease land border fees for the issuance of arrival24 departure documents to offset technology costs.
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1 (b) IMPROVEMENT AND EXPANSION OF INS, STATE

2 DEPARTMENT, AND CUSTOMS FACILITIES.—There are

3 authorized to be appropriated to the Immigration and

4 Naturalization Service and the Department of State such

5 sums as may be necessary to improve and expand facilities

6 for use by the personnel of those agencies.

7 SEC. 103. MACHINE–READABLE VISA FEES.

8 (a) RELATION TO SUBSEQUENT AUTHORIZATION

9 ACTS.—Section 140(a) of the Foreign Relations Author10 ization Act, Fiscal Years 1994 and 1995 (Public Law

11 103–236) is amended by striking paragraph (3).

12 (b) FEE AMOUNT.—The machine-readable visa fee

13 charged by the Department of State shall be the higher

14 of $65 or the cost of the machine-readable visa service,

15 as determined by the Secretary of State after conducting

16 a study of the cost of such service.

17 (c) SURCHARGE.—The Department of State is au18 thorized to charge a surcharge of $10, in addition to the

19 machine-readable visa fee, for issuing a machine-readable

20 visa in a nonmachine-readable passport.

21 (d) AVAILABILITY OF COLLECTED FEES.—Notwith22 standing any other provision of law, amounts collected as

23 fees described in this section shall be credited as an offset24 ting collection to any appropriation for the Department

25 of State to recover costs of providing consular services.
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1 Amounts so credited shall be available, until expended, for

2 the same purposes as the appropriation to which credited.

3 TITLE II—INTERAGENCY

4 INFORMATION SHARING

5 SEC. 201. INTERIM MEASURES FOR ACCESS TO AND CO6 ORDINATION OF LAW ENFORCEMENT AND

7 OTHER INFORMATION.

8 (a) INTERIM DIRECTIVE.—Until the plan required by

9 subsection (c) is implemented, Federal law enforcement

10 agencies and the intelligence community shall, to the max11 imum extent practicable, share any information with the

12 Department of State and the Immigration and Naturaliza13 tion Service relevant to the admissibility and deportability

14 of aliens, consistent with the plan described in subsection

15 (c).

16 (b) REPORT IDENTIFYING LAW ENFORCEMENT AND

17 INTELLIGENCE INFORMATION.—

18 (1) IN GENERAL.—Not later than 120 days

19 after the date of enactment of this Act, the Presi20 dent shall submit to the appropriate committees of

21 Congress a report identifying Federal law enforce22 ment and the intelligence community information

23 needed by the Department of State to screen visa

24 applicants, or by the Immigration and Naturaliza25 tion Service to screen applicants for admission to the
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1 United States, and to identify those aliens inadmis2 sible or deportable under the Immigration and Na3 tionality Act.

4 (2) REPEAL.—Section 414(d) of the USA PA5 TRIOT Act is hereby repealed.

6 (c) COORDINATION PLAN.—

7 (1) REQUIREMENT FOR PLAN.—Not later than

8 one year after the date of enactment of the USA

9 PATRIOT Act, the President shall develop and im10 plement a plan based on the findings of the report

11 under subsection (b) that requires Federal law en12 forcement agencies and the intelligence community

13 to provide to the Department of State and the Im14 migration and Naturalization Service all information

15 identified in that report as expeditiously as prac16 ticable.

17 (2) CONSULTATION REQUIREMENT.—In the

18 preparation and implementation of the plan under

19 this subsection, the President shall consult with the

20 appropriate committees of Congress.

21 (3) PROTECTIONS REGARDING INFORMATION

22 AND USES THEREOF.—The plan under this sub23 section shall establish conditions for using the infor24 mation described in subsection (b) received by the
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1 Department of State and Immigration and Natu2 ralization Service—

3 (A) to limit the redissemination of such in4 formation;

5 (B) to ensure that such information is

6 used solely to determine whether to issue a visa

7 to an alien or to determine the admissibility or

8 deportability of an alien to the United States,

9 except as otherwise authorized under Federal

10 law;

11 (C) to ensure the accuracy, security, and

12 confidentiality of such information;

13 (D) to protect any privacy rights of indi14 viduals who are subjects of such information;

15 (E) to provide data integrity through the

16 timely removal and destruction of obsolete or

17 erroneous names and information; and

18 (F) in a manner that protects the sources

19 and methods used to acquire intelligence infor20 mation as required by section 103(c)(6) of the

21 National Security Act of 1947 (50 U.S.C. 403–

22 3(c)(6)).

23 (4) CRIMINAL PENALTIES FOR MISUSE OF IN24 FORMATION.—Any person who obtains information

25 under this subsection without authorization or ex-
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1 ceeding authorized access (as defined in section

2 1030(e) of title 18, United States Code), and who

3 uses such information in the manner described in

4 any of the paragraphs (1) through (7) of section

5 1030(a) of such title, or attempts to use such infor6 mation in such manner, shall be subject to the same

7 penalties as are applicable under section 1030(c) of

8 such title for violation of that paragraph.

9 (5) ADVANCING DEADLINES FOR A TECH10 NOLOGY STANDARD AND REPORT.—Section 403(c)

11 of the USA PATRIOT Act is amended—

12 (A) in paragraph (1), by striking ‘‘2

13 years’’ and inserting ‘‘one year’’; and

14 (B) in paragraph (4), by striking ‘‘18

15 months’’ and inserting ‘‘six months’’.

16 SEC. 202. INTEROPERABLE LAW ENFORCEMENT AND IN17 TELLIGENCE DATA SYSTEM WITH NAME18 MATCHING CAPACITY AND TRAINING.

19 (a) INTEROPERABLE LAW ENFORCEMENT AND IN20 TELLIGENCE ELECTRONIC DATA SYSTEM.—

21 (1) REQUIREMENT FOR INTEGRATED IMMIGRA22 TION AND NATURALIZATION DATA SYSTEM.—The

23 Immigration and Naturalization Service shall fully

24 integrate all databases and data systems maintained

25 by the Service that process or contain information
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1 on aliens. The fully integrated data system shall be

2 an interoperable component of the electronic data

3 system described in paragraph (2).

4 (2) REQUIREMENT FOR INTEROPERABLE DATA

5 SYSTEM.—Upon the date of commencement of im6 plementation of the plan required by section 201(c),

7 the President shall develop and implement an inter8 operable electronic data system to provide current

9 and immediate access to information in databases of

10 Federal law enforcement agencies and the intel11 ligence community that is relevant to determine

12 whether to issue a visa or to determine the admissi13 bility or deportability of an alien.

14 (3) CONSULTATION REQUIREMENT.—In the de15 velopment and implementation of the data system

16 under this subsection, the President shall consult

17 with the Director of the National Institute of Stand18 ards and Technology (NIST) and any such other

19 agency as may be deemed appropriate.

20 (4) TECHNOLOGY STANDARD.—

21 (A) IN GENERAL.—The data system devel22 oped and implemented under this subsection,

23 and the databases referred to in paragraph (2),

24 shall utilize the technology standard established

25 pursuant to section 403(c) of the USA PA-
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1 TRIOT Act, as amended by section 201(c)(5)

2 and subparagraph (B).

3 (B) CONFORMING AMENDMENT.—Section

4 403(c) of the USA PATRIOT Act, as amended

5 by section 201(c)(5), is further amended—

6 (i) in paragraph (1), by inserting ‘‘,

7 including appropriate biometric identifier

8 standards,’’ after ‘‘technology standard’’;

9 and

10 (ii) in paragraph (2) —

11 (I) by striking ‘‘INTEGRATED’’

12 and inserting ‘‘INTEROPERABLE’’; and

13 (II) by striking ‘‘integrated’’ and

14 inserting ‘‘interoperable’’.

15 (5) ACCESS TO INFORMATION IN DATA SYS16 TEM.—Subject to paragraph (6), information in the

17 data system under this subsection shall be readily

18 and easily accessible—

19 (A) to any consular officer responsible for

20 the issuance of visas;

21 (B) to any Federal official responsible for

22 determining an alien’s admissibility to or de23 portability from the United States; and

24 (C) to any Federal law enforcement or in25 telligence officer determined by regulation to be
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1 responsible for the investigation or identifica2 tion of aliens.

3 (6) LIMITATION ON ACCESS.—The President

4 shall, in accordance with applicable Federal laws, es5 tablish procedures to restrict access to intelligence

6 information in the data system under this sub7 section, and the databases referred to in paragraph

8 (2), under circumstances in which such information

9 is not to be disclosed directly to Government officials

10 under paragraph (5).

11 (b) NAME-SEARCH CAPACITY AND SUPPORT.—

12 (1) IN GENERAL.—The interoperable electronic

13 data system required by subsection (a) shall—

14 (A) have the capacity to compensate for

15 disparate name formats among the different

16 databases referred to in subsection (a);

17 (B) be searchable on a linguistically sen18 sitive basis;

19 (C) provide adequate user support;

20 (D) to the extent practicable, utilize com21 mercially available technology; and

22 (E) be adjusted and improved, based upon

23 experience with the databases and improve24 ments in the underlying technologies and

25 sciences, on a continuing basis.
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1 (2) LINGUISTICALLY SENSITIVE SEARCHES.—

2 (A) IN GENERAL.—To satisfy the require3 ment of paragraph (1)(B), the interoperable

4 electronic database shall be searchable based on

5 linguistically sensitive algorithms that—

6 (i) account for variations in name for7 mats and transliterations, including varied

8 spellings and varied separation or combina9 tion of name elements, within a particular

10 language; and

11 (ii) incorporate advanced linguistic,

12 mathematical, statistical, and anthropo13 logical research and methods.

14 (B) LANGUAGES REQUIRED.—

15 (i) PRIORITY LANGUAGES.—Linguis16 tically sensitive algorithms shall be devel17 oped and implemented for no fewer than 4

18 languages designated as high priorities by

19 the Secretary of State, after consultation

20 with the Attorney General and the Direc21 tor of Central Intelligence.

22 (ii) IMPLEMENTATION SCHEDULE.—

23 Of the 4 linguistically sensitive algorithms

24 required to be developed and implemented

25 under clause (i)—
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1 (I) the highest priority language

2 algorithms shall be implemented with3 in 18 months after the date of enact4 ment of this Act; and

5 (II) an additional language algo6 rithm shall be implemented each suc7 ceeding year for the next three years.

8 (3) ADEQUATE USER SUPPORT.—The Secretary

9 of State and the Attorney General shall jointly pre10 scribe procedures to ensure that consular and immi11 gration officers can, as required, obtain assistance in

12 resolving identity and other questions that may arise

13 about names of aliens seeking visas or admission to

14 the United States that may be subject to variations

15 in format, transliteration, or other similar phe16 nomenon.

17 (4) INTERIM REPORTS.—Six months after the

18 date of enactment of this Act, the President shall

19 submit a report to the appropriate committees of

20 Congress on the progress in implementing each re21 quirement of this section.

22 (5) REPORTS BY INTELLIGENCE AGENCIES.—

23 (A) CURRENT STANDARDS.—Not later

24 than 60 days after the date of enactment of

25 this Act, the Director of Central Intelligence
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1 shall complete the survey and issue the report

2 previously required by section 309(a) of the In3 telligence Authorization Act for Fiscal Year

4 1998 (50 U.S.C. 403–3 note).

5 (B) GUIDELINES.—Not later than 120

6 days after the date of enactment of this Act,

7 the Director of Intelligence shall issue the

8 guidelines and submit the copy of those guide9 lines previously required by section 309(b) of

10 the Intelligence Authorization Act for Fiscal

11 Year 1998 (50 U.S.C. 403–3 note).

12 (6) AUTHORIZATION OF APPROPRIATIONS.—

13 There are authorized to be appropriated such sums

14 as are necessary to carry out the provisions of this

15 subsection.

16 SEC. 203. COMMISSION ON INTEROPERABLE DATA SHAR17 ING.

18 (a) ESTABLISHMENT.—Not later than one year after

19 the date of enactment of the USA PATRIOT Act, the

20 President shall establish a Commission on Interoperable

21 Data Sharing (in this section referred to as the ‘‘Commis22 sion’’). The purposes of the Commission shall be to—

23 (1) monitor the protections described in section

24 201(c)(3);
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1 (2) provide oversight of the interoperable elec2 tronic data system described in this title; and

3 (3) report to Congress annually on the Commis4 sion’s findings and recommendations.

5 (b) COMPOSITION.—The Commission shall consist of

6 nine members, who shall be appointed by the President,

7 as follows:

8 (1) One member, who shall serve as Chair of

9 the Commission.

10 (2) Eight members, who shall be appointed

11 from a list of nominees jointly provided by the

12 Speaker of the House of Representatives, the Minor13 ity Leader of the House of Representatives, the Ma14 jority Leader of the Senate, and the Minority Lead15 er of the Senate.

16 (c) CONSIDERATIONS.—The Commission shall con17 sider recommendations regarding the following issues:

18 (1) Adequate protection of privacy concerns in19 herent in the design, implementation, or operation of

20 the interoperable electronic data system.

21 (2) Timely adoption of security innovations,

22 consistent with generally accepted security stand23 ards, to protect the integrity and confidentiality of

24 information to prevent against the risks of acci-
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1 dental or unauthorized loss, access, destruction, use

2 modification, or disclosure of information.

3 (3) The adequacy of mechanisms to permit the

4 timely correction of errors in data maintained by the

5 interoperable data system.

6 (4) Other protections against unauthorized use

7 of data to guard against the misuse of the interoper8 able data system or the data maintained by the sys9 tem, including recommendations for modifications to

10 existing laws and regulations to sanction misuse of

11 the system.

12 (d) AUTHORIZATION OF APPROPRIATIONS.—There

13 are authorized to be appropriated to the Commission such

14 sums as may be necessary to carry out this section.

15 TITLE III—VISA ISSUANCE

16 SEC. 301. ELECTRONIC PROVISION OF VISA FILES.

17 Section 221(a) of the Immigration and Nationality

18 Act (8 U.S.C. 1201(a)) is amended—

19 (1) by redesignating paragraphs (1) and (2) as

20 subparagraphs (A) and (B), respectively;

21 (2) by inserting ‘‘(1)’’ immediately after ‘‘(a)’’;

22 and

23 (3) by adding at the end the following:

24 ‘‘(2) The Secretary of State shall provide to the Serv25 ice an electronic version of the visa file of an alien who
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1 has been issued a visa to ensure that the data in that visa

2 file is available to immigration inspectors at the United

3 States ports of entry before the arrival of the alien at such

4 a port of entry.’’.

5 SEC. 302. IMPLEMENTATION OF AN INTEGRATED ENTRY

6 AND EXIT DATA SYSTEM.

7 (a) DEVELOPMENT OF SYSTEM.—In developing the

8 integrated entry and exit data system for the ports of

9 entry, as required by the Immigration and Naturalization

10 Service Data Management Improvement Act of 2000

11 (Public Law 106–215), the Attorney General and the Sec12 retary of State shall—

13 (1) implement, fund, and use a technology

14 standard under section 403(c) of the USA PA15 TRIOT Act (as amended by sections 201(c)(5) and

16 202(a)(3)(B)) at United States ports of entry and at

17 consular posts abroad;

18 (2) establish a database containing the arrival

19 and departure data from machine-readable visas,

20 passports, and other travel and entry documents

21 possessed by aliens; and

22 (3) make interoperable all security databases

23 relevant to making determinations of admissibility

24 under section 212 of the Immigration and Nation25 ality Act (8 U.S.C. 1182).
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1 (b) IMPLEMENTATION.—In implementing the provi2 sions of subsection (a), the Immigration and Naturaliza3 tion Service and the Department of State shall—

4 (1) utilize technologies that facilitate the lawful

5 and efficient cross-border movement of commerce

6 and persons without compromising the safety and

7 security of the United States; and

8 (2) consider implementing the North American

9 National Security Program described in section 401.

10 SEC. 303. MACHINE-READABLE, TAMPER-RESISTANT ENTRY

11 AND EXIT DOCUMENTS.

12 (a) REPORT.—

13 (1) IN GENERAL.—Not later than 180 days

14 after the date of enactment of this Act, the Attorney

15 General, the Secretary of State, and the National

16 Institute of Standards and Technology (NIST), act17 ing jointly, shall submit to the appropriate commit18 tees of Congress a comprehensive report assessing

19 the actions that will be necessary, and the consider20 ations to be taken into account, to achieve fully, not

21 later than October 26, 2003—

22 (A) implementation of the requirements of

23 subsections (b) and (c); and
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1 (B) deployment of the equipment and soft2 ware to allow biometric comparison of the docu3 ments described in subsections (b) and (c).

4 (2) ESTIMATES.—In addition to the assessment

5 required by paragraph (1), each report shall include

6 an estimate of the costs to be incurred, and the per7 sonnel, man-hours, and other support required, by

8 the Department of Justice, the Department of State,

9 and NIST to achieve the objectives of subparagraphs

10 (A) and (B) of paragraph (1).

11 (b) REQUIREMENTS.—

12 (1) IN GENERAL.—Not later than October 26,

13 2003, the Attorney General and the Secretary of

14 State shall issue to aliens only machine-readable,

15 tamper-resistant visas and travel and entry docu16 ments that use biometric identifiers. The Attorney

17 General and the Secretary of State shall jointly es18 tablish biometric identifiers standards to be em19 ployed on such visas and travel and entry documents

20 from among those biometric identifiers recognized by

21 domestic and international standards organizations.

22 (2) READERS AND SCANNERS AT PORTS OF

23 ENTRY.—

24 (A) IN GENERAL.—Not later than October

25 26, 2003, the Attorney General, in consultation
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1 with the Secretary of State, shall install at all

2 ports of entry of the United States equipment

3 and software to allow biometric comparison of

4 all United States visas and travel and entry

5 documents issued to aliens, and passports

6 issued pursuant to subsection (c)(1).

7 (B) USE OF READERS AND SCANNERS.—

8 The Attorney General, in consultation with the

9 Secretary of State, shall utilize biometric data

10 readers and scanners that—

11 (i) domestic and international stand12 ards organizations determine to be highly

13 accurate when used to verify identity; and

14 (ii) can read the biometric identifiers

15 utilized under subsections (b)(1) and

16 (c)(1).

17 (3) USE OF TECHNOLOGY STANDARD.—The

18 systems employed to implement paragraphs (1) and

19 (2) shall utilize the technology standard established

20 pursuant to section 403(c) of the USA PATRIOT

21 Act, as amended by section 201(c)(5) and

22 202(a)(3)(B).

23 (c) TECHNOLOGY STANDARD FOR VISA WAIVER PAR24 TICIPANTS.—
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1 (1) CERTIFICATION REQUIREMENT.—Not later

2 than October 26, 2003, the government of each

3 country that is designated to participate in the visa

4 waiver program established under section 217 of the

5 Immigration and Nationality Act shall certify, as a

6 condition for designation or continuation of that des7 ignation, that it has a program to issue to its na8 tionals machine-readable passports that are tamper9 resistant and incorporate biometric identifiers that

10 comply with applicable biometric identifiers stand11 ards established by the International Civil Aviation

12 Organization. This paragraph shall not be construed

13 to rescind the requirement of section 217(a)(3) of

14 the Immigration and Nationality Act.

15 (2) USE OF TECHNOLOGY STANDARD.—On and

16 after October 26, 2003, any alien applying for ad17 mission under the visa waiver program shall present

18 a passport that meets the requirements of paragraph

19 (1) unless the alien’s passport was issued prior to

20 that date.

21 (d) AUTHORIZATION OF APPROPRIATIONS.—There

22 are authorized to be appropriated such sums as may be

23 necessary to carry out this section, including reimburse24 ment to international and domestic standards organiza25 tions.
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1 SEC. 304. TERRORIST LOOKOUT COMMITTEES.

2 (a) ESTABLISHMENT.—The Secretary of State shall

3 require a terrorist lookout committee to be maintained

4 within each United States mission.

5 (b) PURPOSE.—The purpose of each committee es6 tablished under subsection (a) shall be—

7 (1) to utilize the cooperative resources of all ele8 ments of the United States mission in the country

9 in which the consular post is located to identify

10 known or potential terrorists and to develop infor11 mation on those individuals;

12 (2) to ensure that such information is routinely

13 and consistently brought to the attention of appro14 priate United States officials for use in admin15 istering the immigration laws of the United States;

16 and

17 (3) to ensure that the names of known and sus18 pected terrorists are entered into the appropriate

19 lookout databases.

20 (c) COMPOSITION; CHAIR.—The Secretary shall es21 tablish rules governing the composition of such commit22 tees.

23 (d) MEETINGS.—The committee shall meet at least

24 monthly to share information pertaining to the commit25 tee’s purpose as described in subsection (b)(2).
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1 (e) PERIODIC REPORTS.—The committee shall sub2 mit quarterly reports to the Secretary of State describing

3 the committee’s activities, whether or not information on

4 known or suspected terrorists was developed during the

5 quarter.

6 (f) AUTHORIZATION OF APPROPRIATIONS.—There

7 are authorized to be appropriated such sums as may be

8 necessary to implement this section.

9 SEC. 305. IMPROVED TRAINING FOR CONSULAR OFFICERS.

10 (a) TRAINING.—The Secretary of State shall require

11 that all consular officers responsible for adjudicating visa

12 applications, before undertaking to perform consular re13 sponsibilities, receive specialized training in the effective

14 screening of visa applicants who pose a potential threat

15 to the safety or security of the United States. Such offi16 cers shall be specially and extensively trained in the identi17 fication of aliens inadmissible under section 212(a)(3) (A)

18 and (B) of the Immigration and Nationality Act, inter19 agency and international intelligence sharing regarding

20 terrorists and terrorism, and cultural-sensitivity toward

21 visa applicants.

22 (b) USE OF FOREIGN INTELLIGENCE INFORMA23 TION.—As an ongoing component of the training required

24 in subsection (a), the Secretary of State shall coordinate

25 with the Assistant to the President for Homeland Secu-
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1 rity, Federal law enforcement agencies, and the intel2 ligence community to compile and disseminate to the Bu3 reau of Consular Affairs reports, bulletins, updates, and

4 other current unclassified information relevant to terror5 ists and terrorism and to screening visa applicants who

6 pose a potential threat to the safety or security of the

7 United States.

8 (c) AUTHORIZATION OF APPROPRIATIONS.—There

9 are authorized to be appropriated such sums as may be

10 necessary to implement this section.

11 SEC. 306. RESTRICTION ON ISSUANCE OF VISAS TO NON12 IMMIGRANTS FROM COUNTRIES THAT ARE

13 STATE SPONSORS OF INTERNATIONAL TER14 RORISM.

15 (a) IN GENERAL.—No nonimmigrant visa under sec16 tion 101(a)(15) of the Immigration and Nationality Act

17 (8 U.S.C. 1101(a)(15)) shall be issued to any alien from

18 a country that is a state sponsor of international terrorism

19 unless the Secretary of State determines, in consultation

20 with the Attorney General and the heads of other appro21 priate United States agencies, that such alien does not

22 pose a threat to the safety or national security of the

23 United States. In making a determination under this sub24 section, the Secretary of State shall apply standards devel25 oped by the Secretary of State, in consultation with the
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1 Attorney General and the heads of other appropriate

2 United States agencies, that are applicable to the nation3 als of such states.

4 (b) STATE SPONSOR OF INTERNATIONAL TERRORISM

5 DEFINED.—

6 (1) IN GENERAL.—In this section, the term

7 ‘‘state sponsor of international terrorism’’ means

8 any country the government of which has been de9 termined by the Secretary of State under any of the

10 laws specified in paragraph (2) to have repeatedly

11 provided support for acts of international terrorism.

12 (2) LAWS UNDER WHICH DETERMINATIONS

13 WERE MADE.—The laws specified in this paragraph

14 are the following:

15 (A) Section 6(j)(1)(A) of the Export Ad16 ministration Act of 1979 (or successor statute).

17 (B) Section 40(d) of the Arms Export

18 Control Act.

19 (C) Section 620A(a) of the Foreign Assist20 ance Act of 1961.

21 SEC. 307. DESIGNATION OF PROGRAM COUNTRIES UNDER

22 THE VISA WAIVER PROGRAM.

23 (a) REPORTING PASSPORT THEFTS.—As a condition

24 of a country’s initial designation or continued designation

25 for participation in the visa waiver program under section
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1 217 of the Immigration and Nationality Act (8 U.S.C.

2 1187), the Attorney General and the Secretary of State

3 shall consider whether the country reports to the United

4 States Government on a timely basis the theft of blank

5 passports issued by that country.

6 (b) CHECK OF LOOKOUT DATABASES.—Prior to the

7 admission of an alien under the visa waiver program es8 tablished under section 217 of the Immigration and Na9 tionality Act (8 U.S.C. 1187), the Immigration and Natu10 ralization Service shall determine that the applicant for

11 admission does not appear in any of the appropriate look12 out databases available to immigration inspectors at the

13 time the alien seeks admission to the United States.

14 SEC. 308. TRACKING SYSTEM FOR STOLEN PASSPORTS.

15 (a) ENTERING STOLEN PASSPORT IDENTIFICATION

16 NUMBERS IN THE INTEROPERABLE DATA SYSTEM.—

17 (1) IN GENERAL.—Beginning with implementa18 tion under section 202 of the law enforcement and

19 intelligence data system, not later than 72 hours

20 after receiving notification of the loss or theft of a

21 United States or foreign passport, the Attorney Gen22 eral and the Secretary of State, as appropriate, shall

23 enter into such system the corresponding identifica24 tion number for the lost or stolen passport.
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1 (2) ENTRY OF INFORMATION ON PREVIOUSLY

2 LOST OR STOLEN PASSPORTS.—To the extent prac3 ticable, the Attorney General, in consultation with

4 the Secretary of State, shall enter into such system

5 the corresponding identification numbers for the

6 United States and foreign passports lost or stolen

7 prior to the implementation of such system.

8 (b) TRANSITION PERIOD.—Until such time as the law

9 enforcement and intelligence data system described in sec10 tion 202 is fully implemented, the Attorney General shall

11 enter the data described in subsection (a) into an existing

12 data system being used to determine the admissibility or

13 deportability of aliens.

14 SEC. 309. IDENTIFICATION DOCUMENTS FOR CERTAIN

15 NEWLY ADMITTED ALIENS.

16 Not later than 180 days after the date of enactment

17 of this Act, the Attorney General shall ensure that, imme18 diately upon the arrival in the United States of an indi19 vidual admitted under section 207 of the Immigration and

20 Nationality Act (8 U.S.C. 1157), or immediately upon an

21 alien being granted asylum under section 208 of such Act

22 (8 U.S.C. 1158), the alien will be issued an employment

23 authorization document. Such document shall, at a min24 imum, contain the fingerprint and photograph of such

25 alien.
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1 TITLE IV—ADMISSION AND

2 INSPECTION OF ALIENS

3 SEC. 401. STUDY OF THE FEASIBILITY OF A NORTH AMER4 ICAN NATIONAL SECURITY PROGRAM.

5 (a) IN GENERAL.—The President shall conduct a

6 study of the feasibility of establishing a North American

7 National Security Program to enhance the mutual security

8 and safety of the United States, Canada, and Mexico.

9 (b) STUDY ELEMENTS.—In conducting the study re10 quired by subsection (a), the officials specified in sub11 section (a) shall consider the following:

12 (1) PRECLEARANCE.—The feasibility of estab13 lishing a program enabling foreign national travelers

14 to the United States to submit voluntarily to a

15 preclearance procedure established by the Depart16 ment of State and the Immigration and Naturaliza17 tion Service to determine whether such travelers are

18 admissible to the United States under section 212 of

19 the Immigration and Nationality Act (8 U.S.C.

20 1182). Consideration shall be given to the feasibility

21 of expanding the preclearance program to include

22 the preclearance both of foreign nationals traveling

23 to Canada and foreign nationals traveling to Mexico.

24 (2) PREINSPECTION.—The feasibility of ex25 panding preinspection facilities at foreign airports as
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1 described in section 235A of the Immigration and

2 Nationality Act (8 U.S.C. 1225). Consideration shall

3 be given to the feasibility of expanding

4 preinspections to foreign nationals on air flights des5 tined for Canada and Mexico, and the cross training

6 and funding of inspectors from Canada and Mexico.

7 (3) CONDITIONS.—A determination of the

8 measures necessary to ensure that the conditions re9 quired by section 235A(a)(5) of the Immigration

10 and Nationality Act (8 U.S.C. 1225a(a)(5)) are sat11 isfied, including consultation with experts recognized

12 for their expertise regarding the conditions required

13 by that section.

14 (c) REPORT.—Not later than 1 year after the date

15 of enactment of this Act, the President shall submit to

16 the appropriate committees of Congress a report setting

17 forth the findings of the study conducted under subsection

18 (a).

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated such sums as may be

21 necessary to carry out this section.

22 SEC. 402. PASSENGER MANIFESTS.

23 (a) IN GENERAL.—Section 231 of the Immigration

24 and Nationality Act (8 U.S.C. 1221(a)) is amended—

25 (1) by striking subsections (a), (b), (d), and (e);
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1 (2) by redesignating subsection (c) as sub2 section (i); and

3 (3) by inserting after ‘‘SEC. 231.’’ the following

4 new subsections: ‘‘(a) ARRIVAL MANIFESTS.—For

5 each commercial vessel or aircraft transporting any

6 person to any seaport or airport of the United

7 States from any place outside the United States, it

8 shall be the duty of an appropriate official specified

9 in subsection (d) to provide to an immigration offi10 cer at that port manifest information about each

11 passenger, crew member, and other occupant trans12 ported on such vessel or aircraft prior to arrival at

13 that port.

14 ‘‘(b) DEPARTURE MANIFESTS.—For each commercial

15 vessel or aircraft taking passengers on board at any sea16 port or airport of the United States, who are destined to

17 any place outside the United States, it shall be the duty

18 of an appropriate official specified in subsection (d) to pro19 vide an immigration officer before departure from such

20 port manifest information about each passenger, crew

21 member, and other occupant to be transported.

22 ‘‘(c) CONTENTS OF MANIFEST.—The information to

23 be provided with respect to each person listed on a mani24 fest required to be provided under subsection (a) or (b)

25 shall include—
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1 ‘‘(1) complete name;

2 ‘‘(2) date of birth;

3 ‘‘(3) citizenship;

4 ‘‘(4) sex;

5 ‘‘(5) passport number and country of issuance;

6 ‘‘(6) country of residence;

7 ‘‘(7) United States visa number, date, and place

8 of issuance, where applicable;

9 ‘‘(8) alien registration number, where applica10 ble;

11 ‘‘(9) United States address while in the United

12 States; and

13 ‘‘(10) such other information the Attorney Gen14 eral, in consultation with the Secretary of State, and

15 the Secretary of Treasury determines as being nec16 essary for the identification of the persons trans17 ported and for the enforcement of the immigration

18 laws and to protect safety and national security.

19 ‘‘(d) APPROPRIATE OFFICIALS SPECIFIED.—An ap20 propriate official specified in this subsection is the master

21 or commanding officer, or authorized agent, owner, or con22 signee, of the commercial vessel or aircraft concerned.

23 ‘‘(e) DEADLINE FOR REQUIREMENT OF ELECTRONIC

24 TRANSMISSION OF MANIFEST INFORMATION.—Not later

25 than January 1, 2003, manifest information required to
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1 be provided under subsection (a) or (b) shall be trans2 mitted electronically by the appropriate official specified

3 in subsection (d) to an immigration officer.

4 ‘‘(f) PROHIBITION.—No operator of any private or

5 public carrier that is under a duty to provide manifest in6 formation under this section shall be granted clearance pa7 pers until the appropriate official specified in subsection

8 (d) has complied with the requirements of this subsection,

9 except that in the case of commercial vessels, aircraft, or

10 land carriers that the Attorney General determines are

11 making regular trips to the United States, the Attorney

12 General may, when expedient, arrange for the provision

13 of manifest information of persons departing the United

14 States at a later date.

15 ‘‘(g) PENALTIES AGAINST NONCOMPLYING SHIP16 MENTS, AIRCRAFT, OR CARRIERS.—If it shall appear to

17 the satisfaction of the Attorney General that an appro18 priate official specified in subsection (d), any public or pri19 vate carrier, or the agent of any transportation line, as

20 the case may be, has refused or failed to provide manifest

21 information required by subsection (a) or (b), or that the

22 manifest information provided is not accurate and full

23 based on information provided to the carrier, such official,

24 carrier, or agent, as the case may be, shall pay to the Com25 missioner the sum of $300 for each person with respect
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1 to whom such accurate and full manifest information is

2 not provided, or with respect to whom the manifest infor3 mation is not prepared as prescribed by this section or

4 by regulations issued pursuant thereto. No commercial

5 vessel, aircraft, or land carrier shall be granted clearance

6 pending determination of the question of the liability to

7 the payment of such penalty, or while it remains unpaid,

8 and no such penalty shall be remitted or refunded, except

9 that clearance may be granted prior to the determination

10 of such question upon the deposit with the Commissioner

11 of a bond or undertaking approved by the Attorney Gen12 eral or a sum sufficient to cover such penalty.

13 ‘‘(h) WAIVER.—The Attorney General may waive the

14 requirements of subsection (a) or (b) upon such cir15 cumstances and conditions as the Attorney General may

16 by regulation prescribe.’’.

17 (b) EXTENSION TO LAND CARRIERS.—Not later than

18 two years after the date of enactment of this Act, the

19 President shall conduct a study regarding the feasibility

20 of extending the requirements of subsections (a) and (b)

21 of section 231 of the Immigration and Nationality Act (8

22 U.S.C. 1221), as amended by subsection (a), to any com23 mercial carrier transporting persons by land to or from

24 the United States. The study shall focus on the manner

25 in which such requirement would be implemented to en-
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1 hance the national security of the United States and the

2 efficient cross-border flow of commerce and persons.

3 (c) EFFECTIVE DATE.—The amendments made by

4 subsection (a) shall apply with respect to persons arriving

5 in, or departing from, the United States on or after the

6 date of enactment of this Act.

7 SEC. 403. TIME PERIOD FOR INSPECTIONS.

8 (a) REPEAL OF TIME LIMITATION ON INSPEC9 TIONS.—Section 286(g) of the Immigration and Nation10 ality Act (8 U.S.C. 1356(g)) is amended by striking ‘‘,

11 within forty-five minutes of their presentation for inspec12 tion,’’.

13 (b) STAFFING LEVELS AT PORTS OF ENTRY.—The

14 Immigration and Naturalization Service shall staff ports

15 of entry at such levels that would be adequate to meet

16 traffic flow and inspection time objectives efficiently with17 out compromising the safety and security of the United

18 States. Estimated staffing levels under workforce models

19 for the Immigration and Naturalization Service shall be

20 based on the goal of providing immigration services de21 scribed in section 286(g) of such Act within 45 minutes

22 of a passenger’s presentation for inspection.
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1 TITLE V—FOREIGN STUDENTS

2 AND EXCHANGE VISITORS

3 SEC. 501. FOREIGN STUDENT MONITORING PROGRAM.

4 (a) STRENGTHENING REQUIREMENTS FOR IMPLE5 MENTATION OF MONITORING PROGRAM.—

6 (1) MONITORING AND VERIFICATION OF INFOR7 MATION.—Section 641(a) of the Illegal Immigration

8 Reform and Immigrant Responsibility Act of 1996

9 (8 U.S.C. 1372(a)) is amended by adding at the end

10 the following:

11 ‘‘(3) ALIENS FOR WHOM A VISA IS RE12 QUIRED.—The Attorney General, in consultation

13 with the Secretary of State, shall establish an elec14 tronic means to monitor and verify—

15 ‘‘(A) the issuance of documentation of ac16 ceptance of a foreign student by an approved

17 institution of higher education or other ap18 proved educational institution, or of an ex19 change visitor program participant by a des20 ignated exchange visitor program;

21 ‘‘(B) the transmittal of the documentation

22 referred to in subparagraph (A) to the Depart23 ment of State for use by the Bureau of Con24 sular Affairs;
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1 ‘‘(C) the issuance of a visa to a foreign

2 student or an exchange visitor program partici3 pant;

4 ‘‘(D) the admission into the United States

5 of the foreign student or exchange visitor pro6 gram participant;

7 ‘‘(E) the notification to an approved insti8 tution of higher education, other approved edu9 cational institution, or exchange visitor program

10 sponsor that the foreign student or exchange

11 visitor participant has been admitted into the

12 United States;

13 ‘‘(F) the registration and enrollment of

14 that foreign student in such approved institu15 tion of higher education or other approved edu16 cational institution, or the participation of that

17 exchange visitor in such designated exchange

18 visitor program, as the case may be; and

19 ‘‘(G) any other relevant act by the foreign

20 student or exchange visitor program partici21 pant, including a changing of school or des22 ignated exchange visitor program and any ter23 mination of studies or participation in a des24 ignated exchange visitor program.
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1 ‘‘(4) REPORTING REQUIREMENTS.—Not later

2 than 30 days after the deadline for registering for

3 classes for an academic term of an approved institu4 tion of higher education or other approved edu5 cational institution for which documentation is

6 issued for an alien as described in paragraph (3)(A),

7 or the scheduled commencement of participation by

8 an alien in a designated exchange visitor program,

9 as the case may be, the institution or program, re10 spectively, shall report to the Immigration and Nat11 uralization Service any failure of the alien to enroll

12 or to commence participation.’’.

13 (2) ADDITIONAL REQUIREMENTS FOR DATA TO

14 BE COLLECTED.—Section 641(c)(1) of the Illegal

15 Immigration Reform and Immigrant Responsibility

16 Act of 1996 (8 U.S.C. 1372(c)(1)) is amended—

17 (A) by striking ‘‘and’’ at the end of sub18 paragraph (C);

19 (B) by striking the period at the end of

20 subparagraph (D) and inserting ‘‘; and’’; and

21 (C) by adding at the end the following:

22 ‘‘(E) the date of entry and port of entry;

23 ‘‘(F) the date of the alien’s enrollment in

24 an approved institution of higher education,

25 other approved educational institution, or des-
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1 ignated exchange visitor program in the United

2 States;

3 ‘‘(G) the degree program, if applicable, and

4 field of study; and

5 ‘‘(H) the date of the alien’s termination of

6 enrollment and the reason for such termination

7 (including graduation, disciplinary action or

8 other dismissal, and failure to re-enroll).’’.

9 (3) REPORTING REQUIREMENTS.—Section

10 641(c) of the Illegal Immigration Reform and Immi11 grant Responsibility Act of 1996 (8 U.S.C. 1372(c))

12 is amended by adding at the end the following new

13 paragraph:

14 ‘‘(5) REPORTING REQUIREMENTS.—The Attor15 ney General shall prescribe by regulation reporting

16 requirements by taking into account the curriculum

17 calendar of the approved institution of higher edu18 cation, other approved educational institution, or ex19 change visitor program.’’.

20 (b) INFORMATION REQUIRED OF THE VISA APPLI21 CANT.—Prior to the issuance of a visa under subpara22 graph (F), subparagraph (M), or, with respect to an alien

23 seeking to attend an approved institution of higher edu24 cation, subparagraph (J) of section 101(a)(15) of the Im25 migration and Nationality Act (8 U.S.C. 1101(a)(15)),
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1 each alien applying for such visa shall provide to a con2 sular officer the following information:

3 (1) The alien’s address in the country of origin.

4 (2) The names and addresses of the alien’s

5 spouse, children, parents, and siblings.

6 (3) The names of contacts of the alien in the

7 alien’s country of residence who could verify infor8 mation about the alien.

9 (4) Previous work history, if any, including the

10 names and addresses of employers.

11 (c) TRANSITIONAL PROGRAM.—

12 (1) IN GENERAL.—Not later than 120 days

13 after the date of enactment of this Act and until

14 such time as the system described in section 641 of

15 the Illegal Immigration Reform and Immigrant Re16 sponsibility Act (as amended by subsection (a)) is

17 fully implemented, the following requirements shall

18 apply:

19 (A) RESTRICTIONS ON ISSUANCE OF

20 VISAS.—A visa may not be issued to an alien

21 under subparagraph (F), subparagraph (M), or,

22 with respect to an alien seeking to attend an

23 approved institution of higher education, sub24 paragraph (J) of section 101(a)(15) of the Im-
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1 migration and Nationality Act (8 U.S.C.

2 1101(a)(15)), unless—

3 (i) the Department of State has re4 ceived from an approved institution of

5 higher education or other approved edu6 cational institution electronic evidence of

7 documentation of the alien’s acceptance at

8 that institution; and

9 (ii) the consular officer has adequately

10 reviewed the applicant’s visa record.

11 (B) NOTIFICATION UPON VISA

12 ISSUANCE.—Upon the issuance of a visa under

13 section 101(a)(15) (F) or (M) of the Immigra14 tion and Nationality Act (8 U.S.C.

15 1101(a)(15)(F) or (M)) to an alien, the Sec16 retary of State shall transmit to the Immigra17 tion and Naturalization Service a notification of

18 the issuance of that visa.

19 (C) NOTIFICATION UPON ADMISSION OF

20 ALIEN.—The Immigration and Naturalization

21 Service shall notify the approved institution of

22 higher education or other approved educational

23 institution that an alien accepted for such insti24 tution or program has been admitted to the

25 United States.
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1 (D) NOTIFICATION OF FAILURE OF EN2 ROLLMENT.—Not later than 30 days after the

3 deadline for registering for classes for an aca4 demic term, the approved institution of higher

5 education or other approved educational institu6 tion shall inform the Immigration and Natu7 ralization Service through data-sharing ar8 rangements of any failure of any alien described

9 in subparagraph (C) to enroll or to commence

10 participation.

11 (2) REQUIREMENT TO SUBMIT LIST OF AP12 PROVED INSTITUTIONS.—Not later than 30 days

13 after the date of enactment of this Act, the Attorney

14 General shall provide the Secretary of State with a

15 list of all approved institutions of higher education

16 or other approved educational institutions that are

17 authorized to receive nonimmigrants under section

18 101(a)(15) (F) or (M) of the Immigration and Na19 tionality Act (8 U.S.C. 1101(a)(15)(F) or (M)).

20 (3) AUTHORIZATION OF APPROPRIATIONS.—

21 There are authorized to be appropriated such sums

22 as may be necessary to carry out this subsection.
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1 SEC. 502. REVIEW OF INSTITUTIONS AND OTHER ENTITIES

2 AUTHORIZED TO ENROLL OR SPONSOR CER3 TAIN NONIMMIGRANTS.

4 (a) PERIODIC REVIEW OF COMPLIANCE.—The Com5 missioner of Immigration and Naturalization, in consulta6 tion with the Secretary of Education, shall conduct peri7 odic reviews of the institutions certified to receive non8 immigrants under section 101(a)(15) (F), (M), or (J) of

9 the Immigration and Nationality Act (8 U.S.C.

10 1101(a)(15)(F), (M), or (J)). Each review shall determine

11 whether the institutions are in compliance with—

12 (1) recordkeeping and reporting requirements

13 to receive nonimmigrants under section 101(a)(15)

14 (F), (M), or (J) of that Act (8 U.S.C.

15 1101(a)(15)(F), (M), or (J)); and

16 (2) recordkeeping and reporting requirements

17 under section 641 of the Illegal Immigration Reform

18 and Immigrant Responsibility Act of 1996 (8 U.S.C.

19 1372).

20 (b) PERIODIC REVIEW OF SPONSORS OF EXCHANGE

21 VISITORS.—

22 (1) REQUIREMENT FOR REVIEWS.—The Sec23 retary of State shall conduct periodic reviews of the

24 entities designated to sponsor exchange visitor pro25 gram participants under section 101(a)(15)(J) of
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1 the Immigration and Nationality Act (8 U.S.C.

2 1101(a)(15)(J)).

3 (2) DETERMINATIONS.—On the basis of reviews

4 of entities under paragraph (1), the Secretary shall

5 determine whether the entities are in compliance

6 with—

7 (A) recordkeeping and reporting require8 ments to receive nonimmigrant exchange visitor

9 program participants under section

10 101(a)(15)(J) of the Immigration and Nation11 ality Act (8 U.S.C. 1101(a)(15)(J)); and

12 (B) recordkeeping and reporting require13 ments under section 641 of the Illegal Immigra14 tion Reform and Immigrant Responsibility Act

15 of 1996 (8 U.S.C. 1372).

16 (c) EFFECT OF FAILURE TO COMPLY.—Failure of an

17 institution or other entity to comply with the record18 keeping and reporting requirements to receive non19 immigrant students or exchange visitor program partici20 pants under section 101(a)(15) (F), (M), or (J) of the

21 Immigration and Nationality Act (8 U.S.C. 1101(a)(15)

22 (F), (M), or (J)), or section 641 of the Illegal Immigration

23 Reform and Immigrant Responsibility Act of 1996 (8

24 U.S.C. 1372), may, at the election of the Commissioner

25 of Immigration and Naturalization or the Secretary of
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1 State, result in the termination, suspension, or limitation

2 of the institution’s approval to receive such students or

3 the termination of the other entity’s designation to spon4 sor exchange visitor program participants, as the case may

5 be.

6 TITLE VI—MISCELLANEOUS

7 PROVISIONS

8 SEC. 601. EXTENSION OF DEADLINE FOR IMPROVEMENT IN

9 BORDER CROSSING IDENTIFICATION CARDS.

10 Section 104(b)(2) of the Illegal Immigration Reform

11 and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101

12 note) is amended by striking ‘‘5 years’’ and inserting ‘‘6

13 years’’.

14 SEC. 602. GENERAL ACCOUNTING OFFICE STUDY.

15 (a) REQUIREMENT FOR STUDY.—

16 (1) IN GENERAL.—The Comptroller General of

17 the United States shall conduct a study to determine

18 the feasibility and utility of implementing a require19 ment that each nonimmigrant alien in the United

20 States submit to the Commissioner of Immigration

21 and Naturalization each year a current address and,

22 where applicable, the name and address of an em23 ployer.

24 (2) NONIMMIGRANT ALIEN DEFINED.—In para25 graph (1), the term ‘‘nonimmigrant alien’’ means an
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1 alien described in section 101(a)(15) of the Immi2 gration and Nationality Act (8 U.S.C. 1101(a)(15)).

3 (b) REPORT.—Not later than 1 year after the date

4 of enactment of this Act, the Comptroller General shall

5 submit to Congress a report on the results of the study

6 under subsection (a). The report shall include the Comp7 troller General’s findings, together with any recommenda8 tions that the Comptroller General considers appropriate.

9 SEC. 603. INTERNATIONAL COOPERATION.

10 (a) INTERNATIONAL ELECTRONIC DATA SYSTEM.—

11 The Secretary of State and the Commissioner of Immigra12 tion and Naturalization, in consultation with the Assistant

13 to the President for Homeland Security, shall jointly con14 duct a study of the alternative approaches (including the

15 costs of, and procedures necessary for, each alternative ap16 proach) for encouraging or requiring Canada, Mexico, and

17 countries treated as visa waiver program countries under

18 section 217 of the Immigration and Nationality Act to de19 velop an intergovernmental network of interoperable elec20 tronic data systems that—

21 (1) facilitates real-time access to that country’s

22 law enforcement and intelligence information that is

23 needed by the Department of State and the Immi24 gration and Naturalization Service to screen visa ap25 plicants and applicants for admission into the
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1 United States to identify aliens who are inadmissible

2 or deportable under the Immigration and Nationality

3 Act (8 U.S.C. 1101 et seq.);

4 (2) is interoperable with the electronic data sys5 tem implemented under section 202; and

6 (3) performs in accordance with implementation

7 of the technology standard referred to in section

8 202(a).

9 (b) REPORT.—Not later than 1 year after the date

10 of enactment of this Act, the Secretary of State and the

11 Attorney General shall submit to the appropriate commit12 tees of Congress a report setting forth the findings of the

13 study conducted under subsection (a).

14 SEC. 604. STATUTORY CONSTRUCTION.

15 Nothing in this Act shall be construed to impose re16 quirements that are inconsistent with the North American

17 Free Trade Agreement or to require additional documents

18 for aliens for whom documentary requirements are waived

19 under section 212(d)(4)(B) of the Immigration and Na20 tionality Act (8 U.S.C. 1182(d)(4)(B)).

21 SEC. 605. ANNUAL REPORT ON ALIENS WHO FAIL TO AP22 PEAR AFTER RELEASE ON OWN RECOG23 NIZANCE.

24 (a) REQUIREMENT FOR REPORT.—Not later than

25 January 15 of each year, the Attorney General shall sub-
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1 mit to the appropriate committees of Congress a report

2 on the total number of aliens who, during the preceding

3 year, failed to attend a removal proceeding after having

4 been arrested outside a port of entry, served a notice to

5 appear under section 239(a)(1) of the Immigration and

6 Nationality Act (8 U.S.C. 1229(a)(1)), and released on

7 the alien’s own recognizance. The report shall also take

8 into account the number of cases in which there were de9 fects in notices of hearing or the service of notices of hear10 ing, together with a description and analysis of the effects,

11 if any, that the defects had on the attendance of aliens

12 at the proceedings.

13 (b) INITIAL REPORT.—Notwithstanding the time for

14 submission of the annual report provided in subsection (a),

15 the report for 2001 shall be submitted not later than 6

16 months after the date of enactment of this Act.

17 SEC. 606. RETENTION OF NONIMMIGRANT VISA APPLICA18 TIONS BY THE DEPARTMENT OF STATE.

19 The Department of State shall retain, for a period

20 of seven years from the date of application, every applica21 tion for a nonimmigrant visa under section 101(a)(15) of

22 the Immigration and Nationality Act (8 U.S.C.

23 1101(a)(15)) in a form that will be admissible in the

24 courts of the United States or in administrative pro25 ceeding, including removal proceedings under such Act,
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1 without regard to whether the application was approved

2 or denied.

3 SEC. 607. EXTENSION OF DEADLINE FOR CLASSIFICATION

4 PETITION AND LABOR CERTIFICATION FIL5 INGS.

6 (a) IN GENERAL.—Section 245(i)(1) of the Immigra7 tion and Nationality Act (8 U.S.C. 1255(i)(1)) is

8 amended—

9 (1) in subparagraph (B)—

10 (A) in clause (i), by striking ‘‘on or before

11 April 30, 2001; or’’ and inserting ‘‘on or before

12 the earlier of November 30, 2002, and the date

13 that is 120 days after the date on which the At14 torney General first promulgates final or in15 terim final regulations to carry out the amend16 ments made by section 607(a) of the Enhanced

17 Border Security and Visa Entry Reform Act of

18 2002; or’’; and

19 (B) in clause (ii) by striking ‘‘on or before

20 such date; and’’ and inserting ‘‘before August

21 15, 2001;’’;

22 (2) in subparagraph (C), by adding ‘‘and’’ at

23 the end; and

24 (3) by inserting after subparagraph (C) the fol25 lowing:
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1 ‘‘(D) who, in the case of a beneficiary of a peti2 tion for classification described in subparagraph

3 (B)(i) that was filed after April 30, 2001, dem4 onstrates that—

5 ‘‘(i) the familial relationship that is the

6 basis of such petition for classification existed

7 before August 15, 2001; or

8 ‘‘(ii) the application for labor certification

9 under section 212(a)(5)(A) that is the basis of

10 such petition for classification was filed before

11 August 15, 2001;’’.

12 (b) EFFECTIVE DATE.—The amendments made by

13 subsection (a) shall take effect as if included in the enact14 ment of the Legal Immigration Family Equity Act (114

15 Stat. 2762A–142 et seq.), as enacted into law by section

16 1(a)(2) of Public Law 106–553.

Æ