PUBLIC LAW 107–173—MAY 14, 2002 116 STAT. 543

Public Law 107–173

107th Congress

An Act

To enhance the border security of the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

Border Security and Visa Entry Reform Act of 2002’’.

(b) TABLE OF CONTENTS.—The table of contents for 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 namematching capacity and training.

Sec. 203. Commission on interoperable data sharing.

Sec. 204. Personnel management authorities for positions involved in the development and implementation of the interoperable electronic data system

(‘‘Chimera system’’).

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—INSPECTION AND ADMISSION OF ALIENS

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

Sec. 402. Passenger manifests.

Sec. 403. Time period for inspections.

Sec. 404. Joint United States-Canada projects for alternative inspections services.

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.

8 USC 1701 note.

Enhanced Border

Security and Visa

Entry Reform Act

of 2002.

Aliens.

May 14, 2002

[H.R. 3525]

116 STAT. 544 PUBLIC LAW 107–173—MAY 14, 2002

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. 2. DEFINITIONS.

In this Act:

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

term in section 101(a)(3) of the Immigration and Nationality

Act (8 U.S.C. 1101(a)(3)).

(2) APPROPRIATE COMMITTEES OF CONGRESS.—The term

‘‘appropriate committees of Congress’’ means the following:

(A) The Committee on the Judiciary, the Select Committee on Intelligence, and the Committee on Foreign Relations of the Senate.

(B) The Committee on the Judiciary, the Permanent

Select Committee on Intelligence, and the Committee on

International Relations of the House of Representatives.

(3) CHIMERA SYSTEM.—The term ‘‘Chimera system’’ means

the interoperable electronic data system required to be developed and implemented by section 202(a)(2).

(4) FEDERAL LAW ENFORCEMENT AGENCIES.—The term ‘‘Federal law enforcement agencies’’ means the following:

(A) The United States Secret Service.

(B) The Drug Enforcement Administration.

(C) The Federal Bureau of Investigation.

(D) The Immigration and Naturalization Service.

(E) The United States Marshall Service.

(F) The Naval Criminal Investigative Service.

(G) The Coastal Security Service.

(H) The Diplomatic Security Service.

(I) The United States Postal Inspection Service.

(J) The Bureau of Alcohol, Tobacco, and Firearms.

(K) The United States Customs Service.

(L) The National Park Service.

(5) INTELLIGENCE COMMUNITY.—The term ‘‘intelligence

community’’ has the meaning given that term in section 3(4)

of the National Security Act of 1947 (50 U.S.C. 401a(4)).

(6) PRESIDENT.—The term ‘‘President’’ means the President

of the United States, acting through the Assistant to the President for Homeland Security, in coordination with the Secretary

of State, the Commissioner of Immigration and Naturalization,

the Attorney General, the Director of Central Intelligence, the

Director of the Federal Bureau of Investigation, the Secretary

of Transportation, the Commissioner of Customs, and the Secretary of the Treasury.

(7) USA PATRIOT ACT.—The term ‘‘USA PATRIOT Act’’

means the Uniting and Strengthening America by Providing

Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107–

56).

8 USC 1701.

PUBLIC LAW 107–173—MAY 14, 2002 116 STAT. 545

TITLE I—FUNDING

SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR HIRING AND

TRAINING GOVERNMENT PERSONNEL.

(a) ADDITIONAL PERSONNEL.—

(1) INS INSPECTORS.—Subject to the availability of appropriations, during each of the fiscal years 2003 through 2006,

the Attorney General shall increase the number of inspectors

and associated support staff in the Immigration and Naturalization Service by the equivalent of at least 200 full-time

employees over the number of inspectors and associated support

staff in the Immigration and Naturalization Service authorized

by the USA PATRIOT Act.

(2) INS INVESTIGATIVE PERSONNEL.—Subject to the availability of appropriations, during each of the fiscal years 2003

through 2006, the Attorney General shall increase the number

of investigative and associated support staff of the Immigration

and Naturalization Service by the equivalent of at least 200

full-time employees over the number of investigators and associated support staff in the Immigration and Naturalization

Service authorized by the USA PATRIOT Act.

(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary to

carry out this subsection, including such sums as may be necessary to provide facilities, attorney personnel and support

staff, and other resources needed to support the increased

number of inspectors, investigative staff, and associated support

staff.

(b) AUTHORIZATION OF APPROPRIATIONS FOR INS STAFFING.—

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

for the Department of Justice such sums as may be necessary

to provide an increase in the annual rate of basic pay effective

October 1, 2002—

(A) for all journeyman Border Patrol agents and inspectors who have completed at least one year’s service and

are receiving an annual rate of basic pay for positions

at GS–9 of the General Schedule under section 5332 of

title 5, United States Code, from the annual rate of basic

pay payable for positions at GS–9 of the General Schedule

under such section 5332, to an annual rate of basic pay

payable for positions at GS–11 of the General Schedule

under such section 5332;

(B) for inspections assistants, from the annual rate

of basic pay payable for positions at GS–5 of the General

Schedule under section 5332 of title 5, United States Code,

to an annual rate of basic pay payable for positions at

GS–7 of the General Schedule under such section 5332;

and

(C) for the support staff associated with the personnel

described in subparagraphs (A) and (B), at the appropriate

GS level of the General Schedule under such section 5332.

(c) AUTHORIZATION OF APPROPRIATIONS FOR TRAINING.—There

are authorized to be appropriated such sums as may be necessary—

(1) to appropriately train Immigration and Naturalization

Service personnel on an ongoing basis—

8 USC 1711.

116 STAT. 546 PUBLIC LAW 107–173—MAY 14, 2002

(A) to ensure that their proficiency levels are acceptable

to protect the borders of the United States; and

(B) otherwise to enforce and administer the laws within

their jurisdiction;

(2) to provide adequate continuing cross-training to agencies staffing the United States border and ports of entry to

effectively and correctly apply applicable United States laws;

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

lookout databases and to monitor passenger traffic patterns;

and

(4) to expand the Carrier Consultant Program described

in section 235(b) of the Immigration and Nationality Act (8

U.S.C. 1225A(b)).

(d) AUTHORIZATION OF APPROPRIATIONS FOR CONSULAR FUNC- TIONS.—(1) RESPONSIBILITIES.—The Secretary of State shall— (A) implement enhanced security measures for the

review of visa applicants;

(B) staff the facilities and programs associated with

the activities described in subparagraph (A); and

(C) provide ongoing training for consular officers and

diplomatic security agents.

(2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated for the Department of State such sums

as may be necessary to carry out paragraph (1).

SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR IMPROVEMENTS

IN TECHNOLOGY AND INFRASTRUCTURE.

(a) FUNDING OF TECHNOLOGY.—

(1) AUTHORIZATION OF APPROPRIATIONS.—In addition to

funds otherwise available for such purpose, there are authorized

to be appropriated $150,000,000 to the Immigration and Naturalization Service for purposes of—

(A) making improvements in technology (including

infrastructure support, computer security, and information

technology development) for improving border security;

(B) expanding, utilizing, and improving technology to

improve border security; and

(C) facilitating the flow of commerce and persons at

ports of entry, including improving and expanding programs for preenrollment and preclearance.

(2) WAIVER OF FEES.—Federal agencies involved in border

security may waive all or part of enrollment fees for technologybased programs to encourage participation by United States

citizens and aliens in such programs. Any agency that waives

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

at a level that will ensure the recovery from other users of

the amounts waived.

(3) OFFSET OF INCREASES IN FEES.—The Attorney General

may, to the extent reasonable, increase land border fees for

the issuance of arrival-departure documents to offset technology

costs.

(b) IMPROVEMENT AND EXPANSION OF INS, STATE DEPARTMENT,

AND CUSTOMS FACILITIES.—There are authorized to be appropriated

to the Immigration and Naturalization Service and the Department

of State such sums as may be necessary to improve and expand

facilities for use by the personnel of those agencies.

8 USC 1712.

PUBLIC LAW 107–173—MAY 14, 2002 116 STAT. 547

SEC. 103. MACHINE–READABLE VISA FEES.

(a) RELATION TO SUBSEQUENT AUTHORIZATION ACTS.—Section

140(a) of the Foreign Relations Authorization Act, Fiscal Years

1994 and 1995 (Public Law 103–236) is amended by striking paragraph (3).

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

the Department of State shall be the higher of $65 or the cost

of the machine-readable visa service, as determined by the Secretary

of State after conducting a study of the cost of such service.

(c) SURCHARGE.—The Department of State is authorized to

charge a surcharge of $10, in addition to the machine-readable

visa fee, for issuing a machine-readable visa in a nonmachinereadable passport.

(d) AVAILABILITY OF COLLECTED FEES.—Notwithstanding any

other provision of law, amounts collected as fees described in this

section shall be credited as an offsetting collection to any appropriation for the Department of State to recover costs of providing

consular services. Amounts so credited shall be available, until

expended, for the same purposes as the appropriation to which

credited.

TITLE II—INTERAGENCY INFORMATION

SHARING

SEC. 201. INTERIM MEASURES FOR ACCESS TO AND COORDINATION

OF LAW ENFORCEMENT AND OTHER INFORMATION.

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

(c) is implemented, Federal law enforcement agencies and the intelligence community shall, to the maximum extent practicable, share

any information with the Department of State and the Immigration

and Naturalization Service relevant to the admissibility and deportability of aliens, consistent with the plan described in subsection

(c).

(b) REPORT IDENTIFYING LAW ENFORCEMENT AND INTELLIGENCE

INFORMATION.—

(1) IN GENERAL.—Not later than 120 days after the date

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

appropriate committees of Congress a report identifying Federal

law enforcement and the intelligence community information

needed by the Department of State to screen visa applicants,

or by the Immigration and Naturalization Service to screen

applicants for admission to the United States, and to identify

those aliens inadmissible or deportable under the Immigration

and Nationality Act.

(2) REPEAL.—Section 414(d) of the USA PATRIOT Act is

hereby repealed.

(c) COORDINATION PLAN.—

(1) REQUIREMENT FOR PLAN.—Not later than one year after

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

shall develop and implement a plan based on the findings

of the report under subsection (b) that requires Federal law

enforcement agencies and the intelligence community to provide

to the Department of State and the Immigration and Naturalization Service all information identified in that report as

expeditiously as practicable.

Deadline.

President.

8 USC 1365a

note.

Deadline.

President.

8 USC 1721.

8 USC 1351 note.

8 USC 1713.

116 STAT. 548 PUBLIC LAW 107–173—MAY 14, 2002

(2) CONSULTATION REQUIREMENT.—In the preparation and

implementation of the plan under this subsection, the President

shall consult with the appropriate committees of Congress.

(3) PROTECTIONS REGARDING INFORMATION AND USES

THEREOF.—The plan under this subsection shall establish conditions for using the information described in subsection (b)

received by the Department of State and Immigration and

Naturalization Service— (A) to limit the redissemination of such information;

(B) to ensure that such information is used solely to

determine whether to issue a visa to an alien or to determine the admissibility or deportability of an alien to the

United States, except as otherwise authorized under Federal law;

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

of such information;

(D) to protect any privacy rights of individuals who

are subjects of such information;

(E) to provide data integrity through the timely

removal and destruction of obsolete or erroneous names

and information; and

(F) in a manner that protects the sources and methods

used to acquire intelligence information as required by

section 103(c)(6) of the National Security Act of 1947 (50

U.S.C. 403–3(c)(6)).

(4) CRIMINAL PENALTIES FOR MISUSE OF INFORMATION.—

Any person who obtains information under this subsection without authorization or exceeding authorized access (as defined

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

uses such information in the manner described in any of the

paragraphs (1) through (7) of section 1030(a) of such title,

or attempts to use such information in such manner, shall

be subject to the same penalties as are applicable under section

1030(c) of such title for violation of that paragraph.

(5) ADVANCING DEADLINES FOR A TECHNOLOGY STANDARD

AND REPORT.—Section 403(c) of the USA PATRIOT Act is

amended—

(A) in paragraph (1), by striking ‘‘2 years’’ and inserting

‘‘15 months’’; and

(B) in paragraph (4), by striking ‘‘18 months’’ and

inserting ‘‘one year’’.

SEC. 202. INTEROPERABLE LAW ENFORCEMENT AND INTELLIGENCE

DATA SYSTEM WITH NAME-MATCHING CAPACITY AND

TRAINING.

(a) INTEROPERABLE LAW ENFORCEMENT AND INTELLIGENCE

ELECTRONIC DATA SYSTEM.—

(1) REQUIREMENT FOR INTEGRATED IMMIGRATION AND NATURALIZATION DATA SYSTEM.—The Immigration and Naturalization Service shall fully integrate all databases and data systems

maintained by the Service that process or contain information

on aliens. The fully integrated data system shall be an interoperable component of the electronic data system described

in paragraph (2).

(2) REQUIREMENT FOR INTEROPERABLE DATA SYSTEM.—Upon

the date of commencement of implementation of the plan

required by section 201(c), the President shall develop and

President.

8 USC 1722.

8 USC 1379.

President.

PUBLIC LAW 107–173—MAY 14, 2002 116 STAT. 549

implement an interoperable electronic data system to provide

current and immediate access to information in databases of

Federal law enforcement agencies and the intelligence community that is relevant to determine whether to issue a visa

or to determine the admissibility or deportability of an alien

(also known as the ‘‘Chimera system’’).

(3) CONSULTATION REQUIREMENT.—In the development and

implementation of the data system under this subsection, the

President shall consult with the Director of the National

Institute of Standards and Technology (NIST) and any such

other agency as may be deemed appropriate.

(4) TECHNOLOGY STANDARD.— (A) IN GENERAL.—The data system developed and

implemented under this subsection, and the databases

referred to in paragraph (2), shall utilize the technology

standard established pursuant to section 403(c) of the USA

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

subparagraph (B).

(B) CONFORMING AMENDMENT.—Section 403(c) of the

USA PATRIOT Act, as amended by section 201(c)(5), is

further amended—

(i) in paragraph (1), by inserting ‘‘, including appropriate biometric identifier standards,’’ after ‘‘technology

standard’’; and

(ii) in paragraph (2) —

(I) by striking ‘‘INTEGRATED’’ and inserting

‘‘INTEROPERABLE’’; and

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

‘‘interoperable’’.

(5) ACCESS TO INFORMATION IN DATA SYSTEM.—Subject to

paragraph (6), information in the data system under this subsection shall be readily and easily accessible—

(A) to any consular officer responsible for the issuance

of visas;

(B) to any Federal official responsible for determining

an alien’s admissibility to or deportability from the United

States; and

(C) to any Federal law enforcement or intelligence

officer determined by regulation to be responsible for the

investigation or identification of aliens.

(6) LIMITATION ON ACCESS.—The President shall, in accordance with applicable Federal laws, establish procedures to

restrict access to intelligence information in the data system

under this subsection, and the databases referred to in paragraph (2), under circumstances in which such information is

not to be disclosed directly to Government officials under paragraph (5).

(b) NAME-SEARCH CAPACITY AND SUPPORT.—

(1) IN GENERAL.—The interoperable electronic data system

required by subsection (a) shall—

(A) have the capacity to compensate for disparate name

formats among the different databases referred to in subsection (a);

(B) be searchable on a linguistically sensitive basis;

(C) provide adequate user support;

(D) to the extent practicable, utilize commercially available technology; and

President.

Procedures.

8 USC 1379.

President.

116 STAT. 550 PUBLIC LAW 107–173—MAY 14, 2002

(E) be adjusted and improved, based upon experience

with the databases and improvements in the underlying

technologies and sciences, on a continuing basis.

(2) LINGUISTICALLY SENSITIVE SEARCHES.— (A) IN GENERAL.—To satisfy the requirement of paragraph (1)(B), the interoperable electronic database shall

be searchable based on linguistically sensitive algorithms

that— (i) account for variations in name formats and

transliterations, including varied spellings and varied

separation or combination of name elements, within

a particular language; and

(ii) incorporate advanced linguistic, mathematical,

statistical, and anthropological research and methods.

(B) LANGUAGES REQUIRED.— (i) PRIORITY LANGUAGES.—Linguistically sensitive

algorithms shall be developed and implemented for

no fewer than 4 languages designated as high priorities

by the Secretary of State, after consultation with the

Attorney General and the Director of Central Intelligence.

(ii) IMPLEMENTATION SCHEDULE.—Of the 4 linguistically sensitive algorithms required to be developed

and implemented under clause (i)—

(I) the highest priority language algorithms

shall be implemented within 18 months after the

date of enactment of this Act; and

(II) an additional language algorithm shall be

implemented each succeeding year for the next

three years.

(3) ADEQUATE USER SUPPORT.—The Secretary of State and

the Attorney General shall jointly prescribe procedures to

ensure that consular and immigration officers can, as required,

obtain assistance in resolving identity and other questions that

may arise about the names of aliens seeking visas or admission

to the United States that may be subject to variations in

format, transliteration, or other similar phenomenon.

(4) INTERIM REPORTS.—Six months after the date of enactment of this Act, the President shall submit a report to the

appropriate committees of Congress on the progress in implementing each requirement of this section.

(5) REPORTS BY INTELLIGENCE AGENCIES.—

(A) CURRENT STANDARDS.—Not later than 60 days after

the date of enactment of this Act, the Director of Central

Intelligence shall complete the survey and issue the report

previously required by section 309(a) of the Intelligence

Authorization Act for Fiscal Year 1998 (50 U.S.C. 403–

3 note).

(B) GUIDELINES.—Not later than 120 days after the

date of enactment of this Act, the Director of Central

Intelligence shall issue the guidelines and submit the copy

of those guidelines previously required by section 309(b)

of the Intelligence Authorization Act for Fiscal Year 1998

(50 U.S.C. 403–3 note).

(6) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as are necessary to carry

out the provisions of this subsection.

Deadlines.

Deadline.

President.

Procedures.

PUBLIC LAW 107–173—MAY 14, 2002 116 STAT. 551

SEC. 203. COMMISSION ON INTEROPERABLE DATA SHARING.

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

of enactment of the USA PATRIOT Act, the President shall establish a Commission on Interoperable Data Sharing (in this section

referred to as the ‘‘Commission’’). The purposes of the Commission

shall be to—

(1) monitor the protections described in section 201(c)(3);

(2) provide oversight of the interoperable electronic data

system described in section 202; and

(3) report to Congress annually on the Commission’s

findings and recommendations.

(b) COMPOSITION.—The Commission shall consist of nine members, who shall be appointed by the President, as follows:

(1) One member, who shall serve as Chair of the Commission.

(2) Eight members, who shall be appointed from a list

of nominees jointly provided by the Speaker of the House of

Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, and the

Minority Leader of the Senate.

(c) CONSIDERATIONS.—The Commission shall consider recommendations regarding the following issues:

(1) Adequate protection of privacy concerns inherent in

the design, implementation, or operation of the interoperable

electronic data system.

(2) Timely adoption of security innovations, consistent with

generally accepted security standards, to protect the integrity

and confidentiality of information to prevent the risks of accidental or unauthorized loss, access, destruction, use modification, or disclosure of information.

(3) The adequacy of mechanisms to permit the timely

correction of errors in data maintained by the interoperable

data system.

(4) Other protections against unauthorized use of data

to guard against the misuse of the interoperable data system

or the data maintained by the system, including recommendations for modifications to existing laws and regulations to sanction misuse of the system.

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Commission such sums as may be necessary to carry out this section.

SEC. 204. PERSONNEL MANAGEMENT AUTHORITIES FOR POSITIONS

INVOLVED IN THE DEVELOPMENT AND IMPLEMENTATION OF THE INTEROPERABLE ELECTRONIC DATA

SYSTEM (‘‘CHIMERA SYSTEM’’).

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

relating to position classification or employee pay or performance,

the Attorney General may hire and fix the compensation of necessary scientific, technical, engineering, and other analytical personnel for the purpose of the development and implementation

of the interoperable electronic data system described in section

202(a)(2) (also known as the ‘‘Chimera system’’).

(b) LIMITATION ON RATE OF PAY.—Except as otherwise provided

by law, no employee compensated under subsection (a) may be

paid at a rate in excess of the rate payable for a position at

level III of the Executive Schedule.

8 USC 1724.

President.

Reports.

Deadlines.

President.

8 USC 1723.

116 STAT. 552 PUBLIC LAW 107–173—MAY 14, 2002

(c) LIMITATION ON TOTAL CALENDAR YEAR PAYMENTS.—Total

payments to employees under any system established under this

section shall be subject to the limitation on payments to employees

under section 5307 of title 5, United States Code.

(d) OPERATING PLAN.—Not later than 90 days after the date

of enactment of this Act, the Attorney General shall submit to

the Committee on Appropriations, the Committee on the Judiciary,

the Select Committee on Intelligence, and the Committee on Foreign

Relations of the Senate and the Committee on Appropriations,

the Committee on the Judiciary, the Permanent Select Committee

on Intelligence, and the Committee on International Relations of

the House of Representatives an operating plan—

(1) describing the Attorney General’s intended use of the

authority under this section; and

(2) identifying any provisions of title 5, United States Code,

being waived for purposes of the development and implementation of the Chimera system.

(e) TERMINATION DATE.—The authority of this section shall

terminate upon the implementation of the Chimera system.

TITLE III—VISA ISSUANCE

SEC. 301. ELECTRONIC PROVISION OF VISA FILES.

Section 221(a) of the Immigration and Nationality Act (8 U.S.C.

1201(a)) is amended—

(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;

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

(3) by adding at the end the following:

‘‘(2) The Secretary of State shall provide to the Service an

electronic version of the visa file of each alien who has been issued

a visa to ensure that the data in that visa file is available to

immigration inspectors at the United States ports of entry before

the arrival of the alien at such a port of entry.’’.

SEC. 302. IMPLEMENTATION OF AN INTEGRATED ENTRY AND EXIT

DATA SYSTEM.

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

entry and exit data system for the ports of entry, as required

by the Immigration and Naturalization Service Data Management

Improvement Act of 2000 (Public Law 106–215), the Attorney General and the Secretary of State shall—

(1) implement, fund, and use a technology standard under

section 403(c) of the USA PATRIOT Act (as amended by sections

201(c)(5) and 202(a)(4)(B)) at United States ports of entry and

at consular posts abroad;

(2) establish a database containing the arrival and departure data from machine-readable visas, passports, and other

travel and entry documents possessed by aliens; and

(3) make interoperable all security databases relevant to

making determinations of admissibility under section 212 of

the Immigration and Nationality Act (8 U.S.C. 1182).

(b) IMPLEMENTATION.—In implementing the provisions of subsection (a), the Immigration and Naturalization Service and the

Department of State shall—

8 USC 1731.

Deadline.

PUBLIC LAW 107–173—MAY 14, 2002 116 STAT. 553

(1) utilize technologies that facilitate the lawful and efficient cross-border movement of commerce and persons without

compromising the safety and security of the United States;

and

(2) consider implementing the North American National

Security Program described in section 401.

SEC. 303. MACHINE-READABLE, TAMPER-RESISTANT ENTRY AND EXIT

DOCUMENTS.

(a) REPORT.—

(1) IN GENERAL.—Not later than 180 days after the date

of enactment of this Act, the Attorney General, the Secretary

of State, and the National Institute of Standards and Technology (NIST), acting jointly, shall submit to the appropriate

committees of Congress a comprehensive report assessing the

actions that will be necessary, and the considerations to be

taken into account, to achieve fully, not later than October

26, 2004—

(A) implementation of the requirements of subsections

(b) and (c); and

(B) deployment of the equipment and software to allow

biometric comparison and authentication of the documents

described in subsections (b) and (c).

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

by paragraph (1), the report required by that paragraph shall

include an estimate of the costs to be incurred, and the personnel, man-hours, and other support required, by the Department of Justice, the Department of State, and NIST to achieve

the objectives of subparagraphs (A) and (B) of paragraph (1).

(b) REQUIREMENTS.—

(1) IN GENERAL.—Not later than October 26, 2004, the

Attorney General and the Secretary of State shall issue to

aliens only machine-readable, tamper-resistant visas and other

travel and entry documents that use biometric identifiers. The

Attorney General and the Secretary of State shall jointly establish document authentication standards and biometric identifiers standards to be employed on such visas and other travel

and entry documents from among those biometric identifiers

recognized by domestic and international standards organizations.

(2) READERS AND SCANNERS AT PORTS OF ENTRY.—

(A) IN GENERAL.—Not later than October 26, 2004,

the Attorney General, in consultation with the Secretary

of State, shall install at all ports of entry of the United

States equipment and software to allow biometric comparison and authentication of all United States visas and other

travel and entry documents issued to aliens, and passports

issued pursuant to subsection (c)(1).

(B) USE OF READERS AND SCANNERS.—The Attorney

General, in consultation with the Secretary of State, shall

utilize biometric data readers and scanners that—

(i) domestic and international standards organizations determine to be highly accurate when used to

verify identity;

(ii) can read the biometric identifiers utilized under

subsections (b)(1) and (c)(1); and

Standards.

Deadlines.

8 USC 1732.

116 STAT. 554 PUBLIC LAW 107–173—MAY 14, 2002

(iii) can authenticate the document presented to

verify identity.

(3) USE OF TECHNOLOGY STANDARD.—The systems employed

to implement paragraphs (1) and (2) shall utilize the technology

standard established pursuant to section 403(c) of the USA

PATRIOT Act, as amended by section 201(c)(5) and 202(a)(4)(B).

(c) TECHNOLOGY STANDARD FOR VISA WAIVER PARTICIPANTS.— (1) CERTIFICATION REQUIREMENT.—Not later than October

26, 2004, the government of each country that is designated

to participate in the visa waiver program established under

section 217 of the Immigration and Nationality Act shall certify,

as a condition for designation or continuation of that designation, that it has a program to issue to its nationals machinereadable passports that are tamper-resistant and incorporate

biometric and document authentication identifiers that comply

with applicable biometric and document identifying standards

established by the International Civil Aviation Organization.

This paragraph shall not be construed to rescind the requirement of section 217(a)(3) of the Immigration and Nationality

Act.

(2) USE OF TECHNOLOGY STANDARD.—On and after October

26, 2004, any alien applying for admission under the visa

waiver program under section 217 of the Immigration and

Nationality Act shall present a passport that meets the requirements of paragraph (1) unless the alien’s passport was issued

prior to that date.

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as may be necessary to carry out

this section, including reimbursement to international and domestic

standards organizations.

SEC. 304. TERRORIST LOOKOUT COMMITTEES.

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

terrorist lookout committee to be maintained within each United

States mission to a foreign country.

(b) PURPOSE.—The purpose of each committee established under

subsection (a) shall be—

(1) to utilize the cooperative resources of all elements of

the United States mission in the country in which the consular

post is located to identify known or potential terrorists and

to develop information on those individuals;

(2) to ensure that such information is routinely and consistently brought to the attention of appropriate United States

officials for use in administering the immigration laws of the

United States; and

(3) to ensure that the names of known and suspected

terrorists are entered into the appropriate lookout databases.

(c) COMPOSITION; CHAIR.—The Secretary shall establish rules

governing the composition of such committees.

(d) MEETINGS.—Each committee established under subsection

(a) shall meet at least monthly to share information pertaining

to the committee’s purpose as described in subsection (b)(2).

(e) PERIODIC REPORTS TO THE SECRETARY OF STATE.—Each

committee established under subsection (a) shall submit monthly

reports to the Secretary of State describing the committee’s activities, whether or not information on known or suspected terrorists

was developed during the month.

8 USC 1733.

PUBLIC LAW 107–173—MAY 14, 2002 116 STAT. 555

(f) REPORTS TO CONGRESS.—The Secretary of State shall submit

a report on a quarterly basis to the appropriate committees of

Congress on the status of the committees established under subsection (a).

(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as may be necessary to implement

this section.

SEC. 305. IMPROVED TRAINING FOR CONSULAR OFFICERS.

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

consular officers responsible for adjudicating visa applications,

before undertaking to perform consular responsibilities, receive

specialized training in the effective screening of visa applicants

who pose a potential threat to the safety or security of the United

States. Such officers shall be specially and extensively trained in

the identification of aliens inadmissible under section 212(a)(3)

(A) and (B) of the Immigration and Nationality Act, interagency

and international intelligence sharing regarding terrorists and terrorism, and cultural-sensitivity toward visa applicants.

(b) USE OF FOREIGN INTELLIGENCE INFORMATION.—As an

ongoing component of the training required in subsection (a), the

Secretary of State shall coordinate with the Assistant to the President for Homeland Security, Federal law enforcement agencies,

and the intelligence community to compile and disseminate to the

Bureau of Consular Affairs reports, bulletins, updates, and other

current unclassified information relevant to terrorists and terrorism

and to screening visa applicants who pose a potential threat to

the safety or security of the United States.

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as may be necessary to implement

this section.

SEC. 306. RESTRICTION ON ISSUANCE OF VISAS TO NONIMMIGRANTS

FROM COUNTRIES THAT ARE STATE SPONSORS OF

INTERNATIONAL TERRORISM.

(a) IN GENERAL.—No nonimmigrant visa under section

101(a)(15) of the Immigration and Nationality Act (8 U.S.C.

1101(a)(15)) shall be issued to any alien from a country that is

a state sponsor of international terrorism unless the Secretary

of State determines, in consultation with the Attorney General

and the heads of other appropriate United States agencies, that

such alien does not pose a threat to the safety or national security

of the United States. In making a determination under this subsection, the Secretary of State shall apply standards developed

by the Secretary of State, in consultation with the Attorney General

and the heads of other appropriate United States agencies, that

are applicable to the nationals of such states.

(b) STATE SPONSOR OF INTERNATIONAL TERRORISM DEFINED.— (1) IN GENERAL.—In this section, the term ‘‘state sponsor

of international terrorism’’ means any country the government

of which has been determined by the Secretary of State under

any of the laws specified in paragraph (2) to have repeatedly

provided support for acts of international terrorism.

(2) LAWS UNDER WHICH DETERMINATIONS WERE MADE.—

The laws specified in this paragraph are the following:

(A) Section 6(j)(1)(A) of the Export Administration Act

of 1979 (or successor statute).

(B) Section 40(d) of the Arms Export Control Act.

Applicability.

8 USC 1735.

8 USC 1734.

116 STAT. 556 PUBLIC LAW 107–173—MAY 14, 2002

(C) Section 620A(a) of the Foreign Assistance Act of

1961.

SEC. 307. DESIGNATION OF PROGRAM COUNTRIES UNDER THE VISA

WAIVER PROGRAM.

(a) REPORTING PASSPORT THEFTS.—Section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) is amended— (1) by adding at the end of subsection (c)(2) the following

new subparagraph: ‘‘(D) REPORTING PASSPORT THEFTS.—The government

of the country certifies that it reports to the United States

Government on a timely basis the theft of blank passports

issued by that country.’’; and

(2) in subsection (c)(5)(A)(i), by striking ‘‘5 years’’ and

inserting ‘‘2 years’’; and

(3) by adding at the end of subsection (f) the following

new paragraph: ‘‘(5) FAILURE TO REPORT PASSPORT THEFTS.—If the Attorney

General and the Secretary of State jointly determine that the

program country is not reporting the theft of blank passports,

as required by subsection (c)(2)(D), the Attorney General shall

terminate the designation of the country as a program

country.’’.

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

of an alien under the visa waiver program established under section

217 of the Immigration and Nationality Act (8 U.S.C. 1187), the

Immigration and Naturalization Service shall determine that the

applicant for admission does not appear in any of the appropriate

lookout databases available to immigration inspectors at the time

the alien seeks admission to the United States.

SEC. 308. TRACKING SYSTEM FOR STOLEN PASSPORTS.

(a) ENTERING STOLEN PASSPORT IDENTIFICATION NUMBERS IN

THE INTEROPERABLE DATA SYSTEM.—

(1) IN GENERAL.—Beginning with implementation under

section 202 of the law enforcement and intelligence data system,

not later than 72 hours after receiving notification of the loss

or theft of a United States or foreign passport, the Attorney

General and the Secretary of State, as appropriate, shall enter

into such system the corresponding identification number for

the lost or stolen passport.

(2) ENTRY OF INFORMATION ON PREVIOUSLY LOST OR STOLEN

PASSPORTS.—To the extent practicable, the Attorney General,

in consultation with the Secretary of State, shall enter into

such system the corresponding identification numbers for the

United States and foreign passports lost or stolen prior to

the implementation of such system.

(b) TRANSITION PERIOD.—Until such time as the law enforcement and intelligence data system described in section 202 is fully

implemented, the Attorney General shall enter the data described

in subsection (a) into an existing data system being used to determine the admissibility or deportability of aliens.

SEC. 309. IDENTIFICATION DOCUMENTS FOR CERTAIN NEWLY

ADMITTED ALIENS.

Not later than 180 days after the date of enactment of this

Act, the Attorney General shall ensure that, immediately upon

the arrival in the United States of an individual admitted under

Deadline.

8 USC 1738.

Deadline.

8 USC 1737.

8 USC 1736.

PUBLIC LAW 107–173—MAY 14, 2002 116 STAT. 557

section 207 of the Immigration and Nationality Act (8 U.S.C. 1157),

or immediately upon an alien being granted asylum under section

208 of such Act (8 U.S.C. 1158), the alien will be issued an employment authorization document. Such document shall, at a minimum,

contain the fingerprint and photograph of such alien.

TITLE IV—INSPECTION AND ADMISSION

OF ALIENS

SEC. 401. STUDY OF THE FEASIBILITY OF A NORTH AMERICAN

NATIONAL SECURITY PROGRAM.

(a) IN GENERAL.—The President shall conduct a study of the

feasibility of establishing a North American National Security Program to enhance the mutual security and safety of the United

States, Canada, and Mexico.

(b) STUDY ELEMENTS.—In conducting the study required by

subsection (a), the President shall consider the following:

(1) PRECLEARANCE.—The feasibility of establishing a program enabling foreign national travelers to the United States

to submit voluntarily to a preclearance procedure established

by the Department of State and the Immigration and Naturalization Service to determine whether such travelers are

admissible to the United States under section 212 of the

Immigration and Nationality Act (8 U.S.C. 1182). Consideration

shall be given to the feasibility of expanding the preclearance

program to include the preclearance both of foreign nationals

traveling to Canada and foreign nationals traveling to Mexico.

(2) PREINSPECTION.—The feasibility of expanding

preinspection facilities at foreign airports as described in section

235A of the Immigration and Nationality Act (8 U.S.C. 1225).

Consideration shall be given to the feasibility of expanding

preinspections to foreign nationals on air flights destined for

Canada and Mexico, and the cross training and funding of

inspectors from Canada and Mexico.

(3) CONDITIONS.—A determination of the measures necessary to ensure that the conditions required by section

235A(a)(5) of the Immigration and Nationality Act (8 U.S.C.

1225a(a)(5)) are satisfied, including consultation with experts

recognized for their expertise regarding the conditions required

by that section.

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

of this Act, the President shall submit to the appropriate committees

of Congress a report setting forth the findings of the study conducted

under subsection (a).

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as may be necessary to carry out

this section.

SEC. 402. PASSENGER MANIFESTS.

(a) IN GENERAL.—Section 231 of the Immigration and Nationality Act (8 U.S.C. 1221(a)) is amended—

(1) by striking subsections (a), (b), (d), and (e);

(2) by redesignating subsection (c) as subsection (j); and

(3) by striking ‘‘SEC. 231.’’ and inserting the following: ‘‘SEC. 231. (a) ARRIVAL MANIFESTS.—For each commercial vessel

or aircraft transporting any person to any seaport or airport of

President.

Canada.

Mexico.

8 USC 1751.

116 STAT. 558 PUBLIC LAW 107–173—MAY 14, 2002

the United States from any place outside the United States, it

shall be the duty of an appropriate official specified in subsection

(d) to provide to any United States border officer (as defined in

subsection (i)) at that port manifest information about each passenger, crew member, and other occupant transported on such

vessel or aircraft prior to arrival at that port.

‘‘(b) DEPARTURE MANIFESTS.—For each commercial vessel or

aircraft taking passengers on board at any seaport or airport of

the United States, who are destined to any place outside the United

States, it shall be the duty of an appropriate official specified

in subsection (d) to provide any United States border officer (as

defined in subsection (i)) before departure from such port manifest

information about each passenger, crew member, and other occupant to be transported. ‘‘(c) CONTENTS OF MANIFEST.—The information to be provided

with respect to each person listed on a manifest required to be

provided under subsection (a) or (b) shall include— ‘‘(1) complete name;

‘‘(2) date of birth;

‘‘(3) citizenship;

‘‘(4) sex;

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

‘‘(6) country of residence;

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

where applicable; ‘‘(8) alien registration number, where applicable;

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

and

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

Treasury determines as being necessary for the identification

of the persons transported and for the enforcement of the

immigration laws and to protect safety and national security.

‘‘(d) APPROPRIATE OFFICIALS SPECIFIED.—An appropriate official

specified in this subsection is the master or commanding officer,

or authorized agent, owner, or consignee, of the commercial vessel

or aircraft concerned.

‘‘(e) DEADLINE FOR REQUIREMENT OF ELECTRONIC TRANSMISSION

OF MANIFEST INFORMATION.—Not later than January 1, 2003, manifest information required to be provided under subsection (a) or

(b) shall be transmitted electronically by the appropriate official

specified in subsection (d) to an immigration officer.

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

that is under a duty to provide manifest information under this

section shall be granted clearance papers until the appropriate

official specified in subsection (d) has complied with the requirements of this subsection, except that, in the case of commercial

vessels or aircraft that the Attorney General determines are making

regular trips to the United States, the Attorney General may,

when expedient, arrange for the provision of manifest information

of persons departing the United States at a later date. ‘‘(g) PENALTIES AGAINST NONCOMPLYING SHIPMENTS, AIRCRAFT,

OR CARRIERS.—If it shall appear to the satisfaction of the Attorney

General that an appropriate official specified in subsection (d),

any public or private carrier, or the agent of any transportation

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

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

PUBLIC LAW 107–173—MAY 14, 2002 116 STAT. 559

information provided is not accurate and full based on information

provided to the carrier, such official, carrier, or agent, as the case

may be, shall pay to the Commissioner the sum of $1,000 for

each person with respect to whom such accurate and full manifest

information is not provided, or with respect to whom the manifest

information is not prepared as prescribed by this section or by

regulations issued pursuant thereto. No commercial vessel or aircraft shall be granted clearance pending determination of the question of the liability to the payment of such penalty, or while it

remains unpaid, and no such penalty shall be remitted or refunded,

except that clearance may be granted prior to the determination

of such question upon the deposit with the Commissioner of a

bond or undertaking approved by the Attorney General or a sum

sufficient to cover such penalty.

‘‘(h) WAIVER.—The Attorney General may waive the requirements of subsection (a) or (b) upon such circumstances and conditions as the Attorney General may by regulation prescribe.

‘‘(i) UNITED STATES BORDER OFFICER DEFINED.—In this section,

the term ‘United States border officer’ means, with respect to a

particular port of entry into the United States, any United States

official who is performing duties at that port of entry.’’.

(b) EXTENSION TO LAND CARRIERS.—

(1) STUDY.—The President shall conduct a study regarding

the feasibility of extending the requirements of subsections

(a) and (b) of section 231 of the Immigration and Nationality

Act (8 U.S.C. 1221), as amended by subsection (a), to any

commercial carrier transporting persons by land to or from

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

which such requirement would be implemented to enhance

the national security of the United States and the efficient

cross-border flow of commerce and persons.

(2) REPORT.—Not later than two years after the date of

enactment of this Act, the President shall submit to Congress

a report setting forth the findings of the study conducted under

paragraph (1).

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

(a) shall apply with respect to persons arriving in, or departing

from, the United States on or after the date of enactment of this

Act.

SEC. 403. TIME PERIOD FOR INSPECTIONS.

(a) REPEAL OF TIME LIMITATION ON INSPECTIONS.—Section

286(g) of the Immigration and Nationality Act (8 U.S.C. 1356(g))

is amended by striking ‘‘, within forty-five minutes of their presentation for inspection,’’.

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

and Naturalization Service shall staff ports of entry at such levels

that would be adequate to meet traffic flow and inspection time

objectives efficiently without compromising the safety and security

of the United States. Estimated staffing levels under workforce

models for the Immigration and Naturalization Service shall be

based on the goal of providing immigration services described in

section 286(g) of such Act within 45 minutes of a passenger’s

presentation for inspection.

8 USC 1752.

Applicability.

8 USC 1221 note.

Deadline.

President.

8 USC 1221 note.

116 STAT. 560 PUBLIC LAW 107–173—MAY 14, 2002

SEC. 404. JOINT UNITED STATES-CANADA PROJECTS FOR ALTERNATIVE INSPECTIONS SERVICES.

(a) IN GENERAL.—United States border inspections agencies,

including the Immigration and Naturalization Service, acting jointly

and under an agreement of cooperation with the Government of

Canada, may conduct joint United States-Canada inspections

projects on the international border between the two countries.

Each such project may provide alternative inspections services and

shall undertake to harmonize the criteria for inspections applied

by the two countries in implementing those projects.

(b) ANNUAL REPORT.—The Attorney General and the Secretary

of the Treasury shall prepare and submit annually to Congress

a report on the joint United States-Canada inspections projects

conducted under subsection (a).

(c) EXEMPTION FROM ADMINISTRATIVE PROCEDURE ACT AND

PAPERWORK REDUCTION ACT.—Subchapter II of chapter 5 of title

5, United States Code (commonly referred to as the ‘‘Administrative

Procedure Act’’) and chapter 35 of title 44, United States Code

(commonly referred to as the ‘‘Paperwork Reduction Act’’) shall

not apply to fee setting for services and other administrative

requirements relating to projects described in subsection (a), except

that fees and forms established for such projects shall be published

as a notice in the Federal Register.

TITLE V—FOREIGN STUDENTS AND

EXCHANGE VISITORS

SEC. 501. FOREIGN STUDENT MONITORING PROGRAM.

(a) STRENGTHENING REQUIREMENTS FOR IMPLEMENTATION OF

MONITORING PROGRAM.—

(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;

8 USC 1761.

Federal Register,

publication.

8 USC 1753.

PUBLIC LAW 107–173—MAY 14, 2002 116 STAT. 561

‘‘(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

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.’’.

(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).’’.

(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

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.’’.

(b) INFORMATION REQUIRED OF THE VISA APPLICANT.—Prior

to the issuance of a visa under subparagraph (F), subparagraph

(M), or, with respect to an alien seeking to attend an approved

institution of higher education, subparagraph (J) of section

101(a)(15) of the Immigration and Nationality Act (8 U.S.C.

1101(a)(15)), each alien applying for such visa shall provide to

a consular officer the following information:

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

Regulations.

Deadline.

116 STAT. 562 PUBLIC LAW 107–173—MAY 14, 2002

(2) The names and addresses of the alien’s spouse, children,

parents, and siblings.

(3) The names of contacts of the alien in the alien’s country

of residence who could verify information about the alien.

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

and addresses of employers.

(c) TRANSITIONAL PROGRAM.— (1) IN GENERAL.—Not later than 120 days after the date

of enactment of this Act and until such time as the system

described in section 641 of the Illegal Immigration Reform

and Immigrant Responsibility Act (as amended by subsection

(a)) is fully implemented, the following requirements shall

apply:

(A) RESTRICTIONS ON ISSUANCE OF VISAS.—A visa may

not be issued to an alien under subparagraph (F), subparagraph (M), or, with respect to an alien seeking to attend

an approved institution of higher education, subparagraph

(J) of section 101(a)(15) of the Immigration and Nationality

Act (8 U.S.C. 1101(a)(15)), unless— (i) the Department of State has received from an

approved institution of higher education or other

approved educational institution electronic evidence of

documentation of the alien’s acceptance at that institution; and

(ii) the consular officer has adequately reviewed

the applicant’s visa record.

(B) NOTIFICATION UPON VISA ISSUANCE.—Upon the

issuance of a visa under section 101(a)(15) (F) or (M) of

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

1101(a)(15)(F) or (M)) to an alien, the Secretary of State

shall transmit to the Immigration and Naturalization

Service a notification of the issuance of that visa.

(C) NOTIFICATION UPON ADMISSION OF ALIEN.—The

Immigration and Naturalization Service shall notify the

approved institution of higher education or other approved

educational institution that an alien accepted for such

institution or program has been admitted to the United

States.

(D) NOTIFICATION OF FAILURE OF ENROLLMENT.—Not

later than 30 days after the deadline for registering for

classes for an academic term, the approved institution of

higher education or other approved educational institution

shall inform the Immigration and Naturalization Service

through data-sharing arrangements of any failure of any

alien described in subparagraph (C) to enroll or to commence participation.

(2) REQUIREMENT TO SUBMIT LIST OF APPROVED INSTITUTIONS.—Not later than 30 days after the date of enactment

of this Act, the Attorney General shall provide the Secretary

of State with a list of all approved institutions of higher education and other approved educational institutions that are

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

(F) or (M) of the Immigration and Nationality Act (8 U.S.C.

1101(a)(15)(F) or (M)).

(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary to

carry out this subsection.

Applicability.

Deadlines.

PUBLIC LAW 107–173—MAY 14, 2002 116 STAT. 563

SEC. 502. REVIEW OF INSTITUTIONS AND OTHER ENTITIES AUTHORIZED TO ENROLL OR SPONSOR CERTAIN NONIMMIGRANTS.

(a) PERIODIC REVIEW OF COMPLIANCE.—Not later than two

years after the date of enactment of this Act, and every two years

thereafter, 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

641 of 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

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(a)(15)(J)).

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

under paragraph (1), the Secretary 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 Illegal 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 Responsibility 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.

Deadline.

Deadline.

8 USC 1762.

116 STAT. 564 PUBLIC LAW 107–173—MAY 14, 2002

TITLE VI—MISCELLANEOUS

PROVISIONS

SEC. 601. EXTENSION OF DEADLINE FOR IMPROVEMENT IN BORDER

CROSSING IDENTIFICATION CARDS.

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

Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note) is

amended by striking ‘‘5 years’’ and inserting ‘‘6 years’’.

SEC. 602. GENERAL ACCOUNTING OFFICE STUDY.

(a) REQUIREMENT FOR STUDY.—

(1) IN GENERAL.—The Comptroller General of the United

States shall conduct a study to determine the feasibility and

utility of implementing a requirement that each nonimmigrant

alien in the United States submit to the Commissioner of

Immigration and Naturalization each year a current address

and, where applicable, the name and address of an employer.

(2) NONIMMIGRANT ALIEN DEFINED.—In paragraph (1), the

term ‘‘nonimmigrant alien’’ means an alien described in section

101(a)(15) of the Immigration and Nationality Act (8 U.S.C.

1101(a)(15)).

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

of this Act, the Comptroller General shall submit to Congress a

report on the results of the study under subsection (a). The report

shall include the Comptroller General’s findings, together with any

recommendations that the Comptroller General considers appropriate.

SEC. 603. INTERNATIONAL COOPERATION.

(a) INTERNATIONAL ELECTRONIC DATA SYSTEM.—The Secretary

of State and the Commissioner of Immigration and Naturalization,

in consultation with the Assistant to the President for Homeland

Security, shall jointly conduct a study of the alternative approaches

(including the costs of, and procedures necessary for, each alternative approach) for encouraging or requiring Canada, Mexico, and

countries treated as visa waiver program countries under section

217 of the Immigration and Nationality Act to develop an intergovernmental network of interoperable electronic data systems that—

(1) facilitates real-time access to that country’s law enforcement and intelligence information that is needed by the Department of State and the Immigration and Naturalization Service

to screen visa applicants and applicants for admission into

the United States to identify aliens who are inadmissible or

deportable under the Immigration and Nationality Act (8 U.S.C.

1101 et seq.);

(2) is interoperable with the electronic data system implemented under section 202; and

(3) performs in accordance with implementation of the technology standard referred to in section 202(a).

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

of this Act, the Secretary of State and the Attorney General shall

submit to the appropriate committees of Congress a report setting

forth the findings of the study conducted under subsection (a).

Deadline.

8 USC 1772.

Deadline.

8 USC 1771.

PUBLIC LAW 107–173—MAY 14, 2002 116 STAT. 565

LEGISLATIVE HISTORY—H.R. 3525:

CONGRESSIONAL RECORD:

Vol. 147 (2001): Dec. 19, considered and passed House.

Vol. 148 (2002): Apr. 12, 15, 17, considered and passed Senate, amended.

May 7, 8, House considered and concurred in Senate

amendments.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):

May 14, Presidential remarks.

Æ

SEC. 604. STATUTORY CONSTRUCTION.

Nothing in this Act shall be construed to impose requirements

that are inconsistent with the North American Free Trade Agreement or to require additional documents for aliens for whom documentary requirements are waived under section 212(d)(4)(B) of

the Immigration and Nationality Act (8 U.S.C. 1182(d)(4)(B)).

SEC. 605. ANNUAL REPORT ON ALIENS WHO FAIL TO APPEAR AFTER

RELEASE ON OWN RECOGNIZANCE.

(a) REQUIREMENT FOR REPORT.—Not later than January 15

of each year, the Attorney General shall submit to the appropriate

committees of Congress a report on the total number of aliens

who, during the preceding year, failed to attend a removal proceeding after having been arrested outside a port of entry, served

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

Nationality Act (8 U.S.C. 1229(a)(1)), and released on the alien’s

own recognizance. The report shall also take into account the

number of cases in which there were defects in notices of hearing

or the service of notices of hearing, together with a description

and analysis of the effects, if any, that the defects had on the

attendance of aliens at the proceedings.

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

of the annual report provided in subsection (a), the report for

2001 shall be submitted not later than 6 months after the date

of enactment of this Act.

SEC. 606. RETENTION OF NONIMMIGRANT VISA APPLICATIONS BY THE

DEPARTMENT OF STATE.

The Department of State shall retain, for a period of seven

years from the date of application, every application for a nonimmigrant visa under section 101(a)(15) of the Immigration and

Nationality Act (8 U.S.C. 1101(a)(15)) in a form that will be admissible in the courts of the United States or in administrative proceedings, including removal proceedings under such Act, without

regard to whether the application was approved or denied.

Approved May 14, 2002.

8 USC 1775.

Deadlines.

8 USC 1774.

8 USC 1773.