107TH CONGRESS

2D SESSION H.R. 1885

HOUSE AMENDMENTS TO

SENATE AMENDMENT

In the House of Representatives, U. S.,

March 12, 2002.

Resolved, That the House agree to the amendment of the

Senate to the bill (H.R. 1885) entitled ‘‘An Act to expand

the class of beneficiaries who may apply for adjustment of

status under section 245(i) of the Immigration and Nationality Act by extending the deadline for classification petition

and labor certification filings, and for other purposes’’, with

the following

HOUSE AMENDMENTS TO SENATE AMENDMENT:

In lieu of the matter proposed to be inserted by the

amendment of the Senate, insert the following:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘En3 hanced Border Security and Visa Entry Reform Act of

4 2002’’.

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

6 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.
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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.

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.

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)).
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1 (2) APPROPRIATE COMMITTEES OF CONGRESS.—

2 The term ‘‘appropriate committees of Congress’’

3 means the following:

4 (A) The Committee on the Judiciary, the

5 Select Committee on Intelligence, and the Com6 mittee on Foreign Relations of the Senate.

7 (B) The Committee on the Judiciary, the

8 Permanent Select Committee on Intelligence, and

9 the Committee on International Relations of the

10 House of Representatives.

11 (3) FEDERAL LAW ENFORCEMENT AGENCIES.—

12 The term ‘‘Federal law enforcement agencies’’ means

13 the following:

14 (A) The United States Secret Service.

15 (B) The Drug Enforcement Administration.

16 (C) The Federal Bureau of Investigation.

17 (D) The Immigration and Naturalization

18 Service.

19 (E) The United States Marshall Service.

20 (F) The Naval Criminal Investigative Serv21 ice.

22 (G) The Coastal Security Service.

23 (H) The Diplomatic Security Service.

24 (I) The United States Postal Inspection

25 Service.
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1 (J) The Bureau of Alcohol, Tobacco, and

2 Firearms.

3 (K) The United States Customs Service.

4 (L) The National Park Service.

5 (4) INTELLIGENCE COMMUNITY.—The term ‘‘in6 telligence community’’ has the meaning given that

7 term in section 3(4) of the National Security Act of

8 1947 (50 U.S.C. 401a(4)).

9 (5) PRESIDENT.—The term ‘‘President’’ means

10 the President of the United States, acting through the

11 Assistant to the President for Homeland Security, in

12 coordination with the Secretary of State, the Commis13 sioner of Immigration and Naturalization, the Attor14 ney General, the Director of Central Intelligence, the

15 Director of the Federal Bureau of Investigation, the

16 Secretary of Transportation, the Commissioner of

17 Customs, and the Secretary of the Treasury.

18 (6) USA PATRIOT ACT.—The term ‘‘USA PA19 TRIOT Act’’ means the Uniting and Strengthening

20 America by Providing Appropriate Tools Required to

21 Intercept and Obstruct Terrorism (USA PATRIOT

22 ACT) Act of 2001 (Public Law 107–56).
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1 TITLE I—FUNDING

2 SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR HIR3 ING AND TRAINING GOVERNMENT PER4 SONNEL.

5 (a) ADDITIONAL PERSONNEL.—

6 (1) INS INSPECTORS.—Subject to the avail7 ability of appropriations, during each of the fiscal

8 years 2002 through 2006, the Attorney General shall

9 increase the number of inspectors and associated sup10 port staff in the Immigration and Naturalization

11 Service by the equivalent of at least 200 full-time em12 ployees over the number of inspectors and associated

13 support staff in the Immigration and Naturalization

14 Service authorized by the USA PATRIOT Act.

15 (2) INS INVESTIGATIVE PERSONNEL.—Subject to

16 the availability of appropriations, during each of the

17 fiscal years 2002 through 2006, the Attorney General

18 shall increase the number of investigative and associ19 ated support staff of the Immigration and Natu20 ralization Service by the equivalent of at least 200

21 full-time employees over the number of investigators

22 and associated support staff in the Immigration and

23 Naturalization Service authorized by the USA PA24 TRIOT Act.
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1 (3) AUTHORIZATION OF APPROPRIATIONS.—

2 There are authorized to be appropriated such sums as

3 may be necessary to carry out this subsection, includ4 ing such sums as may be necessary to provide facili5 ties, attorney personnel and support staff, and other

6 resources needed to support the increased number of

7 inspectors, investigative staff, and associated support

8 staff.

9 (b) WAIVER OF FTE LIMITATION.—The Attorney Gen10 eral is authorized to waive any limitation on the number

11 of full-time equivalent personnel assigned to the Immigra12 tion and Naturalization Service.

13 (c) AUTHORIZATION OF APPROPRIATIONS FOR INS

14 STAFFING.—

15 (1) IN GENERAL.—There are authorized to be ap16 propriated for the Department of Justice such sums

17 as may be necessary to provide an increase in the an18 nual rate of basic pay—

19 (A) for all journeyman Border Patrol

20 agents and inspectors who have completed at

21 least one year’s service and are receiving an an22 nual rate of basic pay for positions at GS–9 of

23 the General Schedule under section 5332 of title

24 5, United States Code, from the annual rate of

25 basic pay payable for positions at GS–9 of the
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1 General Schedule under such section 5332, to an

2 annual rate of basic pay payable for positions at

3 GS–11 of the General Schedule under such sec4 tion 5332;

5 (B) for inspections assistants, from the an6 nual rate of basic pay payable for positions at

7 GS–5 of the General Schedule under section 5332

8 of title 5, United States Code, to an annual rate

9 of basic pay payable for positions at GS–7 of the

10 General Schedule under such section 5332; and

11 (C) for the support staff associated with the

12 personnel described in subparagraphs (A) and

13 (B), at the appropriate GS level of the General

14 Schedule under such section 5332.

15 (d) AUTHORIZATION OF APPROPRIATIONS FOR TRAIN16 ING.—There are authorized to be appropriated such sums

17 as may be necessary—

18 (1) to appropriately train Immigration and

19 Naturalization Service personnel on an ongoing

20 basis—

21 (A) to ensure that their proficiency levels

22 are acceptable to protect the borders of the

23 United States; and

24 (B) otherwise to enforce and administer the

25 laws within their jurisdiction; and
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1 (2) to provide adequate continuing cross-training

2 to agencies staffing the United States border and

3 ports of entry to effectively and correctly apply appli4 cable United States laws;

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

6 appropriate lookout databases and to monitor pas7 senger traffic patterns; and

8 (4) to expand the Carrier Consultant Program

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

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

11 (e) AUTHORIZATION OF APPROPRIATIONS FOR CON12 SULAR FUNCTIONS.—

13 (1) RESPONSIBILITIES.—The Secretary of State

14 shall—

15 (A) implement enhanced security measures

16 for the review of visa applicants;

17 (B) staff the facilities and programs associ18 ated with the activities described in subpara19 graph (A); and

20 (C) provide ongoing training for consular

21 officers and diplomatic security agents.

22 (2) AUTHORIZATION OF APPROPRIATIONS.—

23 There are authorized to be appropriated for the De24 partment of State such sums as may be necessary to

25 carry out paragraph (1).
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1 SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR IM2 PROVEMENTS IN TECHNOLOGY AND INFRA3 STRUCTURE.

4 (a) FUNDING OF TECHNOLOGY.—

5 (1) AUTHORIZATION OF APPROPRIATIONS.—In

6 addition to funds otherwise available for such pur7 pose, there are authorized to be appropriated

8 $150,000,000 to the Immigration and Naturalization

9 Service for purposes of—

10 (A) making improvements in technology

11 (including infrastructure support, computer se12 curity, and information technology development)

13 for improving border security;

14 (B) expanding, utilizing, and improving

15 technology to improve border security; and

16 (C) facilitating the flow of commerce and

17 persons at ports of entry, including improving

18 and expanding programs for preenrollment and

19 preclearance.

20 (2) WAIVER OF FEES.—Federal agencies involved

21 in border security may waive all or part of enroll22 ment fees for technology-based programs to encourage

23 participation by United States citizens and aliens in

24 such programs. Any agency that waives any part of

25 any such fee may establish its fees for other services
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1 at a level that will ensure the recovery from other

2 users of the amounts waived.

3 (3) OFFSET OF INCREASES IN FEES.—The Attor4 ney General may, to the extent reasonable, increase

5 land border fees for the issuance of arrival-departure

6 documents to offset technology costs.

7 (b) IMPROVEMENT AND EXPANSION OF INS, STATE

8 DEPARTMENT, AND CUSTOMS FACILITIES.—There are au9 thorized to be appropriated to the Immigration and Natu10 ralization Service and the Department of State such sums

11 as may be necessary to improve and expand facilities for

12 use by the personnel of those agencies.

13 SEC. 103. MACHINE–READABLE VISA FEES.

14 (a) RELATION TO SUBSEQUENT AUTHORIZATION

15 ACTS.—Section 140(a) of the Foreign Relations Authoriza16 tion Act, Fiscal Years 1994 and 1995 (Public Law 103–

17 236) is amended by striking paragraph (3).

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

19 charged by the Department of State shall be the higher of

20 $65 or the cost of the machine-readable visa service, as de21 termined by the Secretary of State after conducting a study

22 of the cost of such service.

23 (c) SURCHARGE.—The Department of State is author24 ized to charge a surcharge of $10, in addition to the ma-
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1 chine-readable visa fee, for issuing a machine-readable visa

2 in a nonmachine-readable passport.

3 (d) AVAILABILITY OF COLLECTED FEES.—Notwith4 standing any other provision of law, amounts collected as

5 fees described in this section shall be credited as an offset6 ting collection to any appropriation for the Department of

7 State to recover costs of providing consular services.

8 Amounts so credited shall be available, until expended, for

9 the same purposes as the appropriation to which credited.

10 TITLE II—INTERAGENCY

11 INFORMATION SHARING

12 SEC. 201. INTERIM MEASURES FOR ACCESS TO AND CO13 ORDINATION OF LAW ENFORCEMENT AND

14 OTHER INFORMATION.

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

16 subsection (c) is implemented, Federal law enforcement

17 agencies and the intelligence community shall, to the max18 imum extent practicable, share any information with the

19 Department of State and the Immigration and Naturaliza20 tion Service relevant to the admissibility and deportability

21 of aliens, consistent with the plan described in subsection

22 (c).

23 (b) REPORT IDENTIFYING LAW ENFORCEMENT AND IN24 TELLIGENCE INFORMATION.—
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1 (1) IN GENERAL.—Not later than 120 days after

2 the date of enactment of this Act, the President shall

3 submit to the appropriate committees of Congress a

4 report identifying Federal law enforcement and the

5 intelligence community information needed by the De6 partment of State to screen visa applicants, or by the

7 Immigration and Naturalization Service to screen

8 applicants for admission to the United States, and to

9 identify those aliens inadmissible or deportable under

10 the Immigration and Nationality Act.

11 (2) REPEAL.—Section 414(d) of the USA PA12 TRIOT Act is hereby repealed.

13 (c) COORDINATION PLAN.—

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

15 one year after the date of enactment of the USA PA16 TRIOT Act, the President shall develop and imple17 ment a plan based on the findings of the report under

18 subsection (b) that requires Federal law enforcement

19 agencies and the intelligence community to provide to

20 the Department of State and the Immigration and

21 Naturalization Service all information identified in

22 that report as expeditiously as practicable.

23 (2) CONSULTATION REQUIREMENT.—In the prep24 aration and implementation of the plan under this
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1 subsection, the President shall consult with the appro2 priate committees of Congress.

3 (3) PROTECTIONS REGARDING INFORMATION AND

4 USES THEREOF.—The plan under this subsection

5 shall establish conditions for using the information

6 described in subsection (b) received by the Department

7 of State and Immigration and Naturalization

8 Service—

9 (A) to limit the redissemination of such in10 formation;

11 (B) to ensure that such information is used

12 solely to determine whether to issue a visa to an

13 alien or to determine the admissibility or deport14 ability of an alien to the United States, except

15 as otherwise authorized under Federal law;

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

17 confidentiality of such information;

18 (D) to protect any privacy rights of indi19 viduals who are subjects of such information;

20 (E) to provide data integrity through the

21 timely removal and destruction of obsolete or er22 roneous names and information; and

23 (F) in a manner that protects the sources

24 and methods used to acquire intelligence infor25 mation as required by section 103(c)(6) of the
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1 National Security Act of 1947 (50 U.S.C. 403–

2 3(c)(6)).

3 (4) CRIMINAL PENALTIES FOR MISUSE OF INFOR4 MATION.—Any person who obtains information under

5 this subsection without authorization or exceeding au6 thorized access (as defined in section 1030(e) of title

7 18, United States Code), and who uses such informa8 tion in the manner described in any of the para9 graphs (1) through (7) of section 1030(a) of such title,

10 or attempts to use such information in such manner,

11 shall be subject to the same penalties as are applicable

12 under section 1030(c) of such title for violation of that

13 paragraph.

14 (5) ADVANCING DEADLINES FOR A TECHNOLOGY

15 STANDARD AND REPORT.—Section 403(c) of the USA

16 PATRIOT Act is amended—

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

18 and inserting ‘‘one year’’; and

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

20 months’’ and inserting ‘‘six months’’.

21 SEC. 202. INTEROPERABLE LAW ENFORCEMENT AND INTEL22 LIGENCE DATA SYSTEM WITH NAME-MATCH23 ING CAPACITY AND TRAINING.

24 (a) INTEROPERABLE LAW ENFORCEMENT AND INTEL25 LIGENCE ELECTRONIC DATA SYSTEM.—
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1 (1) REQUIREMENT FOR INTEGRATED IMMIGRA2 TION AND NATURALIZATION DATA SYSTEM.—The Im3 migration and Naturalization Service shall fully inte4 grate all databases and data systems maintained by

5 the Service that process or contain information on

6 aliens. The fully integrated data system shall be an

7 interoperable component of the electronic data system

8 described in paragraph (2).

9 (2) REQUIREMENT FOR INTEROPERABLE DATA

10 SYSTEM.—Upon the date of commencement of imple11 mentation of the plan required by section 201(c), the

12 President shall develop and implement an interoper13 able electronic data system to provide current and

14 immediate access to information in databases of Fed15 eral law enforcement agencies and the intelligence

16 community that is relevant to determine whether to

17 issue a visa or to determine the admissibility or de18 portability of an alien.

19 (3) CONSULTATION REQUIREMENT.—In the de20 velopment and implementation of the data system

21 under this subsection, the President shall consult with

22 the Director of the National Institute of Standards

23 and Technology (NIST) and any such other agency as

24 may be deemed appropriate.

25 (4) TECHNOLOGY STANDARD.—
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1 (A) IN GENERAL.—The data system devel2 oped and implemented under this subsection,

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

4 shall utilize the technology standard established

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

6 Act, as amended by section 201(c)(5) and sub7 paragraph (B).

8 (B) CONFORMING AMENDMENT.—Section

9 403(c) of the USA PATRIOT Act, as amended

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

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

12 including appropriate biometric identifier

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

14 and

15 (ii) in paragraph (2) —

16 (I) by striking ‘‘INTEGRATED’’

17 and inserting ‘‘INTEROPERABLE’’; and

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

19 inserting ‘‘interoperable’’.

20 (5) ACCESS TO INFORMATION IN DATA SYSTEM.—

21 Subject to paragraph (6), information in the data

22 system under this subsection shall be readily and eas23 ily accessible—

24 (A) to any consular officer responsible for

25 the issuance of visas;
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1 (B) to any Federal official responsible for

2 determining an alien’s admissibility to or de3 portability from the United States; and

4 (C) to any Federal law enforcement or in5 telligence officer determined by regulation to be

6 responsible for the investigation or identification

7 of aliens.

8 (6) LIMITATION ON ACCESS.—The President

9 shall, in accordance with applicable Federal laws, es10 tablish procedures to restrict access to intelligence in11 formation in the data system under this subsection,

12 and the databases referred to in paragraph (2), under

13 circumstances in which such information is not to be

14 disclosed directly to Government officials under para15 graph (5).

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

17 (1) IN GENERAL.—The interoperable electronic

18 data system required by subsection (a) shall—

19 (A) have the capacity to compensate for dis20 parate name formats among the different data21 bases referred to in subsection (a);

22 (B) be searchable on a linguistically sen23 sitive basis;

24 (C) provide adequate user support;
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1 (D) to the extent practicable, utilize com2 mercially available technology; and

3 (E) be adjusted and improved, based upon

4 experience with the databases and improvements

5 in the underlying technologies and sciences, on a

6 continuing basis.

7 (2) LINGUISTICALLY SENSITIVE SEARCHES.—

8 (A) IN GENERAL.—To satisfy the require9 ment of paragraph (1)(B), the interoperable elec10 tronic database shall be searchable based on lin11 guistically sensitive algorithms that—

12 (i) account for variations in name for13 mats and transliterations, including varied

14 spellings and varied separation or combina15 tion of name elements, within a particular

16 language; and

17 (ii) incorporate advanced linguistic,

18 mathematical, statistical, and anthropo19 logical research and methods.

20 (B) LANGUAGES REQUIRED.—

21 (i) PRIORITY LANGUAGES.—Linguis22 tically sensitive algorithms shall be devel23 oped and implemented for no fewer than 4

24 languages designated as high priorities by

25 the Secretary of State, after consultation
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1 with the Attorney General and the Director

2 of Central Intelligence.

3 (ii) IMPLEMENTATION SCHEDULE.—Of

4 the 4 linguistically sensitive algorithms re5 quired to be developed and implemented

6 under clause (i)—

7 (I) the highest priority language

8 algorithms shall be implemented with9 in 18 months after the date of enact10 ment of this Act; and

11 (II) an additional language algo12 rithm shall be implemented each suc13 ceeding year for the next three years.

14 (3) ADEQUATE USER SUPPORT.—The Secretary

15 of State and the Attorney General shall jointly pre16 scribe procedures to ensure that consular and immi17 gration officers can, as required, obtain assistance in

18 resolving identity and other questions that may arise

19 about names of aliens seeking visas or admission to

20 the United States that may be subject to variations

21 in format, transliteration, or other similar phe22 nomenon.

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

24 date of enactment of this Act, the President shall sub25 mit a report to the appropriate committees of Con-
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1 gress on the progress in implementing each require2 ment of this section.

3 (5) REPORTS BY INTELLIGENCE AGENCIES.—

4 (A) CURRENT STANDARDS.—Not later than

5 60 days after the date of enactment of this Act,

6 the Director of Central Intelligence shall com7 plete the survey and issue the report previously

8 required by section 309(a) of the Intelligence Au9 thorization Act for Fiscal Year 1998 (50 U.S.C.

10 403–3 note).

11 (B) GUIDELINES.—Not later than 120 days

12 after the date of enactment of this Act, the Direc13 tor of Intelligence shall issue the guidelines and

14 submit the copy of those guidelines previously re15 quired by section 309(b) of the Intelligence Au16 thorization Act for Fiscal Year 1998 (50 U.S.C.

17 403–3 note).

18 (6) AUTHORIZATION OF APPROPRIATIONS.—

19 There are authorized to be appropriated such sums as

20 are necessary to carry out the provisions of this sub21 section.

22 SEC. 203. COMMISSION ON INTEROPERABLE DATA SHAR23 ING.

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

25 the date of enactment of the USA PATRIOT Act, the Presi-
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1 dent shall establish a Commission on Interoperable Data

2 Sharing (in this section referred to as the ‘‘Commission’’).

3 The purposes of the Commission shall be to—

4 (1) monitor the protections described in section

5 201(c)(3);

6 (2) provide oversight of the interoperable elec7 tronic data system described in this title; and

8 (3) report to Congress annually on the Commis9 sion’s findings and recommendations.

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

11 nine members, who shall be appointed by the President, as

12 follows:

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

14 Commission.

15 (2) Eight members, who shall be appointed from

16 a list of nominees jointly provided by the Speaker of

17 the House of Representatives, the Minority Leader of

18 the House of Representatives, the Majority Leader of

19 the Senate, and the Minority Leader of the Senate.

20 (c) CONSIDERATIONS.—The Commission shall consider

21 recommendations regarding the following issues:

22 (1) Adequate protection of privacy concerns in23 herent in the design, implementation, or operation of

24 the interoperable electronic data system.
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1 (2) Timely adoption of security innovations,

2 consistent with generally accepted security standards,

3 to protect the integrity and confidentiality of infor4 mation to prevent against the risks of accidental or

5 unauthorized loss, access, destruction, use modifica6 tion, or disclosure of information.

7 (3) The adequacy of mechanisms to permit the

8 timely correction of errors in data maintained by the

9 interoperable data system.

10 (4) Other protections against unauthorized use of

11 data to guard against the misuse of the interoperable

12 data system or the data maintained by the system,

13 including recommendations for modifications to exist14 ing laws and regulations to sanction misuse of the

15 system.

16 (d) AUTHORIZATION OF APPROPRIATIONS.—There are

17 authorized to be appropriated to the Commission such sums

18 as may be necessary to carry out this section.

19 TITLE III—VISA ISSUANCE

20 SEC. 301. ELECTRONIC PROVISION OF VISA FILES.

21 Section 221(a) of the Immigration and Nationality

22 Act (8 U.S.C. 1201(a)) is amended—

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

24 subparagraphs (A) and (B), respectively;
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1 (2) by inserting ‘‘(1)’’ immediately after ‘‘(a)’’;

2 and

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

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

5 an electronic version of the visa file of an alien who has

6 been issued a visa to ensure that the data in that visa file

7 is available to immigration inspectors at the United States

8 ports of entry before the arrival of the alien at such a port

9 of entry.’’.

10 SEC. 302. IMPLEMENTATION OF AN INTEGRATED ENTRY

11 AND EXIT DATA SYSTEM.

12 (a) DEVELOPMENT OF SYSTEM.—In developing the in13 tegrated entry and exit data system for the ports of entry,

14 as required by the Immigration and Naturalization Service

15 Data Management Improvement Act of 2000 (Public Law

16 106–215), the Attorney General and the Secretary of State

17 shall—

18 (1) implement, fund, and use a technology stand19 ard under section 403(c) of the USA PATRIOT Act

20 (as amended by sections 201(c)(5) and 202(a)(3)(B))

21 at United States ports of entry and at consular posts

22 abroad;

23 (2) establish a database containing the arrival

24 and departure data from machine-readable visas,
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1 passports, and other travel and entry documents pos2 sessed by aliens; and

3 (3) make interoperable all security databases rel4 evant to making determinations of admissibility

5 under section 212 of the Immigration and Nation6 ality Act (8 U.S.C. 1182).

7 (b) IMPLEMENTATION.—In implementing the provi8 sions of subsection (a), the Immigration and Naturalization

9 Service and the Department of State shall—

10 (1) utilize technologies that facilitate the lawful

11 and efficient cross-border movement of commerce and

12 persons without compromising the safety and security

13 of the United States; and

14 (2) consider implementing the North American

15 National Security Program described in section 401.

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

17 AND EXIT DOCUMENTS.

18 (a) REPORT.—

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

20 the date of enactment of this Act, the Attorney Gen21 eral, the Secretary of State, and the National Insti22 tute of Standards and Technology (NIST), acting

23 jointly, shall submit to the appropriate committees of

24 Congress a comprehensive report assessing the actions

25 that will be necessary, and the considerations to be
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1 taken into account, to achieve fully, not later than

2 October 26, 2003—

3 (A) implementation of the requirements of

4 subsections (b) and (c); and

5 (B) deployment of the equipment and soft6 ware to allow biometric comparison of the docu7 ments described in subsections (b) and (c).

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

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

10 an estimate of the costs to be incurred, and the per11 sonnel, man-hours, and other support required, by the

12 Department of Justice, the Department of State, and

13 NIST to achieve the objectives of subparagraphs (A)

14 and (B) of paragraph (1).

15 (b) REQUIREMENTS.—

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

17 2003, the Attorney General and the Secretary of State

18 shall issue to aliens only machine-readable, tamper19 resistant visas and travel and entry documents that

20 use biometric identifiers. The Attorney General and

21 the Secretary of State shall jointly establish biometric

22 identifiers standards to be employed on such visas

23 and travel and entry documents from among those bi24 ometric identifiers recognized by domestic and inter25 national standards organizations.
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1 (2) READERS AND SCANNERS AT PORTS OF

2 ENTRY.—

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

4 26, 2003, the Attorney General, in consultation

5 with the Secretary of State, shall install at all

6 ports of entry of the United States equipment

7 and software to allow biometric comparison of

8 all United States visas and travel and entry doc9 uments issued to aliens, and passports issued

10 pursuant to subsection (c)(1).

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

12 Attorney General, in consultation with the Sec13 retary of State, shall utilize biometric data read14 ers and scanners that—

15 (i) domestic and international stand16 ards organizations determine to be highly

17 accurate when used to verify identity; and

18 (ii) can read the biometric identifiers

19 utilized under subsections (b)(1) and (c)(1).

20 (3) USE OF TECHNOLOGY STANDARD.—The sys21 tems employed to implement paragraphs (1) and (2)

22 shall utilize the technology standard established pur23 suant to section 403(c) of the USA PATRIOT Act, as

24 amended by section 201(c)(5) and 202(a)(3)(B).
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•HR 1885 EAH

1 (c) TECHNOLOGY STANDARD FOR VISA WAIVER PAR2 TICIPANTS.—

3 (1) CERTIFICATION REQUIREMENT.—Not later

4 than October 26, 2003, the government of each coun5 try that is designated to participate in the visa waiv6 er program established under section 217 of the Im7 migration and Nationality Act shall certify, as a con8 dition for designation or continuation of that des9 ignation, that it has a program to issue to its nation10 als machine-readable passports that are tamper-resist11 ant and incorporate biometric identifiers that comply

12 with applicable biometric identifiers standards estab13 lished by the International Civil Aviation Organiza14 tion. This paragraph shall not be construed to rescind

15 the requirement of section 217(a)(3) of the Immigra16 tion and Nationality Act.

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

18 after October 26, 2003, any alien applying for admis19 sion under the visa waiver program shall present a

20 passport that meets the requirements of paragraph (1)

21 unless the alien’s passport was issued prior to that

22 date.

23 (d) AUTHORIZATION OF APPROPRIATIONS.—There are

24 authorized to be appropriated such sums as may be nec-
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•HR 1885 EAH

1 essary to carry out this section, including reimbursement

2 to international and domestic standards organizations.

3 SEC. 304. TERRORIST LOOKOUT COMMITTEES.

4 (a) ESTABLISHMENT.—The Secretary of State shall re5 quire a terrorist lookout committee to be maintained within

6 each United States mission.

7 (b) PURPOSE.—The purpose of each committee estab8 lished under subsection (a) shall be—

9 (1) to utilize the cooperative resources of all ele10 ments of the United States mission in the country in

11 which the consular post is located to identify known

12 or potential terrorists and to develop information on

13 those individuals;

14 (2) to ensure that such information is routinely

15 and consistently brought to the attention of appro16 priate United States officials for use in administering

17 the immigration laws of the United States; and

18 (3) to ensure that the names of known and sus19 pected terrorists are entered into the appropriate look20 out databases.

21 (c) COMPOSITION; CHAIR.—The Secretary shall estab22 lish rules governing the composition of such committees.

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

24 monthly to share information pertaining to the committee’s

25 purpose as described in subsection (b)(2).
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•HR 1885 EAH

1 (e) PERIODIC REPORTS.—The committee shall submit

2 quarterly reports to the Secretary of State describing the

3 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 are

7 authorized to be appropriated such sums as may be nec8 essary 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 to

15 the safety or security of the United States. Such officers

16 shall be specially and extensively trained in the identifica17 tion of aliens inadmissible under section 212(a)(3) (A) and

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

19 and international intelligence sharing regarding terrorists

20 and terrorism, and cultural-sensitivity toward visa appli21 cants.

22 (b) USE OF FOREIGN INTELLIGENCE INFORMATION.—

23 As an ongoing component of the training required in sub24 section (a), the Secretary of State shall coordinate with the

25 Assistant to the President for Homeland Security, Federal
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•HR 1885 EAH

1 law enforcement agencies, and the intelligence community

2 to compile and disseminate to the Bureau of Consular Af3 fairs reports, bulletins, updates, and other current unclassi4 fied information relevant to terrorists and terrorism and

5 to screening visa applicants who pose a potential threat to

6 the safety or security of the United States.

7 (c) AUTHORIZATION OF APPROPRIATIONS.—There are

8 authorized to be appropriated such sums as may be nec9 essary to implement this section.

10 SEC. 306. RESTRICTION ON ISSUANCE OF VISAS TO NON11 IMMIGRANTS FROM COUNTRIES THAT ARE

12 STATE SPONSORS OF INTERNATIONAL TER13 RORISM.

14 (a) IN GENERAL.—No nonimmigrant visa under sec15 tion 101(a)(15) of the Immigration and Nationality Act (8

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

17 country that is a state sponsor of international terrorism

18 unless the Secretary of State determines, in consultation

19 with the Attorney General and the heads of other appro20 priate United States agencies, that such alien does not pose

21 a threat to the safety or national security of the United

22 States. In making a determination under this subsection,

23 the Secretary of State shall apply standards developed by

24 the Secretary of State, in consultation with the Attorney
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•HR 1885 EAH

1 General and the heads of other appropriate United States

2 agencies, that are applicable to the nationals of such states.

3 (b) STATE SPONSOR OF INTERNATIONAL TERRORISM

4 DEFINED.—

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

6 ‘‘state sponsor of international terrorism’’ means any

7 country the government of which has been determined

8 by the Secretary of State under any of the laws speci9 fied in paragraph (2) to have repeatedly provided

10 support for acts of international terrorism.

11 (2) LAWS UNDER WHICH DETERMINATIONS WERE

12 MADE.—The laws specified in this paragraph are the

13 following:

14 (A) Section 6(j)(1)(A) of the Export Admin15 istration Act of 1979 (or successor statute).

16 (B) Section 40(d) of the Arms Export Con17 trol Act.

18 (C) Section 620A(a) of the Foreign Assist19 ance Act of 1961.

20 SEC. 307. DESIGNATION OF PROGRAM COUNTRIES UNDER

21 THE VISA WAIVER PROGRAM.

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

23 of a country’s initial designation or continued designation

24 for participation in the visa waiver program under section

25 217 of the Immigration and Nationality Act (8 U.S.C.
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•HR 1885 EAH

1 1187), the Attorney General and the Secretary of State shall

2 consider whether the country reports to the United States

3 Government on a timely basis the theft of blank passports

4 issued by that country.

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

6 admission of an alien under the visa waiver program estab7 lished under section 217 of the Immigration and Nation8 ality Act (8 U.S.C. 1187), the Immigration and Naturaliza9 tion Service shall determine that the applicant for admis10 sion does not appear in any of the appropriate lookout

11 databases available to immigration inspectors at the time

12 the alien seeks admission to the United States.

13 SEC. 308. TRACKING SYSTEM FOR STOLEN PASSPORTS.

14 (a) ENTERING STOLEN PASSPORT IDENTIFICATION

15 NUMBERS IN THE INTEROPERABLE DATA SYSTEM.—

16 (1) IN GENERAL.—Beginning with implementa17 tion under section 202 of the law enforcement and in18 telligence data system, not later than 72 hours after

19 receiving notification of the loss or theft of a United

20 States or foreign passport, the Attorney General and

21 the Secretary of State, as appropriate, shall enter into

22 such system the corresponding identification number

23 for the lost or stolen passport.

24 (2) ENTRY OF INFORMATION ON PREVIOUSLY

25 LOST OR STOLEN PASSPORTS.—To the extent prac-
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•HR 1885 EAH

1 ticable, the Attorney General, in consultation with the

2 Secretary of State, shall enter into such system the

3 corresponding identification numbers for the United

4 States and foreign passports lost or stolen prior to the

5 implementation of such system.

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

7 enforcement and intelligence data system described in sec8 tion 202 is fully implemented, the Attorney General shall

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

10 data system being used to determine the admissibility or

11 deportability of aliens.

12 SEC. 309. IDENTIFICATION DOCUMENTS FOR CERTAIN

13 NEWLY ADMITTED ALIENS.

14 Not later than 180 days after the date of enactment

15 of this Act, the Attorney General shall ensure that, imme16 diately upon the arrival in the United States of an indi17 vidual admitted under section 207 of the Immigration and

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

19 alien being granted asylum under section 208 of such Act

20 (8 U.S.C. 1158), the alien will be issued an employment

21 authorization document. Such document shall, at a min22 imum, contain the fingerprint and photograph of such

23 alien.
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•HR 1885 EAH

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 study

6 of the feasibility of establishing a North American National

7 Security Program to enhance the mutual security and safe8 ty of the United States, Canada, and Mexico.

9 (b) STUDY ELEMENTS.—In conducting the study re10 quired by subsection (a), the officials specified in subsection

11 (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 Department

16 of State and the Immigration and Naturalization

17 Service to determine whether such travelers are ad18 missible to the United States under section 212 of the

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

20 Consideration shall be given to the feasibility of ex21 panding the preclearance program to include the

22 preclearance both of foreign nationals traveling to

23 Canada and foreign nationals traveling to Mexico.

24 (2) PREINSPECTION.—The feasibility of expand25 ing preinspection facilities at foreign airports as de-
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•HR 1885 EAH

1 scribed in section 235A of the Immigration and Na2 tionality Act (8 U.S.C. 1225). Consideration shall be

3 given to the feasibility of expanding preinspections to

4 foreign nationals on air flights destined for Canada

5 and Mexico, and the cross training and funding of in6 spectors from Canada and Mexico.

7 (3) CONDITIONS.—A determination of the meas8 ures necessary to ensure that the conditions required

9 by section 235A(a)(5) of the Immigration and Na10 tionality Act (8 U.S.C. 1225a(a)(5)) are satisfied, in11 cluding consultation with experts recognized for their

12 expertise regarding the conditions required by that

13 section.

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

15 enactment of this Act, the President shall submit to the ap16 propriate committees of Congress a report setting forth the

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

18 (d) AUTHORIZATION OF APPROPRIATIONS.—There are

19 authorized to be appropriated such sums as may be nec20 essary to carry out this section.

21 SEC. 402. PASSENGER MANIFESTS.

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

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

24 (1) by striking subsections (a), (b), (d), and (e);
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•HR 1885 EAH

1 (2) by redesignating subsection (c) as subsection

2 (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 States

7 from any place outside the United States, it shall be

8 the duty of an appropriate official specified in sub9 section (d) to provide to an immigration officer at

10 that port manifest information about each passenger,

11 crew member, and other occupant transported on such

12 vessel or aircraft prior to arrival at that port.

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

14 vessel or aircraft taking passengers on board at any seaport

15 or airport of the United States, who are destined to any

16 place outside the United States, it shall be the duty of an

17 appropriate official specified in subsection (d) to provide

18 an immigration officer before departure from such port

19 manifest information about each passenger, crew member,

20 and other occupant to be transported.

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

22 provided with respect to each person listed on a manifest

23 required to be provided under subsection (a) or (b) shall

24 include—

25 ‘‘(1) complete name;
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•HR 1885 EAH

1 ‘‘(2) date of birth;

2 ‘‘(3) citizenship;

3 ‘‘(4) sex;

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

5 ‘‘(6) country of residence;

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

7 of issuance, where applicable;

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

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

10 States; and

11 ‘‘(10) such other information the Attorney Gen12 eral, in consultation with the Secretary of State, and

13 the Secretary of Treasury determines as being nec14 essary for the identification of the persons transported

15 and for the enforcement of the immigration laws and

16 to protect safety and national security.

17 ‘‘(d) APPROPRIATE OFFICIALS SPECIFIED.—An ap18 propriate official specified in this subsection is the master

19 or commanding officer, or authorized agent, owner, or con20 signee, of the commercial vessel or aircraft concerned.

21 ‘‘(e) DEADLINE FOR REQUIREMENT OF ELECTRONIC

22 TRANSMISSION OF MANIFEST INFORMATION.—Not later

23 than January 1, 2003, manifest information required to be

24 provided under subsection (a) or (b) shall be transmitted
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•HR 1885 EAH

1 electronically by the appropriate official specified in sub2 section (d) to an immigration officer.

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

4 public carrier that is under a duty to provide manifest in5 formation under this section shall be granted clearance pa6 pers until the appropriate official specified in subsection

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

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

9 land carriers that the Attorney General determines are

10 making regular trips to the United States, the Attorney

11 General may, when expedient, arrange for the provision of

12 manifest information of persons departing the United

13 States at a later date.

14 ‘‘(g) PENALTIES AGAINST NONCOMPLYING SHIPMENTS,

15 AIRCRAFT, OR CARRIERS.—If it shall appear to the satis16 faction of the Attorney General that an appropriate official

17 specified in subsection (d), any public or private carrier,

18 or the agent of any transportation line, as the case may

19 be, has refused or failed to provide manifest information

20 required by subsection (a) or (b), or that the manifest infor21 mation provided is not accurate and full based on informa22 tion provided to the carrier, such official, carrier, or agent,

23 as the case may be, shall pay to the Commissioner the sum

24 of $300 for each person with respect to whom such accurate

25 and full manifest information is not provided, or with re-
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•HR 1885 EAH

1 spect to whom the manifest information is not prepared as

2 prescribed by this section or by regulations issued pursuant

3 thereto. No commercial vessel, aircraft, or land carrier shall

4 be granted clearance pending determination of the question

5 of the liability to the payment of such penalty, or while

6 it remains unpaid, and no such penalty shall be remitted

7 or refunded, except that clearance may be granted prior to

8 the determination of such question upon the deposit with

9 the Commissioner of a bond or undertaking approved by

10 the Attorney General or a sum sufficient to cover such pen11 alty.

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

13 requirements of subsection (a) or (b) upon such cir14 cumstances and conditions as the Attorney General may by

15 regulation prescribe.’’.

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

17 two years after the date of enactment of this Act, the Presi18 dent shall conduct a study regarding the feasibility of ex19 tending the requirements of subsections (a) and (b) of sec20 tion 231 of the Immigration and Nationality Act (8 U.S.C.

21 1221), as amended by subsection (a), to any commercial

22 carrier transporting persons by land to or from the United

23 States. The study shall focus on the manner in which such

24 requirement would be implemented to enhance the national
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•HR 1885 EAH

1 security of the United States and the efficient cross-border

2 flow of commerce and persons.

3 (c) EFFECTIVE DATE.—The amendments made by sub4 section (a) shall apply with respect to persons arriving in,

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

6 of enactment of this Act.

7 SEC. 403. TIME PERIOD FOR INSPECTIONS.

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

9 Section 286(g) of the Immigration and Nationality Act (8

10 U.S.C. 1356(g)) is amended by striking ‘‘, within forty-five

11 minutes of their presentation for inspection,’’.

12 (b) STAFFING LEVELS AT PORTS OF ENTRY.—The Im13 migration and Naturalization Service shall staff ports of

14 entry at such levels that would be adequate to meet traffic

15 flow and inspection time objectives efficiently without com16 promising the safety and security of the United States. Es17 timated staffing levels under workforce models for the Immi18 gration and Naturalization Service shall be based on the

19 goal of providing immigration services described in section

20 286(g) of such Act within 45 minutes of a passenger’s pres21 entation 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 IMPLEMEN5 TATION 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 (8

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

10 following:

11 ‘‘(3) ALIENS FOR WHOM AVISAIS REQUIRED.—

12 The Attorney General, in consultation with the Sec13 retary of State, shall establish an electronic means to

14 monitor and verify—

15 ‘‘(A) the issuance of documentation of ac16 ceptance of a foreign student by an approved in17 stitution of higher education or other approved

18 educational institution, or of an exchange visitor

19 program participant by a designated exchange

20 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 Consular

24 Affairs;
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•HR 1885 EAH

1 ‘‘(C) the issuance of a visa to a foreign stu2 dent or an exchange visitor program participant;

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

4 of the foreign student or exchange visitor pro5 gram participant;

6 ‘‘(E) the notification to an approved insti7 tution of higher education, other approved edu8 cational institution, or exchange visitor program

9 sponsor that the foreign student or exchange vis10 itor participant has been admitted into the

11 United States;

12 ‘‘(F) the registration and enrollment of that

13 foreign student in such approved institution of

14 higher education or other approved educational

15 institution, or the participation of that exchange

16 visitor in such designated exchange visitor pro17 gram, as the case may be; and

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

19 student or exchange visitor program participant,

20 including a changing of school or designated ex21 change visitor program and any termination of

22 studies or participation in a designated exchange

23 visitor program.

24 ‘‘(4) REPORTING REQUIREMENTS.—Not later

25 than 30 days after the deadline for registering for
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•HR 1885 EAH

1 classes for an academic term of an approved institu2 tion of higher education or other approved edu3 cational institution for which documentation is issued

4 for an alien as described in paragraph (3)(A), or the

5 scheduled commencement of participation by an alien

6 in a designated exchange visitor program, as the case

7 may be, the institution or program, respectively, shall

8 report to the Immigration and Naturalization Service

9 any failure of the alien to enroll or to commence par10 ticipation.’’.

11 (2) ADDITIONAL REQUIREMENTS FOR DATA TO

12 BE COLLECTED.—Section 641(c)(1) of the Illegal Im13 migration Reform and Immigrant Responsibility Act

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

15 (A) by striking ‘‘and’’ at the end of sub16 paragraph (C);

17 (B) by striking the period at the end of sub18 paragraph (D) and inserting ‘‘; and’’; and

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

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

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

22 approved institution of higher education, other

23 approved educational institution, or designated

24 exchange visitor program in the United States;
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•HR 1885 EAH

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

2 field of study; and

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

4 enrollment and the reason for such termination

5 (including graduation, disciplinary action or

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

7 (3) REPORTING REQUIREMENTS.—Section 641(c)

8 of the Illegal Immigration Reform and Immigrant

9 Responsibility Act of 1996 (8 U.S.C. 1372(c)) is

10 amended by adding at the end the following new

11 paragraph:

12 ‘‘(5) REPORTING REQUIREMENTS.—The Attorney

13 General shall prescribe by regulation reporting re14 quirements by taking into account the curriculum

15 calendar of the approved institution of higher edu16 cation, other approved educational institution, or ex17 change visitor program.’’.

18 (b) INFORMATION REQUIRED OF THE VISA APPLI19 CANT.—Prior to the issuance of a visa under subparagraph

20 (F), subparagraph (M), or, with respect to an alien seeking

21 to attend an approved institution of higher education, sub22 paragraph (J) of section 101(a)(15) of the Immigration and

23 Nationality Act (8 U.S.C. 1101(a)(15)), each alien apply24 ing for such visa shall provide to a consular officer the fol25 lowing information:
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•HR 1885 EAH

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

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

3 spouse, children, parents, and siblings.

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

5 alien’s country of residence who could verify informa6 tion about the alien.

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

8 names and addresses of employers.

9 (c) TRANSITIONAL PROGRAM.—

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

11 the date of enactment of this Act and until such time

12 as the system described in section 641 of the Illegal

13 Immigration Reform and Immigrant Responsibility

14 Act (as amended by subsection (a)) is fully imple15 mented, the following requirements shall apply:

16 (A) RESTRICTIONS ON ISSUANCE OF

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

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

19 with respect to an alien seeking to attend an ap20 proved institution of higher education, subpara21 graph (J) of section 101(a)(15) of the Immigra22 tion and Nationality Act (8 U.S.C. 1101(a)(15)),

23 unless—

24 (i) the Department of State has re25 ceived from an approved institution of high-
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•HR 1885 EAH

1 er education or other approved educational

2 institution electronic evidence of docu3 mentation of the alien’s acceptance at that

4 institution; and

5 (ii) the consular officer has adequately

6 reviewed the applicant’s visa record.

7 (B) NOTIFICATION UPON VISA ISSUANCE.—

8 Upon the issuance of a visa under section

9 101(a)(15) (F) or (M) of the Immigration and

10 Nationality Act (8 U.S.C. 1101(a)(15)(F) or

11 (M)) to an alien, the Secretary of State shall

12 transmit to the Immigration and Naturalization

13 Service a notification of the issuance of that

14 visa.

15 (C) NOTIFICATION UPON ADMISSION OF

16 ALIEN.—The Immigration and Naturalization

17 Service shall notify the approved institution of

18 higher education or other approved educational

19 institution that an alien accepted for such insti20 tution or program has been admitted to the

21 United States.

22 (D) NOTIFICATION OF FAILURE OF ENROLL23 MENT.—Not later than 30 days after the dead24 line for registering for classes for an academic

25 term, the approved institution of higher edu-
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•HR 1885 EAH

1 cation or other approved educational institution

2 shall inform the Immigration and Naturaliza3 tion Service through data-sharing arrangements

4 of any failure of any alien described in subpara5 graph (C) to enroll or to commence participa6 tion.

7 (2) REQUIREMENT TO SUBMIT LIST OF AP8 PROVED INSTITUTIONS.—Not later than 30 days after

9 the date of enactment of this Act, the Attorney Gen10 eral shall provide the Secretary of State with a list

11 of all approved institutions of higher education or

12 other approved educational institutions that are au13 thorized to receive nonimmigrants under section

14 101(a)(15) (F) or (M) of the Immigration and Na15 tionality Act (8 U.S.C. 1101(a)(15)(F) or (M)).

16 (3) AUTHORIZATION OF APPROPRIATIONS.—

17 There are authorized to be appropriated such sums as

18 may be necessary to carry out this subsection.

19 SEC. 502. REVIEW OF INSTITUTIONS AND OTHER ENTITIES

20 AUTHORIZED TO ENROLL OR SPONSOR CER21 TAIN NONIMMIGRANTS.

22 (a) PERIODIC REVIEW OF COMPLIANCE.—The Com23 missioner of Immigration and Naturalization, in consulta24 tion with the Secretary of Education, shall conduct periodic

25 reviews of the institutions certified to receive non-
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1 immigrants under section 101(a)(15) (F), (M), or (J) of

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

3 1101(a)(15)(F), (M), or (J)). Each review shall determine

4 whether the institutions are in compliance with—

5 (1) recordkeeping and reporting requirements to

6 receive nonimmigrants under section 101(a)(15) (F),

7 (M), or (J) of that Act (8 U.S.C. 1101(a)(15)(F), (M),

8 or (J)); and

9 (2) recordkeeping and reporting requirements

10 under section 641 of the Illegal Immigration Reform

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

12 1372).

13 (b) PERIODIC REVIEW OF SPONSORS OF EXCHANGE

14 VISITORS.—

15 (1) REQUIREMENT FOR REVIEWS.—The Sec16 retary of State shall conduct periodic reviews of the

17 entities designated to sponsor exchange visitor pro18 gram participants under section 101(a)(15)(J) of the

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

20 1101(a)(15)(J)).

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

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

23 determine whether the entities are in compliance

24 with—
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1 (A) recordkeeping and reporting require2 ments to receive nonimmigrant exchange visitor

3 program participants under section

4 101(a)(15)(J) of the Immigration and Nation5 ality Act (8 U.S.C. 1101(a)(15)(J)); and

6 (B) recordkeeping and reporting require7 ments under section 641 of the Illegal Immigra8 tion Reform and Immigrant Responsibility Act

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

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

11 institution or other entity to comply with the recordkeeping

12 and reporting requirements to receive nonimmigrant stu13 dents or exchange visitor program participants under sec14 tion 101(a)(15) (F), (M), or (J) of the Immigration and

15 Nationality Act (8 U.S.C. 1101(a)(15) (F), (M), or (J)),

16 or section 641 of the Illegal Immigration Reform and Im17 migrant Responsibility Act of 1996 (8 U.S.C. 1372), may,

18 at the election of the Commissioner of Immigration and

19 Naturalization or the Secretary of State, result in the ter20 mination, suspension, or limitation of the institution’s ap21 proval to receive such students or the termination of the

22 other entity’s designation to sponsor exchange visitor pro23 gram participants, as the case may be.
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1 TITLE VI—MISCELLANEOUS

2 PROVISIONS

3 SEC. 601. EXTENSION OF DEADLINE FOR IMPROVEMENT IN

4 BORDER CROSSING IDENTIFICATION CARDS.

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

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

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

8 years’’.

9 SEC. 602. GENERAL ACCOUNTING OFFICE STUDY.

10 (a) REQUIREMENT FOR STUDY.—

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

12 the United States shall conduct a study to determine

13 the feasibility and utility of implementing a require14 ment that each nonimmigrant alien in the United

15 States submit to the Commissioner of Immigration

16 and Naturalization each year a current address and,

17 where applicable, the name and address of an em18 ployer.

19 (2) NONIMMIGRANT ALIEN DEFINED.—In para20 graph (1), the term ‘‘nonimmigrant alien’’ means an

21 alien described in section 101(a)(15) of the Immigra22 tion and Nationality Act (8 U.S.C. 1101(a)(15)).

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

24 enactment of this Act, the Comptroller General shall submit

25 to Congress a report on the results of the study under sub-
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1 section (a). The report shall include the Comptroller Gen2 eral’s findings, together with any recommendations that the

3 Comptroller General considers appropriate.

4 SEC. 603. INTERNATIONAL COOPERATION.

5 (a) INTERNATIONAL ELECTRONIC DATA SYSTEM.—The

6 Secretary of State and the Commissioner of Immigration

7 and Naturalization, in consultation with the Assistant to

8 the President for Homeland Security, shall jointly conduct

9 a study of the alternative approaches (including the costs

10 of, and procedures necessary for, each alternative approach)

11 for encouraging or requiring Canada, Mexico, and countries

12 treated as visa waiver program countries under section 217

13 of the Immigration and Nationality Act to develop an inter14 governmental network of interoperable electronic data sys15 tems that—

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

17 law enforcement and intelligence information that is

18 needed by the Department of State and the Immigra19 tion and Naturalization Service to screen visa appli20 cants and applicants for admission into the United

21 States to identify aliens who are inadmissible or de22 portable under the Immigration and Nationality Act

23 (8 U.S.C. 1101 et seq.);

24 (2) is interoperable with the electronic data sys25 tem implemented under section 202; and
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1 (3) performs in accordance with implementation

2 of the technology standard referred to in section

3 202(a).

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

5 enactment of this Act, the Secretary of State and the Attor6 ney General shall submit to the appropriate committees of

7 Congress a report setting forth the findings of the study con8 ducted under subsection (a).

9 SEC. 604. STATUTORY CONSTRUCTION.

10 Nothing in this Act shall be construed to impose re11 quirements that are inconsistent with the North American

12 Free Trade Agreement or to require additional documents

13 for aliens for whom documentary requirements are waived

14 under section 212(d)(4)(B) of the Immigration and Nation15 ality Act (8 U.S.C. 1182(d)(4)(B)).

16 SEC. 605. ANNUAL REPORT ON ALIENS WHO FAIL TO AP17 PEAR AFTER RELEASE ON OWN RECOG18 NIZANCE.

19 (a) REQUIREMENT FOR REPORT.—Not later than Jan20 uary 15 of each year, the Attorney General shall submit

21 to the appropriate committees of Congress a report on the

22 total number of aliens who, during the preceding year,

23 failed to attend a removal proceeding after having been ar24 rested outside a port of entry, served a notice to appear

25 under section 239(a)(1) of the Immigration and Nation-
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1 ality Act (8 U.S.C. 1229(a)(1)), and released on the alien’s

2 own recognizance. The report shall also take into account

3 the number of cases in which there were defects in notices

4 of hearing or the service of notices of hearing, together with

5 a description and analysis of the effects, if any, that the

6 defects had on the attendance of aliens at the proceedings.

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

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

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

10 months after the date of enactment of this Act.

11 SEC. 606. RETENTION OF NONIMMIGRANT VISA APPLICA12 TIONS BY THE DEPARTMENT OF STATE.

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

14 seven years from the date of application, every application

15 for a nonimmigrant visa under section 101(a)(15) of the

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

17 in a form that will be admissible in the courts of the United

18 States or in administrative proceeding, including removal

19 proceedings under such Act, without regard to whether the

20 application was approved or denied.
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1 SEC. 607. EXTENSION OF DEADLINE FOR CLASSIFICATION

2 PETITION AND LABOR CERTIFICATION FIL3 INGS.

4 (a) IN GENERAL.—Section 245(i)(1) of the Immigra5 tion and Nationality Act (8 U.S.C. 1255(i)(1)) is

6 amended—

7 (1) in subparagraph (B)—

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

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

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

11 that is 120 days after the date on which the At12 torney General first promulgates final or interim

13 final regulations to carry out the amendments

14 made by section 607(a) of the Enhanced Border

15 Security and Visa Entry Reform Act of 2002;

16 or’’; and

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

18 such date; and’’ and inserting ‘‘before August 15,

19 2001;’’;

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

21 end; and

22 (3) by inserting after subparagraph (C) the fol23 lowing:

24 ‘‘(D) who, in the case of a beneficiary of a peti25 tion for classification described in subparagraph
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1 (B)(i) that was filed after April 30, 2001, dem2 onstrates that—

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

4 basis of such petition for classification existed be5 fore August 15, 2001; or

6 ‘‘(ii) the application for labor certification

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

8 such petition for classification was filed before

9 August 15, 2001;’’.

10 (b) EFFECTIVE DATE.—The amendments made by sub11 section (a) shall take effect as if included in the enactment

12 of the Legal Immigration Family Equity Act (114 Stat.

13 2762A–142 et seq.), as enacted into law by section 1(a)(2)

14 of Public Law 106–553.

Amend the title so as to read ‘‘An Act to enhance

the border security of the United States, and for other

purposes.’’.

Attest:

Clerk.