I
107TH CONGRESS
1ST SESSION
H. R. 3052
To amend the Immigration and Nationality Act to require that nonimmigrant
visa applicants provide fingerprints.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 5, 2001
Mr. GREEN of Texas introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to require
that nonimmigrant visa applicants provide fingerprints.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Visa Information Secu-
rity Act of 2001’’.
SEC. 2. REQUIREMENT FOR BIOMETRIC IDENTIFIER FOR
NONIMMIGRANT APPLICANTS FOR ADMIS-
SION.
(a) REQUIREMENT FOR NONIMMIGRANT VISA APPLI-
CATION.—Section 221(b) of the Immigration and Nation-
ality Act (8 U.S.C. 1201(b)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
(2) by inserting at the end the following new
paragraph:
‘‘(2) Each alien who applies for a nonimmigrant visa
shall submit a biometric identifier (such as the finger-
prints or handprint of the alien) that is machine readable,
at such time and in such manner as shall be determined
by regulation by the Attorney General and the Secretary
of State. A biometric identifier shall be required to be con-
tained on the visa or other documentation required for ad-
mission at the port of entry. The Attorney General may,
in the discretion of the Attorney General and on the basis
of reciprocity pursuant to such regulations as the Attorney
General may prescribe, waive the requirement of a biomet-
ric identifier in the case of any nonimmigrant.
(b) MATCH REQUIREMENT FOR ADMISSION.—Sec-
tion 221(f) of the Immigration and Nationality Act (8
U.S.C. 1201(f)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(f)’’; and
(2) by inserting at the end the following new
paragraph:
‘‘(2) Each alien presenting a nonimmigrant visa and
other documents required at the port of entry is not per-
mitted to enter the United States unless the biometric
identifier contained on the documents matches the appro-
priate biometric characteristic of the alien.’’.
(c) DATABASE CROSSCHECK.—The Attorney General
and the Secretary of State, jointly, shall by regulation re-
quire that prior to the issuance of a nonimmigrant visa,
the biometric identifier of each applicant shall be
crosschecked with appropriate databases (including the
databases of the criminal justice information services divi-
sion of the Department of Justice) for information regard-
ing the police and criminal record, if any, of such alien
and such other information as may be appropriate.
(d) IMPLEMENTATION.—The Attorney General and
the Secretary of State shall ensure that officials at con-
sular offices abroad with the responsibility to consider ap-
plications for nonimmigrant visas and immigration offi-
cials at points of entry have the technology and training
to carry out this section and the amendments made by
this section.
(e) FEES.—
(1) ESTABLISHMENT.—The Attorney General
shall establish a fee, which the Attorney General
may periodically revise, to be imposed on, and col-
lected from, all nonimmigrant aliens prior to the
issuance of a visa. The amount of the fee shall be
based on the Attorney General’s estimate of the cost
per alien of implementing this section and the
amendments made by this section.
(2) USE.—Fees collected under paragraph (1)
shall be deposited as offsetting receipts into a sepa-
rate account in the Treasury and shall remain avail-
able until expended for the Attorney General to re-
imburse any appropriation the amount paid out for
expenses in carrying out this section.
(f) REPORT TO CONGRESS.—At least annually, the
Attorney General shall submit to the Congress a report
concerning the implementation of this section and the
amendments made by this section and use of the waiver
authority under section 221(b)(2) of the Immigration and
Nationality Act. Such reports may be submitted in classi-
fied and unclassified form.
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