•HRES 365 ATH
dental 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 interoper-
able data system or the data maintained by the sys-
tem, 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.
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 Serv-
ice an electronic version of the visa file of an alien who
•HRES 365 ATH
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 Sec-
retary of State shall—
(1) implement, fund, and use a technology
standard under section 403(c) of the USA PA-
TRIOT Act (as amended by sections 201(c)(5) and
202(a)(3)(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 Nation-
ality Act (8 U.S.C. 1182).
•HRES 365 ATH
(b) IMPLEMENTATION.—In implementing the provi-
sions of subsection (a), the Immigration and Naturaliza-
tion Service and the Department of State shall—
(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), act-
ing jointly, shall submit to the appropriate commit-
tees of Congress a comprehensive report assessing
the actions that will be necessary, and the consider-
ations to be taken into account, to achieve fully, not
later than October 26, 2003—
(A) implementation of the requirements of
subsections (b) and (c); and
•HRES 365 ATH
(B) deployment of the equipment and soft-
ware to allow biometric comparison of the docu-
ments described in subsections (b) and (c).
(2) ESTIMATES.—In addition to the assessment
required by paragraph (1), each report shall include
an estimate of the costs to be incurred, and the per-
sonnel, 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,
2003, the Attorney General and the Secretary of
State shall issue to aliens only machine-readable,
tamper-resistant visas and travel and entry docu-
ments that use biometric identifiers. The Attorney
General and the Secretary of State shall jointly es-
tablish biometric identifiers standards to be em-
ployed on such visas and 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, 2003, the Attorney General, in consultation
•HRES 365 ATH
with the Secretary of State, shall install at all
ports of entry of the United States equipment
and software to allow biometric comparison of
all United States visas and 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 stand-
ards organizations determine to be highly
accurate when used to verify identity; and
(ii) can read the biometric identifiers
utilized under subsections (b)(1) and
(c)(1).
(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)(3)(B).
(c) TECHNOLOGY STANDARD FOR VISA WAIVER PAR-
TICIPANTS.—
•HRES 365 ATH
(1) CERTIFICATION REQUIREMENT.—Not later
than October 26, 2003, 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 des-
ignation, that it has a program to issue to its na-
tionals machine-readable passports that are tamper-
resistant and incorporate biometric identifiers that
comply with applicable biometric identifiers stand-
ards 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, 2003, any alien applying for ad-
mission under the visa waiver program 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 reimburse-
ment to international and domestic standards organiza-
tions.
•HRES 365 ATH
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.
(b) PURPOSE.—The purpose of each committee es-
tablished under subsection (a) shall be—
(1) to utilize the cooperative resources of all ele-
ments of the United States mission in the country
in which the consular post is located to identify
known or potential terrorists and to develop infor-
mation on those individuals;
(2) to ensure that such information is routinely
and consistently brought to the attention of appro-
priate United States officials for use in admin-
istering the immigration laws of the United States;
and
(3) to ensure that the names of known and sus-
pected terrorists are entered into the appropriate
lookout databases.
(c) COMPOSITION; CHAIR.—The Secretary shall es-
tablish rules governing the composition of such commit-
tees.
(d) MEETINGS.—The committee shall meet at least
monthly to share information pertaining to the commit-
tee’s purpose as described in subsection (b)(2).
•HRES 365 ATH
(e) PERIODIC REPORTS.—The committee shall sub-
mit quarterly reports to the Secretary of State describing
the committee’s activities, whether or not information on
known or suspected terrorists was developed during the
quarter.
(f) 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 re-
sponsibilities, 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 offi-
cers shall be specially and extensively trained in the identi-
fication of aliens inadmissible under section 212(a)(3) (A)
and (B) of the Immigration and Nationality Act, inter-
agency and international intelligence sharing regarding
terrorists and terrorism, and cultural-sensitivity toward
visa applicants.
(b) USE
OF FOREIGN INTELLIGENCE INFORMA-
TION.—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 Secu-
•HRES 365 ATH
rity, Federal law enforcement agencies, and the intel-
ligence community to compile and disseminate to the Bu-
reau of Consular Affairs reports, bulletins, updates, and
other current unclassified information relevant to terror-
ists 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 NON-
IMMIGRANTS FROM COUNTRIES THAT ARE
STATE SPONSORS OF INTERNATIONAL TER-
RORISM.
(a) IN GENERAL.—No nonimmigrant visa under sec-
tion 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 appro-
priate 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 sub-
section, the Secretary of State shall apply standards devel-
oped by the Secretary of State, in consultation with the
•HRES 365 ATH
Attorney General and the heads of other appropriate
United States agencies, that are applicable to the nation-
als 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 de-
termined 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 Ad-
ministration Act of 1979 (or successor statute).
(B) Section 40(d) of the Arms Export
Control Act.
(C) Section 620A(a) of the Foreign Assist-
ance Act of 1961.
SEC. 307. DESIGNATION OF PROGRAM COUNTRIES UNDER
THE VISA WAIVER PROGRAM.
(a) REPORTING PASSPORT THEFTS.—As a condition
of a country’s initial designation or continued designation
for participation in the visa waiver program under section
•HRES 365 ATH
217 of the Immigration and Nationality Act (8 U.S.C.
1187), the Attorney General and the Secretary of State
shall consider whether the country reports to the United
States Government on a timely basis the theft of blank
passports issued by that country.
(b) CHECK OF LOOKOUT DATABASES.—Prior to the
admission of an alien under the visa waiver program es-
tablished under section 217 of the Immigration and Na-
tionality Act (8 U.S.C. 1187), the Immigration and Natu-
ralization Service shall determine that the applicant for
admission does not appear in any of the appropriate look-
out 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 implementa-
tion 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 Gen-
eral and the Secretary of State, as appropriate, shall
enter into such system the corresponding identifica-
tion number for the lost or stolen passport.
•HRES 365 ATH
(2) ENTRY OF INFORMATION ON PREVIOUSLY
LOST OR STOLEN PASSPORTS.—To the extent prac-
ticable, 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 sec-
tion 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, imme-
diately upon the arrival in the United States of an indi-
vidual admitted under 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 min-
imum, contain the fingerprint and photograph of such
alien.
•HRES 365 ATH
TITLE IV—ADMISSION AND
INSPECTION OF ALIENS
SEC. 401. STUDY OF THE FEASIBILITY OF A NORTH AMER-
ICAN 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 re-
quired by subsection (a), the officials specified in sub-
section (a) shall consider the following:
(1) PRECLEARANCE.—The feasibility of estab-
lishing a program enabling foreign national travelers
to the United States to submit voluntarily to a
preclearance procedure established by the Depart-
ment of State and the Immigration and Naturaliza-
tion 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 ex-
panding preinspection facilities at foreign airports as
•HRES 365 ATH
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 des-
tined 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 re-
quired by section 235A(a)(5) of the Immigration
and Nationality Act (8 U.S.C. 1225a(a)(5)) are sat-
isfied, 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);
•HRES 365 ATH
(2) by redesignating subsection (c) as sub-
section (i); and
(3) by inserting after ‘‘SEC. 231.’’ the following
new subsections: ‘‘(a) ARRIVAL MANIFESTS.—For
each commercial vessel or aircraft transporting any
person to any seaport or airport of 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 an immigration offi-
cer at that port manifest information about each
passenger, crew member, and other occupant trans-
ported 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 sea-
port 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 pro-
vide an immigration officer 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 mani-
fest required to be provided under subsection (a) or (b)
shall include—
•HRES 365 ATH
‘‘(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 applica-
ble;
‘‘(9) United States address while in the United
States; and
‘‘(10) such other information the Attorney Gen-
eral, in consultation with the Secretary of State, and
the Secretary of Treasury determines as being nec-
essary for the identification of the persons trans-
ported and for the enforcement of the immigration
laws and to protect safety and national security.
‘‘(d) APPROPRIATE OFFICIALS SPECIFIED.—An ap-
propriate official specified in this subsection is the master
or commanding officer, or authorized agent, owner, or con-
signee, 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
•HRES 365 ATH
be provided under subsection (a) or (b) shall be trans-
mitted 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 in-
formation under this section shall be granted clearance pa-
pers until the appropriate official specified in subsection
(d) has complied with the requirements of this subsection,
except that in the case of commercial vessels, aircraft, or
land carriers 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 SHIP-
MENTS, AIRCRAFT, OR CARRIERS.—If it shall appear to
the satisfaction of the Attorney General that an appro-
priate official specified in subsection (d), any public or pri-
vate 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 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 Com-
missioner the sum of $300 for each person with respect
•HRES 365 ATH
to whom such accurate and full manifest information is
not provided, or with respect to whom the manifest infor-
mation is not prepared as prescribed by this section or
by regulations issued pursuant thereto. No commercial
vessel, aircraft, or land carrier 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 Gen-
eral or a sum sufficient to cover such penalty.
‘‘(h) WAIVER.—The Attorney General may waive the
requirements of subsection (a) or (b) upon such cir-
cumstances and conditions as the Attorney General may
by regulation prescribe.’’.
(b) EXTENSION TO LAND CARRIERS.—Not later than
two years after the date of enactment of this Act, 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 com-
mercial 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 en-