(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
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.—
(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.
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).
(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-
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
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
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.
(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.
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
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);
(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—
‘‘(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
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
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-
hance the national security of the United States and the
efficient cross-border flow of commerce and persons.
(c) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply with respect to persons arriving
in, or departing from, the United States on or after the
date of enactment of this Act.
SEC. 403. TIME PERIOD FOR INSPECTIONS.
(a) REPEAL
OF TIME LIMITATION
ON INSPEC-
TIONS.—Section 286(g) of the Immigration and Nation-
ality Act (8 U.S.C. 1356(g)) is amended by striking ‘‘,
within forty-five minutes of their presentation for inspec-
tion,’’.
(b) STAFFING LEVELS AT PORTS OF ENTRY.—The
Immigration and Naturalization Service shall staff ports
of entry at such levels that would be adequate to meet
traffic flow and inspection time objectives efficiently with-
out compromising the safety and security of the United
States. Estimated staffing levels under workforce models
for the Immigration and Naturalization Service shall be
based on the goal of providing immigration services de-
scribed in section 286(g) of such Act within 45 minutes
of a passenger’s presentation for inspection.
TITLE V—FOREIGN STUDENTS
AND EXCHANGE VISITORS
SEC. 501. FOREIGN STUDENT MONITORING PROGRAM.
(a) STRENGTHENING REQUIREMENTS FOR IMPLE-
MENTATION OF MONITORING PROGRAM.—
(1) MONITORING AND VERIFICATION OF INFOR-
MATION.—Section 641(a) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1372(a)) is amended by adding at the end
the following:
‘‘(3) ALIENS
FOR
WHOM
A
VISA
IS
RE-
QUIRED.—The Attorney General, in consultation
with the Secretary of State, shall establish an elec-
tronic means to monitor and verify—
‘‘(A) the issuance of documentation of ac-
ceptance of a foreign student by an approved
institution of higher education or other ap-
proved educational institution, or of an ex-
change visitor program participant by a des-
ignated exchange visitor program;
‘‘(B) the transmittal of the documentation
referred to in subparagraph (A) to the Depart-
ment of State for use by the Bureau of Con-
sular Affairs;
‘‘(C) the issuance of a visa to a foreign
student or an exchange visitor program partici-
pant;
‘‘(D) the admission into the United States
of the foreign student or exchange visitor pro-
gram participant;
‘‘(E) the notification to an approved insti-
tution of higher education, other approved edu-
cational institution, or exchange visitor program
sponsor that the foreign student or exchange
visitor participant has been admitted into the
United States;
‘‘(F) the registration and enrollment of
that foreign student in such approved institu-
tion of higher education or other approved edu-
cational institution, or the participation of that
exchange visitor in such designated exchange
visitor program, as the case may be; and
‘‘(G) any other relevant act by the foreign
student or exchange visitor program partici-
pant, including a changing of school or des-
ignated exchange visitor program and any ter-
mination of studies or participation in a des-
ignated exchange visitor program.
‘‘(4) REPORTING
REQUIREMENTS.—Not later
than 30 days after the deadline for registering for
classes for an academic term of an approved institu-
tion of higher education or other approved edu-
cational institution for which documentation is
issued for an alien as described in paragraph (3)(A),
or the scheduled commencement of participation by
an alien in a designated exchange visitor program,
as the case may be, the institution or program, re-
spectively, shall report to the Immigration and Nat-
uralization Service any failure of the alien to enroll
or to commence participation.’’.
(2) ADDITIONAL REQUIREMENTS FOR DATA TO
BE
COLLECTED.—Section 641(c)(1) of the Illegal
Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1372(c)(1)) is amended—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (C);
(B) by striking the period at the end of
subparagraph (D) and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(E) the date of entry and port of entry;
‘‘(F) the date of the alien’s enrollment in
an approved institution of higher education,
other approved educational institution, or des-
ignated exchange visitor program in the United
States;
‘‘(G) the degree program, if applicable, and
field of study; and
‘‘(H) the date of the alien’s termination of
enrollment and the reason for such termination
(including graduation, disciplinary action or
other dismissal, and failure to re-enroll).’’.
(3) 
REPORTING
REQUIREMENTS.—Section
641(c) of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C. 1372(c))
is amended by adding at the end the following new
paragraph:
‘‘(5) REPORTING REQUIREMENTS.—The Attor-
ney General shall prescribe by regulation reporting
requirements by taking into account the curriculum
calendar of the approved institution of higher edu-
cation, other approved educational institution, or ex-
change visitor program.’’.
(b) INFORMATION REQUIRED OF THE VISA APPLI-
CANT.—Prior to the issuance of a visa under subpara-
graph (F), subparagraph (M), or, with respect to an alien
seeking to attend an approved institution of higher edu-
cation, subparagraph (J) of section 101(a)(15) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a)(15)),
each alien applying for such visa shall provide to a con-
sular officer the following information:
(1) The alien’s address in the country of origin.
(2) The names and addresses of the alien’s
spouse, children, parents, and siblings.
(3) The names of contacts of the alien in the
alien’s country of residence who could verify infor-
mation about the alien.
(4) Previous work history, if any, including the
names and addresses of employers.
(c) TRANSITIONAL PROGRAM.—
(1) IN
GENERAL.—Not later than 120 days
after the date of enactment of this Act and until
such time as the system described in section 641 of
the Illegal Immigration Reform and Immigrant Re-
sponsibility Act (as amended by subsection (a)) is
fully implemented, the following requirements shall
apply:
(A) 
RESTRICTIONS
ON
ISSUANCE
OF
VISAS.—A visa may not be issued to an alien
under subparagraph (F), subparagraph (M), or,
with respect to an alien seeking to attend an
approved institution of higher education, sub-
paragraph (J) of section 101(a)(15) of the Im-
migration and Nationality Act (8 U.S.C.
1101(a)(15)), unless—
(i) the Department of State has re-
ceived from an approved institution of
higher education or other approved edu-
cational institution electronic evidence of
documentation of the alien’s acceptance at
that institution; and
(ii) the consular officer has adequately
reviewed the applicant’s visa record.
(B) 
NOTIFICATION
UPON
VISA
ISSUANCE.—Upon the issuance of a visa under
section 101(a)(15) (F) or (M) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C.
1101(a)(15)(F) or (M)) to an alien, the Sec-
retary of State shall transmit to the Immigra-
tion and Naturalization Service a notification of
the issuance of that visa.
(C) NOTIFICATION
UPON
ADMISSION
OF
ALIEN.—The Immigration and Naturalization
Service shall notify the approved institution of
higher education or other approved educational
institution that an alien accepted for such insti-
tution or program has been admitted to the
United States.
(D) NOTIFICATION
OF
FAILURE
OF
EN-
ROLLMENT.—Not later than 30 days after the
deadline for registering for classes for an aca-
demic term, the approved institution of higher
education or other approved educational institu-
tion shall inform the Immigration and Natu-
ralization Service through data-sharing ar-
rangements of any failure of any alien described
in subparagraph (C) to enroll or to commence
participation.
(2) REQUIREMENT
TO
SUBMIT
LIST
OF
AP-
PROVED
INSTITUTIONS.—Not later than 30 days
after the date of enactment of this Act, the Attorney
General shall provide the Secretary of State with a
list of all approved institutions of higher education
or other approved educational institutions that are
authorized to receive nonimmigrants under section
101(a)(15) (F) or (M) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(15)(F) or (M)).
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated such sums
as may be necessary to carry out this subsection.
SEC. 502. REVIEW OF INSTITUTIONS AND OTHER ENTITIES
AUTHORIZED TO ENROLL OR SPONSOR CER-
TAIN NONIMMIGRANTS.
(a) PERIODIC REVIEW OF COMPLIANCE.—The Com-
missioner of Immigration and Naturalization, in consulta-
tion with the Secretary of Education, shall conduct peri-
odic reviews of the institutions certified to receive non-
immigrants under section 101(a)(15) (F), (M), or (J) of
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1101(a)(15)(F), (M), or (J)). Each review shall determine
whether the institutions are in compliance with—
(1) recordkeeping and reporting requirements
to receive nonimmigrants under section 101(a)(15)
(F), 
(M), 
or 
(J) 
of 
that 
Act 
(8 
U.S.C.
1101(a)(15)(F), (M), or (J)); and
(2) recordkeeping and reporting requirements
under section 641 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C.
1372).
(b) PERIODIC REVIEW OF SPONSORS OF EXCHANGE
VISITORS.—
(1) REQUIREMENT
FOR
REVIEWS.—The Sec-
retary of State shall conduct periodic reviews of the
entities designated to sponsor exchange visitor pro-
gram participants under section 101(a)(15)(J) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(J)).
(2) DETERMINATIONS.—On the basis of reviews
of entities under paragraph (1), the Secretary shall
determine whether the entities are in compliance
with—
(A) recordkeeping and reporting require-
ments to receive nonimmigrant exchange visitor
program 
participants 
under 
section
101(a)(15)(J) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(J)); and
(B) recordkeeping and reporting require-
ments under section 641 of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1372).
(c) EFFECT OF FAILURE TO COMPLY.—Failure of an
institution or other entity to comply with the record-
keeping and reporting requirements to receive non-
immigrant students or exchange visitor program partici-
pants under section 101(a)(15) (F), (M), or (J) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)
(F), (M), or (J)), or section 641 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1372), may, at the election of the Commissioner
of Immigration and Naturalization or the Secretary of
State, result in the termination, suspension, or limitation
of the institution’s approval to receive such students or
the termination of the other entity’s designation to spon-
sor exchange visitor program participants, as the case may
be.
TITLE VI—MISCELLANEOUS
PROVISIONS
SEC. 601. EXTENSION OF DEADLINE FOR IMPROVEMENT IN
BORDER CROSSING IDENTIFICATION CARDS.
Section 104(b)(2) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101
note) is amended by striking ‘‘5 years’’ and inserting ‘‘6
years’’.
SEC. 602. GENERAL ACCOUNTING OFFICE STUDY.
(a) REQUIREMENT FOR STUDY.—
(1) IN GENERAL.—The Comptroller General of
the United States shall conduct a study to determine
the feasibility and utility of implementing a require-
ment that each nonimmigrant alien in the United
States submit to the Commissioner of Immigration
and Naturalization each year a current address and,
where applicable, the name and address of an em-
ployer.
(2) NONIMMIGRANT ALIEN DEFINED.—In para-
graph (1), the term ‘‘nonimmigrant alien’’ means an
alien described in section 101(a)(15) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(15)).
(b) REPORT.—Not later than 1 year after the date
of enactment of this Act, the Comptroller General shall
submit to Congress a report on the results of the study
under subsection (a). The report shall include the Comp-
troller General’s findings, together with any recommenda-
tions that the Comptroller General considers appropriate.
SEC. 603. INTERNATIONAL COOPERATION.
(a) INTERNATIONAL ELECTRONIC DATA SYSTEM.—
The Secretary of State and the Commissioner of Immigra-
tion and Naturalization, in consultation with the Assistant
to the President for Homeland Security, shall jointly con-
duct a study of the alternative approaches (including the
costs of, and procedures necessary for, each alternative ap-
proach) for encouraging or requiring Canada, Mexico, and
countries treated as visa waiver program countries under
section 217 of the Immigration and Nationality Act to de-
velop an intergovernmental network of interoperable elec-
tronic data systems that—
(1) facilitates real-time access to that country’s
law enforcement and intelligence information that is
needed by the Department of State and the Immi-
gration and Naturalization Service to screen visa ap-
plicants and applicants for admission into the
United States to identify aliens who are inadmissible
or deportable under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.);
(2) is interoperable with the electronic data sys-
tem implemented under section 202; and
(3) performs in accordance with implementation
of the technology standard referred to in section
202(a).
(b) REPORT.—Not later than 1 year after the date
of enactment of this Act, the Secretary of State and the
Attorney General shall submit to the appropriate commit-
tees of Congress a report setting forth the findings of the
study conducted under subsection (a).
SEC. 604. STATUTORY CONSTRUCTION.
Nothing in this Act shall be construed to impose re-
quirements that are inconsistent with the North American
Free Trade Agreement or to require additional documents
for aliens for whom documentary requirements are waived
under section 212(d)(4)(B) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(d)(4)(B)).
SEC. 605. ANNUAL REPORT ON ALIENS WHO FAIL TO AP-
PEAR AFTER RELEASE ON OWN RECOG-
NIZANCE.
(a) REQUIREMENT FOR REPORT.—Not later than
January 15 of each year, the Attorney General shall sub-
mit to the appropriate committees of Congress a report
on the total number of aliens who, during the preceding
year, failed to attend a removal proceeding after having
been arrested outside a port of entry, served a notice to
appear under section 239(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1229(a)(1)), and released on
the alien’s own recognizance. The report shall also take
into account the number of cases in which there were de-
fects in notices of hearing or the service of notices of hear-
ing, together with a description and analysis of the effects,
if any, that the defects had on the attendance of aliens
at the proceedings.
(b) INITIAL REPORT.—Notwithstanding the time for
submission of the annual report provided in subsection (a),
the report for 2001 shall be submitted not later than 6
months after the date of enactment of this Act.
SEC. 606. RETENTION OF NONIMMIGRANT VISA APPLICA-
TIONS BY THE DEPARTMENT OF STATE.
The Department of State shall retain, for a period
of seven years from the date of application, every applica-
tion for a nonimmigrant visa under section 101(a)(15) of
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1101(a)(15)) in a form that will be admissible in the
courts of the United States or in administrative pro-
ceeding, including removal proceedings under such Act,
without regard to whether the application was approved
or denied.
Passed the House of Representatives December 19,
2001.
Attest:
Clerk.
107TH CONGRESS
1ST SESSION
H. R. 3525
AN ACT
To enhance the border security of the United
States, and for other purposes.