H. R. 3525—16
the United States from any place outside the United States, it
shall be the duty of an appropriate official specified in subsection
(d) to provide to any United States border officer (as defined in
subsection (i)) at that port manifest information about each pas-
senger, crew member, and other occupant transported on such
vessel or aircraft prior to arrival at that port.
‘‘(b) DEPARTURE MANIFESTS.—For each commercial vessel or
aircraft taking passengers on board at any seaport or airport of
the United States, who are destined to any place outside the United
States, it shall be the duty of an appropriate official specified
in subsection (d) to provide any United States border officer (as
defined in subsection (i)) before departure from such port manifest
information about each passenger, crew member, and other occu-
pant to be transported.
‘‘(c) CONTENTS OF MANIFEST.—The information to be provided
with respect to each person listed on a manifest required to be
provided under subsection (a) or (b) shall include—
‘‘(1) complete name;
‘‘(2) date of birth;
‘‘(3) citizenship;
‘‘(4) sex;
‘‘(5) passport number and country of issuance;
‘‘(6) country of residence;
‘‘(7) United States visa number, date, and place of issuance,
where applicable;
‘‘(8) alien registration number, where applicable;
‘‘(9) United States address while in the United States;
and
‘‘(10) such other information the Attorney General, in con-
sultation with the Secretary of State, and the Secretary of
Treasury determines as being necessary for the identification
of the persons transported and for the enforcement of the
immigration laws and to protect safety and national security.
‘‘(d) APPROPRIATE OFFICIALS SPECIFIED.—An appropriate official
specified in this subsection is the master or commanding officer,
or authorized agent, owner, or consignee, of the commercial vessel
or aircraft concerned.
‘‘(e) DEADLINE FOR REQUIREMENT OF ELECTRONIC TRANSMISSION
OF MANIFEST INFORMATION.—Not later than January 1, 2003, mani-
fest information required to be provided under subsection (a) or
(b) shall be transmitted electronically by the appropriate official
specified in subsection (d) to an immigration officer.
‘‘(f) PROHIBITION.—No operator of any private or public carrier
that is under a duty to provide manifest information under this
section shall be granted clearance papers until the appropriate
official specified in subsection (d) has complied with the require-
ments of this subsection, except that, in the case of commercial
vessels or aircraft that the Attorney General determines are making
regular trips to the United States, the Attorney General may,
when expedient, arrange for the provision of manifest information
of persons departing the United States at a later date.
‘‘(g) PENALTIES AGAINST NONCOMPLYING SHIPMENTS, AIRCRAFT,
OR CARRIERS.—If it shall appear to the satisfaction of the Attorney
General that an appropriate official specified in subsection (d),
any public or private carrier, or the agent of any transportation
line, as the case may be, has refused or failed to provide manifest
information required by subsection (a) or (b), or that the manifest
H. R. 3525—17
information provided is not accurate and full based on information
provided to the carrier, such official, carrier, or agent, as the case
may be, shall pay to the Commissioner the sum of $1,000 for
each person with respect to whom such accurate and full manifest
information is not provided, or with respect to whom the manifest
information is not prepared as prescribed by this section or by
regulations issued pursuant thereto. No commercial vessel or air-
craft shall be granted clearance pending determination of the ques-
tion of the liability to the payment of such penalty, or while it
remains unpaid, and no such penalty shall be remitted or refunded,
except that clearance may be granted prior to the determination
of such question upon the deposit with the Commissioner of a
bond or undertaking approved by the Attorney General or a sum
sufficient to cover such penalty.
‘‘(h) WAIVER.—The Attorney General may waive the require-
ments of subsection (a) or (b) upon such circumstances and condi-
tions as the Attorney General may by regulation prescribe.
‘‘(i) UNITED STATES BORDER OFFICER DEFINED.—In this section,
the term ‘United States border officer’ means, with respect to a
particular port of entry into the United States, any United States
official who is performing duties at that port of entry.’’.
(b) EXTENSION TO LAND CARRIERS.—
(1) STUDY.—The President shall conduct a study regarding
the feasibility of extending the requirements of subsections
(a) and (b) of section 231 of the Immigration and Nationality
Act (8 U.S.C. 1221), as amended by subsection (a), to any
commercial carrier transporting persons by land to or from
the United States. The study shall focus on the manner in
which such requirement would be implemented to enhance
the national security of the United States and the efficient
cross-border flow of commerce and persons.
(2) REPORT.—Not later than two years after the date of
enactment of this Act, the President shall submit to Congress
a report setting forth the findings of the study conducted under
paragraph (1).
(c) EFFECTIVE DATE.—The amendments made by subsection
(a) shall apply with respect to persons arriving in, or departing
from, the United States on or after the date of enactment of this
Act.
SEC. 403. TIME PERIOD FOR INSPECTIONS.
(a) REPEAL
OF TIME LIMITATION
ON INSPECTIONS.—Section
286(g) of the Immigration and Nationality Act (8 U.S.C. 1356(g))
is amended by striking ‘‘, within forty-five minutes of their presen-
tation for inspection,’’.
(b) STAFFING LEVELS AT PORTS OF ENTRY.—The Immigration
and Naturalization Service shall staff ports of entry at such levels
that would be adequate to meet traffic flow and inspection time
objectives efficiently without compromising the safety and security
of the United States. Estimated staffing levels under workforce
models for the Immigration and Naturalization Service shall be
based on the goal of providing immigration services described in
section 286(g) of such Act within 45 minutes of a passenger’s
presentation for inspection.
H. R. 3525—18
SEC. 404. JOINT UNITED STATES-CANADA PROJECTS FOR ALTER-
NATIVE INSPECTIONS SERVICES.
(a) IN GENERAL.—United States border inspections agencies,
including the Immigration and Naturalization Service, acting jointly
and under an agreement of cooperation with the Government of
Canada, may conduct joint United States-Canada inspections
projects on the international border between the two countries.
Each such project may provide alternative inspections services and
shall undertake to harmonize the criteria for inspections applied
by the two countries in implementing those projects.
(b) ANNUAL REPORT.—The Attorney General and the Secretary
of the Treasury shall prepare and submit annually to Congress
a report on the joint United States-Canada inspections projects
conducted under subsection (a).
(c) EXEMPTION
FROM ADMINISTRATIVE PROCEDURE ACT
AND
PAPERWORK REDUCTION ACT.—Subchapter II of chapter 5 of title
5, United States Code (commonly referred to as the ‘‘Administrative
Procedure Act’’) and chapter 35 of title 44, United States Code
(commonly referred to as the ‘‘Paperwork Reduction Act’’) shall
not apply to fee setting for services and other administrative
requirements relating to projects described in subsection (a), except
that fees and forms established for such projects shall be published
as a notice in the Federal Register.
TITLE V—FOREIGN STUDENTS AND
EXCHANGE VISITORS
SEC. 501. FOREIGN STUDENT MONITORING PROGRAM.
(a) STRENGTHENING REQUIREMENTS FOR IMPLEMENTATION OF
MONITORING PROGRAM.—
(1) MONITORING AND VERIFICATION OF INFORMATION.—Sec-
tion 641(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372(a)) is amended by
adding at the end the following:
‘‘(3) ALIENS FOR WHOM A VISA IS REQUIRED.—The Attorney
General, in consultation with the Secretary of State, shall estab-
lish an electronic means to monitor and verify—
‘‘(A) the issuance of documentation of acceptance of
a foreign student by an approved institution of higher
education or other approved educational institution, or of
an exchange visitor program participant by a designated
exchange visitor program;
‘‘(B) the transmittal of the documentation referred to
in subparagraph (A) to the Department of State for use
by the Bureau of Consular Affairs;
‘‘(C) the issuance of a visa to a foreign student or
an exchange visitor program participant;
‘‘(D) the admission into the United States of the foreign
student or exchange visitor program participant;
‘‘(E) the notification to an approved institution of
higher education, other approved educational institution,
or exchange visitor program sponsor that the foreign stu-
dent or exchange visitor participant has been admitted
into the United States;
H. R. 3525—19
‘‘(F) the registration and enrollment of that foreign
student in such approved institution of higher education
or other approved educational institution, or the participa-
tion of that exchange visitor in such designated exchange
visitor program, as the case may be; and
‘‘(G) any other relevant act by the foreign student
or exchange visitor program participant, including a
changing of school or designated exchange visitor program
and any termination of studies or participation in a 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 institution of higher education or other
approved educational institution for which documentation is
issued for an alien as described in paragraph (3)(A), or the
scheduled commencement of participation by an alien in a
designated exchange visitor program, as the case may be, the
institution or program, respectively, shall report to the
Immigration and Naturalization Service any failure of the alien
to enroll or to commence participation.’’.
(2) ADDITIONAL
REQUIREMENTS
FOR
DATA
TO
BE
COL-
LECTED.—Section 641(c)(1) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(c)(1))
is amended—
(A) by striking ‘‘and’’ at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph
(D) and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(E) the date of entry and port of entry;
‘‘(F) the date of the alien’s enrollment in an approved
institution of higher education, other approved educational
institution, or designated exchange visitor program in the
United States;
‘‘(G) the degree program, if applicable, and field of
study; and
‘‘(H) the date of the alien’s termination of enrollment
and the reason for such termination (including graduation,
disciplinary action or other dismissal, and failure to re-
enroll).’’.
(3) REPORTING REQUIREMENTS.—Section 641(c) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1372(c)) is amended by adding at the end the following
new paragraph:
‘‘(5) REPORTING
REQUIREMENTS.—The Attorney General
shall prescribe by regulation reporting requirements by taking
into account the curriculum calendar of the approved institution
of higher education, other approved educational institution,
or exchange visitor program.’’.
(b) INFORMATION REQUIRED
OF
THE VISA APPLICANT.—Prior
to the issuance of a visa under subparagraph (F), subparagraph
(M), or, with respect to an alien seeking to attend an approved
institution of higher education, subparagraph (J) of section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)), each alien applying for such visa shall provide to
a consular officer the following information:
(1) The alien’s address in the country of origin.