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 Nation-
ality 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:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘En-
hanced Border Security and Visa Entry Reform Act of
2002’’.
(b) TABLE OF CONTENTS.—The table of contents for
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 in-
frastructure.
Sec. 103. Machine-readable visa fees.
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 name-
matching 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 coun-
tries 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 Pro-
gram.
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.
SEC. 2. DEFINITIONS.
In this Act:
(1) ALIEN.—The term ‘‘alien’’ has the meaning
given the term in section 101(a)(3) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(3)).
(2) APPROPRIATE COMMITTEES OF CONGRESS.—
The term ‘‘appropriate committees of Congress’’
means the following:
(A) The Committee on the Judiciary, the
Select Committee on Intelligence, and the Com-
mittee on Foreign Relations of the Senate.
(B) The Committee on the Judiciary, the
Permanent Select Committee on Intelligence, and
the Committee on International Relations of the
House of Representatives.
(3) FEDERAL LAW ENFORCEMENT AGENCIES.—
The term ‘‘Federal law enforcement agencies’’ means
the following:
(A) The United States Secret Service.
(B) The Drug Enforcement Administration.
(C) The Federal Bureau of Investigation.
(D) The Immigration and Naturalization
Service.
(E) The United States Marshall Service.
(F) The Naval Criminal Investigative Serv-
ice.
(G) The Coastal Security Service.
(H) The Diplomatic Security Service.
(I) The United States Postal Inspection
Service.
(J) The Bureau of Alcohol, Tobacco, and
Firearms.
(K) The United States Customs Service.
(L) The National Park Service.
(4) INTELLIGENCE COMMUNITY.—The term ‘‘in-
telligence community’’ has the meaning given that
term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)).
(5) PRESIDENT.—The term ‘‘President’’ means
the President of the United States, acting through the
Assistant to the President for Homeland Security, in
coordination with the Secretary of State, the Commis-
sioner of Immigration and Naturalization, the Attor-
ney General, the Director of Central Intelligence, the
Director of the Federal Bureau of Investigation, the
Secretary of Transportation, the Commissioner of
Customs, and the Secretary of the Treasury.
(6) USA PATRIOT ACT.—The term ‘‘USA PA-
TRIOT Act’’ means the Uniting and Strengthening
America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism (USA PATRIOT
ACT) Act of 2001 (Public Law 107–56).
TITLE I—FUNDING
SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR HIR-
ING 
AND 
TRAINING 
GOVERNMENT 
PER-
SONNEL.
(a) ADDITIONAL PERSONNEL.—
(1) INS INSPECTORS.—Subject to the avail-
ability of appropriations, during each of the fiscal
years 2002 through 2006, the Attorney General shall
increase the number of inspectors and associated sup-
port staff in the Immigration and Naturalization
Service by the equivalent of at least 200 full-time em-
ployees over the number of inspectors and associated
support staff in the Immigration and Naturalization
Service authorized by the USA PATRIOT Act.
(2) INS INVESTIGATIVE PERSONNEL.—Subject to
the availability of appropriations, during each of the
fiscal years 2002 through 2006, the Attorney General
shall increase the number of investigative and associ-
ated support staff of the Immigration and Natu-
ralization Service by the equivalent of at least 200
full-time employees over the number of investigators
and associated support staff in the Immigration and
Naturalization Service authorized by the USA PA-
TRIOT Act.
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated such sums as
may be necessary to carry out this subsection, includ-
ing such sums as may be necessary to provide facili-
ties, attorney personnel and support staff, and other
resources needed to support the increased number of
inspectors, investigative staff, and associated support
staff.
(b) WAIVER OF FTE LIMITATION.—The Attorney Gen-
eral is authorized to waive any limitation on the number
of full-time equivalent personnel assigned to the Immigra-
tion and Naturalization Service.
(c) AUTHORIZATION OF APPROPRIATIONS FOR INS
STAFFING.—
(1) IN GENERAL.—There are authorized to be ap-
propriated for the Department of Justice such sums
as may be necessary to provide an increase in the an-
nual rate of basic pay—
(A) for all journeyman Border Patrol
agents and inspectors who have completed at
least one year’s service and are receiving an an-
nual rate of basic pay for positions at GS–9 of
the General Schedule under section 5332 of title
5, United States Code, from the annual rate of
basic pay payable for positions at GS–9 of the
General Schedule under such section 5332, to an
annual rate of basic pay payable for positions at
GS–11 of the General Schedule under such sec-
tion 5332;
(B) for inspections assistants, from the an-
nual rate of basic pay payable for positions at
GS–5 of the General Schedule under section 5332
of title 5, United States Code, to an annual rate
of basic pay payable for positions at GS–7 of the
General Schedule under such section 5332; and
(C) for the support staff associated with the
personnel described in subparagraphs (A) and
(B), at the appropriate GS level of the General
Schedule under such section 5332.
(d) AUTHORIZATION OF APPROPRIATIONS FOR TRAIN-
ING.—There are authorized to be appropriated such sums
as may be necessary—
(1) to appropriately train Immigration and
Naturalization Service personnel on an ongoing
basis—
(A) to ensure that their proficiency levels
are acceptable to protect the borders of the
United States; and
(B) otherwise to enforce and administer the
laws within their jurisdiction; and
(2) to provide adequate continuing cross-training
to agencies staffing the United States border and
ports of entry to effectively and correctly apply appli-
cable United States laws;
(3) to fully train immigration officers to use the
appropriate lookout databases and to monitor pas-
senger traffic patterns; and
(4) to expand the Carrier Consultant Program
described in section 235(b) of the Immigration and
Nationality Act (8 U.S.C. 1225A(b)).
(e) AUTHORIZATION OF APPROPRIATIONS FOR CON-
SULAR FUNCTIONS.—
(1) RESPONSIBILITIES.—The Secretary of State
shall—
(A) implement enhanced security measures
for the review of visa applicants;
(B) staff the facilities and programs associ-
ated with the activities described in subpara-
graph (A); and
(C) provide ongoing training for consular
officers and diplomatic security agents.
(2) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated for the De-
partment of State such sums as may be necessary to
carry out paragraph (1).
SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR IM-
PROVEMENTS IN TECHNOLOGY AND INFRA-
STRUCTURE.
(a) FUNDING OF TECHNOLOGY.—
(1) AUTHORIZATION
OF
APPROPRIATIONS.—In
addition to funds otherwise available for such pur-
pose, there are authorized to be appropriated
$150,000,000 to the Immigration and Naturalization
Service for purposes of—
(A) making improvements in technology
(including infrastructure support, computer se-
curity, and information technology development)
for improving border security;
(B) expanding, utilizing, and improving
technology to improve border security; and
(C) facilitating the flow of commerce and
persons at ports of entry, including improving
and expanding programs for preenrollment and
preclearance.
(2) WAIVER OF FEES.—Federal agencies involved
in border security may waive all or part of enroll-
ment fees for technology-based programs to encourage
participation by United States citizens and aliens in
such programs. Any agency that waives any part of
any such fee may establish its fees for other services
at a level that will ensure the recovery from other
users of the amounts waived.
(3) OFFSET OF INCREASES IN FEES.—The Attor-
ney General may, to the extent reasonable, increase
land border fees for the issuance of arrival-departure
documents to offset technology costs.
(b) IMPROVEMENT AND EXPANSION OF INS, STATE
DEPARTMENT, AND CUSTOMS FACILITIES.—There are au-
thorized to be appropriated to the Immigration and Natu-
ralization Service and the Department of State such sums
as may be necessary to improve and expand facilities for
use by the personnel of those agencies.
SEC. 103. MACHINE–READABLE VISA FEES.
(a) RELATION
TO
SUBSEQUENT
AUTHORIZATION
ACTS.—Section 140(a) of the Foreign Relations Authoriza-
tion Act, Fiscal Years 1994 and 1995 (Public Law 103–
236) is amended by striking paragraph (3).
(b) FEE AMOUNT.—The machine-readable visa fee
charged by the Department of State shall be the higher of
$65 or the cost of the machine-readable visa service, as de-
termined by the Secretary of State after conducting a study
of the cost of such service.
(c) SURCHARGE.—The Department of State is author-
ized to charge a surcharge of $10, in addition to the ma-
chine-readable visa fee, for issuing a machine-readable visa
in a nonmachine-readable passport.
(d) AVAILABILITY
OF COLLECTED FEES.—Notwith-
standing any other provision of law, amounts collected as
fees described in this section shall be credited as an offset-
ting collection to any appropriation for the Department of
State to recover costs of providing consular services.
Amounts so credited shall be available, until expended, for
the same purposes as the appropriation to which credited.
TITLE II—INTERAGENCY
INFORMATION SHARING
SEC. 201. INTERIM MEASURES FOR ACCESS TO AND CO-
ORDINATION OF LAW ENFORCEMENT AND
OTHER INFORMATION.
(a) INTERIM DIRECTIVE.—Until the plan required by
subsection (c) is implemented, Federal law enforcement
agencies and the intelligence community shall, to the max-
imum extent practicable, share any information with the
Department of State and the Immigration and Naturaliza-
tion Service relevant to the admissibility and deportability
of aliens, consistent with the plan described in subsection
(c).
(b) REPORT IDENTIFYING LAW ENFORCEMENT AND IN-
TELLIGENCE INFORMATION.—
(1) IN GENERAL.—Not later than 120 days after
the date of enactment of this Act, the President shall
submit to the appropriate committees of Congress a
report identifying Federal law enforcement and the
intelligence community information needed by the De-
partment of State to screen visa applicants, or by the
Immigration and Naturalization Service to screen
applicants for admission to the United States, and to
identify those aliens inadmissible or deportable under
the Immigration and Nationality Act.
(2) REPEAL.—Section 414(d) of the USA PA-
TRIOT Act is hereby repealed.
(c) COORDINATION PLAN.—
(1) REQUIREMENT FOR PLAN.—Not later than
one year after the date of enactment of the USA PA-
TRIOT Act, the President shall develop and imple-
ment a plan based on the findings of the report under
subsection (b) that requires Federal law enforcement
agencies and the intelligence community to provide to
the Department of State and the Immigration and
Naturalization Service all information identified in
that report as expeditiously as practicable.
(2) CONSULTATION REQUIREMENT.—In the prep-
aration and implementation of the plan under this
subsection, the President shall consult with the appro-
priate committees of Congress.
(3) PROTECTIONS REGARDING INFORMATION AND
USES
THEREOF.—The plan under this subsection
shall establish conditions for using the information
described in subsection (b) received by the Department
of State and Immigration and Naturalization
Service—
(A) to limit the redissemination of such in-
formation;
(B) to ensure that such information is used
solely to determine whether to issue a visa to an
alien or to determine the admissibility or deport-
ability of an alien to the United States, except
as otherwise authorized under Federal law;
(C) to ensure the accuracy, security, and
confidentiality of such information;
(D) to protect any privacy rights of indi-
viduals who are subjects of such information;
(E) to provide data integrity through the
timely removal and destruction of obsolete or er-
roneous names and information; and
(F) in a manner that protects the sources
and methods used to acquire intelligence infor-
mation as required by section 103(c)(6) of the
National Security Act of 1947 (50 U.S.C. 403–
3(c)(6)).
(4) CRIMINAL PENALTIES FOR MISUSE OF INFOR-
MATION.—Any person who obtains information under
this subsection without authorization or exceeding au-
thorized access (as defined in section 1030(e) of title
18, United States Code), and who uses such informa-
tion in the manner described in any of the para-
graphs (1) through (7) of section 1030(a) of such title,
or attempts to use such information in such manner,
shall be subject to the same penalties as are applicable
under section 1030(c) of such title for violation of that
paragraph.
(5) ADVANCING DEADLINES FOR A TECHNOLOGY
STANDARD AND REPORT.—Section 403(c) of the USA
PATRIOT Act is amended—
(A) in paragraph (1), by striking ‘‘2 years’’
and inserting ‘‘one year’’; and
(B) in paragraph (4), by striking ‘‘18
months’’ and inserting ‘‘six months’’.
SEC. 202. INTEROPERABLE LAW ENFORCEMENT AND INTEL-
LIGENCE DATA SYSTEM WITH NAME-MATCH-
ING CAPACITY AND TRAINING.
(a) INTEROPERABLE LAW ENFORCEMENT AND INTEL-
LIGENCE ELECTRONIC DATA SYSTEM.—
(1) REQUIREMENT FOR INTEGRATED IMMIGRA-
TION AND NATURALIZATION DATA SYSTEM.—The Im-
migration and Naturalization Service shall fully inte-
grate all databases and data systems maintained by
the Service that process or contain information on
aliens. The fully integrated data system shall be an
interoperable component of the electronic data system
described in paragraph (2).
(2) REQUIREMENT
FOR
INTEROPERABLE
DATA
SYSTEM.—Upon the date of commencement of imple-
mentation of the plan required by section 201(c), the
President shall develop and implement an interoper-
able electronic data system to provide current and
immediate access to information in databases of Fed-
eral law enforcement agencies and the intelligence
community that is relevant to determine whether to
issue a visa or to determine the admissibility or de-
portability of an alien.
(3) CONSULTATION REQUIREMENT.—In the de-
velopment and implementation of the data system
under this subsection, the President shall consult with
the Director of the National Institute of Standards
and Technology (NIST) and any such other agency as
may be deemed appropriate.
(4) TECHNOLOGY STANDARD.—
(A) IN GENERAL.—The data system devel-
oped and implemented under this subsection,
and the databases referred to in paragraph (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 sub-
paragraph (B).
(B) 
CONFORMING
AMENDMENT.—Section
403(c) of the USA PATRIOT Act, as amended
by section 201(c)(5), is further amended—
(i) in paragraph (1), by inserting ‘‘,
including appropriate biometric identifier
standards,’’ after ‘‘technology standard’’;
and
(ii) in paragraph (2) —
(I) by striking ‘‘INTEGRATED’’
and inserting ‘‘INTEROPERABLE’’; and
(II) by striking ‘‘integrated’’ and
inserting ‘‘interoperable’’.
(5) ACCESS TO INFORMATION IN DATA SYSTEM.—
Subject to paragraph (6), information in the data
system under this subsection shall be readily and eas-
ily accessible—
(A) to any consular officer responsible for
the issuance of visas;
(B) to any Federal official responsible for
determining an alien’s admissibility to or de-
portability from the United States; and
(C) to any Federal law enforcement or in-
telligence officer determined by regulation to be
responsible for the investigation or identification
of aliens.
(6) LIMITATION
ON
ACCESS.—The President
shall, in accordance with applicable Federal laws, es-
tablish procedures to restrict access to intelligence in-
formation in the data system under this subsection,
and the databases referred to in paragraph (2), under
circumstances in which such information is not to be
disclosed directly to Government officials under para-
graph (5).
(b) NAME-SEARCH CAPACITY AND SUPPORT.—
(1) IN GENERAL.—The interoperable electronic
data system required by subsection (a) shall—
(A) have the capacity to compensate for dis-
parate name formats among the different data-
bases referred to in subsection (a);
(B) be searchable on a linguistically sen-
sitive basis;
(C) provide adequate user support;
(D) to the extent practicable, utilize com-
mercially available technology; and
(E) be adjusted and improved, based upon
experience with the databases and improvements
in the underlying technologies and sciences, on a
continuing basis.
(2) LINGUISTICALLY SENSITIVE SEARCHES.—
(A) IN GENERAL.—To satisfy the require-
ment of paragraph (1)(B), the interoperable elec-
tronic database shall be searchable based on lin-
guistically sensitive algorithms that—
(i) account for variations in name for-
mats and transliterations, including varied
spellings and varied separation or combina-
tion of name elements, within a particular
language; and
(ii) incorporate advanced linguistic,
mathematical, statistical, and anthropo-
logical research and methods.
(B) LANGUAGES REQUIRED.—
(i) PRIORITY
LANGUAGES.—Linguis-
tically sensitive algorithms shall be devel-
oped and implemented for no fewer than 4
languages designated as high priorities by
the Secretary of State, after consultation
with the Attorney General and the Director
of Central Intelligence.
(ii) IMPLEMENTATION SCHEDULE.—Of
the 4 linguistically sensitive algorithms re-
quired to be developed and implemented
under clause (i)—
(I) the highest priority language
algorithms shall be implemented with-
in 18 months after the date of enact-
ment of this Act; and
(II) an additional language algo-
rithm shall be implemented each suc-
ceeding year for the next three years.
(3) ADEQUATE USER SUPPORT.—The Secretary
of State and the Attorney General shall jointly pre-
scribe procedures to ensure that consular and immi-
gration officers can, as required, obtain assistance in
resolving identity and other questions that may arise
about names of aliens seeking visas or admission to
the United States that may be subject to variations
in format, transliteration, or other similar phe-
nomenon.
(4) INTERIM
REPORTS.—Six months after the
date of enactment of this Act, the President shall sub-
mit a report to the appropriate committees of Con-
gress on the progress in implementing each require-
ment of this section.
(5) REPORTS BY INTELLIGENCE AGENCIES.—
(A) CURRENT STANDARDS.—Not later than
60 days after the date of enactment of this Act,
the Director of Central Intelligence shall com-
plete the survey and issue the report previously
required by section 309(a) of the Intelligence Au-
thorization Act for Fiscal Year 1998 (50 U.S.C.
403–3 note).
(B) GUIDELINES.—Not later than 120 days
after the date of enactment of this Act, the Direc-
tor of Intelligence shall issue the guidelines and
submit the copy of those guidelines previously re-
quired by section 309(b) of the Intelligence Au-
thorization Act for Fiscal Year 1998 (50 U.S.C.
403–3 note).
(6) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated such sums as
are necessary to carry out the provisions of this sub-
section.
SEC. 203. COMMISSION ON INTEROPERABLE DATA SHAR-
ING.
(a) ESTABLISHMENT.—Not later than one year after
the date of enactment of the USA PATRIOT Act, the Presi-
dent shall establish a Commission on Interoperable Data
Sharing (in this section referred to as the ‘‘Commission’’).
The purposes of the Commission shall be to—
(1) monitor the protections described in section
201(c)(3);
(2) provide oversight of the interoperable elec-
tronic data system described in this title; and
(3) report to Congress annually on the Commis-
sion’s findings and recommendations.
(b) COMPOSITION.—The Commission shall consist of
nine members, who shall be appointed by the President, as
follows:
(1) One member, who shall serve as Chair of the
Commission.
(2) Eight members, who shall be appointed from
a list of nominees jointly provided by the Speaker of
the House of Representatives, the Minority Leader of
the House of Representatives, the Majority Leader of
the Senate, and the Minority Leader of the Senate.
(c) CONSIDERATIONS.—The Commission shall consider
recommendations regarding the following issues:
(1) Adequate protection of privacy concerns in-
herent in the design, implementation, or operation of
the interoperable electronic data system.
(2) Timely adoption of security innovations,
consistent with generally accepted security standards,
to protect the integrity and confidentiality of infor-
mation to prevent against the risks of accidental or
unauthorized loss, access, destruction, use modifica-
tion, 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 interoperable
data system or the data maintained by the system,
including recommendations for modifications to exist-
ing 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 Service
an electronic version of the visa file of an alien who 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 in-
tegrated 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 Secretary of State
shall—
(1) implement, fund, and use a technology stand-
ard under section 403(c) of the USA PATRIOT 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 pos-
sessed by aliens; and
(3) make interoperable all security databases rel-
evant to making determinations of admissibility
under section 212 of the Immigration and Nation-
ality Act (8 U.S.C. 1182).
(b) IMPLEMENTATION.—In implementing the provi-
sions of subsection (a), the Immigration and Naturalization
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 Gen-
eral, the Secretary of State, and the National Insti-
tute of Standards and Technology (NIST), acting
jointly, shall submit to the appropriate committees of
Congress a comprehensive report assessing the actions
that will be necessary, and the considerations 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
(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 documents that
use biometric identifiers. The Attorney General and
the Secretary of State shall jointly establish biometric
identifiers standards to be employed on such visas
and travel and entry documents from among those bi-
ometric identifiers recognized by domestic and inter-
national 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 doc-
uments issued to aliens, and passports issued
pursuant to subsection (c)(1).
(B) USE OF READERS AND SCANNERS.—The
Attorney General, in consultation with the Sec-
retary of State, shall utilize biometric data read-
ers 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 sys-
tems employed to implement paragraphs (1) and (2)
shall utilize the technology standard established pur-
suant 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 coun-
try that is designated to participate in the visa waiv-
er program established under section 217 of the Im-
migration and Nationality Act shall certify, as a con-
dition for designation or continuation of that des-
ignation, that it has a program to issue to its nation-
als machine-readable passports that are tamper-resist-
ant and incorporate biometric identifiers that comply
with applicable biometric identifiers standards estab-
lished by the International Civil Aviation Organiza-
tion. This paragraph shall not be construed to rescind
the requirement of section 217(a)(3) of the Immigra-
tion and Nationality Act.
(2) USE OF TECHNOLOGY STANDARD.—On and
after October 26, 2003, any alien applying for admis-
sion 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 nec-
essary to carry out this section, including reimbursement
to international and domestic standards organizations.
SEC. 304. TERRORIST LOOKOUT COMMITTEES.
(a) ESTABLISHMENT.—The Secretary of State shall re-
quire a terrorist lookout committee to be maintained within
each United States mission.
(b) PURPOSE.—The purpose of each committee estab-
lished 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 information 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 administering
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 look-
out databases.
(c) COMPOSITION; CHAIR.—The Secretary shall estab-
lish rules governing the composition of such committees.
(d) MEETINGS.—The committee shall meet at least
monthly to share information pertaining to the committee’s
purpose as described in subsection (b)(2).
(e) PERIODIC REPORTS.—The committee shall submit
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 nec-
essary 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 officers
shall be specially and extensively trained in the identifica-
tion of aliens inadmissible under section 212(a)(3) (A) and
(B) of the Immigration and Nationality Act, interagency
and international intelligence sharing regarding terrorists
and terrorism, and cultural-sensitivity toward visa appli-
cants.
(b) USE OF FOREIGN INTELLIGENCE INFORMATION.—
As an ongoing component of the training required in sub-
section (a), the Secretary of State shall coordinate with the
Assistant to the President for Homeland Security, Federal
law enforcement agencies, and the intelligence community
to compile and disseminate to the Bureau of Consular Af-
fairs reports, bulletins, updates, and other current unclassi-
fied information relevant to terrorists 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 nec-
essary 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 subsection,
the Secretary of State shall apply standards developed 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 nationals 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 determined
by the Secretary of State under any of the laws speci-
fied 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 Admin-
istration Act of 1979 (or successor statute).
(B) Section 40(d) of the Arms Export Con-
trol 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 estab-
lished under section 217 of the Immigration and Nation-
ality Act (8 U.S.C. 1187), the Immigration and Naturaliza-
tion Service shall determine that the applicant for admis-
sion does not appear in any of the appropriate lookout
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 in-
telligence data system, not later than 72 hours after
receiving notification of the loss or theft of a United
States or foreign passport, the Attorney General and
the Secretary of State, as appropriate, shall enter into
such system the corresponding identification 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 safe-
ty of the United States, Canada, and Mexico.
(b) STUDY ELEMENTS.—In conducting the study re-
quired by subsection (a), the officials specified in subsection
(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 Department
of State and the Immigration and Naturalization
Service to determine whether such travelers are ad-
missible 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 ex-
panding 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 expand-
ing preinspection facilities at foreign airports as de-
scribed in section 235A of the Immigration and Na-
tionality Act (8 U.S.C. 1225). Consideration shall be
given to the feasibility of expanding preinspections to
foreign nationals on air flights destined for Canada
and Mexico, and the cross training and funding of in-
spectors from Canada and Mexico.
(3) CONDITIONS.—A determination of the meas-
ures necessary to ensure that the conditions required
by section 235A(a)(5) of the Immigration and Na-
tionality Act (8 U.S.C. 1225a(a)(5)) are satisfied, in-
cluding 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 ap-
propriate 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 nec-
essary 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 subsection
(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 sub-
section (d) to provide to an immigration officer at
that port manifest information about each passenger,
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
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 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 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 transported
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 transmitted
electronically by the appropriate official specified in sub-
section (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 SHIPMENTS,
AIRCRAFT, OR CARRIERS.—If it shall appear to the satis-
faction 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 infor-
mation provided is not accurate and full based on informa-
tion provided to the carrier, such official, carrier, or agent,
as the case may be, shall pay to the Commissioner the sum
of $300 for each person with respect to whom such accurate
and full manifest information is not provided, or with re-
spect to whom the manifest information 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 General or a sum sufficient to cover such pen-
alty.
‘‘(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 Presi-
dent shall conduct a study regarding the feasibility of ex-
tending the requirements of subsections (a) and (b) of sec-
tion 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.
(c) EFFECTIVE DATE.—The amendments made by sub-
section (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 presentation for inspection,’’.
(b) STAFFING LEVELS AT PORTS OF ENTRY.—The Im-
migration 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 com-
promising the safety and security of the United States. Es-
timated staffing levels under workforce models for the Immi-
gration 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 pres-
entation for inspection.
TITLE V—FOREIGN STUDENTS
AND EXCHANGE VISITORS
SEC. 501. FOREIGN STUDENT MONITORING PROGRAM.
(a) STRENGTHENING REQUIREMENTS FOR IMPLEMEN-
TATION 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 REQUIRED.—
The Attorney General, in consultation with the Sec-
retary of State, shall establish an electronic means to
monitor and verify—
‘‘(A) the issuance of documentation of ac-
ceptance of a foreign student by an approved in-
stitution 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 Depart-
ment of State for use by the Bureau of Consular
Affairs;
‘‘(C) the issuance of a visa to a foreign stu-
dent or an exchange visitor program participant;
‘‘(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 vis-
itor participant has been admitted into the
United States;
‘‘(F) the registration and enrollment of that
foreign student in such approved institution of
higher education or other approved educational
institution, or the participation of that exchange
visitor in such designated exchange visitor pro-
gram, 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 ex-
change visitor program and any termination of
studies or participation in a designated 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, respectively, shall
report to the Immigration and Naturalization Service
any failure of the alien to enroll or to commence par-
ticipation.’’.
(2) ADDITIONAL REQUIREMENTS FOR DATA TO
BE COLLECTED.—Section 641(c)(1) of the Illegal Im-
migration 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 sub-
paragraph (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 re-
quirements 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 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 Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)), each alien apply-
ing for such visa shall provide to a consular officer the fol-
lowing 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 informa-
tion 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 Responsibility
Act (as amended by subsection (a)) is fully imple-
mented, 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 ap-
proved institution of higher education, subpara-
graph (J) of section 101(a)(15) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(15)),
unless—
(i) the Department of State has re-
ceived from an approved institution of high-
er education or other approved educational
institution electronic evidence of docu-
mentation 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 Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(F) or
(M)) to an alien, the Secretary of State shall
transmit to the Immigration 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 ENROLL-
MENT.—Not later than 30 days after the dead-
line for registering for classes for an academic
term, the approved institution of higher edu-
cation or other approved educational institution
shall inform the Immigration and Naturaliza-
tion Service through data-sharing arrangements
of any failure of any alien described in subpara-
graph (C) to enroll or to commence participa-
tion.
(2) REQUIREMENT
TO
SUBMIT
LIST
OF
AP-
PROVED INSTITUTIONS.—Not later than 30 days after
the date of enactment of this Act, the Attorney Gen-
eral shall provide the Secretary of State with a list
of all approved institutions of higher education or
other approved educational institutions that are au-
thorized 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 periodic
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 recordkeeping
and reporting requirements to receive nonimmigrant stu-
dents or exchange visitor program participants under sec-
tion 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 Im-
migrant 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 ter-
mination, suspension, or limitation of the institution’s ap-
proval to receive such students or the termination of the
other entity’s designation to sponsor exchange visitor pro-
gram 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 Immigra-
tion 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 sub-
section (a). The report shall include the Comptroller Gen-
eral’s findings, together with any recommendations that the
Comptroller General considers appropriate.
SEC. 603. INTERNATIONAL COOPERATION.
(a) INTERNATIONAL ELECTRONIC DATA SYSTEM.—The
Secretary of State and the Commissioner of Immigration
and Naturalization, in consultation with the Assistant to
the President for Homeland Security, shall jointly conduct
a study of the alternative approaches (including the costs
of, and procedures necessary for, each alternative approach)
for encouraging or requiring Canada, Mexico, and countries
treated as visa waiver program countries under section 217
of the Immigration and Nationality Act to develop an inter-
governmental network of interoperable electronic data sys-
tems 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 Immigra-
tion and Naturalization Service to screen visa appli-
cants and applicants for admission into the United
States to identify aliens who are inadmissible or de-
portable 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 Attor-
ney General shall submit to the appropriate committees of
Congress a report setting forth the findings of the study con-
ducted 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 Nation-
ality 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 Jan-
uary 15 of each year, the Attorney General shall submit
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 ar-
rested outside a port of entry, served a notice to appear
under section 239(a)(1) of the Immigration and Nation-
ality 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 defects in notices
of hearing or the service of notices of hearing, 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 application
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 proceeding, including removal
proceedings under such Act, without regard to whether the
application was approved or denied.
SEC. 607. EXTENSION OF DEADLINE FOR CLASSIFICATION
PETITION AND LABOR CERTIFICATION FIL-
INGS.
(a) IN GENERAL.—Section 245(i)(1) of the Immigra-
tion and Nationality Act (8 U.S.C. 1255(i)(1)) is
amended—
(1) in subparagraph (B)—
(A) in clause (i), by striking ‘‘on or before
April 30, 2001; or’’ and inserting ‘‘on or before
the earlier of November 30, 2002, and the date
that is 120 days after the date on which the At-
torney General first promulgates final or interim
final regulations to carry out the amendments
made by section 607(a) of the Enhanced Border
Security and Visa Entry Reform Act of 2002;
or’’; and
(B) in clause (ii) by striking ‘‘on or before
such date; and’’ and inserting ‘‘before August 15,
2001;’’;
(2) in subparagraph (C), by adding ‘‘and’’ at the
end; and
(3) by inserting after subparagraph (C) the fol-
lowing:
‘‘(D) who, in the case of a beneficiary of a peti-
tion for classification described in subparagraph
(B)(i) that was filed after April 30, 2001, dem-
onstrates that—
‘‘(i) the familial relationship that is the
basis of such petition for classification existed be-
fore August 15, 2001; or
‘‘(ii) the application for labor certification
under section 212(a)(5)(A) that is the basis of
such petition for classification was filed before
August 15, 2001;’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect as if included in the enactment
of the Legal Immigration Family Equity Act (114 Stat.
2762A–142 et seq.), as enacted into law by section 1(a)(2)
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.