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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.
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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;
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‘‘(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.
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‘‘(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-
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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)),
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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-
•HRES 365 ATH
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.
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(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.
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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
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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
•HRES 365 ATH
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
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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
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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-
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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,
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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 in-
terim final regulations to carry out the amend-
ments 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:
•HRES 365 ATH
‘‘(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
before 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
subsection (a) shall take effect as if included in the enact-
ment 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.
Æ