IV
107TH CONGRESS
2D SESSION
H. RES. 365
Providing for the concurrence by the House with amendments in the
amendment of the Senate to H.R. 1885.
IN THE HOUSE OF REPRESENTATIVES
MARCH 12, 2002
Mr. SENSENBRENNER submitted the following resolution; which was
considered under suspension of the rules and agreed to
RESOLUTION
Providing for the concurrence by the House with
amendments in the amendment of the Senate to H.R. 1885.
Resolved, That, upon the adoption of this resolution,
the House shall be considered to have taken from the
Speaker’s table the bill H.R. 1885, with the Senate
amendment thereto, and to have concurred in the Senate
amendment with the following amendments:
(1) Amend the title so as to read: ‘‘An Act to
enhance the border security of the United States,
and for other purposes.’’.
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(2) In lieu of the matter proposed to be in-
serted 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
‘‘Enhanced 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
infrastructure.
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.
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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 spon-
sor certain nonimmigrants.
TITLE VI—MISCELLANEOUS PROVISIONS
Sec. 601. Extension of deadline for improvement in border crossing identifica-
tion 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
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ 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.
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(3) FEDERAL LAW ENFORCEMENT AGENCIES.—
The term ‘‘Federal law enforcement agencies’’
means the following:
(A) The United States Secret Service.
(B) The Drug Enforcement Administra-
tion.
(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
‘‘intelligence community’’ has the meaning given
that term in section 3(4) of the National Security
Act of 1947 (50 U.S.C. 401a(4)).
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(5) PRESIDENT.—The term ‘‘President’’ means
the President of the United States, acting through
the Assistant to the President for Homeland Secu-
rity, in coordination with the Secretary of State, the
Commissioner of Immigration and Naturalization,
the Attorney General, the Director of Central Intel-
ligence, the Director of the Federal Bureau of Inves-
tigation, the Secretary of Transportation, the Com-
missioner of Customs, and the Secretary of the
Treasury.
(6) USA PATRIOT ACT.—The term ‘‘USA
PATRIOT Act’’ means the Uniting and Strength-
ening America by Providing Appropriate Tools Re-
quired 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 associ-
ated support staff in the Immigration and Natu-
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ralization Service by the equivalent of at least 200
full-time employees over the number of inspectors
and associated support staff in the Immigration and
Naturalization Service authorized by the USA PA-
TRIOT 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 associated support staff of the Immigration and
Naturalization Service by the equivalent of at least
200 full-time employees over the number of inves-
tigators and associated support staff in the Immi-
gration and Naturalization Service authorized by the
USA PATRIOT Act.
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated such sums
as may be necessary to carry out this subsection, in-
cluding such sums as may be necessary to provide
facilities, attorney personnel and support staff, and
other resources needed to support the increased
number of inspectors, investigative staff, and associ-
ated support staff.
(b) WAIVER OF FTE LIMITATION.—The Attorney
General is authorized to waive any limitation on the num-
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ber of full-time equivalent personnel assigned to the Immi-
gration and Naturalization Service.
(c) AUTHORIZATION OF APPROPRIATIONS FOR INS
STAFFING.—
(1) IN GENERAL.—There are authorized to be
appropriated for the Department of Justice such
sums as may be necessary to provide an increase in
the annual 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 section 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 an-
nual rate of basic pay payable for positions at
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GS–7 of the General Schedule under such sec-
tion 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
TRAINING.—There are authorized to be appropriated such
sums as may be necessary—
(1) to appropriately train Immigration and Nat-
uralization 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-train-
ing to agencies staffing the United States border
and ports of entry to effectively and correctly apply
applicable United States laws;
(3) to fully train immigration officers to use the
appropriate lookout databases and to monitor pas-
senger traffic patterns; and