I
107TH CONGRESS
1ST SESSION
H. R. 3205
To enhance the border security of the United States, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 1, 2001
Mr. CONYERS (for himself, Mr. GRAVES, Mr. BERMAN, and Mr. CANNON) in-
troduced the following bill; which was referred to the Committee on the
Judiciary, and in addition to the Committees on Intelligence (Permanent
Select), International Relations, Government Reform, Ways and Means,
and Transportation and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned
A BILL
To enhance the border security of the United States, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Enhanced Border Se-
curity Act of 2001’’.
SEC. 2. ACCESS TO AND COORDINATION OF LAW ENFORCE-
MENT AND OTHER INFORMATION.
(a) REPORT IDENTIFYING LAW ENFORCEMENT AND
INTELLIGENCE INFORMATION.—
(1) REQUIREMENT
FOR
REPORT.—Not later
than 90 days after the date of enactment of this
Act, the Secretary of State, the Commissioner of Im-
migration and Naturalization, and the Director of
Central Intelligence shall jointly submit to the ap-
propriate committees of Congress a report identi-
fying the information being collected by all of the
United States law enforcement agencies and the in-
telligence community that is needed by the Depart-
ment of State and the Immigration and Naturaliza-
tion Service to screen visa applicants and applicants
for admission to the United States to identify those
aliens inadmissible or deportable under the Act.
(2) COOPERATION BY SOURCES OF INFORMA-
TION.—Upon receipt of a request from the Secretary
of State, the Commissioner of Immigration and Nat-
uralization, the Director of Central Intelligence, or
the Director of the Office of Homeland Security for
assistance or cooperation in the preparation of the
report under this subsection, the head of a United
States law enforcement agency or the appropriate of-
ficial within the intelligence community shall provide
the requested assistance or cooperation.
(b) COORDINATION PLAN.—
(1) REQUIREMENT FOR PLAN.—Based on the
findings of the report under subsection (a), the Sec-
retary of State, the Commissioner of Immigration
and Naturalization, and the Director of Central In-
telligence shall, not later than 120 days after the
submittal of the report under that subsection, jointly
develop and implement a plan that requires United
States law enforcement agencies and the intelligence
community to provide to the Department of State
and the Immigration and Naturalization Service all
information identified in the report under subsection
(a) as expeditiously as practicable.
(2) CONSULTATION
REQUIREMENT.—In the
preparation and implementation of the plan under
this subsection, the Secretary of State, the Commis-
sioner of Immigration and Naturalization, and the
Director of Central Intelligence shall consult with
the appropriate committees of Congress.
(3) PROTECTIONS
REGARDING
INFORMATION
AND
USES
THEREOF.—The plan under this sub-
section shall establish conditions for using the infor-
mation described in subsection (a) received by the
Department of State and Immigration and Natu-
ralization 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 of
alien to the United States;
(C) to ensure the accuracy, security, con-
fidentiality, and destruction of such informa-
tion;
(D) to protect any privacy rights of indi-
viduals who are subjects of such information;
(E) to provide for the timely removal of
obsolete or inaccurate information; and
(F) in a manner that protects the source
and method 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)).
(c) INTEROPERABLE LAW ENFORCEMENT AND IN-
TELLIGENCE DATA SYSTEM.—
(1) REQUIREMENT FOR INTEROPERABLE DATA
SYSTEM.—Not later than one year after the com-
mencement of implementation of the plan required
by subsection (b), the Secretary of State, the Attor-
ney General, the Commissioner of Immigration and
Naturalization, and the Director of Central Intel-
ligence shall develop and implement a unified elec-
tronic data system to provide current and immediate
access to information in databases of United States
law enforcement agencies and the intelligence com-
munity that is relevant to determine whether to
issue a visa or to determine the admissibility of an
alien to the United States.
(2) CONSULTATION REQUIREMENT.—In the de-
velopment and implementation of the data system
under this subsection, the Secretary of State, the At-
torney General, the Commissioner of Immigration
and Naturalization, and the Director of Central In-
telligence shall consult with the Director of the Of-
fice of Homeland Security, the Foreign Terrorist
Tracking Task Force, United States law enforce-
ment agencies, and the intelligence community.
(3) TECHNOLOGY STANDARD.—The data sys-
tem developed and implemented under this sub-
section, and the databases referred to in paragraph
(1), shall utilize the technology standard established
pursuant to section 403(c) of the United and
Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism
Act of 2001.
(4) ACCESS
TO
INFORMATION
IN
DATA
SYS-
TEM.—Subject to paragraph (5), information in the
data system under this subsection shall be readily
and easily accessible as follows:
(A) To any foreign service office respon-
sible for the issuance of visas.
(B) To any Federal agent responsible for
determining the admissibility of an alien to the
United States.
(5) LIMITATION ON ACCESS.—The Secretary of
State, the Attorney General, and the Director of
Central Intelligence shall establish procedures to re-
strict access to intelligence information in the data
system under this subsection, and the databases re-
ferred to in paragraph (1), under circumstances in
which such information is not to be disclosed directly
to government officials under paragraph (4).
(d) ADDITIONAL CONSULTATION REQUIREMENTS.—
In the preparation of the report required by subsection
(a), and in the development and implementation of the
plan required by subsection (b), the Secretary of State,
the Commissioner of Immigration and Naturalization, and
the Director of Central Intelligence shall consult with the
Director of the Office of Homeland Security and the For-
eign Terrorist Tracking Task Force.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate committees of Con-
gress’’ means the following:
(A) The Committee on the Judiciary and
the Select Committee on Intelligence of the
Senate.
(B) The Committee on the Judiciary and
the Permanent Select Committee on Intelligence
of the House of Representatives.
(2) The term ‘‘intelligence community’’ has the
meaning given that term in section 3(4) of the Na-
tional Security Act of 1947 (50 U.S.C. 401a(4)).
SEC. 3. ENSURING ADEQUATE PERSONNEL AT PORTS OF
ENTRY AND TECHNOLOGY IMPROVEMENTS
AT PORTS OF ENTRY AND CONSULAR POSTS.
(a) FTE LIMITATION.—The Attorney General is au-
thorized to waive any limitation on the number of full-
time equivalent personnel assigned to the Immigration and
Naturalization Service.
(b) INS STAFFING.—There are authorized to be ap-
propriated such sums as may be necessary to meet the
Immigration and Naturalization Service staffing levels es-
timated as required by the current Workforce Analysis
Models for United States ports of entry. Such staffing
level authorization shall require the necessary numbers of
border patrol and inspectors payable at a GS–11 level, in-
spections assistants to be paid at a GS–7 level, and the
associated clerical support staff at the specified General
Schedule level in such models.
(c) TRAINING.—There are authorized to be appro-
priated such sums as may be necessary—
(1) to appropriately train Border Patrol per-
sonnel, United States Customs Service personnel,
and Immigration inspectors on an ongoing basis to
ensure that their proficiency levels are acceptable to
protect the borders of the United States; and
(2) to provide adequate continuing cross train-
ing to agencies staffing the United States ports of
entry to effectively and correctly apply applicable
United States laws.
(d) UNITED STATES DEPARTMENT OF STATE; BU-
REAU OF CONSULAR AFFAIRS.—There are authorized to
be appropriated such sums as may be necessary—
(1) to implement enhanced security measures
for the review of visa applicants;
(2) to enhance intelligence interface with
United States and international intelligence informa-
tion;
(3) to staff the associated infrastructure; and
(4) to provide ongoing training for consular of-
ficers.
(e) FUNDING OF TECHNOLOGY.—
(1) AUTHORIZATION OF APPROPRIATIONS.—In
addition to funds otherwise available for such pur-
pose, there are authorized to be appropriated
$50,000,000 to the Immigration and Naturalization
Service, and $50,000,000 to the United States Cus-
toms Service, for purposes of—
(A) making improvements in technology
(including infrastructure support, computer se-
curity, and information technology develop-
ment) for improving border security; and
(B) expanding, utilizing, and improving
technology at ports of entry to improve border
security.
(2) WAIVER
OF
FEES.—Federal agencies in-
volved in border security shall, when practicable,
waive enrollment fees for technology-based programs
to encourage alien participation in such programs.
(3) OFFSET OF INCREASES IN FEES.—The At-
torney General shall, to the extent reasonable, in-
crease land border fees for the issuance of arrival-
departure documents to offset technology costs.
(f) MACHINE READABLE VISA FEES.—
(1) REPEAL.—Section 140(a) of the Foreign
Relations Authorization Act, Fiscal Years 1994 and
1995 (Public Law 103–236) is amended by striking
paragraph (3).
(2) AMOUNT.—The machine readable visa fee
charged by the Department of State initially shall be
the higher of $65 or the cost of the machine read-
able visa service, as determined by the Department
of State through a cost-of-service study.
(3) SURCHARGE.—The Department of State is
authorized to charge a surcharge of $10, in addition
to the machine readable visa fee, for issuing a ma-
chine readable visa in a non-machine readable pass-
port.
(4) AVAILABILITY
OF
COLLECTED
FEES.—
Amounts collected as fees described in this sub-
section shall be credited as an offsetting collection to
any appropriation for the Department of State to re-
cover costs of providing consular services. Amounts
so credited shall be available, until expended, for the
same purposes as the appropriation to which cred-
ited.
SEC. 4. PERIMETER NATIONAL SECURITY PROGRAM.
(a) STUDY
OF PERIMETER NATIONAL SECURITY
PROGRAM.—The Secretary of State and the Commissioner
of Immigration and Naturalization, in consultation with
the Director of the Office of Homeland Security and the
Foreign Terrorist Tracking Task Force, shall jointly con-
duct a study of the costs, procedures, and implementation
alternatives of a Perimeter National Security Program,
which shall involve a review of, at least the following:
(1) NORTH AMERICAN NATIONAL SECURITY CO-
OPERATIVE.—The feasibility of establishing a coop-
erative task force of the appropriate representatives
of Canada, Mexico, and the United States to estab-
lish, implement, and monitor an intercountry system
to evaluate and determine the admission of foreign
nationals based on national security concerns, in-
cluding the monitoring of the entry and exit of for-
eign nationals from such countries.
(2) PRECLEARANCE.—A program enabling for-
eign national travelers to the United States to sub-
mit voluntarily to a preclearance procedure estab-
lished by the Department of State and the Immigra-
tion and Naturalization Service to determine wheth-
er such traveler is admissible to the United States
under section 212 of the Immigration and Nation-
ality Act (8 U.S.C. 1182). For each traveler deter-
mined to be admissible under such procedure, the
processing of the traveler’s admission upon arrival to
the United States shall be expedited upon confirma-
tion of identity. In the conduct of the element of the
study under this paragraph, consideration shall be
given to the feasibility of expanding the preclearance
program to include the preclearance both of foreign
nationals traveling to Canada and foreign nationals
traveling to Mexico.
(3) PREINSPECTION.—The number, location,
and cost of establishing, staffing, and providing for
the training of inspectors to be assigned to foreign
preinspection facilities to determine admissibility to
the United States under section 212 of the Immigra-
tion and Nationality Act, including—
(A) the feasibility of expanding foreign
preinspections to foreign nationals on flights
destined for Canada and Mexico; and
(B) the feasibility of cross training and
funding of inspectors from Canada and Mexico.
(4) CONDITIONS.—The measures necessary to
satisfy the conditions required by section 235A(a)(5)
of the Immigration and Nationality Act (8 U.S.C.
1225a(a)(5)).
(b) REPORT.—Not later than 180 days after the date
of enactment of this Act, the Secretary of State and the
Commissioner of Immigration and Naturalization shall, in
consultation with the Director of the Office of Homeland
Security, jointly submit to the Committees on the Judici-
ary of the House of Representatives and the Senate a re-
port setting forth the findings of the study conducted
under subsection (a).
(c) FUNDING.—There is authorized to be appro-
priated such sums as may be necessary to carry out this
section.
SEC. 5. IMPLEMENTATION OF INTEGRATED ENTRY AND
EXIT DATA SYSTEM.
(a) IMPLEMENTATION OF INTEGRATED ENTRY AND
EXIT SYSTEM AT PORTS OF ENTRY AND ENHANCEMENT
OF SECURITY OF LAND BORDER PORTS OF ENTRY.—In
light of the terrorist attacks perpetrated against the
United States on September 11, 2001, the Commissioner
of Immigration and Naturalization shall, in consultation
with the Secretary of State, fully implement the integrated
entry and exit data system for ports of entry, as specified
in the Immigration and Naturalization Service Data Man-
agement Improvement Act of 2000 (Public Law 106–
215), with all deliberate speed and as expeditiously as
practicable.
(b) DEVELOPMENT OF ENTRY AND EXIT SYSTEM
AND ENHANCED SECURITY AT PORTS OF ENTRY.—In de-
veloping the integrated entry and exit data system for the
ports of entry as specified in subsection (a), the Commis-
sioner of Immigration and Naturalization and the Sec-
retary of State shall consider—
(1) implementing the Perimeter National Secu-
rity Program’s implementation;
(2) implementing, funding, and using a tech-
nology standard to confirm identity at United States
ports of entry and at consular posts abroad;
(3) using biometric identifiers in conjunction
with issuance of any arrival-departure record, any
type of visa to be issued by the Department of State,
and any travel document issued to an alien by either
the Department of State or the Immigration and
Naturalization Service;
(4) requiring machine readable visas and pass-
ports for entry;
(5) creating a database containing the arrival
and departure data from machine readable visas,
passports, and arrival-departure records;
(6) integrating all security databases relevant to
making an admissibility determination under section
212 of the Immigration and Nationality Act (8
U.S.C. 1182);
(7) using visa issuance data from the Depart-
ment of State’s visa issuance database to create the
initial record for travelers for whom the visa require-
ments are not waived under section 214 or 217 of
the Immigration and Nationality Act or any other
provision of such Act; and
(8) implementing technologies that facilitate the
cross-border movement of persons and commerce
without compromising the safety and security of the
United States.
SEC. 6. FOREIGN SERVICE OFFICER TRAINING.
(a) TRAINING.—The Secretary of State shall require
that all Foreign Service officers, before undertaking to
perform consular responsibilities, receive specialized train-
ing in the effective screening of visa applicants who pose
a potential threat to the safety or security of the United
States. These officers shall be specially and extensively
trained in the identification of aliens inadmissible under
section 212(a)(3) (A) and (B) of the Immigration and Na-
tionality Act, interagency and international intelligence
communication regarding terrorists and terrorism, and
cultural-sensitivity toward visa applicants.
(b) REPORT.—Not later than 180 days after the date
of enactment of this Act, the Secretary of State shall sub-
mit to Congress a report regarding the establishment of
relevant training programs.
(c) USE
OF FOREIGN INTELLIGENCE INFORMA-
TION.—As an ongoing component of the training required
in subsection (a), the Secretary of State shall coordinate
with the Director of the Office of Homeland Security,
United States law enforcement agencies, and the intel-
ligence community (as defined in section 3(4) of the Na-
tional Security Act of 1947 (50 U.S.C. 401a(4)), to com-
pile and disseminate to the Bureau of Consular Affairs
reports, bulletins, updates, and other current unclassified
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.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated such sums as may be nec-
essary to implement this section.
SEC. 7. PASSENGER MANIFEST INFORMATION.
(a) IN GENERAL.—Every international commercial
air carrier arriving in the United States from a foreign
state shall be required to provide to the Attorney General
manifest information specified in subsection (b) in ad-
vance of such arrival.
(b) INFORMATION.—The information to be provided
with respect to each person listed on the manifest may
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;
and
(9) such other information as the Attorney
General, in consultation with the Secretary of State,
determines is reasonable to protect safety and na-
tional security.
(c) REVIEW.—Information provided under this sec-
tion shall be reviewed against all intelligence and law en-
forcement databases available to the Attorney General.
(d) PROCEDURES
FOR
THE ELECTRONIC TRANS-
MISSION OF MANIFEST INFORMATION.—Not later than
January 1, 2003, every international commercial air car-
rier subject to the requirements of this section shall de-
velop procedures to permit the electronic transmission of
manifest information required by this section.
SEC. 8. FOREIGN STUDENT AND EXCHANGE VISITOR PRO-
GRAM.
(a) DATA COLLECTION.—Section 641(c)(1) of the Il-
legal Immigration Reform and Immigrant Responsibility
Act of 1996 is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (C);
(2) by striking the period at the end of sub-
paragraph (D) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(E) the date of entry and port of entry;
‘‘(F) the date of the alien’s enrollment in
an approved institution of higher education,
other approved educational institution, or des-
ignated exchange visitor program in the United
States; and
‘‘(G) 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).’’.
(b) REPORTING REQUIREMENTS.—Section 641(a) of
the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1372(a)) is amended by add-
ing at the end the following:
‘‘(3) ALIENS
FOR
WHOM
A
VISA
IS
RE-
QUIRED.—The Attorney General, in consultation
with the Secretary of State, shall establish an elec-
tronic means to monitor and verify—
‘‘(A) the issuance of documentation of ac-
ceptance of a foreign student by an approved
institution of higher education or other ap-
proved educational institution, or of an ex-
change visitor program participant by a des-
ignated exchange visitor program;
‘‘(B) the transmittal of the documentation
referred to in subparagraph (A) to the Depart-
ment of State for use by the Bureau of Con-
sular Affairs;
‘‘(C) the issuance of a visa to a foreign
student or an exchange visitor program partici-
pant;
‘‘(D) the admission into the United States
of the foreign student or exchange visitor pro-
gram participant;
‘‘(E) the notification to an approved insti-
tution of higher education, other approved edu-
cational institution, or exchange visitor program