I
107TH CONGRESS
1ST SESSION
H. R. 3525
To enhance the border security of the United States, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 19, 2001
Mr. SENSENBRENNER introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on Intel-
ligence (Permanent Select), International Relations, 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
DECEMBER 19, 2001
Committees on the Judiciary, Intelligence (Permanent Select), International
Relations, Ways and Means, and Transportation and Infrastructure dis-
charged; considered under suspension of the rules and passed
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.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Enhanced Border Security and Visa Entry Reform Act
of 2001’’.
(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.
Sec. 403. Prearrival messages from other vessels destined to United States
ports.
Sec. 404. Safety and security of ports and waterways.
Sec. 405. 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. 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.
(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)).
(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-
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) CUSTOMS
SERVICE
INSPECTORS.—Subject
to the availability of appropriations, during each of
the fiscal years 2002 through 2006, the Secretary of
the Treasury shall increase the number of inspectors
and associated support staff in the United States
Customs Service by the equivalent of at least 200
full-time employees over the number of inspectors
and associated support staff in the United States
Customs Service authorized by the USA PATRIOT
Act.
(4) 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-
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-
(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 asso-
ciated 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 Naturaliza-
tion Service, and $150,000,000 to the United States
Customs Service, for purposes of—
(A) making improvements in technology
(including infrastructure support, computer se-
curity, and information technology develop-
ment) 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 in-
volved in border security may waive all or part of en-
rollment fees for technology-based programs to en-
courage 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 At-
torney General may, to the extent reasonable, in-
crease 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
authorized to be appropriated to the Immigration and
Naturalization Service, the United States Customs Serv-
ice, 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 Author-
ization 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 determined by the Secretary of State after conducting
a study of the cost of such service.
(c) SURCHARGE.—The Department of State is au-
thorized to charge a surcharge of $10, in addition to the
machine-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 subsection shall be credited as an
offsetting collection to any appropriation for the Depart-
ment of State to recover costs of providing consular serv-
ices. Amounts so credited shall be available, until ex-
pended, 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
INTELLIGENCE INFORMATION.—
(1) IN
GENERAL.—Not later than 120 days
after the date of enactment of this Act, the Presi-
dent shall submit to the appropriate committees of
Congress a report identifying Federal law enforce-
ment and the intelligence community information
needed by the Department of State to screen visa
applicants, or by the Immigration and Naturaliza-
tion Service to screen applicants for admission to the
United States, and to identify those aliens inadmis-
sible or deportable under the Immigration and Na-
tionality 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
PATRIOT Act, the President shall develop and im-
plement a plan based on the findings of the report
under subsection (b) that requires Federal law en-
forcement agencies and the intelligence community
to provide to the Department of State and the Im-
migration and Naturalization Service all information
identified in that report as expeditiously as prac-
ticable.
(2) CONSULTATION
REQUIREMENT.—In the
preparation and implementation of the plan under
this subsection, the President 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 (b) 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 or
deportability 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
erroneous 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 IN-
FORMATION.—Any person who obtains information
under this subsection without authorization or ex-
ceeding authorized access (as defined in section
1030(e) of title 18, United States Code), and who
uses such information in the manner described in
any of the paragraphs (1) through (7) of section
1030(a) of such title, or attempts to use such infor-
mation 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
TECH-
NOLOGY 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 IN-
TELLIGENCE 
DATA 
SYSTEM 
WITH 
NAME-
MATCHING CAPACITY AND TRAINING.
(a) INTEROPERABLE LAW ENFORCEMENT AND IN-
TELLIGENCE ELECTRONIC DATA SYSTEM.—
(1) REQUIREMENT FOR INTEGRATED IMMIGRA-
TION
AND
NATURALIZATION
DATA
SYSTEM.—The
Immigration and Naturalization Service shall fully
integrate 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 im-
plementation of the plan required by section 201(c),
the President shall develop and implement an inter-
operable electronic data system to provide current
and immediate access to information in databases of
Federal law enforcement agencies and the intel-
ligence community that is relevant to determine
whether to issue a visa or to determine the admissi-
bility or deportability 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 Stand-
ards 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 PA-
TRIOT Act, as amended by section 201(c)(5)
and subparagraph (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
SYS-
TEM.—Subject to paragraph (6), information in the
data system under this subsection shall be readily
and easily 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 identifica-
tion of aliens.
(6) LIMITATION
ON
ACCESS.—The President
shall, in accordance with applicable Federal laws, es-
tablish procedures to restrict access to intelligence
information in the data system under this sub-
section, and the databases referred to in paragraph
(2), under circumstances in which such information
is not to be disclosed directly to Government officials
under paragraph (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
disparate name formats among the different
databases 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 improve-
ments 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
electronic database shall be searchable based on
linguistically 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 Direc-
tor of Central Intelligence.
(ii) IMPLEMENTATION
SCHEDULE.—
Of the 4 linguistically sensitive algorithms
required 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
submit a report to the appropriate committees of
Congress on the progress in implementing each re-
quirement 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 complete the survey and issue the report
previously required by section 309(a) of the In-
telligence Authorization 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 Director of Intelligence shall issue the
guidelines and submit the copy of those guide-
lines previously required by section 309(b) of
the Intelligence Authorization 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
subsection.
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
President shall establish a Commission on Interoperable
Data Sharing (in this section referred to as the ‘‘Commis-
sion’’). 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 Minor-
ity Leader of the House of Representatives, the Ma-
jority Leader of the Senate, and the Minority Lead-
er of the Senate.
(c) CONSIDERATIONS.—The Commission shall con-
sider 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 stand-
ards, to protect the integrity and confidentiality of
information to prevent against the risks of acci-
dental or unauthorized loss, access, destruction, use
modification, 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 interoper-
able data system or the data maintained by the sys-
tem, including recommendations for modifications to
existing 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 Serv-
ice 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
integrated 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 Sec-
retary of State shall—
(1) implement, fund, and use a technology
standard under section 403(c) of the USA PA-
TRIOT 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, arrival-departure records, and other travel
documents possessed by aliens; and
(3) make interoperable all security databases
relevant 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 Naturaliza-
tion 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
General, the Secretary of State, and the National
Institute of Standards and Technology (NIST), act-
ing jointly, shall submit to the appropriate commit-
tees of Congress a comprehensive report assessing
the actions that will be necessary, and the consider-
ations 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 docu-
ments that use standardized 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 biometric identifiers
recognized by domestic and international 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
documents issued to aliens, and passports
issued pursuant to subsection (c)(1).
(B) USE OF READERS AND SCANNERS.—
The Attorney General, in consultation with the
Secretary of State, shall utilize biometric data
readers 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
systems employed to implement paragraphs (1) and
(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
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
country that is designated to participate in the visa
waiver program established under section 217 of the
Immigration and Nationality Act shall certify, as a
condition for designation or continuation of that des-
ignation, that it has a program to issue to its na-
tionals machine-readable passports that are tamper-
resistant and incorporate biometric identifiers that
comply with applicable biometric identifiers stand-
ards established by the International Civil Aviation
Organization. This paragraph shall not be construed
to rescind the requirement of section 217(a)(3) of
the Immigration and Nationality Act.
(2) USE OF TECHNOLOGY STANDARD.—On and
after October 26, 2003, any alien applying for ad-
mission 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
necessary to carry out this section, including reimburse-
ment to international and domestic standards organiza-
tions.
SEC. 304. TERRORIST LOOKOUT COMMITTEES.
(a) ESTABLISHMENT.—The Secretary of State shall
require a terrorist lookout committee to be maintained
within each United States mission.
(b) PURPOSE.—The purpose of each committee es-
tablished 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 infor-
mation 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 admin-
istering 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
lookout databases.
(c) COMPOSITION; CHAIR.—The Secretary shall es-
tablish rules governing the composition of such commit-
tees.
(d) MEETINGS.—The committee shall meet at least
monthly to share information pertaining to the commit-
tee’s purpose as described in subsection (b)(2).
(e) PERIODIC REPORTS.—The committee shall sub-
mit 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
necessary 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 offi-
cers shall be specially and extensively trained in the identi-
fication of aliens inadmissible under section 212(a)(3) (A)
and (B) of the Immigration and Nationality Act, inter-
agency and international intelligence sharing terrorists
and terrorism, and cultural-sensitivity toward visa appli-
cants.
(b) 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 Assistant to the President for Homeland Secu-
rity, Federal law enforcement agencies, and the intel-
ligence community to compile and disseminate to the Bu-
reau of Consular Affairs reports, bulletins, updates, and
other current unclassified information relevant to terror-
ists 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
necessary 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 sub-
section, the Secretary of State shall apply standards devel-
oped 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 nation-
als 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 de-
termined by the Secretary of State under any of the
laws specified 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 Ad-
ministration Act of 1979 (or successor statute).
(B) Section 40(d) of the Arms Export
Control 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 es-
tablished under section 217 of the Immigration and Na-
tionality Act (8 U.S.C. 1187), the Immigration and Natu-
ralization Service shall determine that the applicant for
admission does not appear in any of the appropriate look-
out 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
intelligence data system, not later than 72 hours
after receiving notification of the loss or theft of a
United States or foreign passport, the Attorney Gen-
eral and the Secretary of State, as appropriate, shall
enter into such system the corresponding identifica-
tion 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 safety of the United States, Canada, and Mexico.
(b) STUDY ELEMENTS.—In conducting the study re-
quired by subsection (a), the officials specified in sub-
section (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 Depart-
ment of State and the Immigration and Naturaliza-
tion Service to determine whether such travelers are
admissible 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 expanding 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 ex-
panding preinspection facilities at foreign airports as
described in section 235A of the Immigration and
Nationality Act (8 U.S.C. 1225). Consideration shall
be 
given 
to 
the 
feasibility 
of 
expanding
preinspections to foreign nationals on air flights des-
tined for Canada and Mexico, and the cross training
and funding of inspectors from Canada and Mexico.
(3) CONDITIONS.—A determination of the
measures necessary to ensure that the conditions re-
quired by section 235A(a)(5) of the Immigration
and Nationality Act (8 U.S.C. 1225a(a)(5)) are sat-
isfied, including 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 appropriate 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
necessary 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 sub-
section (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 subsection (d) to provide to an immigration offi-
cer at that port manifest information about each
passenger, crew member, and other occupant trans-
ported 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 sea-
port 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 pro-
vide 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 mani-
fest 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 applica-
ble;
‘‘(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 trans-
ported 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 trans-
mitted electronically by the appropriate official specified
in subsection (d) to an immigration officer.
‘‘(f) PROHIBITION.—No operator of any private or
public carrier that is under a duty to provide manifest 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 SHIP-
MENTS, AIRCRAFT, OR CARRIERS.—If it shall appear to
the satisfaction of the Attorney General that an appro-
priate official specified in subsection (d), any public or pri-
vate 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 information provided is not accurate and full
based on information provided to the carrier, such official,
carrier, or agent, as the case may be, shall pay to the Com-
missioner the sum of $300 for each person with respect
to whom such accurate and full manifest information is
not provided, or with respect to whom the manifest infor-
mation 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 Gen-
eral or a sum sufficient to cover such penalty.
‘‘(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
President shall conduct a study regarding the feasibility
of extending the requirements of subsections (a) and (b)
of section 231 of the Immigration and Nationality Act (8
U.S.C. 1221), as amended by subsection (a), to any com-
mercial 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 en-
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. PREARRIVAL MESSAGES FROM OTHER VESSELS
DESTINED TO UNITED STATES PORTS.
(a) IN GENERAL.—Section 4(a)(5) of the Ports and
Waterways Safety Act (33 U.S.C. 1223(a)(5)) is amended
by striking paragraph (5) and inserting the following:
‘‘(5)(A) may require the receipt of prearrival
messages from any vessel destined for a port or
place subject to the jurisdiction of the United States,
not later than 96 hours before the vessel’s arrival or
such time as deemed necessary under regulations
promulgated by the Secretary to provide any infor-
mation that the Secretary determines is necessary
for control of the vessel and the safety and security
of the port, waterways, facilities, vessels, and marine
environment, including—
‘‘(i) the route and name of each port and
each place of destination in the United States;
‘‘(ii) the estimated date and time of arrival
at each port or place;
‘‘(iii) the name of the vessel;
‘‘(iv) the country of registry of the vessel;
‘‘(v) the call sign of the vessel;
‘‘(vi) the International Maritime Organiza-
tion (IMO) international number or, if the ves-
sel does not have an assigned IMO international
number, the official number of the vessel;
‘‘(vii) the name of the registered owner of
the vessel;
‘‘(viii) the name of the operator of the ves-
sel;
‘‘(ix) the name of the classification society
of the vessel;
‘‘(x) a general description of the cargo on
board the vessel;
‘‘(xi) in the case of certain dangerous
cargo—
‘‘(I) the name and description of the
dangerous cargo;
‘‘(II) the amount of the dangerous
cargo carried;
‘‘(III) the stowage location of the dan-
gerous cargo; and
‘‘(IV) the operational condition of the
equipment under section 164.35 of title 33
of the Code of Federal Regulations;
‘‘(xii) the date of departure and name of
the port from which the vessel last departed;
‘‘(xiii) the name and telephone number of
a 24-hour point of contact for each port in-
cluded in the notice of arrival;
‘‘(xiv) the location or position of the vessel
at the time of the report;
‘‘(xv) a list of crew members on board the
vessel including with respect to each crew
member—
‘‘(I) the full name;
‘‘(II) the date of birth;
‘‘(III) the nationality;
‘‘(IV) the passport number or mari-
ners document number; and
‘‘(V) the position or duties;
‘‘(xvi) a list of persons other than crew
members onboard the vessel including with re-
spect to each such person—
‘‘(I) the full name;
‘‘(II) the date of birth;
‘‘(III) the nationality; and
‘‘(IV) the passport number; and
‘‘(xvii) any other information required by
the Secretary; and
‘‘(B) any changes to the information required
by subparagraph (A), except changes in the arrival
or departure time of less than 6 hours, must be re-
ported as soon as practicable but not less than 24
hours before entering the port of destination. The
Secretary may deny entry of a vessel into the terri-
torial sea of the United States if the Secretary has
not received notification for the vessel in accordance
with this paragraph.’’.
(b) INAPPLICABILITY OF FREEDOM OF INFORMATION
ACT.—Section 4 of the Ports and Waterways Safety Act
(33 U.S.C. 1223), as amended by subsection (a), is fur-
ther amended by adding at the end the following new sub-
section:
‘‘(e) INFORMATION NOT SUBJECT TO FREEDOM OF
INFORMATION ACT.—Section 552 of title 5, United States
Code, does not apply to any information submitted under
subsection (a)(5)(A).’’.
(c) RELATION TO THE PREARRIVAL MESSAGE RE-
QUIREMENT.—Section 5 of the Ports and Waterways
Safety Act (33 U.S.C. 1224) is amended by adding at the
end the following new subsection:
‘‘(c) Nothing in this section shall be construed to
limit the Secretary’s authority to require information
under section 4(a)(5) of this Act before a vessel’s arrival
in a port or place that is subject to the jurisdiction of
the United States.’’.
SEC. 404. SAFETY AND SECURITY OF PORTS AND WATER-
WAYS.
The Ports and Waterways Safety Act (33 U.S.C.
1221 et seq.) is amended—
(1) in section 2(a) (33 U.S.C. 1221(a)), by
striking ‘‘safety and protection of the marine envi-
ronment’’ and inserting ‘‘safety, protection of the
marine environment, and safety and security of
United States ports and waterways’’; and
(2) in section 5(a) (33 U.S.C. 1224(a)), by
striking ‘‘safety and protection of the marine envi-
ronment,’’ and inserting ‘‘safety, protection of the
marine environment, and safety and security of
United States ports and waterways,’’.
SEC. 405. 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.
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;
‘‘(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.
‘‘(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-
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)),
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-
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.
(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.
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
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
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
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
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-
mit to the appropriate committees of Congress a report
on the number of aliens who, during the preceding year,
failed to attend a removal hearing after having been ar-
rested outside a port of entry, served a notice to appear
for the hearing, and released on the alien’s own recog-
nizance. The report shall also take into account the num-
ber of cases in which there were defects in notices of hear-
ing or the service of notices of hearing, together with a
description and analysis of the effects, if any, that the de-
fects had on the attendance of aliens at the hearings.
(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,
without regard to whether the application was approved
or denied.
Æ