I
107TH CONGRESS
1ST SESSION
H. R. 3077
To improve procedures with respect to the admission to, and departure from,
the United States of aliens.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 10, 2001
Mr. CASTLE (for himself, Mr. DEAL of Georgia, Mr. FLAKE, Mr. NORWOOD,
Mr. STUMP, Mrs. JO
ANN
DAVIS
of Virginia, Mr. GOODE, Mr.
TANCREDO, Mrs. ROUKEMA, Mr. KERNS, Mrs. EMERSON, and Mr.
GREENWOOD) introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To improve procedures with respect to the admission to,
and departure from, the United States of aliens.
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 ‘‘Visa Integrity and Se-
curity Act of 2001’’.
SEC. 2. SENSE OF THE CONGRESS REGARDING THE NEED
TO EXPEDITE IMPLEMENTATION OF INTE-
GRATED ENTRY AND EXIT DATA SYSTEM.
In light of the terrorist attacks perpetrated against
the United States on September 11, 2001, it is the sense
of the Congress that—
(1) the Attorney General should fully imple-
ment the integrated entry and exit data system for
airports, seaports, and land border ports of entry, as
specified in section 110 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996,
as amended by the Immigration and Naturalization
Service Data Management Improvement Act of 2000
(Public Law 106–215), with all deliberate speed and
as expeditiously as practicable; and
(2) the Attorney General, in consultation with
the Secretary of State, the Secretary of Commerce,
and the Secretary of the Treasury, should imme-
diately begin establishing the Integrated Entry and
Exit Data System Task Force, as described in sec-
tion 3 of the Immigration and Naturalization Serv-
ice Data Management Improvement Act of 2000
(Public Law 106–215).
SEC. 3. INTEGRATED ENTRY AND EXIT DATA SYSTEM.
(a) DEVELOPMENT OF THE SYSTEM.—In the devel-
opment of the integrated entry and exit data system re-
ferred to in section 2, the Attorney General shall particu-
larly focus on—
(1) the utilization of biometric technology, in-
cluding, but not limited to, electronic fingerprinting,
face recognition, and retinal scan technology; and
(2) developing a tamper-proof identification,
readable at ports of entry as a part of any non-
immigrant visa issued by the Secretary of State.
(b) INTEGRATION WITH LAW ENFORCEMENT DATA-
BASES.—The entry and exit data system described in sub-
section (a) shall be able to be integrated with law enforce-
ment databases for use by State and Federal law enforce-
ment to identify and detain individuals in the United
States after the expiration of their visa.
SEC. 4. ACCESS BY THE DEPARTMENT OF STATE TO CER-
TAIN IDENTIFYING INFORMATION IN THE
CRIMINAL HISTORY RECORDS OF VISA APPLI-
CANTS AND APPLICANTS FOR ADMISSION TO
THE UNITED STATES.
(a) AMENDMENT OF THE IMMIGRATION AND NA-
TIONALITY ACT.—Section 105 of the Immigration and
Nationality Act (8 U.S.C. 1105) is amended—
(1) in the section heading, by inserting ‘‘; DATA
EXCHANGE’’ after ‘‘SECURITY OFFICERS’’;
(2) by inserting ‘‘(a)’’ after ‘‘SEC. 105.’’;
(3) in subsection (a), by inserting ‘‘and border’’
after ‘‘internal’’ the second place it appears; and
(4) by adding at the end the following:
‘‘(b) The Attorney General and the Director of the
Federal Bureau of Investigation shall provide the Depart-
ment of State access to the criminal history record infor-
mation contained in the National Crime Information Cen-
ter’s Interstate Identification Index (NCIC–III), Wanted
Persons File, and to any other files maintained by the Na-
tional Crime Information Center that may be mutually
agreed upon by the Attorney General and the Department
of State, for the purpose of determining whether or not
a visa applicant or applicant for admission has a criminal
history record indexed in any such file. The Department
of State shall merge the information obtained under this
subsection with the information in the system currently
accessed by consular officers to determine the criminal his-
tory records of aliens applying for visas.’’.
(b) REGULAR REPORTING.—The Director of Central
Intelligence, the Secretary of Defense, the Commissioner
of Immigration and Naturalization, and the Director of
the Federal Bureau of Investigation shall provide informa-
tion to the Secretary of State on a regular basis as agreed
by the Secretary and the head of each of these agencies
that will assist the Secretary in determining if an appli-
cant for a visa has a criminal background or poses a threat
to the national security of the United States or is affiliated
with a group that poses such a threat.
(c) REPORT
ON SCREENING INFORMATION.—Not
later than 6 months after the date of enactment of this
Act, the Secretary of State shall submit a report to Con-
gress on the information that is needed from any United
States agency to best screen visa applicants to identify
those affiliated with terrorist organizations or those that
pose any threat to the safety or security of the United
States, including the type of information currently re-
ceived by United States agencies and the regularity with
which such information is transmitted to the Secretary.
SEC. 5. STUDENT TRACKING SYSTEM.
(a) INTEGRATION WITH PORT OF ENTRY INFORMA-
TION.—For each alien with respect to whom information
is collected under this section, the Attorney General shall
include information on the date of entry, port of entry,
and nonimmigrant classification.
(b) EXPANSION OF SYSTEM TO INCLUDE OTHER AP-
PROVED EDUCATIONAL INSTITUTIONS.—Section 641 of
the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1372) is amended—
(1) in subsection (a)(1), subsection (c)(4)(A),
and subsection (d)(1) (in the text above subpara-
graph (A)), by inserting ‘‘, other approved edu-
cational institutions,’’ after ‘‘higher education’’ each
place it appears;
(2) in subsections (c)(1)(C), (c)(1)(D), and
(d)(1)(A), by inserting ‘‘, or other approved edu-
cational institution,’’ after ‘‘higher education’’ each
place it appears;
(3) in subsections (d)(2), (e)(1), and (e)(2), by
inserting ‘‘, other approved educational institution,’’
after ‘‘higher education’’ each place it appears; and
(4) in subsection (h), by adding at the end the
following new paragraph:
‘‘(3) OTHER APPROVED EDUCATIONAL INSTITU-
TION.—The term ‘other approved educational insti-
tution’ includes any air flight school, language train-
ing school, vocational school, or other school, ap-
proved by the Attorney General, in consultation with
the Secretary of Education, under subparagraph
(F), (J), or (M) of section 101(a)(15) of the Immi-
gration and Nationality Act.’’.
(c) EXPANSION
OF SYSTEM
TO INCLUDE ADDI-
TIONAL INFORMATION.—Section 641(b) of the Illegal Im-
migration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C.1372(b)), as amended by subsection (a),
is further amended—
tional Crime Information Center’s Interstate Identi-
fication Index.’’.
SEC. 6. STRENGTHENING VISA WAIVER PILOT PROGRAM.
Section 217(c)(2) of the Immigration and Nationality
Act (8 U.S.C. 1187(c)(2)) is amended by adding at the
end the following:
‘‘(D) TAMPER
PROOF
PASSPORT.—The
country employs a tamper-proof passport, has
established a program to reduce the theft of
passports, and has experienced during the pre-
ceding two-year period a low rate of theft of
passports, as determined by the Secretary of
State.’’.
SEC. 7. REPORTING REQUIREMENT REGARDING H–1B NON-
IMMIGRANT ALIENS.
(a) REQUIREMENT.—Not later than 14 days after the
employment of a nonimmigrant alien described in section
101(a)(15)(H)(i)(b) of the Immigration and Nationality
Act is terminated by an employer, the employer shall so
report to the Attorney General, together with the reasons
for the termination, if such reasons exist.
(b) PENALTY.—Any employer who fails to make a re-
port required under subsection (a) shall be ineligible to
employ any nonimmigrant alien described in that sub-
section for a period of one year.
Æ