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. 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) 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-
nual rate of basic pay payable for positions at
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
(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 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 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 section shall be credited as an offset-
ting collection to any appropriation for the Department
of State to recover costs of providing consular services.
Amounts so credited shall be available, until expended, 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, and other travel and entry 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