Enhanced Border Security and Visa Entry Reform Act of 2002
PL 107-173 (H.R.3525), enacted 05/14/2002

PUBLIC LAW 107-173—MAY 14, 2002 
116 STAT. 543 
Public Law 107-
107th Congress 
173 
An Act 
To enhance the border security of the United States, and for other purposes. 
Be it enacted by the Senate and House of Representatives 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 2002". 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 
Sec. 
1. Short title. 
2. Defirdtions. 
TITLE I—FUNDING 
Sec. 101. Authorization of appropriations for hiring and training Government per-
sonnel. 
Sec. 102. Authorization of appropriations for improvements in technology and infra-
structure. 
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. 
Sec. 204. Personnel management authorities for positions involved in the develop-
ment and implementation of the interoperable electronic data system 
("Chimera system"). 
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 countries 
that are state sponsors of international terrorism. 
Sec. 307. Designation of program countries imder the Visa Waiver Program. 
Sec. 308. Tracking system for stolen passports. 
Sec. 309. Identification documents for certain newly admitted aliens. 
TITLE rV—INSPECTION AND ADMISSION OF ALIENS 
Sec. 401. Study of the feasibility of a North American National Security Program. 
Sec. 402. Passenger manifests. 
Sec. 403. Time period for inspections. 
Sec. 404. Joint United States-Canada projects for alternative inspections services. 
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 sponsor 
certain nonimmigrants. 
May 14, 2002 
[H.R. 3525] 
Enhanced Border 
Security and Visa 
Entry Reform Act 
of2002. 
A.liprm 
8 use" 1701 note. 
116 STAT. 544 
PUBLIC LAW 107-173—MAY 14, 2002 
TITLE VI—MISCELLANEOUS PROVISIONS 
Sec. 601. Extension of deadline for improvement in border crossing identification 
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. 
8 u s e 1701. 
SEC. 2. DEFINrnONS. 
In this Act: 
(1) ALIEN.—The term "ahen" has the meaning given the 
term in section 101(aX3) of the Immigration and Nationeility 
Act (8 U.S.C. 1101(a)(3)). 
(2) APPROPRIATE COMMITTEES OF CONGRESS.—The term 
"appropriate committees of Congress" means the following: 
(A) The Committee on the Judiciary, the Select Com-
mittee on Intelligence, and the Committee on Foreign Rela-
tions 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) CHIMERA SYSTEM.—The term "Chimera system" means 
the interoperable electronic data system required to be devel-
oped and implemented by section 202(a)(2). 
(4) FEDERAL LAW ENFORCEMENT AGENCIES.—The term "Fed-
eral law enforcement agencies" means the following: 
(A) The United States Secret Service. 
(B) The Drug Enforcement Administration. 
(C) The Federal Bureau of Investigation. 
(D) The Immigration and Naturalization Service. 
(E) The United States Marshall Service. 
(F) The Naval Criminal Investigative Service. 
(G) The Coastal Security Service. 
(H) The Diplomatic Security Service. 
(I) The^United States Postsd Inspection Service. 
(J) The Bureau of Alcohol, Tobacco, and Firearms. 
(K) The United States Customs Service. 
(L) The National Park Service. 
(5) 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)). 
(6) PRESIDENT.—The term "President" means the President 
of the United States, acting through the Assistant to the Presi-
dent for Homeland Security, in coordination with the Secretary 
of State, the Commissioner of Immigration and Naturalization, 
the Attorney General, the Director of Central Intelligence, the 
Director of the Federal Bureau of Investigation, the Secretary 
of Transportation, the Commissioner of Customs, and the Sec-
retary of the Treasury. 
(7) USA PATRIOT ACT.—The term "USA PATRIOT Act" 
means the Uniting and Strengthening America by Providing 
Appropriate Tools Required to Intercept and Obstruct Ter-
rorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-
56). 
PUBLIC LAW 107-173—MAY 14, 2002 
116 STAT. 545 
TITLE I—FUNDING 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR HIRING AND 
8USC1711. 
TRAINING GOVERNMENT PERSONNEL. 
(a) ADDITIONAL PERSONNEL.— 
(1) INS INSPECTORS.—Subject to the availability of appro-
priations, during each of the fiscal years 2003 through 2006, 
the Attorney General shall increase the number of inspectors 
and associated support staff in the Immigration and Naturaliza-
tion Service by the equivalent of at least 200 full-time 
employees over the number of inspectors and associated support 
stEiff in the Immigration and Naturalization Service authorized 
by the USA PATRIOT Act. 
(2) INS INVESTIGATIVE PERSONNEL.—Subject to the avail-
ability of appropriations, during each of the fiscal years 2003 
through 2006, the Attorney Greneral shall increase the number 
of investigative and associated support staff of the Immigration 
£uid Naturalization Service by the equivalent of at least 200 
full-time employees over the number of investigators and associ-
ated support staff in the Immigration and Natiu*alization 
Service authorized by the USA PATRIOT Act. 
(3) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated such sums as may be necessary to 
carry out this subsection, including such siuns as may be nec-
essEuy to provide facilities, attorney personnel and support 
staff, and other resources needed to support the increased 
nxmiber of inspectors, investigative stsiff, and associated support 
staff. 
(b) 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 effective 
October 1, 2002— 
(A) for all journe3maan Border Patrol agents and inspec-
tors who have completed at least one year's service and 
are receiving an annual 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 Greneral Schedule 
under such section 5332; 
(B) for inspections assistants, fi'om the annueJ 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 annuEd rate of basic pay payable for positions at 
GS-7 of the General Schedule under such section 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. 
(c) AUTHORIZATION OF APPROPRIATIONS FOR TRAINING.—There 
are authorized to be appropriated such sums as may be necessary— 
(1) to appropriately train Immigration and Naturalization 
Service personnel on an ongoing basis— 
116 STAT. 546 
PUBLIC LAW 107-173—MAY 14, 2002 
(A) to ensure that their proficiency levels £ire acceptable 
to protect the borders of the United States; and 
(B) otherwise to enforce and administer the laws within 
their jurisdiction; 
(2) to provide adequate continuing cross-training to agen-
cies staffing the United States border and ports of entry to 
effectively and correctly apply applicable United States laws; 
(3) to fiiUy train immigration officers to use the appropriate 
lookout databases and to monitor passenger traffic patterns; 
and 
(4) to expEuid the Carrier Consultant Program described 
in section 235(b) of the Immigration and Nationality Act (8 
U.S.C. 1225A(b)). 
(d) AUTHORIZATION OF APPROPRIATIONS FOR CONSULAR FUNC-
TIONS.— 
(1) RESPONSIBILITIES.—The Secretary of State shall— 
(A) implement enhanced security measures for the 
review of visa applicants; 
(B) staff the facilities and programs associated with 
the activities described in subparagraph (A); and 
(C) provide ongoing training for consular officers and 
diplomatic security agents. 
(2) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated for the Department of State such sums 
as may be necessairy to carry out paragraph (1). 
8 use 1712. 
SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR IMPROVEMENTS 
IN TECHNOLOGY AND INFRASTRUCTURE. 
(a) FUNDING OF TECHNOLOGY.— 
(1) AUTHORIZATION OF APPROPRIATIONS.—In addition 
to 
funds otherwise avsiilable for such purpose, there are authorized 
to be appropriated $150,000,000 to the Immigration and Natu-
ralization Service for purposes o
f
— 
(A) making improvements in technology (including 
infrastructure support, computer security, and information 
technology development) 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 pro-
gremis for preenroUment and preclegirance. 
(2) WAIVER OF FEES.—Federal agencies involved in border 
security may wEiive all or part of enrollment fees for technology-
based programs to encourage 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 Attorney General 
may, to the extent reasonable, increase land border fees for 
the issuance of arrival-departure docimients 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. 
PUBLIC LAW 107-173—MAY 14, 2002 
116 STAT. 547 
SEC. 103. MACHINE-READABLE VISA FEES. 
(a) RELATION TO SUBSEQUENT AUTHORIZATION ACTS.—Section 
140(a) of the Foreign Relations Authorization Act, Fiscal Yeeirs 
1994 and 1995 (PubHc Law 103-236) is amended by striking para-
graph (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.—^TTie Department of State is authorized to 
charge a surcharge of $10, in addition to the machine-readable 
visa fee, for issmng a machine-readable visa in a nonmachine-
readable passport. 
(d) AVAILABILITY OF COLLECTED FEES.—Notwithstanding any 
other provision of law, amounts collected as fees described in this 
section shall be credited as an offsetting collection to any appropria-
tion for the Department of State to recover costs of providing 
consular services. Amounts so credited shaHl be available, until 
expended, for the same purposes as the appropriation to which 
credited. 
8 use 1713. 
8 use 1351 note. 
TITLE II—INTERAGENCY INFORMATION 
SHARING 
SEC. 201. INTERIM MEASURES FOR ACCESS TO AND COORDINATION 
OF LAW ENFORCEMENT AND OTHER INFORMATION. 
(a) INTERIM DIRECTIVE.—Until the plan required by subsection 
(c) is implemented. Federal law enforcement agencies and the intel-
ligence community shall, to the maximum extent practicable, share 
any information with the Department of State 2mid the Immigration 
and Naturalization Service relevant to the admissibility and deport-
ability 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 President shall submit to the 
appropriate committees of Congress a report identifying Federal 
law enforcement and the intelligence community information 
needed by the Department of State to screen visa applicants, 
or by the Immigration and Naturalization Service to screen 
applicants for admission to the United States, and to identify 
those aliens inadmissible or deportable under the Immigration 
and Nationsdity Act. 
(2) REPEAL.—Section 414(d) of the USA PATRIOT Act is 
hereby repesJed. 
(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 implement a plan based on the findings 
of the report under subsection (b) that requires Federal law 
enforcement agencies and the intelligence community to provide 
to the Department of State and the Immigration and Natu-
ralization Service all information identified in that report as 
expeditiously as practicable. 
8 use 1721. 
Deadline. 
President. 
8 use 1365a 
note. 
Deadline. 
President. 
116 STAT. 548 
PUBLIC LAW 107-173—MAY 14, 2002 
President. 
(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 imder this subsection shall establish condi-
tions for using the information described in subsection (b) 
received by the Department of State and Immigration and 
Naturedization Service— 
(A) to limit the redissemination of such information; 
(B) to ensure that such information is used solely to 
determine whether to issue a visa to an alien or to deter-
mine the admissibility or deportability of an alien to the 
United States, except as otherwise authorized under Fed-
eral law; 
(C) to ensure the accuracy, security, and confidentiality 
of such information; 
(D) to protect any privacy rights of individuals 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 information as required by 
section 103(c)(6) of the National Security Act of 1947 (50 
U.S.C. 403-3(cX6)). 
(4) CRIMINAL PENALTIES FOR MISUSE OF INFORMATION.— 
Any person who obtains information under this subsection with-
out authorization or exceeding 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 information 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 TECHNOLOGY STANDARD 
8USC1379. 
AND REPORT.—Section 403(c) of the USA PATRIOT Act is 
amended— 
(A) in paragraph (1), by striking "2 years" and inserting 
"15 months"; and 
(B) in paragraph (4), by striking "18 months" and 
inserting "one year". 
8 use 1722. 
SEC. 202. D4TEROPERABLE LAW ENFORCEMENT AND INTELUGENCE 
DATA SYSTEM WITH NAME-MATCHING CAPACITY AND 
TRAINING. 
(a) 
INTEROPERABLE LAW ENFORCEMENT AND INTELLIGENCE 
ELECTRONIC DATA SYSTEM.— 
(1) REQUIREMENT FOR INTEGRATED IMMIGRATION AND NATU-
RALIZATION DATA SYSTEM.—^The Immigration and Naturaliza-
tion Service shall fully integrate all databases £ind data systems 
meuntained by the Service that process or contain information 
on aliens. The fully integrated data system shall be an inter-
operable component of the electronic data system described 
in paragraph (2). 
President. 
(2) REQUIREMENT FOR INTEROPERABLE DATA SYSTEM.—Upon 
the date of commencement of implementation of tiie plan 
required by section 201(c), the President shall develop and 
PUBLIC LAW 107-173—MAY 14, 2002 
lirSTAT. 549 
implement an interoperable electronic data system to provide 
current and immediate access to information in databases of 
Federal law enforcement agencies and the intelligence commu-
nity that is relevant to determine whether to issue a visa 
or to determine the admissibility or deportability of an alien 
(also known as the "Chimera system"). 
(3) CONSULTATION REQUIREMENT.—In the development and President. 
implementation of the data system under this subsection, the 
President shall consult with the Director of the National 
Institute of Standsirds and Technology (NIST) and any such 
other agency as may be deemed appropriate. 
(4) TECHNOLOGY STANDARD.— 
(A) IN GENERAL.—The data system developed 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 
PATRIOT 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 
8 USC 1379. 
further amended— 
(i) in pgiragraph (1), by inserting ", including appro-
priate biometric identifier standards," after "technology 
stand£U"d"; and 
(ii) in peiragraph (2) — 
(I) by striking "INTEGRATED" and inserting 
"INTEROPERABLE"; and 
(II) by striking "integrated" and inserting 
"interoperable". 
(5) ACCESS TO INFORMATION IN DATA SYSTEM.—Subject to 
paragraph (6), information in the data system under this sub-
section shall be readily a;id easily accessible— 
(A) to any consular officer responsible for the issuance 
of visas; 
(B) to any Federal official responsible for determining 
an gdien's admissibility to or deportability from the United 
States; and 
(C) to any Federal law enforcement or intelligence 
officer determined by regulation to be responsible for the 
investigation or identification of aliens. 
(6) LIMITATION ON ACCESS.—The President shall, in accord- President. 
ance with applicable Federal laws, establish procedures to Procedures, 
restrict access to intelligence information in the data system 
under this subsection, and the databases referred to in para-
graph (2), under circumstances in which such information is 
not to be disclosed directly to Government officials tmder para-
graph (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 sub-
section (a); 
(B) be searchable on a linguistically sensitive basis; 
(C) provide adequate user support; 
(D) to the extent practicable, utilize commercially avail-
able technology; and 
116 STAT. 550 
PUBLIC LAW 107-173—MAY 14, 2002 
Procedures. 
Deadline. 
President. 
Deadlines. 
(E) be adjusted and improved, based upon experience 
with the databases and improvements in the underlying 
technologies and sciences, on a continuing basis. 
(2) LINGUISTICALLY SENSITIVE SEARCHES.— 
(A) IN GENERAL.—To satisfy the requirement of para-
graph (1)(B), the interoperable electronic database shall 
be searchable based on linguistically sensitive algorithms 
that— 
(i) account for variations in name formats and 
transliterations, including varied spellings and varied 
separation or combination of name elements, within 
a particular language; and 
(ii) incorporate advanced linguistic, mathematical, 
/ 
statistical, and anthropological research and methods. 
(B) LANGUAGES REQUIRED.— 
(i) PRIORITY LANGUAGES.—Linguistically sensitive 
algorithms shall be developed 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 Director of Central Intel-
ligence. 
(ii) IMPLEMENTATION SCHEDULE.—Of the 4 linguis-
tically sensitive algorithms required to be developed 
and implemented under clause (i)— 
(I) the highest priority language algorithms 
shall be implemented within 18 months after the 
date of enactment of this Act; and 
(II) an additional language algorithm shall be 
implemented each succeeding year for the next 
three years. 
(3) ADEQUATE USER.SUPPORT.—^The Secretary of State and 
the Attorney General shall jointly prescribe procedures to 
ensure that consular and immigration officers can, as required, 
obtain assistance in resolving identity and other questions that 
may arise about the names of aliens seeking visas or admission 
to the United States that may be subject to variations in 
format, transliteration, or other similar phenomenon. 
(4) INTERIM REPORTS.—Six months after the date of enact-
ment of this Act, the President shall submit a report to the 
appropriate committees of Congress on the progress in imple-
menting each requirement 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 Intelligence 
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 Central 
Intelligence shall issue the guidelines and submit the copy 
of those guidelines 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 author-
ized to be appropriated such sums as are necessary to carry 
out the provisions of this subsection. 
PUBLIC LAW 107-173—MAY 14, 2002 
116 STAT. 551 
SEC. 203. COMMISSION ON INTEROPERABLE DATA SHARING. 
(a) ESTABLISHMENT.—Not later than one yesir after the date 
of enactment of the USA PATRIOT Act, the President shall estab-
lish a Commission on Interoperable Data Sharing (in this section 
referred to as the "Commission"). The purposes of the Commission 
shall be to— 
(1) monitor the protections described in section 201(c)(3); 
(2) provide oversight of the interoperable electronic data 
system described in section 202; and 
(3) report to Congress annually on the Commission's 
findings and recommendations. 
(b) COMPOSITION.—The Commission shall consist of nine mem-
bers, who shall be appointed by the President, as follows: 
(1) One member, who shall serve as Cheiir of the Commis-
sion. 
(2) Eight members, who shall be appointed fi-om a list 
of nominees jointly provided by the Speaker of the House of 
Representatives, the Minority Leader of the House of Rep-
resentatives, the Majority Leader of the Senate, £ind the 
Minority Leader of the Senate. 
(c) CONSIDERATIONS.—^The Commission shall consider rec-
ommendations regarding the following issues: 
(1) Adequate protection of privacy concerns inherent in 
the design, implementation, or operation of the interoperable 
electronic data system. 
(2) Timely adoption of security innovations, consistent with 
generally accepted security standards, to protect the integrity 
and confidentiality of information to prevent the risks of acci-
dentgd or imauthorized loss, access, destruction, use modifica-
tion, or disclosiu'e 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 interoperable data system 
or the data maintained by the system, including recommenda-
tions for modifications to existing laws and regulations to sanc-
tion misuse of the system. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Commission such sums as may be nec-
essary to C£UTy out this section. 
SEC. 204. PERSONNEL MANAGEMENT AUTHORITIES FOR POSITIONS 
INVOLVED IN THE DEVELOPMENT AND IMPLEMENTA-
TION OF THE INTEROPERABLE 
ELECTRONIC DATA 
SYSTEM ("CHIMERA SYSTEM^). 
(a) IN GENERAL.—Notwithstanding any other provision of law 
relating to position classification or employee pay or performance, 
the Attorney General may hire and fix the compensation of nec-
essary scientific, technical, engineering, and other analytical per-
sonnel for the purpose of the development Euid implementation 
of the interoperable electronic data system described in section 
202(a)(2) (also known as the "Chimera system"). 
(b) LIMITATION ON RATE OF PAY.—Except as otherwise provided 
by law, no employee compensated under subsection (a) may be 
paid at a rate in excess of the rate payable for a position at 
level III of the Executive Schedule. 
8 use 1723. 
Deadlines. 
President. 
Reports. 
President. 
8 use 1724. 
99-194 O - 03 -19 : QL 3 Part 1 
116 STAT. 552 
PUBLIC LAW 107-173—MAY 14, 2002 
(c) LIMITATION ON TOTAL CALENDAR YEAR PAYMENTS.—Total 
payments to employees under any system established under this 
section shall be subject to the limitation on payments to employees 
under section 5307 of title 5, United States Code. 
Deadline. 
(d) OPERATING PLAN.—Not later than 90 days after the date 
of enactment of this Act, the Attorney General shall submit to 
the Committee on Appropriations, the Committee on the Judiciary, 
the Select Committee on Intelligence, and the Committee on Foreign 
Relations of the Senate and the Committee on Appropriations, 
the Committee on the Judiciary, the Permanent Select Committee 
on Intelligence, and the Committee on International Relations of 
the House of Representatives an operating plan— 
(1) describing the Attorney General's intended use of the 
authority under this section; and 
(2) identifying any provisions of title 5, United States Code, 
being waived for purposes of the development £uid implementa-
tion of the Chimera system. 
(e) TERMINATION DATE.—The authority of this section shall 
terminate upon the implementation of the Chimera system, 
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 subpara-
graphs (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 sheJl provide to the Service an 
electronic version of the visa file of each 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.". 
8 use 1731. 
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 £uid Naturalization Service Data Management 
Improvement Act of 2000 (PubUc Law 106-215), the Attorney Gen-
eral and the Secreteuy of State shadl— 
(1) implement, fund, and use a technology standard under 
section 403(c) of the USA PATRIOT Act (as amended by sections 
201(c)(5) and 202(a)(4)(B)) at United States ports of entry and 
at consular posts abroad; 
(2) establish a database containing the arrival and depar-
ture 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 NationaUty Act (8 U.S.C. 1182). 
(b) IMPLEMENTATION.—In implementing the provisions of sub-
section (a), the Immigration and Naturalization Service and the 
Department of State shall— 
PUBLIC LAW 107-173—MAY 14, 2002 
116 STAT. 553 
(1) utilize technologies that facilitate the lawful and effi-
cient 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 Tech-
nology (NIST), acting jointly, shall submit to the appropriate 
committees of Congress a comprehensive report assessing the 
actions that will be necessary, and the considerations to be 
taken into account, to achieve fully, not later than October 
26, 2004— 
(A) implementation of the requirements of subsections 
(b) and (c); and 
(B) deployment of the equipment and software to allow 
biometric comparison and authentication of the documents 
described in subsections (b) and (c). 
(2) ESTIMATES.—In addition to the assessment required 
by paragraph (1), the report required by that paragraph shall 
include an estimate of the costs to be incurred, and the per-
sonnel, man-hours, and other support required, by the Depart-
ment 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, 2004, the 
Attorney General and the Secretary of State shall issue to 
aliens only machine-readable, tamper-resistant visas and other 
travel and entry documents that use biometric identifiers. The 
Attorney General and the Secretary of State shall jointly estab-
lish document authentication standards and biometric identi-
fiers standards to be employed on such visas and other travel 
and entry documents from among those biometric identifiers 
recognized by domestic and international standards organiza-
tions. 
(2) 
READERS 
AND SCANNERS AT 
PORTS 
OF ENTRY.— 
(A) IN GENERAL.—Not later than October 26, 2004, 
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 compari-
son and authentication of all United States visas and other 
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 standards organiza-
tions determine to be highly accurate when used to 
verify identity; 
(ii) can read the biometric identifiers utilized under 
subsections (b)(1) and (c)(1); and 
Deadlines. 
8 use 1732. 
Standards. 
116 STAT. 554 
PUBLIC LAW 107-173—MAY 14, 2002 
(iii) can authenticate the document presented to 
verify identity. 
(3) USE OF TECHNOLOGY STANDARD.—The systems employed 
to implement paragraphs (1) and (2) shall utilize the technology 
standard established pursuEint to section 403(c) of the USA 
PATRIOT Act, as amended by section 201(c)(5) and 202(a)(4XB). 
(c) TECHNOLOGY STANDARD FOR VISA WAIVER PARTICIPANTS.— 
(1) CERTIFICATION REQUIREMENT.—Not later than October 
26, 2004, the government of each country that is designated 
to participate in the visa wsiiver program established under 
section 217 of the Immigration and NationgJity Act shall certify, 
as a condition for designation or continuation of that designa-
tion, that it has a program to issue to its nationals machine-
readable passports that are tamper-resistant and incorporate 
biometric and dociunent authentication identifiers that comply 
with applicable biometric and document identifying standards 
established by the Intemationed Civil Aviation Organization. 
This paragraph shall not be construed to rescind the require-
ment of section 217(a)(3) of the Immigration £uid Nationality 
Act. 
(2) USE OF TECHNOLOGY STANDARD.—On and after October 
26, 2004, any alien applying for admission under the visa 
waiver program under section 217 of the Immigration and 
Nationality Act shall present a passport that meets the require-
ments 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 simis as may be necesseiry to carry out 
this section, including reimbursement to international and domestic 
standards organizations. 
8 use 1733. 
SEC. 304. TERRORIST LOOKOUT COMMITTEES. 
(a) EsTABUSHMENT.—The Secretary of State shall require a 
terrorist lookout committee to be madntained within each United 
States mission to a foreign country. 
(b) PURPOSE.—The purpose of each committee established imder 
subsection (a) shall be— 
(1) to utilize the cooperative resources of all elements of 
the United States mission in the country in which the consular 
post is located to identify known or potential terrorists £uid 
to develop information on those individuals; 
(2) to ensure that such information is routinely and consist-
ently brought to the attention of appropriate United States 
officials for use in administering the immigration laws of the 
United States; and 
(3) to ensure that the names of known and suspected 
terrorists are entered into the appropriate lookout databases. 
(c) COMPOSITION; CHAIR.—The Secretary shall establish rules 
governing the composition of such committees. 
(d) MEETINGS.—Each committee established under subsection 
(a) shall meet at least monthly to share information pertaining 
to the committee's purpose as described in subsection (b)(2). 
(e) PERIODIC REPORTS TO THE SECRETARY OF STATE.—Each 
committee established under subsection (a) shall submit monthly 
reports to the Secretary of State describing the committee's activi-
ties, whether or not information on known or suspected terrorists 
was developed during the month. 
PUBLIC LAW 107-173—MAY 14, 2002 
116 STAT. 555 
(f) REPORTS TO CONGRESS.—The Secretary of State shall submit 
a report on a quarterly basis to the appropriate committees of 
Congress on the status of the committees established under sub-
section (a). 
(g) 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. 
8 USC 1734. 
(a) TRAINING.—The Secretary of State shall require that all 
consular officers responsible for adjudicating visa applications, 
before undertaking to perform consular responsibilities, 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 officers shall be specially and extensively trained in 
the identification of aliens inadmissible under section 212(a)(3) 
(A) and (B) of the Immigration £ind Nationality Act, interagency 
and international intelligence sharing regarding terrorists and ter-
rorism, and cultural-sensitivity towEo-d visa applicsuits. 
(b) USE OF FOREIGN 
INTELLIGENCE 
INFORMATION.—AS 
an 
ongoing component of the training required in subsection (a), the 
Secretary of State shall coordinate with the Assisteuit to the Presi-
dent for Homeland Security, Federal law enforcement agencies, 
£ind the intelligence community to compile and disseminate to the 
Bureau of Consular Affairs reports, bulletins, updates, and other 
current unclassified information relevant to terrorists and terrorism 
and to screening visa applicants who pose a potentizd 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 NONIMMIGRANTS 
8 USC 1735. 
FROM COUNTRIES THAT ARE STATE SPONSORS OF 
INTERNATIONAL TERRORISM. 
(a) IN GENERAL.—No nonimmigrant 
visa under 
section 
101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)) shall be issued to any alien fi"om a coiuitry 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 appropriate 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- Applicability. 
section, the Secretary of State shall apply standards developed 
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 nationads 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 determined by the Secretary of State under 
any of the laws specified in peiragraph (2) to have repeatedly 
provided support for acts of international terrorism. 
(2) LAWS UNDER WHICH DETERMINATIONS WERE MADE.— 
Tbe laws specified in this paragraph are the foUoAving: 
(A) Section 6(j)(l)(A) of the Export Administration Act 
of 1979 (or successor statute). 
(B) Section 40(d) of the Arms Export Control Act. 
116 STAT. 556 
PUBLIC LAW 107-173—MAY 14, 2002 
(C) Section 620A(a) of the Foreign Assistance Act of 
1961. 
SEC. 307. DESIGNATION OF PROGRAM COUNTRIES UNDER THE VISA 
WAIVER PROGRAM. 
(a) REPORTING PASSPORT THEFTS.—Section 217 of the Immigra-
tion and Nationahty Act (8 U.S.C. 1187) is amended— 
(1) by adding at the end of subsection (c)(2) the following 
new subparagraph: 
"(D) REPORTING PASSPORT THEFTS.—The government 
of the country certifies that it reports to the United States 
Government on a timely basis the theft of blank passports 
issued by that country."; and 
(2) in subsection (c)(5)(A)(i), by striking "5 yeeirs" and 
inserting "2 years"; and 
(3) by adding at the end of subsection (f) the following 
new paragraph: 
"(5) FAILURE TO REPORT PASSPORT THEFTS.—If the Attorney 
Greneral and the Secretary of State jointly determine that the 
program country is not reporting the theft of blank passports, 
as required by subsection (c)(2)(D), the Attorney Genergil shall 
terminate the designation of the country as a program 
country.". 
8 use 1736. 
(b) CHECK OF LOOKOUT DATABASES.—Prior to the admission 
of an alien under the visa waiver program established under section 
217 of the Immigration and Nationality Act (8 U.S.C. 1187), the 
Immigration and Naturadization Service shall determine that the 
applicant for admission does not appear in any of the appropriate 
lookout databases available to immigration inspectors at the time 
the alien seeks admission to the United States. 
8 use 1737. 
SEC. 308. TRACKING SYSTEM FOR STOLEN PASSPORTS. 
(a) ENTERING STOLEN PASSPORT IDENTIFICATION NUMBERS IN 
THE INTEROPERABLE DATA SYSTEM.— 
Deadline. 
(1) IN GENERAL.—Beginning with implementation 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 
General and the Secretary of State, as appropriate, shall enter 
into such system the corresponding identification number for 
the lost or stolen passport. 
(2) ENTRY OF INFORMATION ON PREVIOUSLY LOST OR STOLEN 
PASSPORTS.—To the extent practicable, the Attorney Greneral, 
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 enforce-
ment and intelligence data system described in section 202 is fully 
implemented, the Attorney General shall enter the data described 
in subsection (a) into an existing data system being used to deter-
mine the admissibility or deportability of aliens. 
8 use 1738. 
SEC. 309. IDENTIFICATION DOCUMENTS FOR CERTAIN NEWLY 
ADMITTED ALIENS. 
Deadline. 
Not later than 180 days after the date of enactment of this 
Act, the Attorney General shall ensure that, immediately upon 
the arrival in the United States of an individual admitted under 
PUBLIC LAW 107-173—MAY 14, 2002 
116 STAT. 557 
section 207 of the Immigration £ind Nationality Act (8 U.S.C. 1157), 
or immediately upon £in alien being granted asylum under section 
208 of such Act (8 U.S.C. 1158), the alien will be issued an employ-
ment authorization document. Such document shall, at a minimum, 
contain the fingerprint and photograph of such sdien. 
TITLE IV—INSPECTION AND ADMISSION 
OF ALIENS 
SEC. 401. STUDY OF THE FEASIBIUTY OF A NORTH AMERICAN 
President. 
NATIONAL SECURITY PROGRAM. 
Canada. 
Mexico. 
(a) IN GENERAL.—The President shall conduct a study of the 8 USC1751. 
feasibility of establishing a North American National Security Pro-
gram to enhance the mutual security and safety of the United 
States, Canada, and Mexico. 
(b) STUDY ELEMENTS.—In conducting the study required by 
subsection (a), the President shall consider the following: 
(1) PRECLEARANCE.—^The feasibility of establishing a pro-
gram enabling foreign national travelers to the United States 
to submit volimtarily to a preclearance procedure established 
by the Department of State £Qid the Immigration £ind Natu-
ralization 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 feasibiHty 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 
expanding 
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 nationsds on air flights destined for 
Canada eind Mexico, and the cross training and fimding of 
inspectors from Canada and Mexico. 
(3) CONDITIONS.—^A determination of the measures nec-
essary to ensure that the conditions required by section 
235A(a)(5) of the Immigration and Nationality Act (8 U.S.C. 
1225a(a)(5)) are satisfied, 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 ceirry out 
this section. 
SEC. 402. PASSENGER MANIFESTS. 
(a) IN GENERAL.—Section 231 of the Immigration and Nation-
ality Act (8 U.S.C. 1221(a)) is amended— 
(1) by striking subsections (a), (b), (d), and (e); 
(2) by redesignating subsection (c) as subsection (j); and 
(3) by striking "SEC. 231." and inserting the following: 
"SEC. 231. (a) ARRIVAL MANIFESTS.—For each commercial vessel 
or aircr£ift transporting any person to any seaport or airport of 
116 STAT. 558 
PUBLIC LAW 107-173—MAY 14, 2002 
the United States from any place outside the United States, it 
shall be the duty of an appropriate oflEicial specified in subsection 
(d) to provide to £iny United States border officer (as defined in 
subsection (i)) at that port mainifest information about each pas-
senger, crew member, and other occupant trsmisported on such 
vessel or gurcraft prior to arrived at that port. 
"(b) DEPARTURE MANIFESTS.—For each commercial vessel or 
aircraft taking passengers on board at any seaport or airport of 
the United States, who £ire destined to any place outside the United 
States, it shall be the duty of an appropriate official specified 
in subsection (d) to provide any United States border officer (as 
defined in subsection (i)) before departure from such port manifest 
information about each passenger, crew member, and other occu-
pant to be transported. 
"(c) CONTENTS OF MANIFEST.—The information to be provided 
with respect to each person listed on a manifest 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 applicable; 
"(9) United States address while in the United States; 
and 
"(10) such other information the Attorney General, in con-
sultation with the Secretary of State, £ind the Secretary of 
Treasury determines as being necessary for the identification 
of the persons transported and for the enforcement of the 
immigration laws and to protect safety and national security. 
"(d) APPROPRIATE OFFICIALS SPECIFIED.—An appropriate official 
specified in this subsection is the master or commanding officer, 
or authorized agent, owner, or consignee, of the commercisd vessel 
or aircraft concerned. 
"(e) DEADLINE FOR REQUIREMENT OF ELECTRONIC TRANSMISSION 
OF MANIFEST INFORMATION.—Not later than January 1, 2003, mani-
fest information required to be provided under subsection (a) or 
(b) shall be transmitted electronically by the appropriate official 
specified in subsection (d) to an immigration officer. 
"(f) PROHIBITION.—No operator of any private or public c£irrier 
that is luider a duty to provide manifest information under this 
section shgdl be granted clearance papers until the appropriate 
official specified in subsection (d) has complied with the require-
ments of this subsection, except that, in the case of commercial 
vessels or edrcraft 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 SHIPMENTS, AIRCRAFT, 
OR CARRIERS.—If it shall appear to the satisfaction of the Attorney 
General that an appropriate official specified in subsection (d), 
any public or private 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 
PUBLIC LAW 107-173—MAY 14, 2002 
116 STAT. 559 
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 Commissioner the simi of $1,000 for 
each person with respect to whom such accurate and full msmifest 
information is not provided, or with respect to whom the manifest 
information is not prepared as prescribed by this section or by 
regulations issued pursuant thereto. No commercisd vessel or air-
craft shall be greuited clearance pending determination of the ques-
tion 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 cleeirance 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 General or a sum 
sufficient to cover such penalty. 
"(h) WAIVER.—The Attorney General may waive the require-
ments of subsection (a) or (b) upon such circumstances and condi-
tions as the Attorney General may by regulation prescribe. 
"(i) UNITED STATES BORDER OFFICER DEFINED.—In this section, 
the term 'United States border officer' means, with respect to a 
particular port of entry into the United States, any United States 
official who is performing duties at that port of entry.". 
(b) EXTENSION TO LAND CARRIERS.— 
(1) STUDY,—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 
commercisd carrier transporting persons by Isuid to or from 
the United States. The study shall focus on the manner in 
which such requirement would be implemented to enhance 
the national security of the United States and the efficient 
cross-border flow of commerce and persons. 
(2) REPORT.—Not later than two years after the date of Deadline, 
enactment of this Act, the President shall submit to Congress 
a report setting forth the findings of the study conducted under 
paragraph (1). 
(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. 
President. 
8 use 1221 note. 
Applicability. 
8 use 1221 note. 
SEC. 403. TIME PERIOD FOR INSPECTIONS. 
(a) 
REPEAL OF TIME LIMITATION ON INSPECTIONS.—Section 
286(g) of the Immigration and Nationality Act (8 U.S.C. 1356(g)) 
is amended by striking ", within forty-five minutes of their presen-
tation for inspection,". 
(b) STAFFING LEVELS AT PORTS OF ENTRY.—The Immigration 
and Naturalization Service shall st£iff ports of entry at such levels 
that would be adequate to meet traffic flow and inspection time 
objectives efficiently without 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 described in 
section 286(g) of such Act within 45 minutes of a passenger's 
presentation for inspection. 
8 use 1752. 
116 STAT. 560 
PUBLIC LAW 107-173—MAY 14, 2002 
8 use 1753. 
SEC. 404. JOINT UNITED STATES-CANADA PROJECTS FOR ALTER-
NATIVE INSPECTIONS SERVICES. 
(a) IN GENERAL.—United States border inspections agencies, 
including the Immigration and Naturalization Service, acting jointly 
£ind under an agreement of cooperation with the Government of 
Canada, may conduct joint United States-Canada inspections 
projects on the international border between the two countries. 
Each such project may provide alternative inspections services and 
shall undertake to harmonize the criteria for inspections applied 
by the two countries in implementing those projects. 
(b) ANNUAL REPORT.—The Attorney General and the Secretary 
of the Treasury shall prepare and submit annually to Congress 
a report on the joint United States-Canada inspections projects 
conducted under subsection (a). 
Federal Register, 
(c) EXEMPTION FROM ADMINISTRATIVE 
PROCEDURE ACT AND 
publication. 
PAPERWORK REDUCTION ACT.—Subchapter II of chapter 5 of title 
5, United States Code (commonly referred to as the "Administrative 
Procedure Act") and chapter 35 of title 44, United States Code 
(commonly referred to as the "Paperwork Reduction Act") sheill 
not apply to fee setting for services and other administrative 
requirements relating to projects described in subsection (a), except 
that fees and forms established for such projects shall be published 
as a notice in the Federal Register. 
TITLE V—FOREIGN STUDENTS AND 
EXCHANGE VISITORS 
8USC1761. 
SEC. 501. FOREIGN STUDENT MONITORING PROGRAM. 
(a) STRENGTHENING REQUIREMENTS FOR IMPLEMENTATION OF 
MONITORING PROGRAM.— 
(1) MONITORING AND VERIFICATION OF INFORMATION.—Sec-
tion 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 REQUIRED.—The Attorney 
General, in consultation with the Secretary of State, shall estab-
lish an electronic meeuis to monitor and verify— 
"(A) the issuance of documentation of acceptance of 
a foreign student by an approved institution of higher 
education or other approved educational institution, or of 
an exchange visitor program participant by a designated 
exchange visitor program; 
"(B) the transmittal of the documentation referred to 
in subparagraph (A) to the Department of State for use 
by the Bureau of Consular Affairs; 
"(C) the issuance of a visa to a foreign student or 
an exchange visitor program participant; 
"(D) the admission into the United States of the foreign 
student or exchange visitor program participant; 
"(E) the notification to an approved institution of 
higher education, other approved educational institution, 
or exchange visitor program sponsor that the foreign stu-
dent or exchange visitor participant has been admitted 
into the United States; 
PUBLIC LAW 107-173—MAY 14, 2002 
116 STAT. 561 
"(F) the registration and enrollment of that foreign 
student in such approved institution of higher education 
or other approved educational institution, or the participa-
tion of that exchange visitor in such designated exchange 
visitor progrEun, as the case may be; and 
"(G) any other relevant act by the foreign student 
or exchange visitor program participant, including a 
changing of school or designated exchange visitor program 
and any termination of studies or pgulicipation in a des-
ignated exchange visitor program. 
"(4) REPORTING REQUIREME^^^s.—Not later than 30 days Deadline. 
after the deadline for registering for classes for an academic 
term of an approved institution of higher education or other 
approved educational institution for which documentation is 
issued for an alien as described in paragraph (3)(A), or the 
scheduled commencement of peirticipation by an alien in a 
designated exchange visitor progrsim, as the case may be, the 
institution or progrsun, respectively, shall report to the 
Immigration and Naturalization Service any failure of the alien 
to enroll or to commence participation.". 
(2) 
ADDITIONAL REQUIREMENTS FOR DATA TO BE COL-
LECTED.—Section 641(c)(1) of the Illeged Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(cXl)) 
is amended— 
(A) by striking "and" at the end of subparagraph (C); 
(B) by striking the period at the end of subparagraph 
(D) £uid inserting "; and"; and 
(C) by adding at the end the following: 
"(E) the date of entry and port of entry; 
"(F) the date of the alien's enrollment in an approved 
institution of higher education, other approved educational 
institution, or designated exchange visitor program in the 
United States; 
"(G) the degree progr£im, if applicable, and field of 
study; and 
"(H) the date of the alien's termination of enrollment 
and the reason for such termination (including graduation, 
disciplinary action or other dismissal, and failure to re-
enroll).". 
(3) REPORTING REQUIREMENTS.—Section 641(c) of the Illegal 
Immigration Reform and Immigrant 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 Attorney General Regulations, 
shall prescribe by regulation reporting requirements by taking 
into account the curriculum calendar of the approved institution 
of higher education, other approved educational institution, 
or exchguige visitor program.". 
(b) INFORMATION REQUIRED OF THE VISA APPLICANT.—Prior 
to the issuance of a visa under subparagraph (F), subparagraph 
(M), or, with respect to an alien seeking to attend an approved 
institution of higher education, subparagraph (J) of section 
101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)), each alien appljdng for such visa shall provide to 
a consular officer the following information: 
(1) The alien's address in the country of origin. 
116 STAT. 562 
PUBLIC LAW 107-173—MAY 14, 2002 
Deadlines. 
Applicability. 
(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 information 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 Responsibility 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), subpara-
graph (M), or, with respect to an alien seeking to attend 
an approved institution of higher education, subparagraph 
(J) of section 101(a)(15) of the Immigration £ind Nationality 
Act (8 U.S.C. 1101(a)(15)), unless— 
(i) the Department of State has received from an 
approved institution of higher education or other 
approved educationeJ institution electronic evidence of 
documentation of the alien's acceptance at that institu-
tion; 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 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(F) or (M)) to an aHen, the Secretary of State 
shedl tr£insmit to the Immigration and Naturalization 
Service a notification of the issuance of that visa. 
(C) 
NOTIFICATION UPON ADMISSION OF ALIEN.—^The 
Immigration and Natursdization Service shall notify the 
approved institution of higher education or other approved 
educational institution that an alien accepted for such 
institution or program has been admitted to the United 
States. 
(D) NOTIFICATION OF FAILURE OF ENROLLMENT.—Not 
later than 30 days gifter the deadline for registering for 
classes for an academic term, the approved institution of 
higher education or other approved educational institution 
shall inform the Immigration and Naturalization Service 
through data-sharing arreingements of £iny failure of £iny 
alien described in subparagraph (C) to enroll or to com-
mence participation. 
(2) REQUIREMENT TO SUBMIT LIST OF APPROVED INSTITU-
TIONS.—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 edu-
cation and other approved educational institutions that are 
authorized to receive nonimmigrants under section 101(a)(15) 
(F) or (M) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(F) or (M)). 
(3) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated such sums as may be necessary to 
carry out this subsection. 
PUBLIC LAW 107-173—MAY 14, 2002 
116 STAT. 563 
SEC. 502. REVIEW OF INSTITUTIONS AND OTHER ENTITIES AUTHOR- 
8 USC 1762. 
IZED 
TO ENROLL 
OR SPONSOR 
CERTAIN 
NON-
IMMIGRANTS. 
(a) PERIODIC REVIEW OF COMPLIANCE.—Not later than two Deadline, 
years after the date of enactment of this Act, and every two years 
theroEifter, the Commissioner of Immigration and Naturalization, 
in consultation with the Secretary of Education, shall conduct a 
review of the institutions certified to receive nonimmigrants under 
section 101(aX15) (F), (M), or (J) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(F), (M), or (J)). Each review shall deter-
mine whether the institutions are in compliance with— 
(1) recordkeeping and reporting requirements to receive 
nonimmigrants under section 101(aX15) (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 
6 4 l ^ t h e Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1372). 
(b) PERIODIC REVIEW OF SPONSORS OF EXCHANGE VISITORS.— 
(1) REQUIREMENT FOR REVIEWS.—Not later than two years Deadline, 
after the date of enactment of this Act, and every two years 
thereafter, the Secretary of State shall conduct a review of 
the entities designated to sponsor exchange visitor program 
participants under section 101(a)(15)(J) of the Immigration smd 
Nationality Act (8 U.S.C. 1101(£tX15)(J)). 
(2) DETERMINATIONS.—On the b ^ i s of reviews of entities 
under paragraph (1), the Secretsiry shall determine whether 
the entities are in compliance with— 
(A) recordkeeping and reporting requirements to 
receive nonimmigrant exchange visitor program partici-
pants under section 101(aX15)(J) of the Immigration and 
Nationality Act (8 U.S.C. 1101(aX15)(J)); and 
(B) recordkeeping Eind reporting requirements under 
section 641 of the lUeged Immigration Reform £ind 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1372). 
(c) EFFECT OF MATERIAL FAILURE TO COMPLY.—^Material failure 
of an institution or other entity to comply with the recordkeeping 
and reporting requirements to receive nonimmigrant students or 
exchange visitor program participants under section 101(aX15) (F), 
(M), or (J) of the Immigration and Nationality Act (8 U.S.C. 
1101(aX15) (F), (M), or (J)), or section 641 of the Illegal Immigration 
Reform and Immigrant Responsibihty Act of 1996 (8 U.S.C. 1372), 
shall result in the suspension for at least one year or termination, 
at the election of the Commissioner of Immigration and Naturaliza-
tion, of the institution's approvsd to receive such students, or result 
in tiie suspension for at least one year or termination, at the 
election of the Secretary of State, of tiie other entity's designation 
to sponsor exchange visitor program participants, as the case may 
be. 
116 STAT. 564 
PUBLIC LAW 107-173—MAY 14, 2002 
TITLE VI—MISCELLANEOUS 
PROVISIONS 
SEC. 601. EXTENSION OF DEADLINE FOR IMPROVEMENT IN BORDER 
CROSSING IDENTIFICATION CARDS. 
Section 104(b)(2) of the lUegEil Immigration Reform 
and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note) is 
amended by striking "5 years" and inserting "6 yeeirs". 
8 use 1771. 
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 requirement 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 employer. 
(2) NONIMMIGRANT ALIEN DEFINED.—In paragraph (1), the 
term "nonimmigremt gdien" means an alien described in section 
101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)). 
Deadline. 
(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 tmder subsection (a). The report 
shall include the Comptroller Greneral's findings, together with euiy 
recommendations that the Comptroller General considers appro-
priate. 
8 use 1772. 
SEC. 603. INTERNATIONAL COOPERATION. 
(a) INTERNATIONAL ELECTRONIC DATA SYSTEM.—The Secretary 
of State and the Commissioner of Immigration and Naturalization, 
in consultation with the Assistant to the President for Homeland 
Security, shall jointly conduct a study of the alternative approaches 
(including the costs of, and procedures necessary for, each alter-
native approach) for encouraging or requiring Canada, Mexico, and 
countries treated as visa waiver program countries under section 
217 of the Immigration and NationsJity Act to develop an intergov-
ernmental network of interoperable electronic data systems that— 
(1) facilitates regJ-time access to that country's law enforce-
ment and intelligence information that is needed by the Depart-
ment of State and the Immigration and Naturalization Service 
to screen visa applicants 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 system imple-
mented under section 202; and 
(3) performs in accordance with implementation of the tech-
nology standard referred to in section 202(a). 
Deadline. 
(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 committees of Congress a report setting 
forth the findings of the study conducted under subsection (a). 
PUBLIC LAW 107-173-MAY 14, 2002 
116 STAT. 565 
SEC. 604. STATUTORY CONSTRUCTION. 
8 USC 1773. 
Nothing in this Act shall be construed to impose requirements 
that are inconsistent with the North American Free Trade Agree-
ment or to require additional documents for aliens for whom docu-
mentary requirements are waived under section 212(d)(4)(B) of 
the Immigration and Nationahty Act (8 U.S.C. 1182(d)(4)(B)). 
SEC. 605. ANNUAL REPORT ON ALIENS WHO FAIL TO APPEAR AFTER 
Deadlines. 
RELEASE ON OWN RECOGNIZANCE. 
8 USC 1774. 
(a) REQUIREMENT FOR REPORT.—Not later than January 15 
of each year, the Attorney General shall submit to the appropriate 
committees of Congress a report on the total number of aliens 
who, during the preceding year, failed to attend a removal proceed-
ing after having been arrested outside a port of entry, served 
a notice to appear under section 239(a)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1229(a)(1)), and released on the alien's 
own recognizance. The report shall also take into account the num-
ber of cases in which there were defects in notices of hearing 
or the service of notices of hearing, together with a description 
and analysis of the effects, if any, that the defects had on the 
attendance of aliens at the proceedings. 
(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 APPLICATIONS BY THE 
8 USC 1775. 
DEPARTMENT OF STATE. 
The Department of State shall retain, for a period of seven 
years from the date of application, every application for a non-
immigrant 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 admissi-
ble in the courts of the United States or in administrative proceed-
ings, including removal proceedings under such Act, without regard 
to whether the application was approved or denied. 
Approved May 14, 2002. 
LEGISLATIVE HISTORY-H.R. 3525: 
CONGRESSIONAL RECORD: 
Vol. 147 (2001): Dec. 19, considered and passed House. 
Vol. 148 (2002): Apr. 12, 15, 17, considered and passed Senate, amended. 
May 7, 8, House considered and concurred in Senate 
amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002): 
May 14, Presidential remarks and statement.