HR 3181 IH

To establish a temporary moratorium on the issuance of visas for nonimmigrant foreign students and other exchange program participants, to improve procedures for issuance of nonimmigrant student visas, and to enhance procedures for admission at ports of entry to the United States.

October 30, 2001

Mr. BILIRAKIS (for himself, Mrs. ROUKEMA, Mr. DUNCAN, and Mr. HUNTER) introduced the following bill; which was referred to the Committee on the Judiciary

To establish a temporary moratorium on the issuance of visas for nonimmigrant foreign students and other exchange program participants, to improve procedures for issuance of nonimmigrant student visas, and to enhance procedures for admission at ports of entry to the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. MORATORIUM ON NONIMMIGRANT FOREIGN STUDENT AND OTHER EXCHANGE PROGRAM VISAS.

(a) IN GENERAL- Subject to subsection (b) and notwithstanding any other provision of law, beginning on the date of the enactment of this Act and ending 9 months after such date, no nonimmigrant visas shall be issued which are described under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act.

(b) EXCEPTION- The Attorney General, in consultation with the Secretary of State, may provide for case-by-case exceptions to the prohibition under subsection (a) if the Attorney General determines it to be in the national interest of the United States.

SEC. 2. REQUIREMENT FOR BIOMETRIC IDENTIFIER AND DATABASE CROSSCHECK FOR NONIMMIGRANT APPLICATIONS AND AT POINTS OF ENTRY INTO THE UNITED STATES.

(a) REQUIREMENT FOR NONIMMIGRANT VISA APPLICATION- Section 221(b) of the Immigration and Nationality Act (8 U.S.C. 1201(b)) is amended--

(1) by inserting `(1)' after `(b)'; and

(2) by inserting at the end the following new paragraph:

`(2) Each alien who applies for a nonimmigrant visa shall submit a photograph and a biometric identifier (such as the fingerprints or handprint of the alien) that is machine readable, at such time and in such manner as shall be determined by regulation by the Attorney General and the Secretary of State. A photograph and biometric identifier shall be required to be contained on the visa or other documentation required for admission at the port of entry. The Attorney General may, in the discretion of the Attorney General and on the basis of reciprocity pursuant to such regulations as the Attorney General may prescribe, waive the requirement of a biometric identifier in the case of any nonimmigrant.'.

(b) MATCH REQUIREMENT FOR ADMISSION- Section 221(f) of the Immigration and Nationality Act (8 U.S.C. 1201(f)) is amended--

(1) by inserting `(1)' after `(f)'; and

(2) by inserting at the end the following new paragraph:

`(2) Each alien presenting a nonimmigrant visa and other documents required at the port of entry is not permitted to enter the United States unless the photograph and biometric identifier contained on the documents matches the appropriate facial and biometric characteristics of the alien.'.

(c) DATABASE CROSSCHECK- The Attorney General and the Secretary of State, jointly, shall by regulation require that prior to the issuance of a nonimmigrant visa, the photograph and biometric identifier of each applicant shall be crosschecked with all appropriate databases (including the IDENT System of the Immigration and Naturalization Service, the interagency border inspection system of the Immigration and Naturalization Service and the Customs Service, the Integrated Automated Fingerprint Identification System (IAFIS) of the Federal Bureau of Investigation, and the Consular Lookout and Support System (CLASS) of the Department of State) for information regarding the alien.

(d) IMPLEMENTATION- The Attorney General and the Secretary of State shall ensure that officials at consular offices abroad with the responsibility to consider applications for nonimmigrant visas and immigration officials at points of entry have the technology and training to carry out this section and the amendments made by this section.

SEC. 3. INCLUSION OF INFORMATION ON ACCOMPANYING SPOUSE AND CHILD IN THE PROGRAM TO COLLECT INFORMATION RELATING TO NONIMMIGRANT FOREIGN STUDENTS AND OTHER EXCHANGE PROGRAM PARTICIPANTS.

Section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 is amended in subsection (c)(1)--

(1) in subparagraph (C) by striking `and' at the end;

(2) in subparagraph (D) by striking the period at the end and inserting `; and'; and

(3) by adding at the end the following new subparagraph:

`(E) the names, ages, and other appropriate information concerning any accompanying spouse or child.'.

END