--H.R.3525--
H.R.3525
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
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:
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.
Sec. 204. Personnel management authorities for positions involved in the
development 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 under the Visa Waiver
Program.
Sec. 308. Tracking system for stolen passports.
Sec. 309. Identification documents for certain newly admitted
aliens.
TITLE IV--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.
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.
SEC. 2. DEFINITIONS.
(1) ALIEN- The term `alien' has the meaning given the term in section
101(a)(3) of the Immigration and Nationality 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 Committee on
Intelligence, and the Committee 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) CHIMERA SYSTEM- The term `Chimera system' means the interoperable
electronic data system required to be developed and implemented by section
202(a)(2).
(4) FEDERAL LAW ENFORCEMENT AGENCIES- The term `Federal 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 Postal 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 President 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 Secretary
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 Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law
107-56).
TITLE I--FUNDING
SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR HIRING AND TRAINING GOVERNMENT
PERSONNEL.
(a) ADDITIONAL PERSONNEL-
(1) INS INSPECTORS- Subject to the availability of appropriations,
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 Naturalization 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
PATRIOT Act.
(2) INS INVESTIGATIVE PERSONNEL- Subject to the availability of
appropriations, during each of the fiscal years 2003 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
investigators and associated support staff in the Immigration 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,
including 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 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 journeyman Border Patrol agents and inspectors 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 General
Schedule under such section 5332;
(B) for inspections assistants, from the annual 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 annual 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--
(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;
(2) to provide adequate continuing cross-training 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 passenger 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)).
(d) AUTHORIZATION OF APPROPRIATIONS FOR CONSULAR 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 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 authorized to be
appropriated for the Department of State such sums as may be necessary to
carry out paragraph (1).
SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR IMPROVEMENTS IN TECHNOLOGY AND
INFRASTRUCTURE.
(a) FUNDING OF TECHNOLOGY-
(1) AUTHORIZATION OF APPROPRIATIONS- In addition to funds otherwise
available for such purpose, there are authorized to be appropriated
$150,000,000 to the Immigration and Naturalization Service for purposes
of--
(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 programs for preenrollment and
preclearance.
(2) WAIVER OF FEES- Federal agencies involved in border security may
waive 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
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 Authorization 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 authorized 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- Notwithstanding any other provision of
law, amounts collected as fees described in this section shall be credited as
an offsetting 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 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 intelligence community
shall, to the maximum extent practicable, share any information with the
Department of State and the Immigration and Naturalization 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 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 Nationality Act.
(2) REPEAL- Section 414(d) of the USA PATRIOT Act is hereby
repealed.
(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 Naturalization
Service all information identified in that report as expeditiously as
practicable.
(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 subsection shall establish conditions for using the information
described in subsection (b) received by the Department of State and
Immigration and Naturalization 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 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 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(c)(6)).
(4) CRIMINAL PENALTIES FOR MISUSE OF INFORMATION- Any person who obtains
information under this subsection without 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 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'.
SEC. 202. INTEROPERABLE LAW ENFORCEMENT AND INTELLIGENCE DATA SYSTEM WITH
NAME-MATCHING CAPACITY AND TRAINING.
(a) INTEROPERABLE LAW ENFORCEMENT AND INTELLIGENCE ELECTRONIC DATA
SYSTEM-
(1) REQUIREMENT FOR INTEGRATED IMMIGRATION 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 implementation of the plan required by section 201(c), the
President shall develop and implement an interoperable electronic data
system to provide current and immediate access to information in databases
of Federal law enforcement agencies and the intelligence community 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 implementation of
the data system under this subsection, the President shall consult with the
Director of the National Institute of Standards and Technology (NIST) and
any such other agency as may be deemed appropriate.
(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 further amended--
(i) in paragraph (1), by inserting `, including appropriate
biometric identifier standards,' after `technology standard';
and
(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 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 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 accordance with
applicable Federal laws, establish procedures to restrict access to
intelligence information in the data system under this subsection, 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 sensitive basis;
(C) provide adequate user support;
(D) to the extent practicable, utilize commercially available
technology; and
(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 paragraph (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.
(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 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
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 enactment of this Act,
the President shall submit a report to the appropriate committees of
Congress on the progress in implementing 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 authorized to be
appropriated such sums as are necessary to carry out the provisions of this
subsection.
SEC. 203. COMMISSION ON INTEROPERABLE DATA SHARING.
(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 `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 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
Minority Leader of the House of Representatives, the Majority Leader of the
Senate, and the Minority Leader of the Senate.
(c) CONSIDERATIONS- The Commission shall consider recommendations
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 accidental 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 interoperable data system or the data maintained by the
system, 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.
SEC. 204. PERSONNEL MANAGEMENT AUTHORITIES FOR POSITIONS INVOLVED IN THE
DEVELOPMENT AND IMPLEMENTATION 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 necessary scientific, technical,
engineering, and other analytical personnel for the purpose of the development
and 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.
(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.
(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 and implementation 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 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 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.'.
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 Secretary of State shall--
(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 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
Nationality Act (8 U.S.C. 1182).
(b) IMPLEMENTATION- In implementing the provisions of subsection (a), the
Immigration and Naturalization 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.
(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), 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 personnel, man-hours, and other support required, by
the Department of Justice, the Department of State, and NIST to achieve the
objectives of subparagraphs (A) and (B) of paragraph (1).
(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 establish document authentication standards and biometric
identifiers standards to be employed on such visas and other travel and
entry documents from among those biometric identifiers recognized by
domestic and international standards organizations.
(2) READERS AND SCANNERS AT PORTS OF ENTRY-
(A) IN GENERAL- Not later than October 26, 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
comparison 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 organizations 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
(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
pursuant to section 403(c) of the USA PATRIOT Act, as amended by section
201(c)(5) and 202(a)(4)(B).
(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
waiver program established under section 217 of the Immigration and
Nationality Act shall certify, as a condition for designation or
continuation of that designation, that it has a program to issue to its
nationals machine-readable passports that are tamper-resistant and
incorporate biometric and document authentication identifiers that comply
with applicable biometric and document identifying standards established by
the International Civil Aviation Organization. This paragraph shall not be
construed to rescind the requirement of section 217(a)(3) of the Immigration
and Nationality Act.
(2) USE OF TECHNOLOGY STANDARD- On and after October 26, 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
requirements of paragraph (1) unless the alien's passport was issued prior
to that date.
(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated such sums as may be necessary to carry out this section,
including reimbursement to international and domestic standards
organizations.
SEC. 304. TERRORIST LOOKOUT COMMITTEES.
(a) ESTABLISHMENT- The Secretary of State shall require a terrorist
lookout committee to be maintained within each United States mission to a
foreign country.
(b) PURPOSE- The purpose of each committee established under 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 and to develop information on those
individuals;
(2) to ensure that such information is routinely and consistently
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 activities, whether or not information on known or
suspected terrorists was developed during the month.
(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 subsection (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.
(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 and Nationality Act, interagency and
international intelligence sharing regarding terrorists and terrorism, and
cultural-sensitivity toward visa applicants.
(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 Assistant to the President for Homeland Security, Federal
law enforcement agencies, and 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 potential threat to the safety or
security of the United States.
(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated such sums as may be necessary to implement this section.
SEC. 306. RESTRICTION ON ISSUANCE OF VISAS TO NONIMMIGRANTS 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 from a country that is a state sponsor of international terrorism unless
the Secretary of State determines, in consultation with the Attorney General
and the heads of other 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 subsection, 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 nationals 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
paragraph (2) to have repeatedly provided support for acts of international
terrorism.
(2) LAWS UNDER WHICH DETERMINATIONS WERE MADE- The laws specified in
this paragraph are the following:
(A) Section 6(j)(1)(A) of the Export Administration Act of 1979 (or
successor statute).
(B) Section 40(d) of the Arms Export Control Act.
(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 Immigration and
Nationality 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 years' 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 General 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 General shall terminate the designation of the country as a
program country.'.
(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 Naturalization 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.
SEC. 308. TRACKING SYSTEM FOR STOLEN PASSPORTS.
(a) ENTERING STOLEN PASSPORT IDENTIFICATION NUMBERS IN THE INTEROPERABLE
DATA SYSTEM-
(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 General, in consultation with the Secretary
of State, shall enter into such system the corresponding identification
numbers for the United States and foreign passports lost or stolen prior to
the implementation of such system.
(b) TRANSITION PERIOD- Until such time as the law enforcement and
intelligence data system described in section 202 is fully implemented, the
Attorney General shall enter the data described in subsection (a) into an
existing data system being used to determine the admissibility or
deportability of aliens.
SEC. 309. IDENTIFICATION DOCUMENTS FOR CERTAIN NEWLY ADMITTED ALIENS.
Not later than 180 days after the date of enactment of this Act, the
Attorney General shall ensure that, immediately upon the arrival in the United
States of an individual admitted under section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157), or immediately upon an alien being granted
asylum under section 208 of such Act (8 U.S.C. 1158), the alien will be issued
an employment authorization document. Such document shall, at a minimum,
contain the fingerprint and photograph of such alien.
TITLE IV--INSPECTION AND ADMISSION OF ALIENS
SEC. 401. STUDY OF THE FEASIBILITY OF A NORTH AMERICAN NATIONAL SECURITY
PROGRAM.
(a) IN GENERAL- The President shall conduct a study of the feasibility of
establishing a North American National Security Program to enhance the mutual
security and safety of the United States, Canada, and Mexico.
(b) STUDY ELEMENTS- In conducting the study required by subsection (a),
the President shall consider the following:
(1) PRECLEARANCE- The feasibility of establishing a program enabling
foreign national travelers to the United States to submit voluntarily to a
preclearance procedure established by the Department of State and the
Immigration and Naturalization Service to determine whether such travelers
are admissible to the United States under section 212 of the Immigration and
Nationality Act (8 U.S.C. 1182). Consideration shall be given to the
feasibility of expanding the preclearance program to include the
preclearance both of foreign nationals traveling to Canada and foreign
nationals traveling to Mexico.
(2) PREINSPECTION- The feasibility of 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 nationals on air flights
destined for Canada and Mexico, and the cross training and funding of
inspectors from Canada and Mexico.
(3) CONDITIONS- A determination of the measures necessary to ensure that
the conditions 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 carry out this section.
SEC. 402. PASSENGER MANIFESTS.
(a) IN GENERAL- Section 231 of the Immigration and Nationality Act (8
U.S.C. 1221(a)) is amended--
(1) by striking subsections (a), (b), (d), and (e);
(2) by redesignating subsection (c) as subsection (j); and
(3) by striking `SEC. 231.' and inserting the following:
`SEC. 231. (a) ARRIVAL MANIFESTS- For each commercial vessel or aircraft
transporting any person to any seaport or airport of the United States from
any place outside the United States, it shall be the duty of an appropriate
official specified in subsection (d) to provide to any United States border
officer (as defined in subsection (i)) at that port manifest information about
each passenger, crew member, and other occupant transported on such vessel or
aircraft prior to arrival at that port.
`(b) DEPARTURE MANIFESTS- For each commercial vessel or aircraft taking
passengers on board at any seaport or airport of the United States, who are
destined to any place outside the United States, it shall be the duty of an
appropriate official specified in subsection (d) to 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 occupant 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--
`(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 consultation with
the Secretary of State, and 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 commercial vessel or aircraft concerned.
`(e) DEADLINE FOR REQUIREMENT OF ELECTRONIC TRANSMISSION OF MANIFEST
INFORMATION- Not later than January 1, 2003, manifest information required to
be provided under subsection (a) or (b) shall be transmitted electronically by
the appropriate official specified in subsection (d) to an immigration
officer.
`(f) PROHIBITION- No operator of any private or public carrier that is
under a duty to provide manifest information under this section shall be
granted clearance papers until the appropriate official specified in
subsection (d) has complied with the requirements of this subsection, except
that, in the case of commercial vessels or aircraft 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 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 sum of $1,000 for
each person with respect to whom such accurate and full manifest 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 commercial vessel or aircraft shall be granted clearance pending
determination of the question of the liability to the payment of such penalty,
or while it remains unpaid, and no such penalty shall be remitted or refunded,
except that clearance may be granted prior to the determination of such
question upon the deposit with the Commissioner of a bond or undertaking
approved by the Attorney General or a sum sufficient to cover such penalty.
`(h) WAIVER- The Attorney General may waive the requirements of subsection
(a) or (b) upon such circumstances and conditions 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 commercial carrier transporting persons by land to or
from the United States. The study shall focus on the manner in which such
requirement would be implemented to 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 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.
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 presentation for inspection,'.
(b) STAFFING LEVELS AT PORTS OF ENTRY- The Immigration and Naturalization
Service shall staff ports of entry at such levels that would be adequate to
meet traffic flow and inspection time objectives efficiently 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.
SEC. 404. JOINT UNITED STATES-CANADA PROJECTS FOR ALTERNATIVE INSPECTIONS
SERVICES.
(a) IN GENERAL- United States border inspections agencies, including the
Immigration and Naturalization Service, acting jointly and 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).
(c) EXEMPTION FROM ADMINISTRATIVE PROCEDURE ACT AND 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')
shall 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
SEC. 501. FOREIGN STUDENT MONITORING PROGRAM.
(a) STRENGTHENING REQUIREMENTS FOR IMPLEMENTATION OF MONITORING
PROGRAM-
(1) MONITORING AND VERIFICATION OF INFORMATION- Section 641(a) of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1372(a)) is amended by adding at the end the following:
`(3) ALIENS FOR WHOM A VISA IS REQUIRED- The Attorney General, in
consultation with the Secretary of State, shall establish an electronic
means 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 student or exchange visitor participant has been
admitted into the United States;
`(F) the registration and enrollment of that foreign student in such
approved institution of higher education or other approved educational
institution, or the participation of that exchange visitor in such
designated exchange visitor program, as the case may be; and
`(G) any other relevant act by the foreign student or exchange visitor
program participant, including a changing of school or designated exchange
visitor program and any termination of studies or participation in a
designated exchange visitor program.
`(4) REPORTING REQUIREMENTS- Not later than 30 days after the deadline
for registering for classes for an academic term of an approved 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 participation by an alien in a designated
exchange visitor program, as the case may be, the institution or program,
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 COLLECTED- Section 641(c)(1)
of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1372(c)(1)) is amended--
(A) by striking `and' at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph (D) and
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 program, 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 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 exchange 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 applying for such visa shall provide to a consular
officer the following information:
(1) The alien's address in the country of origin.
(2) The names and addresses of the alien's spouse, children, parents,
and siblings.
(3) The names of contacts of the alien in the alien's country of
residence who could verify 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), 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)), unless--
(i) the Department of State has received from an approved
institution of higher education or other approved educational
institution electronic evidence of documentation of the alien's
acceptance at that institution; and
(ii) the consular officer has adequately reviewed the applicant's
visa record.
(B) NOTIFICATION UPON VISA ISSUANCE- Upon the issuance of a visa under
section 101(a)(15) (F) or (M) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(F) or (M)) to an alien, the Secretary of State shall
transmit to the Immigration and Naturalization Service a notification of
the issuance of that visa.
(C) NOTIFICATION UPON ADMISSION OF ALIEN- The Immigration and
Naturalization Service shall notify the approved institution of higher
education or other approved educational institution that an alien accepted
for such institution or program has been admitted to the United
States.
(D) NOTIFICATION OF FAILURE OF ENROLLMENT- Not later than 30 days
after 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 arrangements of any failure of any alien described in
subparagraph (C) to enroll or to commence participation.
(2) REQUIREMENT TO SUBMIT LIST OF APPROVED INSTITUTIONS- Not later than
30 days after the date of enactment of this Act, the Attorney General shall
provide the Secretary of State with a list of all approved institutions of
higher education 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 authorized to be
appropriated such sums as may be necessary to carry out this
subsection.
SEC. 502. REVIEW OF INSTITUTIONS AND OTHER ENTITIES AUTHORIZED TO ENROLL OR
SPONSOR CERTAIN NONIMMIGRANTS.
(a) PERIODIC REVIEW OF COMPLIANCE- Not later than two years after the date
of enactment of this Act, and every two years thereafter, 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(a)(15) (F), (M), or (J) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(F), (M), or (J)). Each review shall
determine whether the institutions are in compliance with--
(1) recordkeeping and reporting requirements to receive nonimmigrants
under section 101(a)(15) (F), (M), or (J) of that Act (8 U.S.C.
1101(a)(15)(F), (M), or (J)); and
(2) recordkeeping and reporting requirements under section 641 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1372).
(b) PERIODIC REVIEW OF SPONSORS OF EXCHANGE VISITORS-
(1) REQUIREMENT FOR REVIEWS- Not later than two years 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
and Nationality Act (8 U.S.C. 1101(a)(15)(J)).
(2) DETERMINATIONS- On the basis of reviews of entities under paragraph
(1), the Secretary shall determine whether the entities are in compliance
with--
(A) recordkeeping and reporting requirements to receive nonimmigrant
exchange visitor program participants under section 101(a)(15)(J) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J)); and
(B) recordkeeping and reporting requirements under section 641 of the
Illegal Immigration Reform and 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(a)(15) (F), (M), or (J) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15) (F), (M), or (J)), or section 641 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1372), shall result in the suspension for at least one year or termination, at
the election of the Commissioner of Immigration and Naturalization, of the
institution's approval to receive such students, or result in the suspension
for at least one year or termination, at the election of the Secretary of
State, of the other entity's designation to sponsor exchange visitor program
participants, as the case may be.
TITLE VI--MISCELLANEOUS PROVISIONS
SEC. 601. EXTENSION OF DEADLINE FOR IMPROVEMENT IN BORDER CROSSING
IDENTIFICATION CARDS.
Section 104(b)(2) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1101 note) is amended by striking `5
years' and inserting `6 years'.
SEC. 602. GENERAL ACCOUNTING OFFICE STUDY.
(a) REQUIREMENT FOR STUDY-
(1) IN GENERAL- The Comptroller General of the United States shall
conduct a study to determine the feasibility and utility of implementing a
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 `nonimmigrant
alien' means an alien described in section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)).
(b) REPORT- Not later than 1 year after the date of enactment of this Act,
the Comptroller General shall submit to Congress a report on the results of
the study under subsection (a). The report shall include the Comptroller
General's findings, together with any recommendations that the Comptroller
General considers appropriate.
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 alternative approach) for encouraging or requiring Canada,
Mexico, and countries treated as visa waiver program countries under section
217 of the Immigration and Nationality Act to develop an intergovernmental
network of interoperable electronic data systems that--
(1) facilitates real-time access to that country's law enforcement and
intelligence information that is needed by the Department of State and the
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 implemented under
section 202; and
(3) performs in accordance with implementation of the technology
standard referred to in section 202(a).
(b) REPORT- Not later than 1 year after the date of enactment of this Act,
the Secretary of State and the Attorney General shall submit to the
appropriate committees of Congress a report setting forth the findings of the
study conducted under subsection (a).
SEC. 604. STATUTORY CONSTRUCTION.
Nothing in this Act shall be construed to impose requirements that are
inconsistent with the North American Free Trade Agreement or to require
additional documents for aliens for whom documentary requirements are waived
under section 212(d)(4)(B) of the Immigration and Nationality Act (8 U.S.C.
1182(d)(4)(B)).
SEC. 605. ANNUAL REPORT ON ALIENS WHO FAIL TO APPEAR AFTER RELEASE ON OWN
RECOGNIZANCE.
(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 proceeding 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 number 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 DEPARTMENT OF
STATE.
The Department of State shall retain, for a period of seven years from the
date of application, every application for a nonimmigrant visa under section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) in a
form that will be admissible in the courts of the United States or in
administrative proceedings, including removal proceedings under such Act,
without regard to whether the application was approved or denied.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
END