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S.1618
Enhanced Border Security Act of 2001 (Introduced in
Senate)
SEC. 8. FOREIGN STUDENT AND
EXCHANGE VISITOR PROGRAM.
(a) DATA COLLECTION- Section 641(c)(1) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 is amended--
(1) by striking `and' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D) and inserting
`; and'; and
(3) 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; and
`(G) 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).'.
(b) REPORTING REQUIREMENTS- 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 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 program 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 15 days after the
commencement of 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 pursuant to the certification
of that institution or program.'.
SEC. 9. SPECIAL PROVISION FOR CERTAIN NONIMMIGRANTS.
No nonimmigrant visa shall
be issued to any alien from a country designated by the Secretary of State
to
be a state sponsor of terrorism
until appropriate clearances are conducted on such alien and it has been
determined that such alien does not pose a threat to the safety or national
security of the United States.
SEC. 10. REVIEW OF INSTITUTIONS AND OTHER ENTITIES AUTHORIZED TO ENROLL OR
SPONSOR CERTAIN NONIMMIGRANTS.
(a) PERIODIC REVIEW OF COMPLIANCE- The Commissioner of Immigration and
Naturalization, in consultation with the Secretary of Education, shall conduct
periodic reviews of the institutions certified to receive nonimmigrant
students under section 101(a)(15) (F), (M), or (J) of the Immigration and
Nationality Act. Each review shall determine whether the institutions are in
compliance with--
(1) recordkeeping and reporting requirements to receive nonimmigrant
students under section 101(a)(15) (F), (M), or (J) of that Act; 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- The Secretary of State shall conduct
periodic reviews of the entities designated to sponsor exchange visitor
program participants under section 101(a)(15)(J) of the Immigration and
Nationality Act.
(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; 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 FAILURE TO COMPLY- 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, or section
641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1372), may, at the election of the Commissioner of Immigration and
Naturalization, result in the termination of the institution's approval to
receive such students or the termination of the other entity's designation to
sponsor exchange visitor program participants, as the case may be.
SEC. 11. TREATMENT OF IMMIGRATION INSPECTORS AS LAW ENFORCEMENT OFFICERS OF
FEDERAL RETIREMENT PROGRAMS.
(a) CIVIL SERVICE RETIREMENT SYSTEM- Section 8331 of title 5, United
States Code, is amended--
(1) in paragraph (20), by inserting `, and an immigration inspector'
after `administrative position' in the first sentence;
(2) by striking `and' at the end of paragraph (27)(B);
(3) by striking the period at the end of paragraph (28) and inserting `;
and'; and
(4) by adding at the end the following:
`(29) `immigration inspector' means--
`(A) an employee in a position in the Immigration and Naturalization
Service the principal duties of which are to control and guard the
boundaries and borders of the United States against illegal entry of
aliens at ports of entry; and
`(B) an employee of the Immigration and Naturalization Service who is
serving in a supervisory or administrative position to which the employee
was transferred from a position described in subparagraph (A).'.
(b) FEDERAL EMPLOYEES' RETIREMENT SYSTEM- Section 8401 of title 5, United
States Code, 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 new subparagraph:
`(E) an immigration inspector;';
(2) by striking `and' at the end of paragraph (33);
(3) by striking the period at the end of paragraph (34) and inserting `;
and'; and
(4) by adding at the end the following new paragraph
`(35) `immigration inspector' means--
`(A) an employee in a position in the Immigration and Naturalization
Service the principal duties of which are to control and guard the
boundaries and borders of the United States against illegal entry of
aliens at ports-of-entry; and
`(B) an employee of the Immigration and Naturalization Service who is
serving in a supervisory or administrative position to which the employee
was transferred directly from a position described in subparagraph (A)
after having served in such a position for at least three
years.'.
(c) EFFECTIVE DATE AND APPLICABILITY-
(1) IN GENERAL- The amendments made by this section shall--
(A) shall take effect on the first day of the first applicable pay
period that begins on or after the date of the enactment of this Act;
and
(B) shall apply with respect to service performed on or after such
effective date.
(2) SUPERVISORS AND ADMINISTRATORS- In the administration of paragraph
(1)(B), a person serving in a supervisory or administrative position as
described in section 8331(29)(B) or 8401(35)(B) of title 5, United States
Code, on the effective date of this Act shall be treated as serving in a law
enforcement officer position beginning on such date for the purposes of
subchapter III of chapter 83 of such title and chapter 84 of such
title.
SEC. 12. CERTAIN BORDER CROSSING IDENTIFICATION CARDS.
(a) EXTENSION OF DEADLINE FOR PRESENTATION- 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'.
(b) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated for the Immigration and Naturalization Service such sums as may
be necessary for the Service to purchase and implement the technology for
electronically reading border crossing identification cards and for access to
appropriate databases.
SEC. 13. 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,'.
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