S 1627 IS

To enhance the security of the international borders of the United States.

November 1, 2001

Mrs. FEINSTEIN (for herself, Mr. KYL, Ms. SNOWE, Mr. HATCH, Mr. THURMOND, Mr. BOND, and Mr. KOHL) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

To enhance the security of the international borders of the United States.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Visa Entry Reform Act of 2001'.

SEC. 2. ESTABLISHMENT OF COMPREHENSIVE LOOKOUT DATABASE.

(a) ESTABLISHMENT-

(1) IN GENERAL- The Director of the Office of Homeland Security, in conjunction with the Foreign Terrorist Tracking Task Force, the Secretary of State, the Attorney General, the Commissioner of Immigration and Naturalization, the Director of the Federal Bureau of Investigation, the Director of Central Intelligence, the Secretary of Transportation and with input from appropriate private industry, shall establish and supervise the development of a single, comprehensive computerized database (hereafter in this Act referred to as the `lookout database') to screen visa applicants and applicants for admission to the United States to identify those aliens who are inadmissible or deportable under the Immigration and Nationality Act.

(2) INFORMATION ABOUT APPLICANTS FOR ADMISSION TO THE UNITED STATES- The lookout database shall include the following information about any alien attempting to enter the United States:

(A) Full name of alien.

(B) Alien identification number.

(C) Passport number.

(D) Date of birth.

(E) Nationality.

(F) Place of residence in home country.

(G) Anticipated place of residence in the United States.

(H) Purpose of visit.

(I) Type of visa.

(J) Date of entry into the United States.

(K) Dates of prior entries to and exit from the United States, if applicable.

(L) Names and addresses of alien's immediate family.

(M) Anticipated date of departure from the United States or, if applicable, expiration date of visa.

(N) Service in foreign military or government agency charged with security.

(O) Biometric data or information about the alien, if available.

(P) Other information considered necessary by the Attorney General, the Secretary of State, and the Director of Homeland Security.

(3) INFORMATION ABOUT VISA VIOLATORS- In the case of any alien who has violated the terms of a visa--

(A) any law enforcement agency that obtains information about an alien who has violated the terms of his or her visa shall submit such information to the Attorney General; and

(B) the Attorney General shall promptly enter any information so submitted into the lookout database.

(4) OTHER INFORMATION- The lookout database shall also include information collected under sections 3, 4, 6(f), and 9.

(5) SUBMISSION OF INFORMATION- The Attorney General shall prescribe regulations under which information required for the lookout database shall be submitted by the Commissioner of Immigration and Naturalization, Federal, State, and local law enforcement agencies throughout the United States, and the intelligence community.

(6) AVAILABILITY OF INFORMATION- Information contained in the lookout database shall be accessible in real time, within guidelines established by the Attorney General, to--

(A) inspectors of the Immigration and Nationality Service or the United States Customs Service at United States ports of entry and consular officers;

(B) Federal law enforcement officers and investigators;

(C) the intelligence community; and

(D) other agencies considered appropriate by the Attorney General.

(7) REPORT TO CONGRESS- Not later than 3 months after the date of enactment of this Act, the Director of the Office of Homeland Security shall submit to the Committees on the Judiciary of the House of Representatives and the Senate a report describing the progress made in the development of the lookout database.

(b) INS DATA UPGRADE- Effective 6 months after the date of enactment of this Act, the Attorney General shall establish a plan to upgrade the Immigration and Naturalization Service electronic data system to include biometric data, including fingerprints and photographs, on all aliens to whom visas are issued.

(c) PRIVACY PROTECTIONS-

(1) LOOKOUT DATABASE INFORMATION- The Attorney General and the Secretary of State shall jointly prescribe regulations--

(A) to limit access to the lookout database to authorized immigration and law enforcement personnel; and

(B) to determine and control the appropriate use of the information.

(2) PENALTIES FOR UNAUTHORIZED ACCESS AND DISCLOSURE- Section 1030(a)(1) of title 18, United States Code, is amended by inserting after `Atomic Energy Act of 1954' the following: `or any restricted information that is included in the database required by section 2 of the Visa Entry Reform Act of 2001'.

(d) TERRORIST LOOKOUT COMMITTEES-

(1) ESTABLISHMENT-

(A) REQUIREMENT- Not later than 30 days after the date of enactment of this Act, the Secretary of State shall establish within each United States Embassy a Terrorist Lookout Committee, which shall include the head of the political section and senior representatives of all United States law enforcement agencies, and the intelligence community, under the authority of the chief of mission.

(B) COMMITTEE LEADERSHIP- Each Committee shall be chaired by the respective deputy chief of mission, with the head of the consular section as vice chair.

(2) MEETINGS- Each Terrorist Lookout Committee established under subsection (a) shall meet at least monthly and shall maintain records of its meetings. Upon the completion of each meeting, each Committee shall report to the Department of State all names submitted for inclusion in the visa lookout system.

(3) CERTIFICATION- If no names are submitted upon completion of a meeting under paragraph (2), the deputy chief of mission shall certify to the Secretary of State, subject to potential application the Accountability Review Board provisions of title III of the Omnibus Diplomatic Security and Antiterrorism Act of 1986, that none of the relevant sections of the United States Embassy had knowledge of the identity of any individual eligible for inclusion in the visa lookout system for possible terrorist activity.

(4) REPORT- The Secretary of State shall submit a report on a quarterly basis to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives on the status of the Terrorist Lookout Committees.

SEC. 3. IMPLEMENTATION OF A NEW BIOMETRIC `SMARTVISA'.

(a) DEVELOPMENT OF SMARTVISA SYSTEM- The Attorney General and the Secretary of State, acting jointly, shall develop a biometric `SmartVisa' system, which shall include tamper-proof, machine-readable visas containing biometric identifiers and biometric data, and machines to electronically scan and read the visas at each port of entry.

(b) DESCRIPTION OF OTHER DATA TO BE CONTAINED IN THE SMARTVISA- In addition to the biometric data described in subsection (a), the SmartVisa shall include the height, weight, hair color, nationality, and country of origin of the cardholder.

(c) USE OF SMARTVISA- The SmartVisa shall be issued to each alien seeking to enter the United States. The SmartVisa shall be scanned by a machine-readable visa scanner upon entry or departure of the alien.

(d) AUTHORIZATION OF APPROPRIATIONS FOR SMARTVISA SYSTEM- There is authorized to be appropriated such amounts as may be necessary for issuing the SmartVisas at all United States consulates abroad and the technology necessary for implementing the corresponding scanning systems at each land, air, and sea ports of entry into the United States.

(e) MACHINE READABLE VISA FEES-

(1) REPEAL- Section 140(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended by striking paragraph (3).

(2) AMOUNT- The machine readable visa fee charged by the Department of State shall be determined by the Department of State through a cost-of-service study.

(3) AVAILABILITY OF COLLECTED FEES- Amounts collected as fees described in this subsection 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.

SEC. 4. REFORM OF THE VISA WAIVER PROGRAM.

(a) MACHINE-READABLE, TAMPER-RESISTANT PASSPORTS-

(1) CONDITION FOR TREATMENT AS VISA WAIVER PARTICIPANT- Effective 1 year after the date of enactment of this Act, a country may only be treated as a visa waiver participant under section 217 of the Immigration and Nationality Act if the Secretary of State and the Attorney General jointly determine that the country issues to its citizens and nationals machine-readable, tamper-resistant passports that are of comparable quality as passports issued by the United States and can be read by machines at United States ports of entry.

(2) DEADLINE FOR IMPLEMENTATION- Not later than 2 years after the date of enactment of this Act, such passports shall contain biometric data, as prescribed by the Secretary of State and the Attorney General.

(b) REPORTING OF STOLEN PASSPORTS- Effective 1 year after the date of enactment of this Act, a country may only be treated as a visa waiver participant under section 217 of the Immigration and Nationality Act if the Secretary of State and the Attorney General jointly determine that the country timely transmits to the Attorney General reports of thefts of passports issued by that country.

(c) AUTHORITY TO TERMINATE VISA WAIVER COUNTRY DESIGNATIONS- Notwithstanding any other provision of law, the Attorney General, in consultation with the

Secretary of State, may terminate the designation of any country as a visa waiver participant under section 217 of the Immigration and Nationality Act if the Attorney General determines that the continued inclusion of that country in the visa waiver program would pose a risk to the national security of the United States.

(d) DEVELOPMENT OF STANDARD BIOMETRIC IDENTIFIERS-

(1) IN GENERAL- The Attorney General and the Secretary of State, acting jointly, shall develop standard biometric identifiers for the purpose described in section 4(a).

(2) IMPLEMENTATION- Effective 1 year after the date of enactment of this Act, no passport may be issued by the Secretary of State under section 217 of the Immigration and Nationality Act that does not contain the standard biometric identifiers described in paragraph (1).

(3) READERS AND SCANNERS AT PORTS OF ENTRY- The Attorney General shall install biometric data readers and scanners at each port of entry of the United States no later than 1 year from the date of enactment of this Act.

(4) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Department of Justice and the Department of State such sums as may be necessary to carry out this subsection.

SEC. 5. PRESCREENING OF ALIENS PRIOR TO ARRIVAL IN THE UNITED STATES.

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,'.

SEC. 6. PASSENGER MANIFEST INFORMATION.

(a) IN GENERAL- Beginning not later than January 1, 2002, each commercial air, land, or sea carrier arriving in the United States from a foreign state shall be required to provide to the Attorney General manifest information about each passenger, crew member, and other occupants as specified in subsection (b), in advance of departure for the United States.

(b) INFORMATION- The information to be provided with respect to each person listed on the manifest shall include--

(1) complete name;

(2) date of birth;

(3) citizenship;

(4) gender;

(5) passport number and country of issuance;

(6) country of residence;

(7) United States visa number, date, and place of issuance, as applicable;

(8) alien registration number, where applicable; and

(9) such other information as the Attorney General, in consultation with the Secretary of State, determines is reasonable to protect safety and national security.

(c) REVIEW- Information provided under this section shall be reviewed against the lookout database established under section 2 of this Act.

(d) PROCEDURES FOR THE ELECTRONIC TRANSMISSION OF MANIFEST INFORMATION- Not later than January 1, 2002, each commercial air, land, or sea carrier subject to the requirements of this section shall develop procedures to permit the electronic transmission of manifest information required by this section.

(e) PREARRIVAL MESSAGES FROM OTHER VESSELS DESTINED TO UNITED STATES PORTS- Section 4(a)(5) of the Ports and Waterways Safety Act (33 U.S.C. 1223(a)(5)) is amended by striking paragraph (5) and inserting the following:

`(5)(A) may require the receipt of prearrival messages from any vessel destined for a port or place subject to the jurisdiction of the United States, not later than 96 hours before the vessel's arrival or such time as deemed necessary under regulations promulgated by the Secretary to thoroughly examine all information provided, which shall include with respect to the vessel--

`(i) the route and name of each port and each place of destination in the United States;

`(ii) the estimated date and time of arrival at each port or place;

`(iii) the name of the vessel;

`(iv) the country of registry of the vessel;

`(v) the call sign of the vessel;

`(vi) the International Maritime Organization (IMO) international number or, if the vessel does not have an assigned IMO international number, the official number of the vessel;

`(vii) the name of the registered owner of the vessel;

`(viii) the name of the operator of the vessel;

`(ix) the name of the classification society of the vessel;

`(x) a general description of the cargo on board the vessel;

`(xi) in the case of certain dangerous cargo--

`(I) the name and description of the dangerous cargo;

`(II) the amount of the dangerous cargo carried;

`(III) the stowage location of the dangerous cargo; and

`(IV) the operational condition of the equipment under section 164.35 of title 33 of the Code of Federal Regulations;

`(xii) the date of departure and name of the port from which the vessel last departed;

`(xiii) the name and telephone number of a 24-hour point of contact for each port included in the notice of arrival;

`(xiv) the location or position of the vessel at the time of the report;

`(xv) a list of crew members onboard the vessel including with respect to each crew member--

`(I) the full name;

`(II) the date of birth;

`(III) the nationality;

`(IV) the passport number or mariners document number; and

`(V) the position or duties;

`(xvi) a list of persons other than crew members onboard the vessel including with respect to each such person--

`(I) the full name;

`(II) the date of birth;

`(III) the nationality; and

`(IV) the passport number; and

`(xvii) any other information required by the Secretary; and

`(B) any changes to the information required by subparagraph (A), except changes in the arrival or departure time of less than 6 hours, must be reported as soon as practicable but not less than 24 hours before entering the port of destination. The Secretary may deny entry of a vessel into the territorial sea of the United States if the Secretary has not received notification for the vessel in accordance with paragraph (5).'.

(f) ELECTRONIC VISA FILES- The consular officer issuing a visa to an alien shall transmit to the lookout database established under section 2(a) an electronic version of the alien's visa file prior to the departure of that alien for the United States and within such time limits as are necessary 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. 7. REQUIREMENTS FOR FEDERAL DOCUMENTS.

(a) RESISTANCE TO FRAUD AND TAMPERING- The Attorney General, in consultation with the Secretary of Transportation, the Secretary of Health and Human Services, and the Administrator of the Social Security Administration, shall establish procedures to ensure that newly issued identification documents, licenses, and permits issued by such departments and agencies are designed to prevent fraudulent use and alteration by tampering.

(b) IMMIGRATION AND VISA DOCUMENTS- The Secretary of State and the Attorney General shall each ensure that every visa and immigration document issued under the jurisdiction of the Federal Government--

(1) is designed to meet the requirements under subsection (a) regarding fraudulent use and alteration by tampering;

(2) contains biometric data; and

(3) in the case of an alien issued a visa, includes the date of expiration of such visa.

(c) FEDERALLY REGULATED DOCUMENTS ISSUED BY STATE AND LOCAL GOVERNMENTS- The Attorney General, in consultation with the Secretary of Transportation, the Secretary of Health and Human Services, and the Administrator of the Social Security Administration, shall establish procedures to ensure that, in the administration of any law that applies Federal requirements or standards to identification documents issued by a State or a unit of local government, a requirement is imposed to ensure that each such document is designed to meet the requirements under subsection (a) regarding fraudulent use and alteration by tampering.

SEC. 8. DENIAL OF FOREIGN STUDENT VISAS TO NATIONALS OF STATE SPONSORS OF INTERNATIONAL TERRORISM.

(a) IN GENERAL- Notwithstanding any other provision of law, an alien who is a national of a country that is listed on the Department of State's list of state sponsors of international terrorism is ineligible to receive a foreign student visa or to be admitted to the United States as a foreign student.

(b) WAIVER-

(1) AUTHORITY- The Secretary of State may waive the application of subsection (a) in the case of an alien whom the Secretary certifies as not posing a risk to the national security of the United States. The certification process under this paragraph shall include heightened scrutiny of the alien's background.

(2) NONDELEGATION- The Secretary may not delegate authority to grant a waiver under paragraph (1) to any official below the level of Under Secretary of State other than to the Assistant Secretary of State for Consular Affairs. If delegated to the Assistant Secretary of State for Consular Affairs, the authority may not be further delegated by the Assistant Secretary.

SEC. 9. FOREIGN STUDENT MONITORING PROGRAM.

(a) IMPLEMENTATION AND EXPANSION-

(1) IN GENERAL- Not later than January 1, 2003, the Attorney General, in consultation with the Secretary of State and the Secretary of Education, shall implement the program established by section 641(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a)). Notwithstanding any other provision of law, the program shall be applied to all foreign nationals described in subparagraphs (F), (J), and (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) who are covered by the other subsections of this section.

(2) APPLICATION FEE- The Secretary of State shall impose on each student applying for a foreign student visa an application fee in such amount as the Attorney General determines necessary to provide the funding necessary to maintain the program referred to in paragraph (1). Amounts collected under this paragraph shall supplement and not supplant the $36,800,000 authorized to be appropriated by Public Law 107-36.

(b) Prohibition on Providing INS Form I-20 to Foreign Students- Notwithstanding any other provision of law, no INS Form I-20 shall be provided or issued directly to a foreign student or other individual not authorized by the Secretary of State.

(c) Submission of INS Form I-20 to Department of State- Notwithstanding any other provision of law, for each foreign student seeking to enroll in an approved institution of higher education, the institution shall submit to the Department of State a completed INS Form I-20 containing the following information:

(1) The identity of the student.

(2) The date of entry and port of entry.

(3) The student's address in the country of origin.

(4) The names and addresses of the student's parents and siblings.

(5) Contacts of the student in the student's country of residence who could verify information about the student, including family members, close associates, and persons in organizations with which the student is affiliated in such country.

(6) Previous work experience, including names and addresses of employers.

(7) The date of alien's enrollment in an approved institution of higher education, other approved educational institution, or designated exchange visitor program in the United States.

(8) 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 enroll or reenroll).

(9) The academic course of study to be pursued by the student at an institution in the United States.

(10) The United States consulate where the student intends to apply for a visa.

(d) NOTIFICATION OF INSTITUTIONS- Upon the issuance of a student visa for an alien to attend an approved institution of education, the Secretary of State shall transmit to the institution a notification of the issuance of the visa to that alien.

(e) ENTRY OF INFORMATION IN LOOKOUT DATABASE- The information provided by a student on the INS form I-20 shall be entered in the lookout database established under section 2(a).

(f) INS BACKGROUND CHECKS- The Attorney General shall conduct a background examination of each foreign student prior to the issuance of a visa by a consular officer to ensure that the alien is not subject to a bar to reentry as a result of any previous violation of immigration law.

(g) ELECTRONIC UPDATES- Not later than 30 days after the end of the enrollment period at the commencement of each academic term, each educational institution shall provide the following information to the Attorney General regarding each foreign student enrolled in the institution:

(1) The student's full name.

(2) The address of the student in student's country of origin.

(3) The actual address of the student in the United States.

(4) Date of commencement of studies.

(5) Degree program and list of courses of study.

(6) Status of the student (including whether the student is full-time or part-time).

(7) Date on which the academic term ends.

(h) QUARTERLY REPORTS- Each approved institution of higher education shall, on a quarterly basis, submit to the Attorney General a report on the status of each foreign student described in subsection (g) who is enrolled in the institution. The quarterly report shall include the information described in that subsection and information regarding any disciplinary action taken by the institution as a result of any crime committed by the foreign student.

(i) FAILURE TO ENROLL-

(1) NOTIFICATION BY INSTITUTION- Each approved institution of higher education shall immediately inform the Attorney General whenever a foreign student who has been issued a visa fails to enroll at the institution, withdraws from the institution, or violates the terms of his visa. The notification shall be submitted not later than 30 days after the reportable event.

(2) NOTIFICATION OF STATE DEPARTMENT AND OTHERS- The Attorney General shall notify the Secretary of State of any failure of a student to enroll at the approved institution of higher education of the student, any withdrawal of the student from the institution, or any violation of the terms of the student's visa.

(j) PROHIBITION ON AUTOMATIC EXTENSION OF FOREIGN STUDENT VISA- In the case of any foreign student seeking an extension of a foreign student visa, the foreign student shall apply for the extension and submit to a new background examination.

(k) APPROVED INSTITUTION OF HIGHER EDUCATION APPROVED- The term `approved institution of higher education' means--

(1) a college or university approved by the Attorney General, in consultation with the Secretary of Education, under subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act; and

(2) a vocational or other nonacademic institution approved by the Attorney General, in consultation with the Secretary of Education, under subparagraph (M) of such section, including a flight training school and language training school (notwithstanding the parenthetical exclusion of language training programs in clause (i) of such subparagraph).

SEC. 10. REQUIREMENTS RELATING TO THE ADMISSION OF NONIMMIGRANT ALIENS.

(a) ADDITIONAL CONSULAR PERSONNEL-

(1) REQUIREMENT- The Secretary of State shall assign such additional number of Foreign Service personnel to serve as consular officers as may be necessary to achieve effective screening of visa applicants.

(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out paragraph (1).

(b) BACKGROUND CHECKS-

(1) BEFORE ISSUANCE OF VISA- Prior to the issuance of a nonimmigrant visa to any alien, the consular officer shall obtain notification from the Immigration and Naturalization Service that the Service has conducted a background review of the alien and that such review reveals no grounds of inadmissibility under section 212(a) of the Immigration and Nationality Act or removability under section 237(a) of such Act.

(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Department of Justice such sums as may be necessary to employ additional examinations personnel within the Immigration and Naturalization Service to carry out paragraph (1).

(c) FINGERPRINT AND OTHER INFORMATION REQUIRED- No application for a nonimmigrant visa under section 101(a)(15) of the Immigration and Nationality Act may be approved for an alien until the alien submits to the consular officer the fingerprints or other designated biometric data, or the fingerprints and other designated biometric data, required to be submitted.

SEC. 11. ADDITIONAL PORT OF ENTRY PERSONNEL PERSONNEL.

(a) INS INSPECTORS- During each of fiscal years 2002 through 2006, the Attorney General shall increase the number of inspectors in the Immigration and Naturalization Service by the equivalent of 200 full time employees over the number of inspectors in the Immigration and Naturalization Service as of the end of the preceding fiscal year.

(b) INS INVESTIGATIVE PERSONNEL- The Attorney General shall assign such additional number of investigative personnel of the Immigration and Nationality Service to pursue investigations of aliens in the United States in violation of the terms of their visa as may be necessary to achieve timely and effective completion of the investigations and action on the results of the investigations.

(c) CUSTOMS SERVICE INSPECTORS- During each of fiscal years 2002 through 2006, the Secretary of the Treasury shall increase the number of inspectors in the United States Customs Service by the equivalent of 200 full time employees over the number of inspectors in the United States Customs Service as of the end of the preceding fiscal year.

(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out this section.

SEC. 12. GENERAL ACCOUNTING OFFICE STUDY.

(a) REQUIREMENT FOR STUDY- The Comptroller General 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 information on the status of the alien.

(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. 13. DEFINITIONS.

In this Act:

(1) FOREIGN STUDENT- The term `foreign student' means a nonimmigrant alien described in subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).

(2) 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)).

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be necessary to carry out this Act.

END