[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3052 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3052

     To amend the Immigration and Nationality Act to require that 
           nonimmigrant visa applicants provide fingerprints.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 5, 2001

Mr. Green of Texas introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To amend the Immigration and Nationality Act to require that 
           nonimmigrant visa applicants provide fingerprints.

    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 Information Security Act of 
2001''.

SEC. 2. REQUIREMENT FOR BIOMETRIC IDENTIFIER FOR NONIMMIGRANT 
              APPLICANTS FOR ADMISSION.

    (a) Requirement for Nonimmigrant Visa Application.--Section 221(b) 
of the Immigration and Nationality Act (8 U.S.C. 1201(b)) is amended--
            (1) by inserting ``(1)'' after ``(b)''; and
            (2) by inserting at the end the following new paragraph:
    ``(2) Each alien who applies for a nonimmigrant visa shall submit a 
biometric identifier (such as the fingerprints or handprint of the 
alien) that is machine readable, at such time and in such manner as 
shall be determined by regulation by the Attorney General and the 
Secretary of State. A biometric identifier shall be required to be 
contained on the visa or other documentation required for admission at 
the port of entry. The Attorney General may, in the discretion of the 
Attorney General and on the basis of reciprocity pursuant to such 
regulations as the Attorney General may prescribe, waive the 
requirement of a biometric identifier in the case of any nonimmigrant.
    (b) Match Requirement for Admission.--Section 221(f) of the 
Immigration and Nationality Act (8 U.S.C. 1201(f)) is amended--
            (1) by inserting ``(1)'' after ``(f)''; and
            (2) by inserting at the end the following new paragraph:
    ``(2) Each alien presenting a nonimmigrant visa and other documents 
required at the port of entry is not permitted to enter the United 
States unless the biometric identifier contained on the documents 
matches the appropriate biometric characteristic of the alien.''.
    (c) Database Crosscheck.--The Attorney General and the Secretary of 
State, jointly, shall by regulation require that prior to the issuance 
of a nonimmigrant visa, the biometric identifier of each applicant 
shall be crosschecked with appropriate databases (including the 
databases of the criminal justice information services division of the 
Department of Justice) for information regarding the police and 
criminal record, if any, of such alien and such other information as 
may be appropriate.
    (d) Implementation.--The Attorney General and the Secretary of 
State shall ensure that officials at consular offices abroad with the 
responsibility to consider applications for nonimmigrant visas and 
immigration officials at points of entry have the technology and 
training to carry out this section and the amendments made by this 
section.
    (e) Fees.--
            (1) Establishment.--The Attorney General shall establish a 
        fee, which the Attorney General may periodically revise, to be 
        imposed on, and collected from, all nonimmigrant aliens prior 
        to the issuance of a visa. The amount of the fee shall be based 
        on the Attorney General's estimate of the cost per alien of 
        implementing this section and the amendments made by this 
        section.
            (2) Use.--Fees collected under paragraph (1) shall be 
        deposited as offsetting receipts into a separate account in the 
        Treasury and shall remain available until expended for the 
        Attorney General to reimburse any appropriation the amount paid 
        out for expenses in carrying out this section.
    (f) Report to Congress.--At least annually, the Attorney General 
shall submit to the Congress a report concerning the implementation of 
this section and the amendments made by this section and use of the 
waiver authority under section 221(b)(2) of the Immigration and 
Nationality Act. Such reports may be submitted in classified and 
unclassified form.
                                 <all>