[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3077 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3077

 To improve procedures with respect to the admission to, and departure 
                   from, the United States of aliens.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 10, 2001

 Mr. Castle (for himself, Mr. Deal of Georgia, Mr. Flake, Mr. Norwood, 
Mr. Stump, Mrs. Jo Ann Davis of Virginia, Mr. Goode, Mr. Tancredo, Mrs. 
  Roukema, Mr. Kerns, Mrs. Emerson, and Mr. Greenwood) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To improve procedures with respect to the admission to, and departure 
                   from, the United States of aliens.

    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 Integrity and Security Act of 
2001''.

SEC. 2. SENSE OF THE CONGRESS REGARDING THE NEED TO EXPEDITE 
              IMPLEMENTATION OF INTEGRATED ENTRY AND EXIT DATA SYSTEM.

    In light of the terrorist attacks perpetrated against the United 
States on September 11, 2001, it is the sense of the Congress that--
            (1) the Attorney General should fully implement the 
        integrated entry and exit data system for airports, seaports, 
        and land border ports of entry, as specified in section 110 of 
        the Illegal Immigration Reform and Immigrant Responsibility Act 
        of 1996, as amended by the Immigration and Naturalization 
        Service Data Management Improvement Act of 2000 (Public Law 
        106-215), with all deliberate speed and as expeditiously as 
        practicable; and
            (2) the Attorney General, in consultation with the 
        Secretary of State, the Secretary of Commerce, and the 
        Secretary of the Treasury, should immediately begin 
        establishing the Integrated Entry and Exit Data System Task 
        Force, as described in section 3 of the Immigration and 
        Naturalization Service Data Management Improvement Act of 2000 
        (Public Law 106-215).

SEC. 3. INTEGRATED ENTRY AND EXIT DATA SYSTEM.

    (a) Development of the System.--In the development of the 
integrated entry and exit data system referred to in section 2, the 
Attorney General shall particularly focus on--
            (1) the utilization of biometric technology, including, but 
        not limited to, electronic fingerprinting, face recognition, 
        and retinal scan technology; and
            (2) developing a tamper-proof identification, readable at 
        ports of entry as a part of any nonimmigrant visa issued by the 
        Secretary of State.
    (b) Integration With Law Enforcement Databases.--The entry and exit 
data system described in subsection (a) shall be able to be integrated 
with law enforcement databases for use by State and Federal law 
enforcement to identify and detain individuals in the United States 
after the expiration of their visa.

SEC. 4. ACCESS BY THE DEPARTMENT OF STATE TO CERTAIN IDENTIFYING 
              INFORMATION IN THE CRIMINAL HISTORY RECORDS OF VISA 
              APPLICANTS AND APPLICANTS FOR ADMISSION TO THE UNITED 
              STATES.

    (a) Amendment of the Immigration and Nationality Act.--Section 105 
of the Immigration and Nationality Act (8 U.S.C. 1105) is amended--
            (1) in the section heading, by inserting ``; data 
        exchange'' after ``security officers'';
            (2) by inserting ``(a)'' after ``Sec. 105.'';
            (3) in subsection (a), by inserting ``and border'' after 
        ``internal'' the second place it appears; and
            (4) by adding at the end the following:
    ``(b) The Attorney General and the Director of the Federal Bureau 
of Investigation shall provide the Department of State access to the 
criminal history record information contained in the National Crime 
Information Center's Interstate Identification Index (NCIC-III), Wanted 
Persons File, and to any other files maintained by the National Crime 
Information Center that may be mutually agreed upon by the Attorney 
General and the Department of State, for the purpose of determining 
whether or not a visa applicant or applicant for admission has a 
criminal history record indexed in any such file. The Department of 
State shall merge the information obtained under this subsection with 
the information in the system currently accessed by consular officers 
to determine the criminal history records of aliens applying for 
visas.''.
    (b) Regular Reporting.--The Director of Central Intelligence, the 
Secretary of Defense, the Commissioner of Immigration and 
Naturalization, and the Director of the Federal Bureau of Investigation 
shall provide information to the Secretary of State on a regular basis 
as agreed by the Secretary and the head of each of these agencies that 
will assist the Secretary in determining if an applicant for a visa has 
a criminal background or poses a threat to the national security of the 
United States or is affiliated with a group that poses such a threat.
    (c) Report on Screening Information.--Not later than 6 months after 
the date of enactment of this Act, the Secretary of State shall submit 
a report to Congress on the information that is needed from any United 
States agency to best screen visa applicants to identify those 
affiliated with terrorist organizations or those that pose any threat 
to the safety or security of the United States, including the type of 
information currently received by United States agencies and the 
regularity with which such information is transmitted to the Secretary.

SEC. 5. STUDENT TRACKING SYSTEM.

    (a) Integration With Port of Entry Information.--For each alien 
with respect to whom information is collected under this section, the 
Attorney General shall include information on the date of entry, port 
of entry, and nonimmigrant classification.
    (b) Expansion of System to Include Other Approved Educational 
Institutions.--Section 641 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1372) is amended--
            (1) in subsection (a)(1), subsection (c)(4)(A), and 
        subsection (d)(1) (in the text above subparagraph (A)), by 
        inserting ``, other approved educational institutions,'' after 
        ``higher education'' each place it appears;
            (2) in subsections (c)(1)(C), (c)(1)(D), and (d)(1)(A), by 
        inserting ``, or other approved educational institution,'' 
        after ``higher education'' each place it appears;
            (3) in subsections (d)(2), (e)(1), and (e)(2), by inserting 
        ``, other approved educational institution,'' after ``higher 
        education'' each place it appears; and
            (4) in subsection (h), by adding at the end the following 
        new paragraph:
            ``(3) Other approved educational institution.--The term 
        `other approved educational institution' includes any air 
        flight school, language training school, vocational school, or 
        other school, approved by the Attorney General, in consultation 
        with the Secretary of Education, under subparagraph (F), (J), 
        or (M) of section 101(a)(15) of the Immigration and Nationality 
        Act.''.
    (c) Expansion of System to Include Additional Information.--Section 
641(b) of the Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C.1372(b)), as amended by subsection (a), is further 
amended--
            (1) by redesignating subparagraphs (B), (C), and (D) of 
        paragraph (1) as subparagraphs (C), (D), and (E), respectively;
            (2) by inserting after subparagraph (A) the following:
                    ``(B) the name of any dependent spouse, child, or 
                other family member accompanying the alien student to 
                the United States;''; and
            (3) in paragraph (1)(D) (as so redesignated), by inserting 
        after ``maintaining status as a full-time student'' the 
        following: ``and, if the alien is not maintaining such status, 
        the date on which the alien has concluded the alien's course of 
        study and the reason therefor''; and
            (4) by adding at the end the following new paragraph:
            ``(5) Information on failure to commence studies.--Each 
        approved institution of higher education, other approved 
        educational institution, or designated exchange visitor program 
        shall inform the Attorney General within 30 days if an alien 
        described in subsection (a)(1) who is scheduled to attend the 
        institution or program fails to do so. The Attorney General 
        shall ensure that information received under this paragraph is 
        included in the National Crime Information Center's Interstate 
        Identification Index.''.

SEC. 6. STRENGTHENING VISA WAIVER PILOT PROGRAM.

    Section 217(c)(2) of the Immigration and Nationality Act (8 U.S.C. 
1187(c)(2)) is amended by adding at the end the following:
                    ``(D) Tamper proof passport.--The country employs a 
                tamper-proof passport, has established a program to 
                reduce the theft of passports, and has experienced 
                during the preceding two-year period a low rate of 
                theft of passports, as determined by the Secretary of 
                State.''.

SEC. 7. REPORTING REQUIREMENT REGARDING H-1B NONIMMIGRANT ALIENS.

    (a) Requirement.--Not later than 14 days after the employment of a 
nonimmigrant alien described in section 101(a)(15)(H)(i)(b) of the 
Immigration and Nationality Act is terminated by an employer, the 
employer shall so report to the Attorney General, together with the 
reasons for the termination, if such reasons exist.
    (b) Penalty.--Any employer who fails to make a report required 
under subsection (a) shall be ineligible to employ any nonimmigrant 
alien described in that subsection for a period of one year.
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