[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3205 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 3205
To enhance the border security of the United States, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 1, 2001
Mr. Conyers (for himself, Mr. Graves, Mr. Berman, and Mr. Cannon)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committees on Intelligence
(Permanent Select), International Relations, Government Reform, Ways
and Means, and Transportation and Infrastructure, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
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.
This Act may be cited as the ``Enhanced Border Security Act of
2001''.
SEC. 2. ACCESS TO AND COORDINATION OF LAW ENFORCEMENT AND OTHER
INFORMATION.
(a) Report Identifying Law Enforcement and Intelligence
Information.--
(1) Requirement for report.--Not later than 90 days after
the date of enactment of this Act, the Secretary of State, the
Commissioner of Immigration and Naturalization, and the
Director of Central Intelligence shall jointly submit to the
appropriate committees of Congress a report identifying the
information being collected by all of the United States law
enforcement agencies and the intelligence community that is
needed by the Department of State and the Immigration and
Naturalization Service to screen visa applicants and applicants
for admission to the United States to identify those aliens
inadmissible or deportable under the Act.
(2) Cooperation by sources of information.--Upon receipt of
a request from the Secretary of State, the Commissioner of
Immigration and Naturalization, the Director of Central
Intelligence, or the Director of the Office of Homeland
Security for assistance or cooperation in the preparation of
the report under this subsection, the head of a United States
law enforcement agency or the appropriate official within the
intelligence community shall provide the requested assistance
or cooperation.
(b) Coordination Plan.--
(1) Requirement for plan.--Based on the findings of the
report under subsection (a), the Secretary of State, the
Commissioner of Immigration and Naturalization, and the
Director of Central Intelligence shall, not later than 120 days
after the submittal of the report under that subsection,
jointly develop and implement a plan that requires United
States law enforcement agencies and the intelligence community
to provide to the Department of State and the Immigration and
Naturalization Service all information identified in the report
under subsection (a) as expeditiously as practicable.
(2) Consultation requirement.--In the preparation and
implementation of the plan under this subsection, the Secretary
of State, the Commissioner of Immigration and Naturalization,
and the Director of Central Intelligence 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 (a) 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 of alien to the United
States;
(C) to ensure the accuracy, security,
confidentiality, and destruction of such information;
(D) to protect any privacy rights of individuals
who are subjects of such information;
(E) to provide for the timely removal of obsolete
or inaccurate information; and
(F) in a manner that protects the source and method
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)).
(c) Interoperable Law Enforcement and Intelligence Data System.--
(1) Requirement for interoperable data system.--Not later
than one year after the commencement of implementation of the
plan required by subsection (b), the Secretary of State, the
Attorney General, the Commissioner of Immigration and Naturalization,
and the Director of Central Intelligence shall develop and implement a
unified electronic data system to provide current and immediate access
to information in databases of United States law enforcement agencies
and the intelligence community that is relevant to determine whether to
issue a visa or to determine the admissibility of an alien to the
United States.
(2) Consultation requirement.--In the development and
implementation of the data system under this subsection, the
Secretary of State, the Attorney General, the Commissioner of
Immigration and Naturalization, and the Director of Central
Intelligence shall consult with the Director of the Office of
Homeland Security, the Foreign Terrorist Tracking Task Force,
United States law enforcement agencies, and the intelligence
community.
(3) Technology standard.--The data system developed and
implemented under this subsection, and the databases referred
to in paragraph (1), shall utilize the technology standard
established pursuant to section 403(c) of the United and
Strengthening America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism Act of 2001.
(4) Access to information in data system.--Subject to
paragraph (5), information in the data system under this
subsection shall be readily and easily accessible as follows:
(A) To any foreign service office responsible for
the issuance of visas.
(B) To any Federal agent responsible for
determining the admissibility of an alien to the United
States.
(5) Limitation on access.--The Secretary of State, the
Attorney General, and the Director of Central Intelligence
shall establish procedures to restrict access to intelligence
information in the data system under this subsection, and the
databases referred to in paragraph (1), under circumstances in
which such information is not to be disclosed directly to
government officials under paragraph (4).
(d) Additional Consultation Requirements.--In the preparation of
the report required by subsection (a), and in the development and
implementation of the plan required by subsection (b), the Secretary of
State, the Commissioner of Immigration and Naturalization, and the
Director of Central Intelligence shall consult with the Director of the
Office of Homeland Security and the Foreign Terrorist Tracking Task
Force.
(e) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means
the following:
(A) The Committee on the Judiciary and the Select
Committee on Intelligence of the Senate.
(B) The Committee on the Judiciary and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(2) 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. 3. ENSURING ADEQUATE PERSONNEL AT PORTS OF ENTRY AND TECHNOLOGY
IMPROVEMENTS AT PORTS OF ENTRY AND CONSULAR POSTS.
(a) FTE Limitation.--The Attorney General is authorized to waive
any limitation on the number of full-time equivalent personnel assigned
to the Immigration and Naturalization Service.
(b) INS Staffing.--There are authorized to be appropriated such
sums as may be necessary to meet the Immigration and Naturalization
Service staffing levels estimated as required by the current Workforce
Analysis Models for United States ports of entry. Such staffing level
authorization shall require the necessary numbers of border patrol and
inspectors payable at a GS-11 level, inspections assistants to be paid
at a GS-7 level, and the associated clerical support staff at the
specified General Schedule level in such models.
(c) Training.--There are authorized to be appropriated such sums as
may be necessary--
(1) to appropriately train Border Patrol personnel, United
States Customs Service personnel, and Immigration inspectors on
an ongoing basis to ensure that their proficiency levels are
acceptable to protect the borders of the United States; and
(2) to provide adequate continuing cross training to
agencies staffing the United States ports of entry to
effectively and correctly apply applicable United States laws.
(d) United States Department of State; Bureau of Consular
Affairs.--There are authorized to be appropriated such sums as may be
necessary--
(1) to implement enhanced security measures for the review
of visa applicants;
(2) to enhance intelligence interface with United States
and international intelligence information;
(3) to staff the associated infrastructure; and
(4) to provide ongoing training for consular officers.
(e) Funding of Technology.--
(1) Authorization of appropriations.--In addition to funds
otherwise available for such purpose, there are authorized to
be appropriated $50,000,000 to the Immigration and
Naturalization Service, and $50,000,000 to the United States
Customs Service, for purposes of--
(A) making improvements in technology (including
infrastructure support, computer security, and
information technology development) for improving
border security; and
(B) expanding, utilizing, and improving technology
at ports of entry to improve border security.
(2) Waiver of fees.--Federal agencies involved in border
security shall, when practicable, waive enrollment fees for
technology-based programs to encourage alien participation in
such programs.
(3) Offset of increases in fees.--The Attorney General
shall, to the extent reasonable, increase land border fees for
the issuance of arrival-departure documents to offset
technology costs.
(f) 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 initially shall be the higher of $65 or the
cost of the machine readable visa service, as determined by the
Department of State through a cost-of-service study.
(3) 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 non-machine
readable passport.
(4) 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. PERIMETER NATIONAL SECURITY PROGRAM.
(a) Study of Perimeter National Security Program.--The Secretary of
State and the Commissioner of Immigration and Naturalization, in
consultation with the Director of the Office of Homeland Security and
the Foreign Terrorist Tracking Task Force, shall jointly conduct a
study of the costs, procedures, and implementation alternatives of a
Perimeter National Security Program, which shall involve a review of,
at least the following:
(1) North american national security cooperative.--The
feasibility of establishing a cooperative task force of the
appropriate representatives of Canada, Mexico, and the United
States to establish, implement, and monitor an intercountry
system to evaluate and determine the admission of foreign
nationals based on national security concerns, including the
monitoring of the entry and exit of foreign nationals from such
countries.
(2) Preclearance.--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 traveler is admissible to the United States under
section 212 of the Immigration and Nationality Act (8 U.S.C.
1182). For each traveler determined to be admissible under such
procedure, the processing of the traveler's admission upon
arrival to the United States shall be expedited upon
confirmation of identity. In the conduct of the element of the
study under this paragraph, 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.
(3) Preinspection.--The number, location, and cost of
establishing, staffing, and providing for the training of
inspectors to be assigned to foreign preinspection facilities
to determine admissibility to the United States under section
212 of the Immigration and Nationality Act, including--
(A) the feasibility of expanding foreign
preinspections to foreign nationals on flights destined
for Canada and Mexico; and
(B) the feasibility of cross training and funding
of inspectors from Canada and Mexico.
(4) Conditions.--The measures necessary to satisfy the
conditions required by section 235A(a)(5) of the Immigration
and Nationality Act (8 U.S.C. 1225a(a)(5)).
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of State and the Commissioner of Immigration
and Naturalization shall, in consultation with the Director of the
Office of Homeland Security, jointly submit to the Committees on the
Judiciary of the House of Representatives and the Senate a report
setting forth the findings of the study conducted under subsection (a).
(c) Funding.--There is authorized to be appropriated such sums as
may be necessary to carry out this section.
SEC. 5. IMPLEMENTATION OF INTEGRATED ENTRY AND EXIT DATA SYSTEM.
(a) Implementation of Integrated Entry and Exit System at Ports of
Entry and Enhancement of Security of Land Border Ports of Entry.--In
light of the terrorist attacks perpetrated against the United States on
September 11, 2001, the Commissioner of Immigration and Naturalization
shall, in consultation with the Secretary of State, fully implement the
integrated entry and exit data system for ports of entry, as specified
in the Immigration and Naturalization Service Data Management
Improvement Act of 2000 (Public Law 106-215), with all deliberate speed
and as expeditiously as practicable.
(b) Development of Entry and Exit System and Enhanced Security at
Ports of Entry.--In developing the integrated entry and exit data
system for the ports of entry as specified in subsection (a), the
Commissioner of Immigration and Naturalization and the Secretary of
State shall consider--
(1) implementing the Perimeter National Security Program's
implementation;
(2) implementing, funding, and using a technology standard
to confirm identity at United States ports of entry and at
consular posts abroad;
(3) using biometric identifiers in conjunction with
issuance of any arrival-departure record, any type of visa to
be issued by the Department of State, and any travel document
issued to an alien by either the Department of State or the
Immigration and Naturalization Service;
(4) requiring machine readable visas and passports for
entry;
(5) creating a database containing the arrival and
departure data from machine readable visas, passports, and
arrival-departure records;
(6) integrating all security databases relevant to making
an admissibility determination under section 212 of the
Immigration and Nationality Act (8 U.S.C. 1182);
(7) using visa issuance data from the Department of State's
visa issuance database to create the initial record for
travelers for whom the visa requirements are not waived under
section 214 or 217 of the Immigration and Nationality Act or
any other provision of such Act; and
(8) implementing technologies that facilitate the cross-
border movement of persons and commerce without compromising
the safety and security of the United States.
SEC. 6. FOREIGN SERVICE OFFICER TRAINING.
(a) Training.--The Secretary of State shall require that all
Foreign Service officers, 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. These 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 communication regarding
terrorists and terrorism, and cultural-sensitivity toward visa
applicants.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of State shall submit to Congress a report
regarding the establishment of relevant training programs.
(c) Use of Foreign Intelligence Information.--As an ongoing
component of the training required in subsection (a), the Secretary of
State shall coordinate with the Director of the Office of Homeland
Security, United States law enforcement agencies, and the intelligence
community (as defined in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)), 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.
(d) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to implement this section.
SEC. 7. PASSENGER MANIFEST INFORMATION.
(a) In General.--Every international commercial air carrier
arriving in the United States from a foreign state shall be required to
provide to the Attorney General manifest information specified in
subsection (b) in advance of such arrival.
(b) Information.--The information to be provided with respect to
each person listed on the manifest may include--
(1) complete name;
(2) date of birth;
(3) citizenship;
(4) sex;
(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; 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 all intelligence and law enforcement databases
available to the Attorney General.
(d) Procedures for the Electronic Transmission of Manifest
Information.--Not later than January 1, 2003, every international
commercial air carrier subject to the requirements of this section
shall develop procedures to permit the electronic transmission of
manifest information required by this section.
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--
(1) in paragraph (17)--
(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,''.
<all>