[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3229 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 3229
To enhance the security of the international borders of the United
States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 6, 2001
Mr. Gallegly introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on
International Relations, 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 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 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) 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
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 under subsection (c).
(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 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. FALSE IDENTIFICATION.
Section 1028 of title 18, United States Code, is amended--
(1) in subsection (a)(6), by inserting ``or of any foreign
nation'' after ``the United States''; and
(2) in subsections (b)(1)(A)(i) and (c)(1), by inserting
``or the government of any foreign nation'' after ``authority
of the United States''.
SEC. 13. 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. 14. 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. 15. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
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