[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3525 Considered and Passed House (CPH)]







107th CONGRESS
  1st Session
                                H. R. 3525

  To enhance the border security of the United States, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 19, 2001

Mr. Sensenbrenner 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, 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

                           December 19, 2001

     Committees on the Judiciary, Intelligence (Permanent Select), 
    International Relations, Ways and Means, and Transportation and 
Infrastructure discharged; considered under suspension of the rules and 
                                 passed

_______________________________________________________________________

                                 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.

    (a) Short Title.--This Act may be cited as the ``Enhanced Border 
Security and Visa Entry Reform Act of 2001''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Definitions.
                            TITLE I--FUNDING

Sec. 101. Authorization of appropriations for hiring and training 
                            Government personnel.
Sec. 102. Authorization of appropriations for improvements in 
                            technology and infrastructure.
Sec. 103. Machine-readable visa fees.
               TITLE II--INTERAGENCY INFORMATION SHARING

Sec. 201. Interim measures for access to and coordination of law 
                            enforcement and other information.
Sec. 202. Interoperable law enforcement and intelligence data system 
                            with name-matching capacity and training.
Sec. 203. Commission on interoperable data sharing.
                        TITLE III--VISA ISSUANCE

Sec. 301. Electronic provision of visa files.
Sec. 302. Implementation of an integrated entry and exit data system.
Sec. 303. Machine-readable, tamper-resistant entry and exit documents.
Sec. 304. Terrorist lookout committees.
Sec. 305. Improved training for consular officers.
Sec. 306. Restriction on issuance of visas to nonimmigrants who are 
                            from countries that are state sponsors of 
                            international terrorism.
Sec. 307. Designation of program countries under the Visa Waiver 
                            Program.
Sec. 308. Tracking system for stolen passports.
Sec. 309. Identification documents for certain newly admitted aliens.
              TITLE IV--ADMISSION AND INSPECTION OF ALIENS

Sec. 401. Study of the feasibility of a North American National 
                            Security Program.
Sec. 402. Passenger manifests.
Sec. 403. Prearrival messages from other vessels destined to United 
                            States ports.
Sec. 404. Safety and security of ports and waterways.
Sec. 405. Time period for inspections.
            TITLE V--FOREIGN STUDENTS AND EXCHANGE VISITORS

Sec. 501. Foreign student monitoring program.
Sec. 502. Review of institutions and other entities authorized to 
                            enroll or sponsor certain nonimmigrants.
                   TITLE VI--MISCELLANEOUS PROVISIONS

Sec. 601. Extension of deadline for improvement in border crossing 
                            identification cards.
Sec. 602. General Accounting Office study.
Sec. 603. International cooperation.
Sec. 604. Statutory construction.
Sec. 605. Report on aliens who fail to appear after release on own 
                            recognizance.
Sec. 606. Retention of nonimmigrant visa applications by the Department 
                            of State.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Alien.--The term ``alien'' has the meaning given the 
        term in section 101(a)(3) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(3)).
            (2) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means the following:
                    (A) The Committee on the Judiciary, the Select 
                Committee on Intelligence, and the Committee on Foreign 
                Relations of the Senate.
                    (B) The Committee on the Judiciary, the Permanent 
                Select Committee on Intelligence, and the Committee on 
                International Relations of the House of 
                Representatives.
            (3) Federal law enforcement agencies.--The term ``Federal 
        law enforcement agencies'' means the following:
                    (A) The United States Secret Service.
                    (B) The Drug Enforcement Administration.
                    (C) The Federal Bureau of Investigation.
                    (D) The Immigration and Naturalization Service.
                    (E) The United States Marshall Service.
                    (F) The Naval Criminal Investigative Service.
                    (G) The Coastal Security Service.
                    (H) The Diplomatic Security Service.
                    (I) The United States Postal Inspection Service.
                    (J) The Bureau of Alcohol, Tobacco, and Firearms.
                    (K) The United States Customs Service.
                    (L) The National Park Service.
            (4) 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)).
            (5) President.--The term ``President'' means the President 
        of the United States, acting through the Assistant to the 
        President for Homeland Security, in coordination with the 
        Secretary of State, the Commissioner of Immigration and 
        Naturalization, the Attorney General, the Director of Central 
        Intelligence, the Director of the Federal Bureau of 
        Investigation, the Secretary of Transportation, the 
        Commissioner of Customs, and the Secretary of the Treasury.
            (6) USA PATRIOT Act.--The term ``USA PATRIOT Act'' means 
        the Uniting and Strengthening America by Providing Appropriate 
        Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT 
        ACT) Act of 2001 (Public Law 107-56).

                            TITLE I--FUNDING

SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR HIRING AND TRAINING 
              GOVERNMENT PERSONNEL.

    (a) Additional Personnel.--
            (1) INS inspectors.--Subject to the availability of 
        appropriations, during each of the fiscal years 2002 through 
        2006, the Attorney General shall increase the number of 
inspectors and associated support staff in the Immigration and 
Naturalization Service by the equivalent of at least 200 full-time 
employees over the number of inspectors and associated support staff in 
the Immigration and Naturalization Service authorized by the USA 
PATRIOT Act.
            (2) INS investigative personnel.--Subject to the 
        availability of appropriations, during each of the fiscal years 
        2002 through 2006, the Attorney General shall increase the 
        number of investigative and associated support staff of the 
        Immigration and Naturalization Service by the equivalent of at 
        least 200 full-time employees over the number of investigators 
        and associated support staff in the Immigration and 
        Naturalization Service authorized by the USA PATRIOT Act.
            (3) Customs service inspectors.--Subject to the 
        availability of appropriations, during each of the fiscal years 
        2002 through 2006, the Secretary of the Treasury shall increase 
        the number of inspectors and associated support staff in the 
        United States Customs Service by the equivalent of at least 200 
        full-time employees over the number of inspectors and 
        associated support staff in the United States Customs Service 
        authorized by the USA PATRIOT Act.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        this subsection, including such sums as may be necessary to 
        provide facilities, attorney personnel and support staff, and 
        other resources needed to support the increased number of 
        inspectors, investigative staff, and associated support staff.
    (b) Waiver of 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.
    (c) Authorization of Appropriations for INS Staffing.--
            (1) In general.--There are authorized to be appropriated 
        for the Department of Justice such sums as may be necessary to 
        provide an increase in the annual rate of basic pay--
                    (A) for all journeyman Border Patrol agents and 
                inspectors who have completed at least one year's 
                service and are receiving an annual rate of basic pay 
                for positions at GS-9 of the General Schedule under 
                section 5332 of title 5, United States Code, from the 
                annual rate of basic pay payable for positions at GS-9 
                of the General Schedule under such section 5332, to an 
                annual rate of basic pay payable for positions at GS-11 
                of the General Schedule under such section 5332;
                    (B) for inspections assistants, from the annual 
                rate of basic pay payable for positions at GS-5 of the 
                General Schedule under section 5332 of title 5, United 
                States Code, to an annual rate of basic pay payable for 
                positions at GS-7 of the General Schedule under such 
                section 5332; and
                    (C) for the support staff associated with the 
                personnel described in subparagraphs (A) and (B), at 
                the appropriate GS level of the General Schedule under 
                such section 5332.
    (d) Authorization of Appropriations for Training.--There are 
authorized to be appropriated such sums as may be necessary--
            (1) to appropriately train Immigration and Naturalization 
        Service and United States Customs Service personnel on an 
        ongoing basis--
                    (A) to ensure that their proficiency levels are 
                acceptable to protect the borders of the United States; 
                and
                    (B) otherwise to enforce and administer the laws 
                within their jurisdiction; and
            (2) to provide adequate continuing cross-training to 
        agencies staffing the United States border and ports of entry 
        to effectively and correctly apply applicable United States 
        laws;
            (3) to fully train immigration officers to use the 
        appropriate lookout databases and to monitor passenger traffic 
        patterns; and
            (4) to expand the Carrier Consultant Program described in 
        section 235(b) of the Immigration and Nationality Act (8 U.S.C. 
        1225A(b)).
    (e) Authorization of Appropriations for Consular Functions.--
            (1) Responsibilities.--The Secretary of State shall--
                    (A) implement enhanced security measures for the 
                review of visa applicants;
                    (B) staff the facilities and programs associated 
                with the activities described in subparagraph (A); and
                    (C) provide ongoing training for consular officers 
                and diplomatic security agents.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated for the Department of State such sums as may 
        be necessary to carry out paragraph (1).

SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR IMPROVEMENTS IN 
              TECHNOLOGY AND INFRASTRUCTURE.

    (a) Funding of Technology.--
            (1) Authorization of appropriations.--In addition to funds 
        otherwise available for such purpose, there are authorized to 
        be appropriated $150,000,000 to the Immigration and 
        Naturalization Service, and $150,000,000 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;
                    (B) expanding, utilizing, and improving technology 
                to improve border security; and
                    (C) facilitating the flow of commerce and persons 
                at ports of entry, including improving and expanding 
                programs for preenrollment and preclearance.
            (2) Waiver of fees.--Federal agencies involved in border 
        security may waive all or part of enrollment fees for 
        technology-based programs to encourage participation by United 
        States citizens and aliens in such programs. Any agency that 
        waives any part of any such fee may establish its fees for 
        other services at a level that will ensure the recovery from 
        other users of the amounts waived.
            (3) Offset of increases in fees.--The Attorney General may, 
        to the extent reasonable, increase land border fees for the 
        issuance of arrival-departure documents to offset technology 
        costs.
    (b) Improvement and Expansion of INS, State Department, and Customs 
Facilities.--There are authorized to be appropriated to the Immigration 
and Naturalization Service, the United States Customs Service, and the 
Department of State such sums as may be necessary to improve and expand 
facilities for use by the personnel of those agencies.

SEC. 103. MACHINE-READABLE VISA FEES.

    (a) Relation to Subsequent Authorization Acts.--Section 140(a) of 
the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 
(Public Law 103-236) is amended by striking paragraph (3).
    (b) Fee Amount.--The machine-readable visa fee charged by the 
Department of State shall be the higher of $65 or the cost of the 
machine-readable visa service, as determined by the Secretary of State 
after conducting a study of the cost of such service.
    (c) 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 nonmachine-readable passport.
    (d) Availability of Collected Fees.--Notwithstanding any other 
provision of law, 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.

               TITLE II--INTERAGENCY INFORMATION SHARING

SEC. 201. INTERIM MEASURES FOR ACCESS TO AND COORDINATION OF LAW 
              ENFORCEMENT AND OTHER INFORMATION.

    (a) Interim Directive.--Until the plan required by subsection (c) 
is implemented, Federal law enforcement agencies and the intelligence 
community shall, to the maximum extent practicable, share any 
information with the Department of State and the Immigration and 
Naturalization Service relevant to the admissibility and deportability 
of aliens, consistent with the plan described in subsection (c).
    (b) Report Identifying Law Enforcement and Intelligence 
Information.--
            (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, the President shall submit to the 
        appropriate committees of Congress a report identifying Federal 
        law enforcement and the intelligence community information 
        needed by the Department of State to screen visa applicants, or 
        by the Immigration and Naturalization Service to screen 
        applicants for admission to the United States, and to identify 
        those aliens inadmissible or deportable under the Immigration 
        and Nationality Act.
            (2) Repeal.--Section 414(d) of the USA PATRIOT Act is 
        hereby repealed.
    (c) Coordination Plan.--
            (1) Requirement for plan.--Not later than one year after 
        the date of enactment of the USA PATRIOT Act, the President 
        shall develop and implement a plan based on the findings of the 
        report under subsection (b) that requires Federal law 
        enforcement agencies and the intelligence community to provide 
        to the Department of State and the Immigration and 
        Naturalization Service all information identified in that 
        report as expeditiously as practicable.
            (2) Consultation requirement.--In the preparation and 
        implementation of the plan under this subsection, the President 
        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 (b) 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 or deportability of an 
                alien to the United States, except as otherwise 
                authorized under Federal law;
                    (C) to ensure the accuracy, security, and 
                confidentiality of such information;
                    (D) to protect any privacy rights of individuals 
                who are subjects of such information;
                    (E) to provide data integrity through the timely 
                removal and destruction of obsolete or erroneous names 
                and information; and
                    (F) in a manner that protects the sources and 
                methods 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)).
            (4) Criminal penalties for misuse of information.--Any 
        person who obtains information under this subsection without 
        authorization or exceeding authorized access (as defined in 
        section 1030(e) of title 18, United States Code), and who uses 
        such information in the manner described in any of the 
        paragraphs (1) through (7) of section 1030(a) of such title, or 
        attempts to use such information in such manner, shall be 
        subject to the same penalties as are applicable under section 
        1030(c) of such title for violation of that paragraph.
            (5) Advancing deadlines for a technology standard and 
        report.--Section 403(c) of the USA PATRIOT Act is amended--
                    (A) in paragraph (1), by striking ``2 years'' and 
                inserting ``one year''; and
                    (B) in paragraph (4), by striking ``18 months'' and 
                inserting ``six months''.

SEC. 202. INTEROPERABLE LAW ENFORCEMENT AND INTELLIGENCE DATA SYSTEM 
              WITH NAME-MATCHING CAPACITY AND TRAINING.

    (a) Interoperable Law Enforcement and Intelligence Electronic Data 
System.--
            (1) Requirement for integrated immigration and 
        naturalization data system.--The Immigration and Naturalization 
        Service shall fully integrate all databases and data systems 
        maintained by the Service that process or contain information 
on aliens. The fully integrated data system shall be an interoperable 
component of the electronic data system described in paragraph (2).
            (2) Requirement for interoperable data system.--Upon the 
        date of commencement of implementation of the plan required by 
        section 201(c), the President shall develop and implement an 
        interoperable electronic data system to provide current and 
        immediate access to information in databases of Federal law 
        enforcement agencies and the intelligence community that is 
        relevant to determine whether to issue a visa or to determine 
        the admissibility or deportability of an alien.
            (3) Consultation requirement.--In the development and 
        implementation of the data system under this subsection, the 
        President shall consult with the Director of the National 
        Institute of Standards and Technology (NIST) and any such other 
        agency as may be deemed appropriate.
            (4) Technology standard.--
                    (A) In general.--The data system developed and 
                implemented under this subsection, and the databases 
                referred to in paragraph (2), shall utilize the 
                technology standard established pursuant to section 
                403(c) of the USA PATRIOT Act, as amended by section 
                201(c)(5) and subparagraph (B).
                    (B) Conforming amendment.--Section 403(c) of the 
                USA PATRIOT Act, as amended by section 201(c)(5), is 
                further amended--
                            (i) in paragraph (1), by inserting ``, 
                        including appropriate biometric identifier 
                        standards,'' after ``technology standard''; and
                            (ii) in paragraph (2) --
                                    (I) by striking ``Integrated'' and 
                                inserting ``Interoperable''; and
                                    (II) by striking ``integrated'' and 
                                inserting ``interoperable''.
            (5) Access to information in data system.--Subject to 
        paragraph (6), information in the data system under this 
        subsection shall be readily and easily accessible--
                    (A) to any consular officer responsible for the 
                issuance of visas;
                    (B) to any Federal official responsible for 
                determining an alien's admissibility to or 
                deportability from the United States; and
                    (C) to any Federal law enforcement or intelligence 
                officer determined by regulation to be responsible for 
                the investigation or identification of aliens.
            (6) Limitation on access.--The President shall, in 
        accordance with applicable Federal laws, establish procedures 
        to restrict access to intelligence information in the data 
        system under this subsection, and the databases referred to in 
        paragraph (2), under circumstances in which such information is 
        not to be disclosed directly to Government officials under 
        paragraph (5).
    (b) Name-Search Capacity and Support.--
            (1) In general.--The interoperable electronic data system 
        required by subsection (a) shall--
                    (A) have the capacity to compensate for disparate 
                name formats among the different databases referred to 
                in subsection (a);
                    (B) be searchable on a linguistically sensitive 
                basis;
                    (C) provide adequate user support;
                    (D) to the extent practicable, utilize commercially 
                available technology; and
                    (E) be adjusted and improved, based upon experience 
                with the databases and improvements in the underlying 
                technologies and sciences, on a continuing basis.
            (2) Linguistically sensitive searches.--
                    (A) In general.--To satisfy the requirement of 
                paragraph (1)(B), the interoperable electronic database 
                shall be searchable based on linguistically sensitive 
                algorithms that--
                            (i) account for variations in name formats 
                        and transliterations, including varied 
                        spellings and varied separation or combination 
                        of name elements, within a particular language; 
                        and
                            (ii) incorporate advanced linguistic, 
                        mathematical, statistical, and anthropological 
                        research and methods.
                    (B) Languages required.--
                            (i) Priority languages.--Linguistically 
                        sensitive algorithms shall be developed and 
                        implemented for no fewer than 4 languages 
                        designated as high priorities by the Secretary 
                        of State, after consultation with the Attorney 
                        General and the Director of Central 
                        Intelligence.
                            (ii) Implementation schedule.--Of the 4 
                        linguistically sensitive algorithms required to 
                        be developed and implemented under clause (i)--
                                    (I) the highest priority language 
                                algorithms shall be implemented within 
                                18 months after the date of enactment 
                                of this Act; and
                                    (II) an additional language 
                                algorithm shall be implemented each 
                                succeeding year for the next three 
                                years.
            (3) Adequate user support.--The Secretary of State and the 
        Attorney General shall jointly prescribe procedures to ensure 
        that consular and immigration officers can, as required, obtain 
        assistance in resolving identity and other questions that may 
        arise about names of aliens seeking visas or admission to the 
        United States that may be subject to variations in format, 
        transliteration, or other similar phenomenon.
            (4) Interim reports.--Six months after the date of 
        enactment of this Act, the President shall submit a report to 
        the appropriate committees of Congress on the progress in 
        implementing each requirement of this section.
            (5) Reports by intelligence agencies.--
                    (A) Current standards.--Not later than 60 days 
                after the date of enactment of this Act, the Director 
                of Central Intelligence shall complete the survey and 
                issue the report previously required by section 309(a) 
                of the Intelligence Authorization Act for Fiscal Year 
                1998 (50 U.S.C. 403-3 note).
                    (B) Guidelines.--Not later than 120 days after the 
                date of enactment of this Act, the Director of 
                Intelligence shall issue the guidelines and submit the 
                copy of those guidelines previously required by section 
                309(b) of the Intelligence Authorization Act for Fiscal 
                Year 1998 (50 U.S.C. 403-3 note).
            (6) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as are necessary to carry out the 
        provisions of this subsection.

SEC. 203. COMMISSION ON INTEROPERABLE DATA SHARING.

    (a) Establishment.--Not later than one year after the date of 
enactment of the USA PATRIOT Act, the President shall establish a 
Commission on Interoperable Data Sharing (in this section referred to 
as the ``Commission''). The purposes of the Commission shall be to--
            (1) monitor the protections described in section 201(c)(3);
            (2) provide oversight of the interoperable electronic data 
        system described in this title; and
            (3) report to Congress annually on the Commission's 
        findings and recommendations.
    (b) Composition.--The Commission shall consist of nine members, who 
shall be appointed by the President, as follows:
            (1) One member, who shall serve as Chair of the Commission.
            (2) Eight members, who shall be appointed from a list of 
        nominees jointly provided by the Speaker of the House of 
        Representatives, the Minority Leader of the House of 
        Representatives, the Majority Leader of the Senate, and the 
        Minority Leader of the Senate.
    (c) Considerations.--The Commission shall consider recommendations 
regarding the following issues:
            (1) Adequate protection of privacy concerns inherent in the 
        design, implementation, or operation of the interoperable 
        electronic data system.
            (2) Timely adoption of security innovations, consistent 
        with generally accepted security standards, to protect the 
        integrity and confidentiality of information to prevent against 
        the risks of accidental or unauthorized loss, access, 
        destruction, use modification, or disclosure of information.
            (3) The adequacy of mechanisms to permit the timely 
        correction of errors in data maintained by the interoperable 
        data system.
            (4) Other protections against unauthorized use of data to 
        guard against the misuse of the interoperable data system or 
        the data maintained by the system, including recommendations 
        for modifications to existing laws and regulations to sanction 
        misuse of the system.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commission such sums as may be necessary to carry 
out this section.

                        TITLE III--VISA ISSUANCE

SEC. 301. ELECTRONIC PROVISION OF VISA FILES.

    Section 221(a) of the Immigration and Nationality Act (8 U.S.C. 
1201(a)) is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
            (2) by inserting ``(1)'' immediately after ``(a)''; and
            (3) by adding at the end the following:
    ``(2) The Secretary of State shall provide to the Service an 
electronic version of the visa file of an alien who has been issued a 
visa 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. 302. IMPLEMENTATION OF AN INTEGRATED ENTRY AND EXIT DATA SYSTEM.

    (a) Development of System.--In developing the integrated entry and 
exit data system for the ports of entry, as required by the Immigration 
and Naturalization Service Data Management Improvement Act of 2000 
(Public Law 106-215), the Attorney General and the Secretary of State 
shall--
            (1) implement, fund, and use a technology standard under 
        section 403(c) of the USA PATRIOT Act (as amended by sections 
        201(c)(5) and 202(a)(3)(B)) at United States ports of entry and 
        at consular posts abroad;
            (2) establish a database containing the arrival and 
        departure data from machine-readable visas, passports, arrival-
        departure records, and other travel documents possessed by 
        aliens; and
            (3) make interoperable all security databases relevant to 
        making determinations of admissibility under section 212 of the 
        Immigration and Nationality Act (8 U.S.C. 1182).
    (b) Implementation.--In implementing the provisions of subsection 
(a), the Immigration and Naturalization Service and the Department of 
State shall--
            (1) utilize technologies that facilitate the lawful and 
        efficient cross-border movement of commerce and persons without 
        compromising the safety and security of the United States; and
            (2) consider implementing the North American National 
        Security Program described in section 401.

SEC. 303. MACHINE-READABLE, TAMPER-RESISTANT ENTRY AND EXIT DOCUMENTS.

    (a) Report.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Attorney General, the Secretary of 
        State, and the National Institute of Standards and Technology 
        (NIST), acting jointly, shall submit to the appropriate 
        committees of Congress a comprehensive report assessing the 
        actions that will be necessary, and the considerations to be 
        taken into account, to achieve fully, not later than October 
        26, 2003--
                    (A) implementation of the requirements of 
                subsections (b) and (c); and
                    (B) deployment of the equipment and software to 
                allow biometric comparison of the documents described 
                in subsections (b) and (c).
            (2) Estimates.--In addition to the assessment required by 
        paragraph (1), each report shall include an estimate of the 
        costs to be incurred, and the personnel, man-hours, and other 
        support required, by the Department of Justice, the Department 
        of State, and NIST to achieve the objectives of subparagraphs 
        (A) and (B) of paragraph (1).
    (b) Requirements.--
            (1) In general.--Not later than October 26, 2003, the 
        Attorney General and the Secretary of State shall issue to 
        aliens only machine-readable, tamper-resistant visas and travel 
        and entry documents that use standardized biometric 
        identifiers. The Attorney General and the Secretary of State 
        shall jointly establish biometric identifiers standards to be 
        employed on such visas and travel and entry documents from 
        among those biometric identifiers recognized by domestic and 
        international standards organizations.
            (2) Readers and scanners at ports of entry.--
                    (A) In general.--Not later than October 26, 2003, 
                the Attorney General, in consultation with the 
                Secretary of State, shall install at all ports of entry 
                of the United States equipment and software to allow 
                biometric comparison of all United States visas and 
                travel and entry documents issued to aliens, and 
                passports issued pursuant to subsection (c)(1).
                    (B) Use of readers and scanners.--The Attorney 
                General, in consultation with the Secretary of State, 
                shall utilize biometric data readers and scanners 
                that--
                            (i) domestic and international standards 
                        organizations determine to be highly accurate 
                        when used to verify identity; and
                            (ii) can read the biometric identifiers 
                        utilized under subsections (b)(1) and (c)(1).
            (3) Use of technology standard.--The systems employed to 
        implement paragraphs (1) and (2) shall utilize the technology 
        standard established pursuant to section 403(c) of the USA 
        PATRIOT Act, as amended by section 201(c)(5) and 202(a)(3)(B).
    (c) Technology Standard for Visa Waiver Participants.--
            (1) Certification requirement.--Not later than October 26, 
        2003, the government of each country that is designated to 
        participate in the visa waiver program established under 
        section 217 of the Immigration and Nationality Act shall 
        certify, as a condition for designation or continuation of that 
        designation, that it has a program to issue to its nationals 
        machine-readable passports that are tamper-resistant and 
        incorporate biometric identifiers that comply with applicable 
        biometric identifiers standards established by the 
        International Civil Aviation Organization. This paragraph shall 
        not be construed to rescind the requirement of section 
        217(a)(3) of the Immigration and Nationality Act.
            (2) Use of technology standard.--On and after October 26, 
        2003, any alien applying for admission under the visa waiver 
        program shall present a passport that meets the requirements of 
        paragraph (1) unless the alien's passport was issued prior to 
        that date.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section, 
including reimbursement to international and domestic standards 
organizations.

SEC. 304. TERRORIST LOOKOUT COMMITTEES.

    (a) Establishment.--The Secretary of State shall require a 
terrorist lookout committee to be maintained within each United States 
mission.
    (b) Purpose.--The purpose of each committee established under 
subsection (a) shall be--
            (1) to utilize the cooperative resources of all elements of 
        the United States mission in the country in which the consular 
        post is located to identify known or potential terrorists and 
        to develop information on those individuals;
            (2) to ensure that such information is routinely and 
        consistently brought to the attention of appropriate United 
        States officials for use in administering the immigration laws 
        of the United States; and
            (3) to ensure that the names of known and suspected 
        terrorists are entered into the appropriate lookout databases.
    (c) Composition; Chair.--The Secretary shall establish rules 
governing the composition of such committees.
    (d) Meetings.--The committee shall meet at least monthly to share 
information pertaining to the committee's purpose as described in 
subsection (b)(2).
    (e) Periodic Reports.--The committee shall submit quarterly reports 
to the Secretary of State describing the committee's activities, 
whether or not information on known or suspected terrorists was 
developed during the quarter.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to implement this section.

SEC. 305. IMPROVED TRAINING FOR CONSULAR OFFICERS.

    (a) Training.--The Secretary of State shall require that all 
consular officers responsible for adjudicating visa applications, 
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. 
Such 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 sharing terrorists and terrorism, and 
cultural-sensitivity toward visa applicants.
    (b) Use of Foreign Intelligence Information.--As an ongoing 
component of the training required in subsection (a), the Secretary of 
State shall coordinate with the Assistant to the President for Homeland 
Security, Federal law enforcement agencies, and the intelligence 
community 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.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to implement this section.

SEC. 306. RESTRICTION ON ISSUANCE OF VISAS TO NONIMMIGRANTS FROM 
              COUNTRIES THAT ARE STATE SPONSORS OF INTERNATIONAL 
              TERRORISM.

    (a) In General.--No nonimmigrant visa under section 101(a)(15) of 
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) shall be 
issued to any alien from a country that is a state sponsor of 
international terrorism unless the Secretary of State determines, in 
consultation with the Attorney General and the heads of other 
appropriate United States agencies, that such alien does not pose a 
threat to the safety or national security of the United States. In 
making a determination under this subsection, the Secretary of State 
shall apply standards developed by the Secretary of State, in 
consultation with the Attorney General and the heads of other 
appropriate United States agencies, that are applicable to the 
nationals of such states.
    (b) State Sponsor of International Terrorism Defined.--
            (1) In general.--In this section, the term ``state sponsor 
        of international terrorism'' means any country the government 
        of which has been determined by the Secretary of State under 
        any of the laws specified in paragraph (2) to have repeatedly 
        provided support for acts of international terrorism.
            (2) Laws under which determinations were made.--The laws 
        specified in this paragraph are the following:
                    (A) Section 6(j)(1)(A) of the Export Administration 
                Act of 1979 (or successor statute).
                    (B) Section 40(d) of the Arms Export Control Act.
                    (C) Section 620A(a) of the Foreign Assistance Act 
                of 1961.

SEC. 307. DESIGNATION OF PROGRAM COUNTRIES UNDER THE VISA WAIVER 
              PROGRAM.

    (a) Reporting Passport Thefts.--As a condition of a country's 
initial designation or continued designation for participation in the 
visa waiver program under section 217 of the Immigration and 
Nationality Act (8 U.S.C. 1187), the Attorney General and the Secretary 
of State shall consider whether the country reports to the United 
States Government on a timely basis the theft of blank passports issued 
by that country.
    (b) Check of Lookout Databases.--Prior to the admission of an alien 
under the visa waiver program established under section 217 of the 
Immigration and Nationality Act (8 U.S.C. 1187), the Immigration and 
Naturalization Service shall determine that the applicant for admission 
does not appear in any of the appropriate lookout databases available 
to immigration inspectors at the time the alien seeks admission to the 
United States.

SEC. 308. TRACKING SYSTEM FOR STOLEN PASSPORTS.

    (a) Entering Stolen Passport Identification Numbers in the 
Interoperable Data System.--
            (1) In general.--Beginning with implementation under 
        section 202 of the law enforcement and intelligence data 
        system, not later than 72 hours after receiving notification of 
        the loss or theft of a United States or foreign passport, the 
        Attorney General and the Secretary of State, as appropriate, 
        shall enter into such system the corresponding identification 
        number for the lost or stolen passport.
            (2) Entry of information on previously lost or stolen 
        passports.--To the extent practicable, the Attorney General, in 
        consultation with the Secretary of State, shall enter into such 
        system the corresponding identification numbers for the United 
        States and foreign passports lost or stolen prior to the 
        implementation of such system.
    (b) Transition Period.--Until such time as the law enforcement and 
intelligence data system described in section 202 is fully implemented, 
the Attorney General shall enter the data described in subsection (a) 
into an existing data system being used to determine the admissibility 
or deportability of aliens.

SEC. 309. IDENTIFICATION DOCUMENTS FOR CERTAIN NEWLY ADMITTED ALIENS.

    Not later than 180 days after the date of enactment of this Act, 
the Attorney General shall ensure that, immediately upon the arrival in 
the United States of an individual admitted under section 207 of the 
Immigration and Nationality Act (8 U.S.C. 1157), or immediately upon an 
alien being granted asylum under section 208 of such Act (8 U.S.C. 
1158), the alien will be issued an employment authorization document. 
Such document shall, at a minimum, contain the fingerprint and 
photograph of such alien.

              TITLE IV--ADMISSION AND INSPECTION OF ALIENS

SEC. 401. STUDY OF THE FEASIBILITY OF A NORTH AMERICAN NATIONAL 
              SECURITY PROGRAM.

    (a) In General.--The President shall conduct a study of the 
feasibility of establishing a North American National Security Program 
to enhance the mutual security and safety of the United States, Canada, 
and Mexico.
    (b) Study Elements.--In conducting the study required by subsection 
(a), the officials specified in subsection (a) shall consider the 
following:
            (1) Preclearance.--The feasibility of establishing 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 travelers are 
        admissible to the United States under section 212 of the 
        Immigration and Nationality Act (8 U.S.C. 1182). 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.
            (2) Preinspection.--The feasibility of expanding 
        preinspection facilities at foreign airports as described in 
        section 235A of the Immigration and Nationality Act (8 U.S.C. 
        1225). Consideration shall be given to the feasibility of 
        expanding preinspections to foreign nationals on air flights 
        destined for Canada and Mexico, and the cross training and 
        funding of inspectors from Canada and Mexico.
            (3) Conditions.--A determination of the measures necessary 
        to ensure that the conditions required by section 235A(a)(5) of 
        the Immigration and Nationality Act (8 U.S.C. 1225a(a)(5)) are 
        satisfied, including consultation with experts recognized for 
        their expertise regarding the conditions required by that 
        section.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the President shall submit to the appropriate committees of 
Congress a report setting forth the findings of the study conducted 
under subsection (a).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 402. PASSENGER MANIFESTS.

    (a) In General.--Section 231 of the Immigration and Nationality Act 
(8 U.S.C. 1221(a)) is amended--
            (1) by striking subsections (a), (b), (d), and (e);
            (2) by redesignating subsection (c) as subsection (i); and
            (3) by inserting after ``Sec. 231.'' the following new 
        subsections: ``(a) Arrival Manifests.--For each commercial 
        vessel or aircraft transporting any person to any seaport or 
        airport of the United States from any place outside the United 
        States, it shall be the duty of an appropriate official 
        specified in subsection (d) to provide to an immigration 
        officer at that port manifest information about each passenger, 
        crew member, and other occupant transported on such vessel or 
        aircraft prior to arrival at that port.
    ``(b) Departure Manifests.--For each commercial vessel or aircraft 
taking passengers on board at any seaport or airport of the United 
States, who are destined to any place outside the United States, it 
shall be the duty of an appropriate official specified in subsection 
(d) to provide an immigration officer before departure from such port 
manifest information about each passenger, crew member, and other 
occupant to be transported.
    ``(c) Contents of Manifest.--The information to be provided with 
respect to each person listed on a manifest required to be provided 
under subsection (a) or (b) shall 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;
            ``(9) United States address while in the United States; and
            ``(10) such other information the Attorney General, in 
        consultation with the Secretary of State, and the Secretary of 
        Treasury determines as being necessary for the identification 
        of the persons transported and for the enforcement of the 
        immigration laws and to protect safety and national security.
    ``(d) Appropriate Officials Specified.--An appropriate official 
specified in this subsection is the master or commanding officer, or 
authorized agent, owner, or consignee, of the commercial vessel or 
aircraft concerned.
    ``(e) Deadline for Requirement of Electronic Transmission of 
Manifest Information.--Not later than January 1, 2003, manifest 
information required to be provided under subsection (a) or (b) shall 
be transmitted electronically by the appropriate official specified in 
subsection (d) to an immigration officer.
    ``(f) Prohibition.--No operator of any private or public carrier 
that is under a duty to provide manifest information under this section 
shall be granted clearance papers until the appropriate official 
specified in subsection (d) has complied with the requirements of this 
subsection, except that in the case of commercial vessels, aircraft, or 
land carriers that the Attorney General determines are making regular 
trips to the United States, the Attorney General may, when expedient, 
arrange for the provision of manifest information of persons departing 
the United States at a later date.
    ``(g) Penalties Against Noncomplying Shipments, Aircraft, or 
Carriers.--If it shall appear to the satisfaction of the Attorney 
General that an appropriate official specified in subsection (d), any 
public or private carrier, or the agent of any transportation line, as 
the case may be, has refused or failed to provide manifest information 
required by subsection (a) or (b), or that the manifest information 
provided is not accurate and full based on information provided to the 
carrier, such official, carrier, or agent, as the case may be, shall 
pay to the Commissioner the sum of $300 for each person with respect to 
whom such accurate and full manifest information is not provided, or 
with respect to whom the manifest information is not prepared as 
prescribed by this section or by regulations issued pursuant thereto. 
No commercial vessel, aircraft, or land carrier shall be granted 
clearance pending determination of the question of the liability to the 
payment of such penalty, or while it remains unpaid, and no such 
penalty shall be remitted or refunded, except that clearance may be 
granted prior to the determination of such question upon the deposit 
with the Commissioner of a bond or undertaking approved by the Attorney 
General or a sum sufficient to cover such penalty.
    ``(h) Waiver.--The Attorney General may waive the requirements of 
subsection (a) or (b) upon such circumstances and conditions as the 
Attorney General may by regulation prescribe.''.
    (b) Extension to Land Carriers.--Not later than two years after the 
date of enactment of this Act, the President shall conduct a study 
regarding the feasibility of extending the requirements of subsections 
(a) and (b) of section 231 of the Immigration and Nationality Act (8 
U.S.C. 1221), as amended by subsection (a), to any commercial carrier 
transporting persons by land to or from the United States. The study 
shall focus on the manner in which such requirement would be 
implemented to enhance the national security of the United States and 
the efficient cross-border flow of commerce and persons.
    (c) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to persons arriving in, or departing from, the 
United States on or after the date of enactment of this Act.

SEC. 403. PREARRIVAL MESSAGES FROM OTHER VESSELS DESTINED TO UNITED 
              STATES PORTS.

    (a) In General.--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 provide any 
        information that the Secretary determines is necessary for 
        control of the vessel and the safety and security of the port, 
        waterways, facilities, vessels, and marine environment, 
        including--
                    ``(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 on board 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 
        this paragraph.''.
    (b) Inapplicability of Freedom of Information Act.--Section 4 of 
the Ports and Waterways Safety Act (33 U.S.C. 1223), as amended by 
subsection (a), is further amended by adding at the end the following 
new subsection:
    ``(e) Information Not Subject to Freedom of Information Act.--
Section 552 of title 5, United States Code, does not apply to any 
information submitted under subsection (a)(5)(A).''.
    (c) Relation to the Prearrival Message Requirement.--Section 5 of 
the Ports and Waterways Safety Act (33 U.S.C. 1224) is amended by 
adding at the end the following new subsection:
    ``(c) Nothing in this section shall be construed to limit the 
Secretary's authority to require information under section 4(a)(5) of 
this Act before a vessel's arrival in a port or place that is subject 
to the jurisdiction of the United States.''.

SEC. 404. SAFETY AND SECURITY OF PORTS AND WATERWAYS.

    The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) is 
amended--
            (1) in section 2(a) (33 U.S.C. 1221(a)), by striking 
        ``safety and protection of the marine environment'' and 
        inserting ``safety, protection of the marine environment, and 
        safety and security of United States ports and waterways''; and
            (2) in section 5(a) (33 U.S.C. 1224(a)), by striking 
        ``safety and protection of the marine environment,'' and 
        inserting ``safety, protection of the marine environment, and 
        safety and security of United States ports and waterways,''.

SEC. 405. TIME PERIOD FOR INSPECTIONS.

    (a) 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,''.
    (b) Staffing Levels at Ports of Entry.--The Immigration and 
Naturalization Service shall staff ports of entry at such levels that 
would be adequate to meet traffic flow and inspection time objectives 
efficiently without compromising the safety and security of the United 
States. Estimated staffing levels under workforce models for the 
Immigration and Naturalization Service shall be based on the goal of 
providing immigration services described in section 286(g) of such Act 
within 45 minutes of a passenger's presentation for inspection.

            TITLE V--FOREIGN STUDENTS AND EXCHANGE VISITORS

SEC. 501. FOREIGN STUDENT MONITORING PROGRAM.

    (a) Strengthening Requirements for Implementation of Monitoring 
Program.--
            (1) Monitoring and verification of information.--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 sponsor 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 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 30 days after 
        the deadline for registering for classes for 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.''.
            (2) Additional requirements for data to be collected.--
        Section 641(c)(1) of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(c)(1)) is 
        amended--
                    (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:
                    ``(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;
                    ``(G) the degree program, if applicable, and field 
                of study; and
                    ``(H) 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).''.
            (3) Reporting requirements.--Section 641(c) of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996 (8 
        U.S.C. 1372(c)) is amended by adding at the end the following 
        new paragraph:
            ``(5) Reporting requirements.--The Attorney General shall 
        prescribe by regulation reporting requirements by taking into 
        account the curriculum calendar of the approved institution of 
        higher education, other approved educational institution, or 
        exchange visitor program.''.
    (b) Information Required of the Visa Applicant.--Prior to the 
issuance of a visa under subparagraph (F), subparagraph (M), or, with 
respect to an alien seeking to attend an approved institution of higher 
education, subparagraph (J) of section 101(a)(15) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)), each alien applying for 
such visa shall provide to a consular officer the following 
information:
            (1) The alien's address in the country of origin.
            (2) The names and addresses of the alien's spouse, 
        children, parents, and siblings.
            (3) The names of contacts of the alien in the alien's 
        country of residence who could verify information about the 
        alien.
            (4) Previous work history, if any, including the names and 
        addresses of employers.
    (c) Transitional Program.--
            (1) In general.--Not later than 120 days after the date of 
        enactment of this Act and until such time as the system 
        described in section 641 of the Illegal Immigration Reform and 
        Immigrant Responsibility Act (as amended by subsection (a)) is 
        fully implemented, the following requirements shall apply:
                    (A) Restrictions on issuance of visas.--A visa may 
                not be issued to an alien under subparagraph (F), 
                subparagraph (M), or, with respect to an alien seeking 
                to attend an approved institution of higher education, 
                subparagraph (J) of section 101(a)(15) of the 
                Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), 
                unless--
                            (i) the Department of State has received 
                        from an approved institution of higher 
                        education or other approved educational 
                        institution electronic evidence of 
                        documentation of the alien's acceptance at that 
                        institution; and
                            (ii) the consular officer has adequately 
                        reviewed the applicant's visa record.
                    (B) Notification upon visa issuance.--Upon the 
                issuance of a visa under section 101(a)(15) (F) or (M) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(15)(F) or (M)) to an alien, the Secretary of 
                State shall transmit to the Immigration and 
                Naturalization Service a notification of the issuance 
                of that visa.
                    (C) Notification upon admission of alien.--The 
                Immigration and Naturalization Service shall notify the 
                approved institution of higher education or other 
                approved educational institution that an alien accepted 
                for such institution or program has been admitted to 
                the United States.
                    (D) Notification of failure of enrollment.--Not 
                later than 30 days after the deadline for registering 
                for classes for an academic term, the approved 
                institution of higher education or other approved 
                educational institution shall inform the Immigration 
                and Naturalization Service through data-sharing 
                arrangements of any failure of any alien described in 
                subparagraph (C) to enroll or to commence 
                participation.
            (2) Requirement to submit list of approved institutions.--
        Not later than 30 days after the date of enactment of this Act, 
        the Attorney General shall provide the Secretary of State with 
        a list of all approved institutions of higher education or 
        other approved educational institutions that are authorized to 
        receive nonimmigrants under section 101(a)(15) (F) or (M) of 
        the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F) or 
        (M)).
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        this subsection.

SEC. 502. 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 
nonimmigrants under section 101(a)(15) (F), (M), or (J) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F), (M), or (J)). 
Each review shall determine whether the institutions are in compliance 
with--
            (1) recordkeeping and reporting requirements to receive 
        nonimmigrants under section 101(a)(15) (F), (M), or (J) of that 
        Act (8 U.S.C. 1101(a)(15)(F), (M), or (J)); 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 (8 U.S.C. 
        1101(a)(15)(J)).
            (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 (8 U.S.C. 
                1101(a)(15)(J)); 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 (8 U.S.C. 1101(a)(15) (F), (M), or 
(J)), 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 or the Secretary of 
State, result in the termination, suspension, or limitation 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.

                   TITLE VI--MISCELLANEOUS PROVISIONS

SEC. 601. EXTENSION OF DEADLINE FOR IMPROVEMENT IN BORDER CROSSING 
              IDENTIFICATION CARDS.

    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''.

SEC. 602. GENERAL ACCOUNTING OFFICE STUDY.

    (a) Requirement for Study.--
            (1) In general.--The Comptroller General of the United 
        States 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 a current address and, 
        where applicable, the name and address of an employer.
            (2) Nonimmigrant alien defined.--In paragraph (1), the term 
        ``nonimmigrant alien'' means an alien described in section 
        101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)).
    (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. 603. INTERNATIONAL COOPERATION.

    (a) International Electronic Data System.--The Secretary of State 
and the Commissioner of Immigration and Naturalization, in consultation 
with the Assistant to the President for Homeland Security, shall 
jointly conduct a study of the alternative approaches (including the 
costs of, and procedures necessary for, each alternative approach) for 
encouraging or requiring Canada, Mexico, and countries treated as visa 
waiver program countries under section 217 of the Immigration and 
Nationality Act to develop an intergovernmental network of 
interoperable electronic data systems that--
            (1) facilitates real-time access to that country's law 
        enforcement and intelligence information that is needed by the 
        Department of State and the Immigration and Naturalization 
        Service to screen visa applicants and applicants for admission 
        into the United States to identify aliens who are inadmissible 
        or deportable under the Immigration and Nationality Act (8 
        U.S.C. 1101 et seq.);
            (2) is interoperable with the electronic data system 
        implemented under section 202; and
            (3) performs in accordance with implementation of the 
        technology standard referred to in section 202(a).
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of State and the Attorney General shall submit 
to the appropriate committees of Congress a report setting forth the 
findings of the study conducted under subsection (a).

SEC. 604. STATUTORY CONSTRUCTION.

    Nothing in this Act shall be construed to impose requirements that 
are inconsistent with the North American Free Trade Agreement or to 
require additional documents for aliens for whom documentary 
requirements are waived under section 212(d)(4)(B) of the Immigration 
and Nationality Act (8 U.S.C. 1182(d)(4)(B)).

SEC. 605. ANNUAL REPORT ON ALIENS WHO FAIL TO APPEAR AFTER RELEASE ON 
              OWN RECOGNIZANCE.

    (a) Requirement for Report.--Not later than January 15 of each 
year, the Attorney General shall submit to the appropriate committees 
of Congress a report on the number of aliens who, during the preceding 
year, failed to attend a removal hearing after having been arrested 
outside a port of entry, served a notice to appear for the hearing, and 
released on the alien's own recognizance. The report shall also take 
into account the number of cases in which there were defects in notices 
of hearing or the service of notices of hearing, together with a 
description and analysis of the effects, if any, that the defects had 
on the attendance of aliens at the hearings.
    (b) Initial Report.--Notwithstanding the time for submission of the 
annual report provided in subsection (a), the report for 2001 shall be 
submitted not later than 6 months after the date of enactment of this 
Act.

SEC. 606. RETENTION OF NONIMMIGRANT VISA APPLICATIONS BY THE DEPARTMENT 
              OF STATE.

    The Department of State shall retain, for a period of seven years 
from the date of application, every application for a nonimmigrant visa 
under section 101(a)(15) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)) in a form that will be admissible in the courts of 
the United States or in administrative proceeding, including removal 
proceedings under such Act, without regard to whether the application 
was approved or denied.
                                 <all>