[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3525 Enrolled Bill (ENR)]
H.R.3525
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
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 2002''.
(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.
Sec. 204. Personnel management authorities for positions involved in the
development and implementation of the interoperable electronic
data system (``Chimera system'').
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--INSPECTION AND ADMISSION OF ALIENS
Sec. 401. Study of the feasibility of a North American National Security
Program.
Sec. 402. Passenger manifests.
Sec. 403. Time period for inspections.
Sec. 404. Joint United States-Canada projects for alternative
inspections services.
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) Chimera system.--The term ``Chimera system'' means the
interoperable electronic data system required to be developed and
implemented by section 202(a)(2).
(4) 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.
(5) 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)).
(6) 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.
(7) 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 2003 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 2003 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) 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) 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 effective October 1,
2002--
(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.
(c) 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 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;
(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)).
(d) 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 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 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 section
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
``15 months''; and
(B) in paragraph (4), by striking ``18 months'' and
inserting ``one year''.
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 (also known as the ``Chimera system'').
(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 the 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 Central 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 section 202; 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 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.
SEC. 204. PERSONNEL MANAGEMENT AUTHORITIES FOR POSITIONS INVOLVED IN
THE DEVELOPMENT AND IMPLEMENTATION OF THE INTEROPERABLE
ELECTRONIC DATA SYSTEM (``CHIMERA SYSTEM'').
(a) In General.--Notwithstanding any other provision of law
relating to position classification or employee pay or performance, the
Attorney General may hire and fix the compensation of necessary
scientific, technical, engineering, and other analytical personnel for
the purpose of the development and implementation of the interoperable
electronic data system described in section 202(a)(2) (also known as
the ``Chimera system'').
(b) Limitation on Rate of Pay.--Except as otherwise provided by
law, no employee compensated under subsection (a) may be paid at a rate
in excess of the rate payable for a position at level III of the
Executive Schedule.
(c) Limitation on Total Calendar Year Payments.--Total payments to
employees under any system established under this section shall be
subject to the limitation on payments to employees under section 5307
of title 5, United States Code.
(d) Operating Plan.--Not later than 90 days after the date of
enactment of this Act, the Attorney General shall submit to the
Committee on Appropriations, the Committee on the Judiciary, the Select
Committee on Intelligence, and the Committee on Foreign Relations of
the Senate and the Committee on Appropriations, the Committee on the
Judiciary, the Permanent Select Committee on Intelligence, and the
Committee on International Relations of the House of Representatives an
operating plan--
(1) describing the Attorney General's intended use of the
authority under this section; and
(2) identifying any provisions of title 5, United States Code,
being waived for purposes of the development and implementation of
the Chimera system.
(e) Termination Date.--The authority of this section shall
terminate upon the implementation of the Chimera system.
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 each 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)(4)(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, and other travel and
entry 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, 2004--
(A) implementation of the requirements of subsections (b)
and (c); and
(B) deployment of the equipment and software to allow
biometric comparison and authentication of the documents
described in subsections (b) and (c).
(2) Estimates.--In addition to the assessment required by
paragraph (1), the report required by that paragraph 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, 2004, the Attorney
General and the Secretary of State shall issue to aliens only
machine-readable, tamper-resistant visas and other travel and entry
documents that use biometric identifiers. The Attorney General and
the Secretary of State shall jointly establish document
authentication standards and biometric identifiers standards to be
employed on such visas and other 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, 2004, 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 and
authentication of all United States visas and other 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;
(ii) can read the biometric identifiers utilized under
subsections (b)(1) and (c)(1); and
(iii) can authenticate the document presented to verify
identity.
(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)(4)(B).
(c) Technology Standard for Visa Waiver Participants.--
(1) Certification requirement.--Not later than October 26,
2004, 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 and
document authentication identifiers that comply with applicable
biometric and document identifying 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, 2004,
any alien applying for admission under the visa waiver program
under section 217 of the Immigration and Nationality Act 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 to a foreign country.
(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.--Each committee established under subsection (a)
shall meet at least monthly to share information pertaining to the
committee's purpose as described in subsection (b)(2).
(e) Periodic Reports to the Secretary of State.--Each committee
established under subsection (a) shall submit monthly reports to the
Secretary of State describing the committee's activities, whether or
not information on known or suspected terrorists was developed during
the month.
(f) Reports to Congress.--The Secretary of State shall submit a
report on a quarterly basis to the appropriate committees of Congress
on the status of the committees established under subsection (a).
(g) 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 regarding 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.--Section 217 of the Immigration and
Nationality Act (8 U.S.C. 1187) is amended--
(1) by adding at the end of subsection (c)(2) the following new
subparagraph:
``(D) Reporting passport thefts.--The government of the
country certifies that it reports to the United States
Government on a timely basis the theft of blank passports
issued by that country.''; and
(2) in subsection (c)(5)(A)(i), by striking ``5 years'' and
inserting ``2 years''; and
(3) by adding at the end of subsection (f) the following new
paragraph:
``(5) Failure to report passport thefts.--If the Attorney
General and the Secretary of State jointly determine that the
program country is not reporting the theft of blank passports, as
required by subsection (c)(2)(D), the Attorney General shall
terminate the designation of the country as a program 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--INSPECTION AND ADMISSION 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 President 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 (j); and
(3) by striking ``Sec. 231.'' and inserting the following:
``Sec. 231. (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 any United States border officer (as defined in subsection (i)) 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 any United States border officer (as defined in
subsection (i)) 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 or aircraft
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 $1,000 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 or aircraft 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.
``(i) United States Border Officer Defined.--In this section, the
term `United States border officer' means, with respect to a particular
port of entry into the United States, any United States official who is
performing duties at that port of entry.''.
(b) Extension to Land Carriers.--
(1) Study.--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.
(2) Report.--Not later than two years after the date of
enactment of this Act, the President shall submit to Congress a
report setting forth the findings of the study conducted under
paragraph (1).
(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. 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.
SEC. 404. JOINT UNITED STATES-CANADA PROJECTS FOR ALTERNATIVE
INSPECTIONS SERVICES.
(a) In General.--United States border inspections agencies,
including the Immigration and Naturalization Service, acting jointly
and under an agreement of cooperation with the Government of Canada,
may conduct joint United States-Canada inspections projects on the
international border between the two countries. Each such project may
provide alternative inspections services and shall undertake to
harmonize the criteria for inspections applied by the two countries in
implementing those projects.
(b) Annual report.--The Attorney General and the Secretary of the
Treasury shall prepare and submit annually to Congress a report on the
joint United States-Canada inspections projects conducted under
subsection (a).
(c) Exemption from Administrative Procedure Act and Paperwork
Reduction Act.--Subchapter II of chapter 5 of title 5, United States
Code (commonly referred to as the ``Administrative Procedure Act'') and
chapter 35 of title 44, United States Code (commonly referred to as the
``Paperwork Reduction Act'') shall not apply to fee setting for
services and other administrative requirements relating to projects
described in subsection (a), except that fees and forms established for
such projects shall be published as a notice in the Federal Register.
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 and 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.--Not later than two years after
the date of enactment of this Act, and every two years thereafter, the
Commissioner of Immigration and Naturalization, in consultation with
the Secretary of Education, shall conduct a review 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.--Not later than two years after
the date of enactment of this Act, and every two years thereafter,
the Secretary of State shall conduct a review 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 Material Failure To Comply.--Material 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), shall result in the
suspension for at least one year or termination, at the election of the
Commissioner of Immigration and Naturalization, of the institution's
approval to receive such students, or result in the suspension for at
least one year or termination, at the election of the Secretary of
State, 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 total number of aliens who, during the
preceding year, failed to attend a removal proceeding after having been
arrested outside a port of entry, served a notice to appear under
section 239(a)(1) of the Immigration and Nationality Act (8 U.S.C.
1229(a)(1)), 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 proceedings.
(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 proceedings, including removal
proceedings under such Act, without regard to whether the application
was approved or denied.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.