[Congressional Record Volume 147, Number 177 (Wednesday, December 19, 2001)]
[House]
[Pages H10465-H10476]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ENHANCED BORDER SECURITY AND VISA ENTRY REFORM ACT OF 2001
Mr. SENSENBRENNER. Madam Speaker, I move to suspend the rules and
pass the bill (H.R. 3525) to enhance the border security of the United
States, and for other purposes, as amended.
The Clerk read as follows:
H.R. 3525
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. 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.
[[Page H10466]]
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.
(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 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, 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.
[[Page H10467]]
(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
[[Page H10468]]
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, 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, 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 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 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.--
[[Page H10469]]
(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.''.
[[Page H10470]]
(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. 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
[[Page H10471]]
(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 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 proceeding, including removal proceedings
under such Act, without regard to whether the application was
approved or denied.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Wisconsin (Mr. Sensenbrenner) and the gentlewoman from Texas (Ms.
Jackson-Lee) each will control 20 minutes.
The Chair recognizes the gentleman from Wisconsin (Mr.
Sensenbrenner).
General Leave
Mr. SENSENBRENNER. Madam Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous material on H.R. 3525, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
Mr. SENSENBRENNER. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, since September 11, we have learned how deeply
vulnerable our immigration system is to exploitation by aliens who wish
to harm Americans. H.R. 3525 makes needed changes to our immigration
laws to fight terrorism and to prevent such exploitation.
I will outline some of the bill's most significant provisions. Most
importantly, by October 2003, this bill requires the Attorney General
and the Secretary of State to issue machine readable, tamper-resistant
visas that use standardized biometric identifiers. This will allow
immigration inspectors to determine whether a visa properly identifies
the visa holder.
Similarly, aliens seeking to enter the United States under the visa
waiver program with passports issued after October 2003 must possess
tamper-resistant, machine readable passports with standardized
biometric identifiers. The bill also requires the Attorney General to
enter into a data system the identification numbers of stolen U.S. and
foreign passports. Our military recently found blank European and
United States passports in the caves of Afghanistan after the al Qaeda
terrorists fled. We must ensure that passports and other documents
presented to our inspectors are not counterfeit and are being used by
the aliens to whom they were issued.
The bill directs our law enforcement agencies and intelligence
community to share information with the State Department and the INS
relevant to the admissibility and deportability of aliens. This will
result in lookout lists that are much more thorough and will do more to
prevent bad actors from obtaining U.S. visas or entering the United
States.
As the Border Patrol succeeds in controlling the border, more aliens
take a chance at ports of entry, placing a strain on the limited staff
of immigration service inspectors. Likewise, INS investigative resource
needs have long been neglected. This bill helps fill these critical
gaps. H.R. 3525 authorizes appropriation to hire at least 200 full-time
INS inspectors, and at least 200 full-time INS investigators.
Another long-standing problem at the INS is the low pay for Border
Patrol agents and INS inspectors. This has led many trained Border
Patrol agents and inspectors to leave the INS for other law enforcement
agencies offering better pay, such as the Air Marshals. Former Border
Patrol agents make up 75 percent of the first Air Marshals class. H.R.
3525 authorizes appropriations to increase the pay of Border Patrol
agents and inspectors in order to help the INS retain its best people.
The bill requires the Secretary of State to give special training to
all Consular officers in effective screening of visa applicants who
pose a potential threat to the safety or security of the United States.
The bill also requires a higher level of scrutiny of aliens from
countries that sponsor international terrorism before nonimmigrant
visas are issued. It requires Consular officers issuing visas to
provide the INS an electronic version of the alien's visa file to
ensure that the visa file data is available to immigration inspectors
at U.S. ports of entry before the arrival of the alien at the port.
The bill strengthens the foreign student tracking system by requiring
that
[[Page H10472]]
it track the acceptance of aliens by educational institutions, the
issuance of visas to aliens, the admission into the United States of
the aliens, the notification of education institution of the admission
of aliens slated to attend them, and the enrollment of aliens at the
institutions.
Finally, the bill requires the State Department to keep visa
applications, whether granted or denied, on file for 7 years, so that
the government can determine whether an alien sought a visa in the
past, what type of visa and whether the visa was granted or denied. The
bill fills many gaps in our current immigration law enforcement system.
We must put these essential tools into the hands of our law enforcement
agents.
I urge my colleagues to pass this legislation.
Let me publicly thank everybody who has worked on this bill,
particularly Senators Kennedy, Feinstein, Brownback and Kyl, the
gentleman from Michigan (Mr. Conyers), the gentlewoman from Texas (Ms.
Jackson-Lee), and the gentleman from Pennsylvania (Mr. Gekas), and the
staffs on both the Senate and House sides.
Let me also say that it is my regret that, because of jurisdictional
problems, we cannot deal with giving the Customs Service more personnel
to help them do their jobs at the border, and it is my hope that the
Committee on Ways and Means will promptly pass legislation to fill this
hole.
I also regret that we are not able to provide in this legislation a
requirement that manifests of arriving and departing airplanes and
vessels be filed with the immigration service so that visa numbers can
be matched, so the INS particularly, for arriving airplanes and
vessels, will be tipped off on who is on board them. It is my hope the
Committee on Transportation and Infrastructure will deal with this
issue promptly in other legislation.
Again, this is a good bill. It is a bill that is sorely needed. I
urge Members to support it.
Madam Speaker, I reserve the balance of my time.
Ms. JACKSON-LEE of Texas. Madam Speaker, I yield myself such time as
I may consume.
Madam Speaker, let me, first of all, thank the chairman of the
Committee on the Judiciary for his, again, persistence and
determination in working through this legislation and working with the
Senate. I might add my appreciation also to Senators Kennedy,
Brownback, Feinstein and Kyl, and as well our ranking member, the
gentleman from Michigan (Mr. Conyers) and the chairman of the
subcommittee, the gentleman from Pennsylvania (Mr. Gekas).
I can say to my colleagues that this legislation is long overdue. In
fact, many of these issues have been issues that we have discussed
dealing with redeveloping and refining the Nation's immigration
policies even preceding the horrific acts of September 11. Now that
that tragedy has occurred with the terrible loss of life of Americans,
it focuses us to ensure that we understand this is even more important.
But as I rise to support this legislation, let me be very clear and
be very cautious that it is important that we in this country separate
out legitimate and focused immigration policy from the concept of
ferreting out terrorists. I am glad that this legislation provides for
foreign consulates an opportunity to identify potential terrorists by
establishing terrorist lookout committees.
{time} 1745
I am very grateful for that. Because one of the problems that
generated out of September 11, the heinousness of the act, the ability
of terrorists coming into this country, many of them had legitimate
visas that they had received from our consulate offices overseas; and I
guess to add extra insult to injury, some of those individuals were now
illegal because they had overstayed their visas. That is an
improvement, and I believe that this legislation, the Enhanced Border
Security and Visa Entry Reform Act of 2001, is a plus to be able to add
to the improvement of that terrible tragedy, or to fix the terrible
tragedy by creating an opportunity for us to have a system where
individuals can be checked before they even receive a visa.
Madam Speaker, there is something even more important, if you will,
that is ongoing and that helps us establish an immigration policy, and
that is the improving of the resources and training and technology
available to our border personnel in a critical component of our
efforts to improve border security. That is something that we should
have been doing even preceding the horrible incident of September 11.
We have a very large Canadian border and, of course, a very large
southern border. We already have been working on the southern border,
and I must say that the numbers of Border Patrol agents have worked
very hard to balance their responsibilities with the enforcement
responsibilities. We have worked very hard to avoid racial profiling,
but we realize that we must give those who protect our borders the
resources.
This legislation waives a limitation on the hiring of full-time
personnel, giving greater control to decision-makers at the border and
increasing the number of border personnel.
It raises the pay of INS naturalization service border personnel and
provides Custom agents, Border Patrol, and INS inspectors with
essential training and cross-training. Funds are authorized to the
State Department to improve the screening of visa applicants and
strengthen the coordination of international intelligence information.
One of the failings that was discovered due to the tragedy on September
11, or out of the tragedy of September 11, was the inability or the
lack of the utilization of sharing intelligence or information between
agencies.
This bill focuses the agencies on the importance and the
responsibility and gives them the tools and says to them, you must
share intelligence, you must share information, you must help us thwart
the terrible devastation of terrorists coming into this country or
those coming here wanting to do harm.
Funds are also authorized to enhance technology available to the INS
and Customs Service to improve and expand technology and to facilitate
the flow of people and commerce at our ports of entry. To offset the
cost of such improvements, the Attorney General is authorized to
increase land border fees and the State Department is permitted to
raise fees from the use of machine-readable visas. I do know that some
aspects of the legislation have been deleted, and I hope that we will
be able to ensure that all aspects of this legislation that may have
been questioned as it relates to jurisdiction will get eventually
added.
In addition, the Attorney General is required to use authorized funds
for installing biometric data readers and scanners at U.S. ports of
entry. One of the difficulties at the southern border was that the
individuals coming across the Mexican borders have their biometric
cards, but we did not have the staff nor the readers of those cards;
and there was a great logjam of those individuals who were legally
trying to access the United States and were doing everything that they
should have done. We must not tolerate that, and improve the systems at
the border.
We must also improve coordination and information-sharing between the
State Department, the INS, law enforcement, and intelligence agencies.
Building on the progress made by the antiterrorism bill, this
legislation directs the President to devise and implement a
comprehensive report and plan to provide the access these agencies need
to safeguard our country against terrorism.
Further, this legislation requires the development of the
interoperable electronic data system with specific name recognition
capabilities to provide appropriate foreign service officers and
Federal agents with immediate access to relevant law enforcement and
intelligence database information.
We must also improve our ability to monitor foreign nationals who are
present in the United States. Consulate offices who issue visas will be
required to transmit electronic versions of visa files to the INS so
that critical information is available. A key failure on September 11,
individuals who had overstayed their visas, there was no way, or there
was not any attempt to track them and determine that they needed to be
removed from this country.
This legislation also gives greater direction to the integrated entry
and
[[Page H10473]]
exit system established in 1996 by IIRIRA, including use of specific
technology standards and technologies to facilitate across the border.
What this does, it provides the INS with state-of-the-art technology at
our borders. There has to be a better way and a better system and that
is to improve the technology of our particular needs at the border.
We are also working with our consulate offices in ensuring that there
is a relationship with the Secretary of State. Gaps still exist in the
monitoring of foreign students. Accordingly, this legislation expands
the monitoring program to include flight schools, language-training
programs, and vocational schools; and it improves the reporting
requirements on the INS as to the individuals going to these schools.
In addition, this legislation requires the INS, in consultation with
the Department of Education, to periodically review institutions
enrolling foreign students and receiving exchange visitors to ensure
that they adhere to the reporting and recordkeeping responsibilities.
What we have, Madam Speaker, is an opportunity to address the
failings of not only September 11, but we have the opportunities to
address the problems that we have had heretofore.
Let me also note that we are very gratified with the inclusion of
language from the legislation that the gentleman from Texas (Mr. Reyes)
and myself cosponsored that for all journeymen, border patrol agents,
and inspectors who have completed at least 1 year of service and are
receiving an annual rate of basic pay for positions GS-9 of the general
schedule under section 5332 will receive an annual increase in their
rate so that we can bind comparable and qualified individuals and
provide a career pattern.
Let me simply say in closing, Madam Speaker, that I too have a
disappointment in the comparing of the needs of developing a real
immigration policy with the needs of finding terrorists. I really think
that that is a reason why we were not able to bring 245(i) to the floor
of the House, a simple bill that would allow for the adjustment of
individuals who are here, who are accessing legalization in the right
manner. Can we imagine that we could not bring this bill to the floor
of the House to allow a simple adjustment so that these individuals
could be reunited with their families for the holiday. I am hoping that
we will come to our senses and realize that immigration is not
terrorism, that immigration is not lawlessness, that we are a country
of immigrants and, as well, laws, and we should find a way to pass
245(i) to reunite our families.
Madam Speaker, I reserve the balance of my time.
Mr. SENSENBRENNER. Madam Speaker, I yield 3 minutes to the gentleman
from Delaware (Mr. Castle).
Mr. CASTLE. Madam Speaker, I thank the gentleman for yielding me this
time.
I also rise in strong support of H.R. 3525, which does, indeed,
improve our visa system and better secure our borders; and I want to
thank the chairman and the House leadership for bringing this
legislation up to date to improve our systems for border security and
monitoring foreign visitors to the United States. This legislation, the
Enhanced Border Security Act of Visa Entry Reform Act of 2001, is a
sensible bill and a positive and urgently needed step toward securing
our borders and protecting Americans from potential terrorist attacks.
It has been widely reported that the ringleaders and other terrorists
involved in attacks on September 11 used expired or false visas to
enter our Nation to plan and conduct their terrible deeds. These facts
are the most damaging evidence of the ongoing problem that millions of
foreign visitors overstay their visas and we need a much better system
for enforcing the terms by which they enter and leave our country. An
estimated 40 percent of the 5 million to 8 million illegal immigrants
living in the United States last year were listed as overstays by the
INS, although the agency admits that 1991 is the last year for which it
could estimate the number of visa violators with any accuracy.
It is imperative that we make immediate changes in our ability to
document and track foreign visitors to the United States to thwart
future potential terrorist acts. This will require improved
documentation and computerized systems for tracking the millions of
foreign visitors who come to our Nation each year on a temporary basis
with tourist, student, or temporary work visas. In 1998 the INS
reported that 1 million foreign people came to the United States on a
temporary basis.
A fresh look at the visa processing program is immediately needed.
Six years ago, Congress directed the INS to gather the arrival and
departure data of most foreign visitors to make sure they do not remain
in the United States after the expiration of their authorized stays. A
recent review by the Department of Justice Inspector General found INS
officials mismanaged $31 million aimed at automating that system.
Earlier this fall, I introduced legislation, the Visa Integrity and
Security Act, or VISA Act, to strengthen our immigration system and to
improve the ability of the INS to track all temporary visa holders. A
number of the key provisions of that legislation were included in the
important antiterrorism PATRIOT Act passed earlier this fall.
However, there is much work to be done; and H.R. 3525 takes much
needed steps forward, such as implementing tamper-resistant visas using
biometric identifiers for all aliens entering the U.S.; creating an
electronic database to provide immediate access for U.S. officials to
ensure visa applicants do not pose a threat to the United States;
improving the system for tracking foreign student visas; and increasing
funds for INS and Customs inspectors, Border Patrol agents, and State
Department officers to perform these important screening duties.
Unfortunately, these dangerous times require us to better screen and
track foreign visitors to the United States to ensure they are here for
their stated purpose and only stay for the allotted time. Now is the
time to make sure that these sound steps are implemented to improve the
security of our country. We can still welcome and should welcome
foreign visitors and we are a nation of immigrants; but we have the
right and, indeed, the duty to know why they are in our Nation and if
they are in for the right reasons, and that we set the terms for their
stay.
For all of these reasons, I urge my colleagues to support H.R. 3525.
We can take the additional steps needed to secure our borders while
maintaining an open society.
Ms. JACKSON-LEE of Texas. Madam Speaker, it is my pleasure to yield 3
minutes to the distinguished gentleman from Texas (Mr. Reyes), whose
district is one of the districts that borders the southern border.
Mr. REYES. Madam Speaker, I thank the gentlewoman from Texas for
yielding me this time.
Madam Speaker, let me begin by thanking the chairman of the Committee
on the Judiciary (Mr. Sensenbrenner) for bringing this important bill
to the floor today. He has been willing to work with me on a number of
issues in this bill, and I thank him for his efforts. I would also like
to thank the ranking member, the gentleman from Michigan (Mr. Conyers),
for all of his assistance on this issue, as well as my colleague, the
gentlewoman from Texas (Ms. Jackson-Lee), for her hard work on bringing
these issues forward and giving us these venues.
As the only Member of Congress with an immigration background, I have
a unique perspective on many of these issues. The Enhanced Border
Security and Visa Entry Reform Act is the product of a compromise
between the House and the Senate and includes a number of issues that
many of us have been working on for many, many years. This bill
includes the extension of the deadline for replacing old border-
crossing cards with new laser visas. This 1-year extension will benefit
thousands of families and struggling businesses along the border, and I
applaud the chairman and the ranking member for including this
extension.
Since September 11, Madam Speaker, our Nation's borders have looked
more like parking lots than entry points into this country. This bill
provides additional personnel and technology at our ports of entry; and
while we need more INS and Customs personnel and much more than $150
million in technology, this bill provides a good down payment for our
border region.
[[Page H10474]]
This bill also provides the framework for information-sharing among
Federal, State, and local law enforcement agencies. This cooperation is
critical and vital to our homeland defense efforts. I am also
supportive of the provision restricting the issuance of visas to
nonimmigrants to countries that are state sponsors of terrorism.
Also included in this bill is a pay raise for hard-working Border
Patrol agents and INS inspectors. We have been working on this for
many, many years; and I am confident that this provision will help in
our efforts in recruiting and retaining qualified Border Patrol agents
and inspectors.
What is as important as what is in this bill is what is not included
in this bill. Last night the White House and Senate and House
negotiators agreed on this bill. The bill is what we have before us
here today, with one notable exception, that is, the extension of
section 245(i), which was pulled from the bill at the last minute at
the insistence of a small group of Republican Members.
I am extremely disappointed, as are many other members of the
Hispanic Caucus, that our leadership and the White House did not follow
through on their commitment to immigrant families across this whole
country. The President proclaimed that he supported the extension of
245(i), and we expected him to live up to his commitment to fight for
this issue, as he has fought for many, many of these other priorities
and issues such as tax cuts.
{time} 1800
Sadly, last night we were again abandoned.
Madam Speaker, let us look at the facts surrounding the extension of
245(i). It allows immigrants who are otherwise eligible to adjust their
status and to pay a fine and obtain their immigrant visas in the United
States, instead of having to leave the country and pick up their visas.
Madam Speaker, all in all, I believe this is a good bill and I
support it, and I would ask all my colleagues to support this bill. It
is important for our country and the security of our borders.
Mr. SENSENBRENNER. Madam Speaker, I yield 1 minute to the gentleman
from Arizona (Mr. Flake).
Mr. FLAKE. Madam Speaker, I thank the gentleman for yielding time to
me.
Madam Speaker, this is an issue I have been working on for a number
of months, beginning with the introduction of the Visa Integrity and
Security Act with the gentleman from Delaware (Mr. Castle) and the
gentleman from Georgia (Mr. Deal). This bill is an admirable and
comprehensive enhancement of these efforts, which were largely included
in the patriot antiterrorism legislation.
H.R. 3525 puts the focus of the problems in the system that will make
it possible for terrorists to enter the country and live in the United
States undetected, sometimes for years. By passing this bill, we are
recognizing that those who are charged with defending the United States
from persons who wish to do her harm will have the right tools
necessary to man the front lines. This legislation provides the
necessary tools.
From consular officers who will have the first encounter with visa
applicants to the border officials that process their departure
documents, this bill will utilize forward-looking technology to target
those who are the problem: the terrorists, not the immigrants.
I urge passage of H.R. 3525.
Ms. JACKSON-LEE of Texas. Madam Speaker, it is my pleasure to yield 2
minutes to the distinguished gentleman from California (Mr. Filner),
who likewise has a district that has an extensive span at the southern
border. We thank him for his leadership on this issue.
Mr. FILNER. Madam Speaker, I thank the gentlewoman for yielding time
to me, and I thank the chairman for bringing us this bill.
I represent San Diego, California, home of the biggest border
crossing between any two nations in the world. What we need more than
anything is the dual job of stopping terrorists, but allowing the legal
traffic to flow in an orderly fashion. Our businesses, our families,
depend on a flow of traffic that can be predictable and it is regular.
What the chairman has done, as I understand it, is put 200 more
positions for INS inspectors annually for the next 5 years, which will
allow us to do both the security and the flow that is absolutely
necessary.
I join the chairman in his regret that a jurisdictional dispute
prevented Customs inspectors from being included in this bill, and I
also join the gentleman in his call to bring that bill to us as quickly
as possible. I am also pleased that the extension of the laser visa
boarding crossing card has been extended for a year that will allow us
to make sure that people can get that card and use it properly.
I am disappointed that at the last minute, for some reason, section
601, what was section 601, that granted law enforcement status to INS
inspectors, was removed. This is an absolute necessity, not only for
the INS but for Customs and for many other Federal agencies. I hope
that we can bring back that long-awaited adjustment of status for these
law enforcement officers. We honor them if they die on the Law
Enforcement Memorial in Washington, D.C., but as they live, they are
not accorded that status.
I join the gentleman from Texas (Mr. Reyes) and the gentlewoman from
Texas (Ms. Jackson-Lee) in their regret that the 245 extension has been
removed, but I thank the chairman for giving us the resources over the
next few years to allow us to keep the Level I alert that is so
absolutely necessary to keep out terrorism, but to allow the border to
have the resources necessary to have the flow of legal traffic. I thank
the gentlewoman for her time.
Ms. JACKSON-LEE of Texas. Madam Speaker, I am pleased to yield 2
minutes to the distinguished gentleman from Texas (Mr. Rodriguez), who
likewise has an expansive southern border, and has done a lot of work
on this issue. I thank him for his leadership.
Mr. RODRIGUEZ. Madam Speaker, while I support the spirit of the bill,
I am somewhat disappointed in the introduction and how we have heard
the discussion on this bill, in that it is not allowing us an
opportunity to place some very significant items on the bill.
As a Member who represents the border, I would have liked to have had
the opportunity to provide some additional items. The border right now
is having to struggle real hard after September 11. We are having a
great deal of difficulty with long lines, long waits, as well as
Customs that are having to work long hours and not being able to even
take vacation during this Christmas period. We understand the reasons
why, but we also have an obligation to provide the resources that are
needed.
Since September 11, communities along the U.S.-Mexican borders have
struggled to meet the new security demands. Long waiting times due to
more thorough inspections, which are drastically needed, have adversely
impacted many businesses also along the border that depend on the
cross-border business that happens, and on commerce and traffic.
This is why I support providing more resources for the U.S. Customs
Service to enhance their personnel and improve their technology
capabilities. I am very pleased, and I want to thank the chairman for
providing those resources.
The Customs Service currently needs over 900 additional Customs
inspectors, not only to ease the situation along the northern border
with Canada, but to provide assistance to those working long and
difficult shifts on the southern border, as well.
While I understand the need to place more INS and Customs inspectors
along the northern border, we should not be remiss on our obligations
to improve inspections on the southern border.
Furthermore, I am also disappointed that despite the White House
support of H.R. 3525, it fails to include provisions to grant the
temporary section 245(i) extensions. The removal of section 245(i) has
torn families apart, and we need to really look at putting those
families together again.
Ms. JACKSON-LEE of Texas. Madam Speaker, I am very pleased to yield 3
minutes to the distinguished gentleman from Illinois (Mr. Gutierrez),
one of the two chairs of the Immigration Task Force of the Democratic
Caucus and a leader on these issues.
Mr. GUTIERREZ. Madam Speaker, I thank the gentlewoman for yielding
time to me.
[[Page H10475]]
Madam Speaker, I come here thinking this is really a good bill, and
at the same time, knowing and understanding that we had a better bill
until last night, a bill which balanced the needs of our immigration
policy; a bill that said 245(i) would be part of this bill.
I remember when I and other Members of the Hispanic Congressional
Caucus early in this first term of President Bush met with the
President, and he agreed to support 245(i). I remember once again when
245(i) ended in April 30 of this year, when I was heartened to hear the
President of the United States come forward and say that we are going
to continue with 245(i) and we are going to extend this important bill.
Many in America may ask, just what does it do? It allows families to
stay together. It allows American citizens to get the permanent
residency for their wives. It allows citizens of this country and
permanent residents legally here in this country to allow their wives
and their children, and yes, their moms and dads, their very immediate
family, to stay here and not be separated.
Somebody would say, well, if they do not pay the penalty, what do
they have to do? Well, they pay a huge penalty, and shame on this
Congress and shame on those Members of this institution who yesterday
went before those who were negotiating and said that we could not have
245(i).
While they come before this House repeatedly to talk about family
values, here we had an opportunity to do something about family values.
I am always thinking, when I listen to the President of the United
States say, ``This is a war against terrorists; this is not a war
against Islam, this is not a war against Muslims,'' I wish he and other
Members of this institution would state as categorically and as clearly
that this is not a war against immigrants.
The people who attacked us on September 11 were terrorists, who came
here to destroy and be destructive in this country. Immigrants come
here to build this country, to sweat and toil and make this the rich
Nation that it is today. Shame on this institution for confusing one
thing with the other.
I think it is really regrettable that we do not have 245(i), and I
say that we redouble our efforts so we can keep families together. We
need a sane immigration policy, an immigration policy based on keeping
families together and uniting those families.
I just want to end by saying I thank the gentlewoman for giving me
the time, and I thank the gentlewoman for her leadership, the
gentlewoman from Texas (Ms. Jackson-Lee) and the gentleman from
Michigan (Mr. Conyers), and all of those who truly believe.
I think when history is written, people will ask: Who stood up, who
stood up for immigrants, for people who work? And shame on everybody in
this Congress who walks on a shiny floor every day, knowing who mopped
that floor; walks into a hotel room and says, my, it sure is clean, and
has their laundry done, has their dishes washed, has all of the menial
jobs done in their lives, and yet cannot vote to keep those families
together.
Ms. JACKSON-LEE of Texas. Madam Speaker, I yield myself such time as
I may consume.
Madam Speaker, let me close by saying this: The eloquence of the
gentleman from Illinois (Mr. Gutierrez) and the gentleman from Texas
(Mr. Rodriguez) and the gentleman from Texas (Mr. Reyes) speaks for
itself.
Just a few days after September 11, I held a town hall meeting to
bring the community together to help them heal, to talk about the
tragedies. It was open to everyone, and members of my immigrant
community came.
Their greatest frustration was that they wanted to leave and serve
this country. They wanted to go and join whatever military service
would take them in. They wanted to stand up and be counted.
I believe, as I said to the gentleman from Wisconsin (Mr.
Sensenbrenner), and I thank him for his leadership, I am more than
disappointed that we could not pass 245(i) to reunite families, to
focus on what this country is all about, giving people the opportunity
to contribute to the values of this Nation and stand up and be counted,
and fight alongside of us to weed out terrorism because they believe
and love this Nation.
This legislation is a good piece of legislation, but Madam Speaker,
we have not finished our job. We are committed not to give up the
fight, because there are families out there counting on us.
Let me simply acknowledge the work of George Fishman and Lora Ries
and Leon Buck as staff, and Scott Deutchman and Perry Apelbaum, who
worked on this in the wee hours and worked on it weeks before we were
able to focus on this as the bill that has come before us now.
But the daunting question that we have is: Are we going to recognize
that this is a Nation of immigrants and laws, and immigration does not
equate to terrorism, and stop the kind of hysteria that is being
created to label all immigrants as terrorists?
They no more want terrorists in this country than we do; they no more
want to have people come in and harm us than we would. We must hold to
our values of the Statue of Liberty, that we ask for those to come who
are persecuted.
Madam Speaker, I ask my colleagues to support this legislation, and I
yield back the balance of my time.
Mr. SENSENBRENNER. Madam Speaker, I yield myself the balance of my
time.
Madam Speaker, I think it is important that we get on the subject of
what is before the House tonight; that is, legislation that does a
number of important things: tightening up our visa issuing system;
attempting to make sure that the visas and passports used by people
entering this country are those that were issued to them; and to
provide biometric information and various other types of antifraud
devices.
I think it is important to point out that we provide more money for
additional INS inspectors and investigators, and most importantly,
provide a pay raise for them.
Since 9-11, I have made several visits to border areas. I have been
to San Diego, I have been to Detroit, and I have been to the Miami
airport. At each one of these stops, I have specifically requested to
meet with representatives of the unions that represent the border
patrol and INS inspectors, and I have heard again and again that good
people are leaving because they can go to someplace else in law
enforcement and get paid a lot more.
As a result, the turnover and the training time of those people who
are actually on the borders enforcing the laws and protecting the
people of this country becomes greater and greater. So this bill deals
with those issues.
Again, I regret that the jurisdictional disputes prevent us from
dealing with the aircraft and ship manifests and the chronic shortage
of Customs inspectors, and once again, I urge the other committees of
jurisdiction to promptly bring legislation before the House to deal
with those issues.
With respect to what I have heard from the last several speakers, I
will state categorically that this is not a war on immigrants, it is a
war on terrorists. Immigrants have made this country what it is. With
the exception of the descendents of Native Americans, all of our
forefathers and foremothers were immigrants; granted that there were
different waves of immigration from different parts of the world, but
immigrants came to this country because of the economic opportunity and
the freedom that we provide.
What we want to do is to make sure that the immigration is done
pursuant to law, and to provide the proper documentation so that people
who are here legally can go to work and help themselves and their
families and our country.
Next year, we will be dealing with the restructuring and
reorganization of the Immigration and Naturalization Service, which is
the most dysfunctional agency in the Federal Government.
{time} 1815
Finally, with respect to 245(i), this House has voted in favor of
extending 245(i). The chairman of the Subcommittee on Immigration and
Claims, the gentleman from Pennsylvania (Mr. Gekas) and I introduced
H.R. 1885 on May 17, 2001. We brought it before the House under
suspension of the rules four days later on May 21, 2001. And on a roll
call of 336 to 43, the House passed the extension of 245(i).
Now, that bill provided an extension four months after the date of
enactment. And as is the case with a lot of
[[Page H10476]]
meritorious legislation, the other body did not deal with it promptly.
Now, I hope the time has come when we will be able to bring another
245(i) bill to the floor. But I do not think it accurately represents
what 336 of us did on May 21, to say that we have turned our backs on
those families. There were only 43 no votes on May 21. And I think the
vast majority, the 336 of us who voted yes, will have our day in court
some time in the future and a 245(i) extension that is fair to all will
be sent to the President of the United States. I urge an aye vote on
H.R. 3525.
Ms. ROYBAL-ALLARD. Madam Speaker, I rise in support of H.R. 3525, the
Enhanced Border Security and Visa Entry Reform Act, because this bill
strengthens the security of our borders, secures our visa entry system,
and enhances our ability to deter potential terrorists. However, I also
rise to express my displeasure that an extension of Section 245(i) of
the Immigration and Nationality Act was dropped from the final version
of this bill.
My support of H.R. 3525 is based on the fact that it improves the
resources, training, and technology available to our border personnel
to increase the effectiveness of our efforts to improve border
security. This bill requires the Attorney General to begin installing
biometric data readers and scanners at U.S. ports of entry so we can
more accurately deter individuals with false passports or visas.
H.R. 3525 also improves coordination and information-sharing by the
State Department, the Immigration and Naturalization Service (INS), and
law enforcement and intelligence agencies. For example, consular
officers who issue visas will now be required to transmit electronic
versions of visa files to the INS, so that this critical information is
available to immigration inspectors at U.S. ports of entry. By
enhancing our ability to screen visitors to the U.S. before their
arrival, we will help to keep terrorist cells from entering our
country.
This bill also improves the monitoring of foreign students and
exchange visitors. H.R. 3525 expands the current foreign student
monitoring program in our colleges and universities to include flight
schools, language training programs, and vocational schools. It also
enhances the reporting requirements placed on the INS, the State
Department and educational institutions. In addition, it requires the
INS, in consultation with the Department of Education, to periodically
review institutions enrolling foreign students and receiving exchange
visitors, to ensure that they adhere to the mandated reporting and
record-keeping requirements.
Mr. Speaker, in spite of the many merits of this bill, I am however
very disappointed that it does not include an extension of Section
245(i) of the Immigration and Nationality Act.
Section 245(i) allows eligible immigrants to stay in this country by
paying a substantial fee of $1,000 to adjust their status to permanent
residency based on a close family member or employer sponsor. Under
Section 245(i), the only eligible immigrants are those who have been
physically present in the United States since before December 1998 and
have an established familiar relationship or employment based petition
filed with the INS. Immigrants who qualify would be screened for
criminal offenses, fraud, and would need to meet all other conditions
of admissibility--just like any other immigrant who applies for a green
card. An extension of 245(i) does not provide a loophole to our border
security--anyone found to be linked to any criminal activity would
continue to face deportation or detention.
A permanent extension of Section 245(i) is an issue of great
importance to the Hispanic Caucus and the entire Latino community.
President Bush publicly supported an extension, as have the AFL-CIO and
the U.S. Chamber of Commerce. In fact, the House was scheduled to vote
on an extension of this important provision, but due to the
unconscionable attacks of September 11th this legislation was pulled
from consideration and never rescheduled.
Since then, I along with other members of the Congressional Hispanic
Caucus have been urging the leadership of the House to bring up and
pass an extension to Section 245(i) before the end of the year. We felt
confident that adding an extension of Section 245(i) to H.R. 3525 would
create the right balance between the need to keep our borders safe from
terrorist threats, and keep the avenues for legal permanent residency
open to hard working immigrants.
Without an extension of Section 245(i), we are not helping to secure
our borders; we are instead promoting the separation of families and
the increase of individuals on our unemployment roles. It is therefore
unfortunate that Section 245(i) has fallen victim to those who equate
immigration with terrorism.
There is no doubt that our country needs long-term solutions to
security problems at our borders, and H.R. 3525 is a positive step in
that direction. In our effort to secure our nation however, we must not
close the door to our ability to legalize employees of American
companies or spouses and children of U.S. citizens. An extension of
Section 245(i) is pro-family, pro-business, and good for America. I
hope the Bush Administration will keep its promise and work with the
bipartisan congressional supporters of Section 245(i) to gain passage
of an extension before the end of the 107th Congress.
Mr. SENSENBRENNER. Madam Speaker, I yield back the balance of my
time.
The SPEAKER pro tempore (Mrs. Biggert). The question is on the motion
offered by the gentleman from Wisconsin (Mr. Sensenbrenner) that the
House suspend the rules and pass the bill, H.R. 3525, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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