[Congressional Record (Bound Edition), Volume 147 (2001), Part 20]
[House]
[Pages 27108-27119]
[From the U.S. 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.

     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

[[Page 27109]]

       (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.
       (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

[[Page 27110]]

     to be responsible for the investigation or identification of 
     aliens.
       (6) Limitation on access.--The President shall, in 
     accordance with applicable Federal laws, establish procedures 
     to restrict access to intelligence information in the data 
     system under this subsection, and the databases referred to 
     in paragraph (2), under circumstances in which such 
     information is not to be disclosed directly to Government 
     officials under paragraph (5).
       (b) Name-Search Capacity and Support.--
       (1) In general.--The interoperable electronic data system 
     required by subsection (a) shall--
       (A) have the capacity to compensate for disparate name 
     formats among the different databases referred to in 
     subsection (a);
       (B) be searchable on a linguistically sensitive basis;
       (C) provide adequate user support;
       (D) to the extent practicable, utilize commercially 
     available technology; and
       (E) be adjusted and improved, based upon experience with 
     the databases and improvements in the underlying technologies 
     and sciences, on a continuing basis.
       (2) Linguistically sensitive searches.--
       (A) In general.--To satisfy the requirement of paragraph 
     (1)(B), the interoperable electronic database shall be 
     searchable based on linguistically sensitive algorithms 
     that--
       (i) account for variations in name formats and 
     transliterations, including varied spellings and varied 
     separation or combination of name elements, within a 
     particular language; and
       (ii) incorporate advanced linguistic, mathematical, 
     statistical, and anthropological research and methods.
       (B) Languages required.--
       (i) Priority languages.--Linguistically sensitive 
     algorithms shall be developed and implemented for no fewer 
     than 4 languages designated as high priorities by the 
     Secretary of State, after consultation with the Attorney 
     General and the Director of Central Intelligence.
       (ii) Implementation schedule.--Of the 4 linguistically 
     sensitive algorithms required to be developed and implemented 
     under clause (i)--

       (I) the highest priority language algorithms shall be 
     implemented within 18 months after the date of enactment of 
     this Act; and
       (II) an additional language algorithm shall be implemented 
     each succeeding year for the next three years.

       (3) Adequate user support.--The Secretary of State and the 
     Attorney General shall jointly prescribe procedures to ensure 
     that consular and immigration officers can, as required, 
     obtain assistance in resolving identity and other questions 
     that may arise about names of aliens seeking visas or 
     admission to the United States that may be subject to 
     variations in format, transliteration, or other similar 
     phenomenon.
       (4) Interim reports.--Six months after the date of 
     enactment of this Act, the President shall submit a report to 
     the appropriate committees of Congress on the progress in 
     implementing each requirement of this section.
       (5) Reports by intelligence agencies.--
       (A) Current standards.--Not later than 60 days after the 
     date of enactment of this Act, the Director of Central 
     Intelligence shall complete the survey and issue the report 
     previously required by section 309(a) of the Intelligence 
     Authorization Act for Fiscal Year 1998 (50 U.S.C. 403-3 
     note).
       (B) Guidelines.--Not later than 120 days after the date of 
     enactment of this Act, the Director of Intelligence shall 
     issue the guidelines and submit the copy of those guidelines 
     previously required by section 309(b) of the Intelligence 
     Authorization Act for Fiscal Year 1998 (50 U.S.C. 403-3 
     note).
       (6) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     the provisions of this subsection.

     SEC. 203. COMMISSION ON INTEROPERABLE DATA SHARING.

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

                        TITLE III--VISA ISSUANCE

     SEC. 301. ELECTRONIC PROVISION OF VISA FILES.

       Section 221(a) of the Immigration and Nationality Act (8 
     U.S.C. 1201(a)) is amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (2) by inserting ``(1)'' immediately after ``(a)''; and
       (3) by adding at the end the following:
       ``(2) The Secretary of State shall provide to the Service 
     an electronic version of the visa file of an alien who has 
     been issued a visa to ensure that the data in that visa file 
     is available to immigration inspectors at the United States 
     ports of entry before the arrival of the alien at such a port 
     of entry.''.

     SEC. 302. IMPLEMENTATION OF AN INTEGRATED ENTRY AND EXIT DATA 
                   SYSTEM.

       (a) Development of System.--In developing the integrated 
     entry and exit data system for the ports of entry, as 
     required by the Immigration and Naturalization Service Data 
     Management Improvement Act of 2000 (Public Law 106-215), the 
     Attorney General and the Secretary of State shall--
       (1) implement, fund, and use a technology standard under 
     section 403(c) of the USA PATRIOT Act (as amended by sections 
     201(c)(5) and 202(a)(3)(B)) at United States ports of entry 
     and at consular posts abroad;
       (2) establish a database containing the arrival and 
     departure data from machine-readable visas, passports, 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

[[Page 27111]]

     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.--
       (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

[[Page 27112]]

     (8 U.S.C. 1182). Consideration shall be given to the 
     feasibility of expanding the preclearance program to include 
     the preclearance both of foreign nationals traveling to 
     Canada and foreign nationals traveling to Mexico.
       (2) Preinspection.--The feasibility of expanding 
     preinspection facilities at foreign airports as described in 
     section 235A of the Immigration and Nationality Act (8 U.S.C. 
     1225). Consideration shall be given to the feasibility of 
     expanding preinspections to foreign nationals on air flights 
     destined for Canada and Mexico, and the cross training and 
     funding of inspectors from Canada and Mexico.
       (3) Conditions.--A determination of the measures necessary 
     to ensure that the conditions required by section 235A(a)(5) 
     of the Immigration and Nationality Act (8 U.S.C. 1225a(a)(5)) 
     are satisfied, including consultation with experts recognized 
     for their expertise regarding the conditions required by that 
     section.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the President shall submit to the 
     appropriate committees of Congress a report setting forth the 
     findings of the study conducted under subsection (a).
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 402. PASSENGER MANIFESTS.

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

     SEC. 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

[[Page 27113]]

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

     SEC. 502. REVIEW OF INSTITUTIONS AND OTHER ENTITIES 
                   AUTHORIZED TO ENROLL OR SPONSOR CERTAIN 
                   NONIMMIGRANTS.

       (a) Periodic Review of Compliance.--The Commissioner of 
     Immigration and Naturalization, in consultation with the 
     Secretary of Education, shall conduct periodic reviews of the 
     institutions certified to receive nonimmigrants under section 
     101(a)(15) (F), (M), or (J) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(F), (M), or (J)). Each 
     review shall determine whether the institutions are in 
     compliance with--
       (1) recordkeeping and reporting requirements to receive 
     nonimmigrants under section 101(a)(15) (F), (M), or (J) of 
     that Act (8 U.S.C. 1101(a)(15)(F), (M), or (J)); and
       (2) recordkeeping and reporting requirements under section 
     641 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1372).
       (b) Periodic Review of Sponsors of Exchange Visitors.--
       (1) Requirement for reviews.--The Secretary of State shall 
     conduct periodic reviews of the entities designated to 
     sponsor exchange visitor program participants under section 
     101(a)(15)(J) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)(J)).
       (2) Determinations.--On the basis of reviews of entities 
     under paragraph (1), the Secretary shall determine whether 
     the entities are in compliance with--
       (A) recordkeeping and reporting requirements to receive 
     nonimmigrant exchange visitor program participants under 
     section 101(a)(15)(J) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(J)); and
       (B) recordkeeping and reporting requirements under section 
     641 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1372).
       (c) Effect of Failure To Comply.--Failure of an institution 
     or other entity to comply with the recordkeeping and 
     reporting requirements to receive nonimmigrant students or 
     exchange visitor program participants under section 
     101(a)(15) (F), (M), or (J) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15) (F), (M), or (J)), or 
     section 641 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1372), may, at the 
     election of the Commissioner of Immigration and 
     Naturalization or the Secretary of State, result in the 
     termination, suspension, or limitation of the institution's 
     approval to receive such students or the termination of the 
     other entity's designation to sponsor exchange visitor 
     program participants, as the case may be.

                   TITLE VI--MISCELLANEOUS PROVISIONS

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

       Section 104(b)(2) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note) is 
     amended by striking ``5 years'' and inserting ``6 years''.

     SEC. 602. GENERAL ACCOUNTING OFFICE STUDY.

       (a) Requirement for Study.--
       (1) In general.--The Comptroller General of the United 
     States shall conduct a study to determine the feasibility and 
     utility of implementing a requirement that each nonimmigrant 
     alien in the United States submit to the Commissioner of 
     Immigration and Naturalization each year a current address 
     and, where applicable, the name and address of an employer.
       (2) Nonimmigrant alien defined.--In paragraph (1), the term 
     ``nonimmigrant alien'' means an alien described in section 
     101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)).
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the results of the study under 
     subsection (a). The report shall include the Comptroller 
     General's findings, together with any recommendations that 
     the Comptroller General considers appropriate.

     SEC. 603. INTERNATIONAL COOPERATION.

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

[[Page 27114]]



     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 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).

[[Page 27115]]

  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 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

[[Page 27116]]

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.
  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

[[Page 27117]]

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.
  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

[[Page 27118]]

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 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,

[[Page 27119]]

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.
  Madam 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.

                          ____________________