[107th Congress Public Law 173]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ173.107]
[[Page 116 STAT. 543]]
Public Law 107-173
107th Congress
An Act
To enhance the border security of the United States, and for other
purposes. <<NOTE: May 14, 2002 - [H.R. 3525]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Enhanced Border Security
and Visa Entry Reform Act of 2002. Aliens.>> assembled,
SECTION 1. SHORT TITLE.
(a) Short <<NOTE: 8 USC 1701 note.>> Title.--This Act may be cited
as the ``Enhanced Border Security and Visa Entry Reform Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Definitions.
TITLE I--FUNDING
Sec. 101. Authorization of appropriations for hiring and training
Government personnel.
Sec. 102. Authorization of appropriations for improvements in technology
and infrastructure.
Sec. 103. Machine-readable visa fees.
TITLE II--INTERAGENCY INFORMATION SHARING
Sec. 201. Interim measures for access to and coordination of law
enforcement and other information.
Sec. 202. Interoperable law enforcement and intelligence data system
with name-matching capacity and training.
Sec. 203. Commission on interoperable data sharing.
Sec. 204. Personnel management authorities for positions involved in the
development and implementation of the interoperable
electronic data system (``Chimera system'').
TITLE III--VISA ISSUANCE
Sec. 301. Electronic provision of visa files.
Sec. 302. Implementation of an integrated entry and exit data system.
Sec. 303. Machine-readable, tamper-resistant entry and exit documents.
Sec. 304. Terrorist lookout committees.
Sec. 305. Improved training for consular officers.
Sec. 306. Restriction on issuance of visas to nonimmigrants who are from
countries that are state sponsors of international terrorism.
Sec. 307. Designation of program countries under the Visa Waiver
Program.
Sec. 308. Tracking system for stolen passports.
Sec. 309. Identification documents for certain newly admitted aliens.
TITLE IV--INSPECTION AND ADMISSION OF ALIENS
Sec. 401. Study of the feasibility of a North American National Security
Program.
Sec. 402. Passenger manifests.
Sec. 403. Time period for inspections.
Sec. 404. Joint United States-Canada projects for alternative
inspections services.
TITLE V--FOREIGN STUDENTS AND EXCHANGE VISITORS
Sec. 501. Foreign student monitoring program.
Sec. 502. Review of institutions and other entities authorized to enroll
or sponsor certain nonimmigrants.
[[Page 116 STAT. 544]]
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. <<NOTE: 8 USC 1701.>>
In this Act:
(1) Alien.--The term ``alien'' has the meaning given the
term in section 101(a)(3) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(3)).
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the following:
(A) The Committee on the Judiciary, the Select
Committee on Intelligence, and the Committee on Foreign
Relations of the Senate.
(B) The Committee on the Judiciary, the Permanent
Select Committee on Intelligence, and the Committee on
International Relations of the House of Representatives.
(3) Chimera system.--The term ``Chimera system'' means the
interoperable electronic data system required to be developed
and implemented by section 202(a)(2).
(4) Federal law enforcement agencies.--The term ``Federal
law enforcement agencies'' means the following:
(A) The United States Secret Service.
(B) The Drug Enforcement Administration.
(C) The Federal Bureau of Investigation.
(D) The Immigration and Naturalization Service.
(E) The United States Marshall Service.
(F) The Naval Criminal Investigative Service.
(G) The Coastal Security Service.
(H) The Diplomatic Security Service.
(I) The United States Postal Inspection Service.
(J) The Bureau of Alcohol, Tobacco, and Firearms.
(K) The United States Customs Service.
(L) The National Park Service.
(5) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).
(6) President.--The term ``President'' means the President
of the United States, acting through the Assistant to the
President for Homeland Security, in coordination with the
Secretary of State, the Commissioner of Immigration and
Naturalization, the Attorney General, the Director of Central
Intelligence, the Director of the Federal Bureau of
Investigation, the Secretary of Transportation, the Commissioner
of Customs, and the Secretary of the Treasury.
(7) USA PATRIOT Act.--The term ``USA PATRIOT Act'' means the
Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT)
Act of 2001 (Public Law 107-56).
[[Page 116 STAT. 545]]
TITLE I--FUNDING
SEC. 101. <<NOTE: 8 USC 1711.>> AUTHORIZATION OF APPROPRIATIONS FOR
HIRING AND TRAINING GOVERNMENT PERSONNEL.
(a) Additional Personnel.--
(1) INS inspectors.--Subject to the availability of
appropriations, during each of the fiscal years 2003 through
2006, the Attorney General shall increase the number of
inspectors and associated support staff in the Immigration and
Naturalization Service by the equivalent of at least 200 full-
time employees over the number of inspectors and associated
support staff in the Immigration and Naturalization Service
authorized by the USA PATRIOT Act.
(2) INS investigative personnel.--Subject to the
availability of appropriations, during each of the fiscal years
2003 through 2006, the Attorney General shall increase the
number of investigative and associated support staff of the
Immigration and Naturalization Service by the equivalent of at
least 200 full-time employees over the number of investigators
and associated support staff in the Immigration and
Naturalization Service authorized by the USA PATRIOT Act.
(3) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection, including such sums as may be necessary to
provide facilities, attorney personnel and support staff, and
other resources needed to support the increased number of
inspectors, investigative staff, and associated support staff.
(b) Authorization of Appropriations for INS Staffing.--
(1) In general.--There are authorized to be appropriated for
the Department of Justice such sums as may be necessary to
provide an increase in the annual rate of basic pay effective
October 1, 2002--
(A) for all journeyman Border Patrol agents and
inspectors who have completed at least one year's
service and are receiving an annual rate of basic pay
for positions at GS-9 of the General Schedule under
section 5332 of title 5, United States Code, from the
annual rate of basic pay payable for positions at GS-9
of the General Schedule under such section 5332, to an
annual rate of basic pay payable for positions at GS-11
of the General Schedule under such section 5332;
(B) for inspections assistants, from the annual rate
of basic pay payable for positions at GS-5 of the
General Schedule under section 5332 of title 5, United
States Code, to an annual rate of basic pay payable for
positions at GS-7 of the General Schedule under such
section 5332; and
(C) for the support staff associated with the
personnel described in subparagraphs (A) and (B), at the
appropriate GS level of the General Schedule under such
section 5332.
(c) Authorization of Appropriations for Training.--There are
authorized to be appropriated such sums as may be necessary--
(1) to appropriately train Immigration and Naturalization
Service personnel on an ongoing basis--
[[Page 116 STAT. 546]]
(A) to ensure that their proficiency levels are
acceptable to protect the borders of the United States;
and
(B) otherwise to enforce and administer the laws
within their jurisdiction;
(2) to provide adequate continuing cross-training to
agencies staffing the United States border and ports of entry to
effectively and correctly apply applicable United States laws;
(3) to fully train immigration officers to use the
appropriate lookout databases and to monitor passenger traffic
patterns; and
(4) to expand the Carrier Consultant Program described in
section 235(b) of the Immigration and Nationality Act (8 U.S.C.
1225A(b)).
(d) Authorization of Appropriations for Consular Functions.--
(1) Responsibilities.--The Secretary of State shall--
(A) implement enhanced security measures for the
review of visa applicants;
(B) staff the facilities and programs associated
with the activities described in subparagraph (A); and
(C) provide ongoing training for consular officers
and diplomatic security agents.
(2) Authorization of appropriations.--There are authorized
to be appropriated for the Department of State such sums as may
be necessary to carry out paragraph (1).
SEC. 102. <<NOTE: 8 USC 1712.>> 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.
[[Page 116 STAT. 547]]
SEC. 103. MACHINE-READABLE VISA FEES. <<NOTE: 8 USC 1713.>>
(a) Relation to Subsequent Authorization Acts.--Section 140(a) of
the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995
(Public Law 103-236) <<NOTE: 8 USC 1351 note.>> 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. <<NOTE: 8 USC 1721.>> 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 <<NOTE: Deadline. President.>> 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 <<NOTE: 8
USC 1365a note.>> is hereby repealed.
(c) Coordination Plan.--
(1) Requirement <<NOTE: Deadline. President.>> 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.
[[Page 116 STAT. 548]]
(2) <<NOTE: President.>> 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 <<NOTE: 8 USC
1379.>> Act is amended--
(A) in paragraph (1), by striking ``2 years'' and
inserting ``15 months''; and
(B) in paragraph (4), by striking ``18 months'' and
inserting ``one year''.
SEC. 202. <<NOTE: 8 USC 1722.>> 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 <<NOTE: President.>> for interoperable data
system.--Upon the date of commencement of implementation of the
plan required by section 201(c), the President shall develop and
[[Page 116 STAT. 549]]
implement an interoperable electronic data system to provide
current and immediate access to information in databases of
Federal law enforcement agencies and the intelligence community
that is relevant to determine whether to issue a visa or to
determine the admissibility or deportability of an alien (also
known as the ``Chimera system'').
(3) <<NOTE: President.>> 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, <<NOTE: 8 USC 1379.>> as amended by section
201(c)(5), is further amended--
(i) in paragraph (1), by inserting ``,
including appropriate biometric identifier
standards,'' after ``technology standard''; and
(ii) in paragraph (2) --
(I) by striking ``Integrated'' and
inserting ``Interoperable''; and
(II) by striking ``integrated'' and
inserting ``interoperable''.
(5) Access to information in data system.--Subject to
paragraph (6), information in the data system under this
subsection shall be readily and easily accessible--
(A) to any consular officer responsible for the
issuance of visas;
(B) to any Federal official responsible for
determining an alien's admissibility to or deportability
from the United States; and
(C) to any Federal law enforcement or intelligence
officer determined by regulation to be responsible for
the investigation or identification of aliens.
(6) <<NOTE: President. Procedures.>> 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
[[Page 116 STAT. 550]]
(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 <<NOTE: Procedures.>> user support.--The
Secretary of State and the Attorney General shall jointly
prescribe procedures to ensure that consular and immigration
officers can, as required, obtain assistance in resolving
identity and other questions that may arise about the names of
aliens seeking visas or admission to the United States that may
be subject to variations in format, transliteration, or other
similar phenomenon.
(4) Interim <<NOTE: Deadline. President.>> 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) <<NOTE: Deadlines.>> Reports by intelligence
agencies.--
(A) Current standards.--Not later than 60 days after
the date of enactment of this Act, the Director of
Central Intelligence shall complete the survey and issue
the report previously required by section 309(a) of the
Intelligence Authorization Act for Fiscal Year 1998 (50
U.S.C. 403-3 note).
(B) Guidelines.--Not later than 120 days after the
date of enactment of this Act, the Director of Central
Intelligence shall issue the guidelines and submit the
copy of those guidelines previously required by section
309(b) of the Intelligence Authorization Act for Fiscal
Year 1998 (50 U.S.C. 403-3 note).
(6) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out the
provisions of this subsection.
[[Page 116 STAT. 551]]
SEC. 203. <<NOTE: 8 USC 1723.>> COMMISSION ON INTEROPERABLE DATA
SHARING.
(a) <<NOTE: Deadlines. President.>> Establishment.--Not later than
one year after the date of enactment of the USA PATRIOT Act, the
President shall establish a Commission on Interoperable Data Sharing (in
this section referred to as the ``Commission''). The purposes of the
Commission shall be to--
(1) monitor the protections described in section 201(c)(3);
(2) provide oversight of the interoperable electronic data
system described in section 202; and
(3) <<NOTE: Reports.>> report to Congress annually on the
Commission's findings and recommendations.
(b) <<NOTE: President.>> Composition.--The Commission shall consist
of nine members, who shall be appointed by the President, as follows:
(1) One member, who shall serve as Chair of the Commission.
(2) Eight members, who shall be appointed from a list of
nominees jointly provided by the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the Majority Leader of the Senate, and the
Minority Leader of the Senate.
(c) Considerations.--The Commission shall consider recommendations
regarding the following issues:
(1) Adequate protection of privacy concerns inherent in the
design, implementation, or operation of the interoperable
electronic data system.
(2) Timely adoption of security innovations, consistent with
generally accepted security standards, to protect the integrity
and confidentiality of information to prevent the risks of
accidental or unauthorized loss, access, destruction, use
modification, or disclosure of information.
(3) The adequacy of mechanisms to permit the timely
correction of errors in data maintained by the interoperable
data system.
(4) Other protections against unauthorized use of data to
guard against the misuse of the interoperable data system or the
data maintained by the system, including recommendations for
modifications to existing laws and regulations to sanction
misuse of the system.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission such sums as may be necessary to carry
out this section.
SEC. <<NOTE: 8 USC 1724.>> 204. PERSONNEL MANAGEMENT AUTHORITIES FOR
POSITIONS INVOLVED IN THE DEVELOPMENT AND IMPLEMENTATION OF
THE INTEROPERABLE ELECTRONIC DATA SYSTEM (``CHIMERA
SYSTEM'').
(a) In General.--Notwithstanding any other provision of law relating
to position classification or employee pay or performance, the Attorney
General may hire and fix the compensation of necessary scientific,
technical, engineering, and other analytical personnel for the purpose
of the development and implementation of the interoperable electronic
data system described in section 202(a)(2) (also known as the ``Chimera
system'').
(b) Limitation on Rate of Pay.--Except as otherwise provided by law,
no employee compensated under subsection (a) may be paid at a rate in
excess of the rate payable for a position at level III of the Executive
Schedule.
[[Page 116 STAT. 552]]
(c) Limitation on Total Calendar Year Payments.--Total payments to
employees under any system established under this section shall be
subject to the limitation on payments to employees under section 5307 of
title 5, United States Code.
(d) Operating <<NOTE: Deadline.>> Plan.--Not later than 90 days
after the date of enactment of this Act, the Attorney General shall
submit to the Committee on Appropriations, the Committee on the
Judiciary, the Select Committee on Intelligence, and the Committee on
Foreign Relations of the Senate and the Committee on Appropriations, the
Committee on the Judiciary, the Permanent Select Committee on
Intelligence, and the Committee on International Relations of the House
of Representatives an operating plan--
(1) describing the Attorney General's intended use of the
authority under this section; and
(2) identifying any provisions of title 5, United States
Code, being waived for purposes of the development and
implementation of the Chimera system.
(e) Termination Date.--The authority of this section shall terminate
upon the implementation of the Chimera system.
TITLE III--VISA ISSUANCE
SEC. 301. ELECTRONIC PROVISION OF VISA FILES.
Section 221(a) of the Immigration and Nationality Act (8 U.S.C.
1201(a)) is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively;
(2) by inserting ``(1)'' immediately after ``(a)''; and
(3) by adding at the end the following:
``(2) The Secretary of State shall provide to the Service an
electronic version of the visa file of each alien who has been issued a
visa to ensure that the data in that visa file is available to
immigration inspectors at the United States ports of entry before the
arrival of the alien at such a port of entry.''.
SEC. <<NOTE: 8 USC 1731.>> 302. IMPLEMENTATION OF AN INTEGRATED ENTRY
AND EXIT DATA SYSTEM.
(a) Development of System.--In developing the integrated entry and
exit data system for the ports of entry, as required by the Immigration
and Naturalization Service Data Management Improvement Act of 2000
(Public Law 106-215), the Attorney General and the Secretary of State
shall--
(1) implement, fund, and use a technology standard under
section 403(c) of the USA PATRIOT Act (as amended by sections
201(c)(5) and 202(a)(4)(B)) at United States ports of entry and
at consular posts abroad;
(2) establish a database containing the arrival and
departure data from machine-readable visas, passports, and other
travel and entry documents possessed by aliens; and
(3) make interoperable all security databases relevant to
making determinations of admissibility under section 212 of the
Immigration and Nationality Act (8 U.S.C. 1182).
(b) Implementation.--In implementing the provisions of subsection
(a), the Immigration and Naturalization Service and the Department of
State shall--
[[Page 116 STAT. 553]]
(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. <<NOTE: Deadlines. 8 USC 1732.>> 303. MACHINE-READABLE, TAMPER-
RESISTANT ENTRY AND EXIT DOCUMENTS.
(a) Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Attorney General, the Secretary of
State, and the National Institute of Standards and Technology
(NIST), acting jointly, shall submit to the appropriate
committees of Congress a comprehensive report assessing the
actions that will be necessary, and the considerations to be
taken into account, to achieve fully, not later than October 26,
2004--
(A) implementation of the requirements of
subsections (b) and (c); and
(B) deployment of the equipment and software to
allow biometric comparison and authentication of the
documents described in subsections (b) and (c).
(2) Estimates.--In addition to the assessment required by
paragraph (1), the report required by that paragraph shall
include an estimate of the costs to be incurred, and the
personnel, man-hours, and other support required, by the
Department of Justice, the Department of State, and NIST to
achieve the objectives of subparagraphs (A) and (B) of paragraph
(1).
(b) Requirements.--
(1) In general.--Not later than October 26, 2004, the
Attorney General and the Secretary of State shall issue to
aliens only machine-readable, tamper-resistant visas and other
travel and entry documents that use
biometric <<NOTE: Standards.>> identifiers. The Attorney General
and the Secretary of State shall jointly establish document
authentication standards and biometric identifiers standards to
be employed on such visas and other travel and entry documents
from among those biometric identifiers recognized by domestic
and international standards organizations.
(2) Readers and scanners at ports of entry.--
(A) In general.--Not later than October 26, 2004,
the Attorney General, in consultation with the Secretary
of State, shall install at all ports of entry of the
United States equipment and software to allow biometric
comparison and authentication of all United States visas
and other travel and entry documents issued to aliens,
and passports issued pursuant to subsection (c)(1).
(B) Use of readers and scanners.--The Attorney
General, in consultation with the Secretary of State,
shall utilize biometric data readers and scanners that--
(i) domestic and international standards
organizations determine to be highly accurate when
used to verify identity;
(ii) can read the biometric identifiers
utilized under subsections (b)(1) and (c)(1); and
[[Page 116 STAT. 554]]
(iii) can authenticate the document presented
to verify identity.
(3) Use of technology standard.--The systems employed to
implement paragraphs (1) and (2) shall utilize the technology
standard established pursuant to section 403(c) of the USA
PATRIOT Act, as amended by section 201(c)(5) and 202(a)(4)(B).
(c) Technology Standard for Visa Waiver Participants.--
(1) Certification requirement.--Not later than October 26,
2004, the government of each country that is designated to
participate in the visa waiver program established under section
217 of the Immigration and Nationality Act shall certify, as a
condition for designation or continuation of that designation,
that it has a program to issue to its nationals machine-readable
passports that are tamper-resistant and incorporate biometric
and document authentication identifiers that comply with
applicable biometric and document identifying standards
established by the International Civil Aviation Organization.
This paragraph shall not be construed to rescind the requirement
of section 217(a)(3) of the Immigration and Nationality Act.
(2) Use of technology standard.--On and after October 26,
2004, any alien applying for admission under the visa waiver
program under section 217 of the Immigration and Nationality Act
shall present a passport that meets the requirements of
paragraph (1) unless the alien's passport was issued prior to
that date.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section,
including reimbursement to international and domestic standards
organizations.
SEC. 304. <<NOTE: 8 USC 1733.>> TERRORIST LOOKOUT COMMITTEES.
(a) Establishment.--The Secretary of State shall require a terrorist
lookout committee to be maintained within each United States mission to
a foreign country.
(b) Purpose.--The purpose of each committee established under
subsection (a) shall be--
(1) to utilize the cooperative resources of all elements of
the United States mission in the country in which the consular
post is located to identify known or potential terrorists and to
develop information on those individuals;
(2) to ensure that such information is routinely and
consistently brought to the attention of appropriate United
States officials for use in administering the immigration laws
of the United States; and
(3) to ensure that the names of known and suspected
terrorists are entered into the appropriate lookout databases.
(c) Composition; Chair.--The Secretary shall establish rules
governing the composition of such committees.
(d) Meetings.--Each committee established under subsection (a) shall
meet at least monthly to share information pertaining to the committee's
purpose as described in subsection (b)(2).
(e) Periodic Reports to the Secretary of State.--Each committee
established under subsection (a) shall submit monthly reports to the
Secretary of State describing the committee's activities, whether or not
information on known or suspected terrorists was developed during the
month.
[[Page 116 STAT. 555]]
(f) Reports to Congress.--The Secretary of State shall submit a
report on a quarterly basis to the appropriate committees of Congress on
the status of the committees established under subsection (a).
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to implement this section.
SEC. 305. <<NOTE: 8 USC 1734.>> 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. <<NOTE: 8 USC 1735.>> 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 <<NOTE: Applicability.>> 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.
[[Page 116 STAT. 556]]
(C) Section 620A(a) of the Foreign Assistance Act of
1961.
SEC. 307. DESIGNATION OF PROGRAM COUNTRIES UNDER THE VISA WAIVER
PROGRAM.
(a) Reporting Passport Thefts.--Section 217 of the Immigration and
Nationality Act (8 U.S.C. 1187) is amended--
(1) by adding at the end of subsection (c)(2) the following
new subparagraph:
``(D) Reporting passport thefts.--The government of
the country certifies that it reports to the United
States Government on a timely basis the theft of blank
passports issued by that country.''; and
(2) in subsection (c)(5)(A)(i), by striking ``5 years'' and
inserting ``2 years''; and
(3) by adding at the end of subsection (f) the following new
paragraph:
``(5) Failure to report passport thefts.--If the Attorney
General and the Secretary of State jointly determine that the
program country is not reporting the theft of blank passports,
as required by subsection (c)(2)(D), the Attorney General shall
terminate the designation of the country as a program
country.''.
(b) Check <<NOTE: 8 USC 1736.>> 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. <<NOTE: 8 USC 1737.>> TRACKING SYSTEM FOR STOLEN PASSPORTS.
(a) Entering Stolen Passport Identification Numbers in the
Interoperable Data System.--
(1) In <<NOTE: Deadline.>> 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. <<NOTE: 8 USC 1738.>> 309. IDENTIFICATION DOCUMENTS FOR CERTAIN
NEWLY ADMITTED ALIENS.
Not later <<NOTE: Deadline.>> 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
[[Page 116 STAT. 557]]
section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), or
immediately upon an alien being granted asylum under section 208 of such
Act (8 U.S.C. 1158), the alien will be issued an employment
authorization document. Such document shall, at a minimum, contain the
fingerprint and photograph of such alien.
TITLE IV--INSPECTION AND ADMISSION OF ALIENS
SEC. <<NOTE: President. Canada. Mexico. 8 USC 1751.>> 401. STUDY OF THE
FEASIBILITY OF A NORTH AMERICAN NATIONAL SECURITY PROGRAM.
(a) In General.--The President shall conduct a study of the
feasibility of establishing a North American National Security Program
to enhance the mutual security and safety of the United States, Canada,
and Mexico.
(b) Study Elements.--In conducting the study required by subsection
(a), the President shall consider the following:
(1) Preclearance.--The feasibility of establishing a program
enabling foreign national travelers to the United States to
submit voluntarily to a preclearance procedure established by
the Department of State and the Immigration and Naturalization
Service to determine whether such travelers are admissible to
the United States under section 212 of the Immigration and
Nationality Act (8 U.S.C. 1182). Consideration shall be given to
the feasibility of expanding the preclearance program to include
the preclearance both of foreign nationals traveling to Canada
and foreign nationals traveling to Mexico.
(2) Preinspection.--The feasibility of expanding
preinspection facilities at foreign airports as described in
section 235A of the Immigration and Nationality Act (8 U.S.C.
1225). Consideration shall be given to the feasibility of
expanding preinspections to foreign nationals on air flights
destined for Canada and Mexico, and the cross training and
funding of inspectors from Canada and Mexico.
(3) Conditions.--A determination of the measures necessary
to ensure that the conditions required by section 235A(a)(5) of
the Immigration and Nationality Act (8 U.S.C. 1225a(a)(5)) are
satisfied, including consultation with experts recognized for
their expertise regarding the conditions required by that
section.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the President shall submit to the appropriate committees of
Congress a report setting forth the findings of the study conducted
under subsection (a).
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 402. PASSENGER MANIFESTS.
(a) In General.--Section 231 of the Immigration and Nationality Act
(8 U.S.C. 1221(a)) is amended--
(1) by striking subsections (a), (b), (d), and (e);
(2) by redesignating subsection (c) as subsection (j); and
(3) by striking ``Sec. 231.'' and inserting the following:
``Sec. 231. (a) Arrival Manifests.--For each commercial vessel or
aircraft transporting any person to any seaport or airport of
[[Page 116 STAT. 558]]
the United States from any place outside the United States, it shall be
the duty of an appropriate official specified in subsection (d) to
provide to any United States border officer (as defined in subsection
(i)) at that port manifest information about each passenger, crew
member, and other occupant transported on such vessel or aircraft prior
to arrival at that port.
``(b) Departure Manifests.--For each commercial vessel or aircraft
taking passengers on board at any seaport or airport of the United
States, who are destined to any place outside the United States, it
shall be the duty of an appropriate official specified in subsection (d)
to provide any United States border officer (as defined in subsection
(i)) before departure from such port manifest information about each
passenger, crew member, and other occupant to be transported.
``(c) Contents of Manifest.--The information to be provided with
respect to each person listed on a manifest required to be provided
under subsection (a) or (b) shall include--
``(1) complete name;
``(2) date of birth;
``(3) citizenship;
``(4) sex;
``(5) passport number and country of issuance;
``(6) country of residence;
``(7) United States visa number, date, and place of
issuance, where applicable;
``(8) alien registration number, where applicable;
``(9) United States address while in the United States; and
``(10) such other information the Attorney General, in
consultation with the Secretary of State, and the Secretary of
Treasury determines as being necessary for the identification of
the persons transported and for the enforcement of the
immigration laws and to protect safety and national security.
``(d) Appropriate Officials Specified.--An appropriate official
specified in this subsection is the master or commanding officer, or
authorized agent, owner, or consignee, of the commercial vessel or
aircraft concerned.
``(e) Deadline for Requirement of Electronic Transmission of
Manifest Information.--Not later than January 1, 2003, manifest
information required to be provided under subsection (a) or (b) shall be
transmitted electronically by the appropriate official specified in
subsection (d) to an immigration officer.
``(f) Prohibition.--No operator of any private or public carrier
that is under a duty to provide manifest information under this section
shall be granted clearance papers until the appropriate official
specified in subsection (d) has complied with the requirements of this
subsection, except that, in the case of commercial vessels or aircraft
that the Attorney General determines are making regular trips to the
United States, the Attorney General may, when expedient, arrange for the
provision of manifest information of persons departing the United States
at a later date.
``(g) Penalties Against Noncomplying Shipments, Aircraft, or
Carriers.--If it shall appear to the satisfaction of the Attorney
General that an appropriate official specified in subsection (d), any
public or private carrier, or the agent of any transportation line, as
the case may be, has refused or failed to provide manifest information
required by subsection (a) or (b), or that the manifest
[[Page 116 STAT. 559]]
information provided is not accurate and full based on information
provided to the carrier, such official, carrier, or agent, as the case
may be, shall pay to the Commissioner the sum of $1,000 for each person
with respect to whom such accurate and full manifest information is not
provided, or with respect to whom the manifest information is not
prepared as prescribed by this section or by regulations issued pursuant
thereto. No commercial vessel or aircraft shall be granted clearance
pending determination of the question of the liability to the payment of
such penalty, or while it remains unpaid, and no such penalty shall be
remitted or refunded, except that clearance may be granted prior to the
determination of such question upon the deposit with the Commissioner of
a bond or undertaking approved by the Attorney General or a sum
sufficient to cover such penalty.
``(h) Waiver.--The Attorney General may waive the requirements of
subsection (a) or (b) upon such circumstances and conditions as the
Attorney General may by regulation prescribe.
``(i) United States Border Officer Defined.--In this section, the
term `United States border officer' means, with respect to a particular
port of entry into the United States, any United States official who is
performing duties at that port of entry.''.
(b) <<NOTE: President. 8 USC 1221 note.>> Extension to Land
Carriers.--
(1) Study.--The President shall conduct a study regarding
the feasibility of extending the requirements of subsections (a)
and (b) of section 231 of the Immigration and Nationality Act (8
U.S.C. 1221), as amended by subsection (a), to any commercial
carrier transporting persons by land to or from the United
States. The study shall focus on the manner in which such
requirement would be implemented to enhance the national
security of the United States and the efficient cross-border
flow of commerce and persons.
(2) <<NOTE: Deadline.>> Report.--Not later than two years
after the date of enactment of this Act, the President shall
submit to Congress a report setting forth the findings of the
study conducted under paragraph (1).
(c) <<NOTE: Applicability. 8 USC 1221 note.>> Effective Date.--The
amendments made by subsection (a) shall apply with respect to persons
arriving in, or departing from, the United States on or after the date
of enactment of this Act.
SEC. 403. TIME PERIOD FOR INSPECTIONS.
(a) Repeal of Time Limitation on Inspections.--Section 286(g) of the
Immigration and Nationality Act (8 U.S.C. 1356(g)) is amended by
striking ``, within forty-five minutes of their presentation for
inspection,''.
(b) <<NOTE: 8 USC 1752.>> 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.
[[Page 116 STAT. 560]]
SEC. <<NOTE: 8 USC 1753.>> 404. JOINT UNITED STATES-CANADA PROJECTS FOR
ALTERNATIVE INSPECTIONS SERVICES.
(a) In General.--United States border inspections agencies,
including the Immigration and Naturalization Service, acting jointly and
under an agreement of cooperation with the Government of Canada, may
conduct joint United States-Canada inspections projects on the
international border between the two countries. Each such project may
provide alternative inspections services and shall undertake to
harmonize the criteria for inspections applied by the two countries in
implementing those projects.
(b) Annual report.--The Attorney General and the Secretary of the
Treasury shall prepare and submit annually to Congress a report on the
joint United States-Canada inspections projects conducted under
subsection (a).
(c) Exemption <<NOTE: Federal Register, publication.>> from
Administrative Procedure Act and Paperwork Reduction Act.--Subchapter II
of chapter 5 of title 5, United States Code (commonly referred to as the
``Administrative Procedure Act'') and chapter 35 of title 44, United
States Code (commonly referred to as the ``Paperwork Reduction Act'')
shall not apply to fee setting for services and other administrative
requirements relating to projects described in subsection (a), except
that fees and forms established for such projects shall be published as
a notice in the Federal Register.
TITLE V--FOREIGN STUDENTS AND EXCHANGE VISITORS
SEC. <<NOTE: 8 USC 1761.>> 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;
[[Page 116 STAT. 561]]
``(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 <<NOTE: Deadline.>> requirements.--Not
later than 30 days after the deadline for registering for
classes for an academic term of an approved institution of
higher education or other approved educational institution for
which documentation is issued for an alien as described in
paragraph (3)(A), or the scheduled commencement of participation
by an alien in a designated exchange visitor program, as the
case may be, the institution or program, respectively, shall
report to the Immigration and Naturalization Service any failure
of the alien to enroll or to commence participation.''.
(2) Additional requirements for data to be collected.--
Section 641(c)(1) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(c)(1)) is
amended--
(A) by striking ``and'' at the end of subparagraph
(C);
(B) by striking the period at the end of
subparagraph (D) and inserting ``; and''; and
(C) by adding at the end the following:
``(E) the date of entry and port of entry;
``(F) the date of the alien's enrollment in an
approved institution of higher education, other approved
educational institution, or designated exchange visitor
program in the United States;
``(G) the degree program, if applicable, and field
of study; and
``(H) the date of the alien's termination of
enrollment and the reason for such termination
(including graduation, disciplinary action or other
dismissal, and failure to re-enroll).''.
(3) Reporting requirements.--Section 641(c) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1372(c)) is amended by adding at the end the following
new paragraph:
``(5) Reporting <<NOTE: Regulations.>> 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.
[[Page 116 STAT. 562]]
(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 <<NOTE: Deadlines.>> Program.--
(1) In <<NOTE: Applicability.>> general.--Not later than 120
days after the date of enactment of this Act and until such time
as the system described in section 641 of the Illegal
Immigration Reform and Immigrant Responsibility Act (as amended
by subsection (a)) is fully implemented, the following
requirements shall apply:
(A) Restrictions on issuance of visas.--A visa may
not be issued to an alien under subparagraph (F),
subparagraph (M), or, with respect to an alien seeking
to attend an approved institution of higher education,
subparagraph (J) of section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)),
unless--
(i) the Department of State has received from
an approved institution of higher education or
other approved educational institution electronic
evidence of documentation of the alien's
acceptance at that institution; and
(ii) the consular officer has adequately
reviewed the applicant's visa record.
(B) Notification upon visa issuance.--Upon the
issuance of a visa under section 101(a)(15) (F) or (M)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(F) or (M)) to an alien, the Secretary of
State shall transmit to the Immigration and
Naturalization Service a notification of the issuance of
that visa.
(C) Notification upon admission of alien.--The
Immigration and Naturalization Service shall notify the
approved institution of higher education or other
approved educational institution that an alien accepted
for such institution or program has been admitted to the
United States.
(D) Notification of failure of enrollment.--Not
later than 30 days after the deadline for registering
for classes for an academic term, the approved
institution of higher education or other approved
educational institution shall inform the Immigration and
Naturalization Service through data-sharing arrangements
of any failure of any alien described in subparagraph
(C) to enroll or to commence participation.
(2) Requirement to submit list of approved institutions.--
Not later than 30 days after the date of enactment of this Act,
the Attorney General shall provide the Secretary of State with a
list of all approved institutions of higher education and other
approved educational institutions that are authorized to receive
nonimmigrants under section 101(a)(15) (F) or (M) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F) or
(M)).
(3) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
[[Page 116 STAT. 563]]
SEC. <<NOTE: 8 USC 1762.>> 502. REVIEW OF INSTITUTIONS AND OTHER
ENTITIES AUTHORIZED TO ENROLL OR SPONSOR CERTAIN
NONIMMIGRANTS.
(a) Periodic <<NOTE: Deadline.>> Review of Compliance.--Not later
than two years after the date of enactment of this Act, and every two
years thereafter, the Commissioner of Immigration and Naturalization, in
consultation with the Secretary of Education, shall conduct a review of
the institutions certified to receive nonimmigrants under section
101(a)(15) (F), (M), or (J) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(F), (M), or (J)). Each review shall determine whether
the institutions are in compliance with--
(1) recordkeeping and reporting requirements to receive
nonimmigrants under section 101(a)(15) (F), (M), or (J) of that
Act (8 U.S.C. 1101(a)(15)(F), (M), or (J)); and
(2) recordkeeping and reporting requirements under section
641 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372).
(b) Periodic Review of Sponsors of Exchange Visitors.--
(1) Requirement <<NOTE: Deadline.>> for reviews.--Not later
than two years after the date of enactment of this Act, and
every two years thereafter, the Secretary of State shall conduct
a review of the entities designated to sponsor exchange visitor
program participants under section 101(a)(15)(J) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J)).
(2) Determinations.--On the basis of reviews of entities
under paragraph (1), the Secretary shall determine whether the
entities are in compliance with--
(A) recordkeeping and reporting requirements to
receive nonimmigrant exchange visitor program
participants under section 101(a)(15)(J) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(J)); and
(B) recordkeeping and reporting requirements under
section 641 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1372).
(c) Effect of Material Failure To Comply.--Material failure of an
institution or other entity to comply with the recordkeeping and
reporting requirements to receive nonimmigrant students or exchange
visitor program participants under section 101(a)(15) (F), (M), or (J)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15) (F), (M),
or (J)), or section 641 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372), shall result in the
suspension for at least one year or termination, at the election of the
Commissioner of Immigration and Naturalization, of the institution's
approval to receive such students, or result in the suspension for at
least one year or termination, at the election of the Secretary of
State, of the other entity's designation to sponsor exchange visitor
program participants, as the case may be.
[[Page 116 STAT. 564]]
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. <<NOTE: 8 USC 1771.>> 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 <<NOTE: Deadline.>> 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. <<NOTE: 8 USC 1772.>> 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 <<NOTE: Deadline.>> 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 116 STAT. 565]]
SEC. 604. <<NOTE: 8 USC 1773.>> 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. <<NOTE: Deadlines. 8 USC 1774.>> 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. <<NOTE: 8 USC 1775.>> RETENTION OF NONIMMIGRANT VISA
APPLICATIONS BY THE DEPARTMENT OF STATE.
The Department of State shall retain, for a period of seven years
from the date of application, every application for a nonimmigrant visa
under section 101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)) in a form that will be admissible in the courts of
the United States or in administrative proceedings, including removal
proceedings under such Act, without regard to whether the application
was approved or denied.
Approved May 14, 2002.
LEGISLATIVE HISTORY--H.R. 3525:
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CONGRESSIONAL RECORD:
Vol. 147 (2001):
Dec. 19, considered and passed
House.
Vol. 148 (2002):
Apr. 12, 15, 17, considered and
passed Senate, amended.
May 7, 8, House considered and
concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
May 14, Presidential remarks.
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