Text: H.R.3525 — 107th Congress (2001-2002)All Information (Except Text)

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Public Law No: 107-173 (05/14/2002)

 
[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:
---------------------------------------------------------------------------

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.

                                  <all>