2000
[DOCID: f:s1749is.txt]
107th CONGRESS
1st Session
S. 1749
To enhance the border security of the United States, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 30, 2001
Mr. Kennedy (for himself, Mr. Brownback, Mrs. Feinstein, Mr. Kyl, Mr.
Leahy, Mr. Hatch, Mr. Edwards, Mr. Helms, Mr. Durbin, Mr. Thurmond, Mr.
Conrad, Mr. Bond, Mrs. Clinton, Mr. Sessions, Mr. DeWine, and Mrs.
Hutchison) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To enhance the border security of the United States, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Enhanced Border
Security and Visa Entry Reform Act of 2001''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Definitions.
TITLE I--FUNDING
Sec. 101. Authorization of appropriations for hiring and training
Government personnel.
Sec. 102. Authorization of appropriations for improvements in
technology and infrastructure.
Sec. 103. Machine-readable visa fees.
TITLE II--INTERAGENCY INFORMATION SHARING
Sec. 201. Interim measures for access to and coordination of law
enforcement and other information.
Sec. 202. Interoperable law enforcement and intelligence data system
with name-matching capacity and training.
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 admissibility of 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.
TITLE IV--ADMISSION AND INSPECTION OF ALIENS
Sec. 401. Study of the feasibility of a North American Perimeter
National Security Program.
Sec. 402. Passenger manifests.
Sec. 403. Prearrival messages from other vessels destined to United
States ports.
Sec. 404. Time period for inspections.
TITLE V--FOREIGN STUDENTS AND EXCHANGE VISITORS
Sec. 501. Foreign student monitoring program.
Sec. 502. Review of institutions and other entities authorized to
enroll or sponsor certain nonimmigrants.
TITLE VI--MISCELLANEOUS PROVISIONS
Sec. 601. Treatment of immigration inspectors as law enforcement
officers for purposes of Federal retirement
benefits.
Sec. 602. Extension of deadline for improvement in border crossing
identification cards.
Sec. 603. General Accounting Office study.
Sec. 604. International cooperation.
SEC. 2. DEFINITIONS.
In this Act:
(1) 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.
(2) 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)).
(3) President.--The term ``President'' means the President
of the United States, acting through the Director of the Office
of Homeland Security, in conjunction 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, and the
Secretary of the Treasury.
(4) USA PATRIOT Act.--The term ``USA PATRIOT Act'' means
the Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT
ACT) Act of 2001 (Public Law 107-56).
TITLE I--FUNDING
SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR HIRING AND TRAINING
GOVERNMENT PERSONNEL.
(a) Additional Personnel.--
(1) INS inspectors.--During each of fiscal years 2002
through 2006, the Attorney General shall increase the number of
inspectors and associated support staff in the Immigration and
Naturalization Service by the equivalent of at least 200 full-
time employees over the number of inspectors and associated
support staff in the Immigration and Naturalization Service as
of the end of the preceding fiscal year.
(2) INS investigative personnel.--During each of fiscal
years 2002 through 2006, the Attorney General shall increase
the number of investigative and associated support staff of the
Immigration and Naturalization Service by the equivalent of at
least 200 full-time employees over the number of investigators
and associated support staff in the Immigration and
Naturalization Service as of the end of the preceding fiscal
year.
(3) Customs service inspectors.--During each of fiscal
years 2002 through 2006, the Secretary of the Treasury shall
increase the number of inspectors and associated support staff
in the United States Customs Service by the equivalent of at
least 200 full-time employees over the number of inspectors and
associated support staff in the United States Customs Service
as of the end of the preceding fiscal year.
(4) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
(b) Waiver of FTE Limitation.--The Attorney General is authorized
to waive any limitation on the number of full-time equivalent personnel
assigned to the Immigration and Naturalization Service.
(c) Authorization of Appropriations for INS Staffing.--
(1) In general.--There are authorized to be appropriated
for the Department of Justice such sums as may be necessary to
provide an increase in the annual rate of basic pay--
(A) for all journeyman Border Patrol agents and
inspectors who have completed at least one year's
service and are receiving an annual rate of basic pay
for positions at GS-9 of the General Schedule under
section 5332 of title 5, United States Code, from the
annual rate of basic pay payable for positions at GS-9
of the General Schedule under such section 5332, to an
annual rate of basic pay payable for positions at GS-11
of the General Schedule under such section 5332;
(B) for inspections assistants, from the annual
rate of bas
2000
ic pay payable for positions at GS-5 of the
General Schedule under section 5332 of title 5, United
States Code, to an annual rate of basic pay payable for
positions at GS-7 of the General Schedule under such
section 5332; and
(C) for the support staff associated with the
personnel described in subparagraphs (A) and (B), at
the appropriate GS level of the General Schedule under
such section 5332.
(d) Authorization of Appropriations for Training.--There are
authorized to be appropriated such sums as may be necessary--
(1) to appropriately train Border Patrol personnel, United
States Customs Service personnel, and Immigration inspectors on
an ongoing basis to ensure that their proficiency levels are
acceptable to protect the borders of the United States;
(2) to provide adequate continuing cross-training to
agencies staffing the United States ports of entry to
effectively and correctly apply applicable United States laws;
(3) to fully train immigration inspectors to use the
appropriate lookout databases and to monitor passenger traffic
patterns; and
(4) to expand the Carrier Consultant Program described in
section 235(b) of the Immigration and Nationality Act (8 U.S.C.
1225A(b)).
(e) Authorization of Appropriations for Consular Functions.--
(1) Responsibilities.--The Secretary of State shall--
(A) implement enhanced security measures for the
review of visa applicants;
(B) enhance the interface between United States and
international intelligence information;
(C) staff the facilities and programs associated
with the activities described in subparagraphs (A) and
(B); and
(D) provide ongoing training for consular officers.
(2) Authorization of appropriations.--There are authorized
to be appropriated for the Department of State such sums as may
be necessary to carry out paragraph (1).
SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR IMPROVEMENTS IN
TECHNOLOGY AND INFRASTRUCTURE.
(a) Funding of Technology.--
(1) Authorization of appropriations.--In addition to funds
otherwise available for such purpose, there are authorized to
be appropriated $150,000,000 to the Immigration and
Naturalization Service, and $150,000,000 to the United States
Customs 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 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 enrollment fees for technology-based
programs to encourage alien participation in such programs.
(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 appropriated to the Immigration and
Naturalization Service, the United States Customs 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.
(c) Readers and Scanners at Ports of Entry.--
(1) In general.--Not later than October 26, 2003, the
Attorney General shall install equipment and software to allow
biometric comparison of all travel documents issued to aliens
at all ports of entry of the United States.
(2) Use of readers and scanners.--The Attorney General
shall utilize biometric data readers and scanners that the
National Institute of Standards and Technology has determined
to be highly accurate when used to verify identity.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Department of Justice and the
Department of State such sums as may be necessary to carry out
this subsection.
SEC. 103. MACHINE-READABLE VISA FEES.
(a) Relation to Subsequent Authorization Acts.--Section 140(a) of
the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995
(Public Law 103-236) is amended by striking paragraph (3).
(b) Fee Amount.--The machine-readable visa fee charged by the
Department of State shall be the higher of $65 or the cost of the
machine-readable visa service, as determined by the Secretary of State
after conducting a study of the cost of such service.
(c) Surcharge.--The Department of State is authorized to charge a
surcharge of $10, in addition to the machine-readable visa fee, for
issuing a machine-readable visa in a nonmachine-readable passport.
(d) Availability of Collected Fees.--Notwithstanding any other
provision of law, amounts collected as fees described in this
subsection shall be credited as an offsetting collection to any
appropriation for the Department of State to recover costs of providing
consular services. Amounts so credited shall be available, until
expended, for the same purposes as the appropriation to which credited.
TITLE II--INTERAGENCY INFORMATION SHARING
SEC. 201. INTERIM MEASURES FOR ACCESS TO AND COORDINATION OF LAW
ENFORCEMENT AND OTHER INFORMATION.
(a) Interim Directive.--Until the plan required by subsection (c)
is implemented, United States law enforcement agencies and the
intelligence community shall, to the maximum extent practicable, share
any information with the Department of State and the Immigration and
Naturalization Service relevant to the admissibility and deportability
of aliens, consistent with the plan described in subsection (c).
(b) Report Identifying Law Enforcement and Intelligence
Information.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the President shall submit to the
appropriate committees of Congress a report identifying United
States law enforcement and the intelligence community
information, including information available through foreign
and international counterpart agencies and organizations,
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. The report shall also make specific
recommendations regarding the selection and use of biometric
identifiers as described in section 303 that the National
Institute of Standards and Technology has determined to be
highly accurate when used to verify identity.
(2) Repeal.--Section 414(d) of the USA PATRIOT Act is
hereby repealed.
(c) Coordination Plan.--
(1) Requirement for plan.--Not later than one year after
the date of enactment of the USA PATRIOT Act, the President
shall develop and implement a plan based on the findings of the
report under subsection (b) that requires United States law
enforcement agencies and the intelligence community to provide
to the Department of State and the Immigration and
Natu
2000
ralization Service all information identified in that
report as expeditiously as practicable.
(2) Consultation requirement.--In the preparation and
implementation of the plan under this subsection, the President
shall consult with the appropriate committees of Congress.
(3) Protections regarding information and uses thereof.--
The plan under this subsection shall establish conditions for
using the information described in subsection (b) received by
the Department of State and Immigration and Naturalization
Service--
(A) to limit the redissemination of such
information;
(B) to ensure that such information is used solely
to determine whether to issue a visa to an alien or to
determine the admissibility or deportability of an
alien to the United States, except as otherwise
authorized under Federal law;
(C) to ensure the accuracy, security, and
confidentiality of such information;
(D) to protect any privacy rights of individuals
who are subjects of such information;
(E) to provide for the timely removal and
destruction of obsolete or inaccurate information; and
(F) in a manner that protects the sources and
methods used to acquire intelligence information as
required by section 103(c)(6) of the National Security
Act of 1947 (50 U.S.C. 403-3(c)(6)).
(4) Criminal penalties for misuse of information.--Any
person who obtains information under this subsection without
authorization or exceeding authorized access (as defined in
section 1030(e) of title 18, United States Code), and who uses
such information in the manner described in any of the
paragraphs (1) through (7) of section 1030(a) of such title, or
attempts to use such information in such manner, shall be
subject to the same penalties as are applicable under section
1030(c) of such title for violation of that paragraph.
(5) Advancing deadlines for a technology standard and
report.--Section 403(c) of the USA PATRIOT Act is amended--
(1) in paragraph (1), by striking ``2 years'' and
inserting ``one year''; and
(2) in paragraph (4), by striking ``18 months'' and
inserting ``six months''.
SEC. 202. INTEROPERABLE LAW ENFORCEMENT AND INTELLIGENCE DATA SYSTEM
WITH NAME-MATCHING CAPACITY AND TRAINING.
(a) Interoperable Law Enforcement and Intelligence Electronic Data
System.--
(1) Requirement for interoperable data system.--Upon the
date of commencement of implementation of the plan required by
section 201(c), the President shall develop and implement an
interoperable electronic data system to provide current and
immediate access to information in databases of United States
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.
(2) 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.
(3) Technology standard.--
(A) In general.--The data system developed and
implemented under this subsection, and the databases
referred to in paragraph (1), shall utilize the
technology standard established pursuant to section
403(c) of the USA PATRIOT Act, as amended by section
201(c)(5) and subparagraph (B).
(B) Conforming amendment.--Section 403(c) of the
USA PATRIOT Act, as amended by section 201(c)(5), is
further amended--
(i) in paragraph (1), by inserting ``,
including appropriate biometric standards,''
after ``technology standard''; and
(ii) in paragraph (2) --
(I) by striking ``Integrated'' and
inserting ``Interoperable''; and
(II) by striking ``integrated'' and
inserting ``interoperable''.
(4) Access to information in data system.--Subject to
paragraph (5), 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 the admissibility or deportability of an
alien to 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.
(5) Limitation on access.--The President shall establish
procedures to restrict access to intelligence information in
the data system under this subsection, and the databases
referred to in paragraph (1), under circumstances in which such
information is not to be disclosed directly to Government
officials under paragraph (4).
(b) Name-Search Capacity and Support.--
(1) In general.--The interoperable electronic data system
required by subsection (a) shall--
(A) have the capacity to compensate for disparate
name formats among the different databases referred to
in subsection (a);
(B) be searchable on a linguistically sensitive
basis;
(C) provide adequate user support;
(D) to the extent practicable, utilize commercially
available technology; and
(E) be adjusted and improved, based upon experience
with the databases and improvements in the underlying
technologies and sciences, on a continuing basis.
(2) Linguistically sensitive searches.--
(A) In general.--To satisfy the requirement of
paragraph (1)(B), the interoperable electronic database
shall be searchable based on linguistically sensitive
algorithms that--
(i) account for variations in name formats
and transliterations, including varied
spellings and varied separation or combination
of name elements, within a particular language;
and
(ii) incorporate advanced linguistic,
mathematical, statistical, and anthropological
research and methods.
(B) Languages required.--
(i) Priority languages.--Linguistically
sensitive algorithms shall be developed and
implemented for no fewer than 4 languages
designated as high priorities by the Secretary
of State, 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)--
2000
(I) the two highest priority
language algorithms shall be
implemented within 12 months after the
date of enactment of this Act; and
(II) an additional language
algorithm shall be implemented each
succeeding year for the next two years.
(3) Adequate user support.--To satisfy the requirement of
paragraph (1)(C), the interoperable electronic data system
shall provide--
(A) authoritative, easily accessed information
about the nature, structure, and likely gender of names
in different languages, including at least those
languages specified pursuant to paragraph (2)(B); and
(B) a means for communication of questions to
Government experts.
(4) Interim reports.--Six months after the date of
enactment of this Act, the President shall submit a report to
the appropriate committees of Congress on the progress in
implementing each requirement of this section.
(5) Reports by intelligence agencies.--
(A) Current standards.--Not later than 60 days
after the date of enactment of this Act, the Director
of Central Intelligence shall complete the survey and
issue the report previously required by section 309(a)
of the Intelligence Authorization Act for Fiscal Year
1998 (50 U.S.C. 403-3 note).
(B) Guidelines.--Not later than 120 days after the
date of enactment of this Act, the Director of
Intelligence shall issue the guidelines and submit the
copy of those guidelines previously required by section
309(b) of the Intelligence Authorization Act for Fiscal
Year 1998 (50 U.S.C. 403-3 note).
(6) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out the
provisions of this subsection.
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 consular officer issuing a visa to an alien shall provide
to the Service an electronic version of the alien's visa file to ensure
that the data in that visa file is available to immigration inspectors
at the United States ports of entry before the arrival of the alien at
such a port of entry.''.
SEC. 302. IMPLEMENTATION OF AN INTEGRATED ENTRY AND EXIT DATA SYSTEM.
(a) Development of System.--In developing the integrated entry and
exit data system for the ports of entry, as required by the Immigration
and Naturalization Service Data Management Improvement Act of 2000
(Public Law 106-215), the Attorney General and the Secretary of State
shall--
(1) implement, fund, and use a technology standard under
section 403(c) of the USA PATRIOT Act (as amended by sections
201(c)(5) and 202(a)(3)(B)) at United States ports of entry and
at consular posts abroad;
(2) establish a database containing the arrival and
departure data from machine-readable visas, passports, and
arrival-departure records; 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 utilize--
(1) technologies that facilitate the lawful cross-border
movement of persons and commerce without compromising the
safety and security of the United States; and
(2) consider implementing the North American Perimeter
National Security Program described in section 401.
SEC. 303. MACHINE-READABLE, TAMPER-RESISTANT ENTRY AND EXIT DOCUMENTS.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Attorney General and the Secretary of State shall each
submit a report to the appropriate committees of Congress containing a
schedule, and a statement of the costs, with respect to the department
that the official heads, for--
(1) the full implementation of the requirements of
subsection (b); and
(2) the full deployment of the equipment and software to
allow biometric comparison of the documents described in
subsection (b).
(b) Requirements.--Not later than October 26, 2003, the Attorney
General and the Secretary of State shall commence--
(1) the issuance of machine-readable, tamper-resistant
travel documents issued to aliens that use standardized
biometric identifiers pursuant to the recommendations in
section 201(b); and
(2) requiring aliens who seek to enter the United States
under the visa waiver program established under section 217 of
the Immigration and Nationality Act to possess tamper-
resistant, machine-readable passports using standardized
biometric identifiers pursuant to that section.
(c) Use of Technology Standard.--The systems employed to implement
subsection (b) shall utilize the technology standard established
pursuant to section 403(c) of the USA PATRIOT Act, as amended by
section 201(c)(5) and 202(a)(3)(B).
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 304. TERRORIST LOOKOUT COMMITTEES.
(a) Establishment.--Not later than 30 days after the date of
enactment of this Act, the Secretary of State shall establish a
terrorist lookout committee within each United States mission to a
foreign country in which there is a United States consular post.
(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 potential terrorists and to develop
information on those individuals;
(2) to ensure that the names of known and suspected
terrorists are routinely and consistently brought to the
attention of the appropriate United States consular post in
that country; and
(3) to ensure that the names of known and suspected
terrorists are entered into the appropriate lookout databases.
(c) Composition; Chair.--Each committee shall be composed of
representatives of appropriate entities at the United States mission in
the country in which the consular post is located, including
representatives of relevant law enforcement and intelligence entities,
and shall be chaired by the deputy chief of mission or principal
officer of that post.
(d) Meetings.--The committee shall meet at least monthly to share
information pertaining to the committee's purpose as described in
paragraph (2). The pendency of a scheduled meeting shall not be grounds
for any entity to withhold urgent or otherwise time-sensitive
information.
(e) Periodic Reports.--The committee shall submit quarterly reports
to the Secretary of State describing the committee's activities,
whether or not information on known or suspected terrorists was
developed during the quarter.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may
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be necessary to implement this section.
SEC. 305. IMPROVED TRAINING FOR CONSULAR OFFICERS.
(a) Training.--The Secretary of State shall require that all
consular officers, 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 communication 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 Director of the Office of Homeland
Security, United States law enforcement agencies, and the intelligence
community to compile and disseminate to the Bureau of Consular Affairs
reports, bulletins, updates, and other current unclassified information
relevant to terrorists and terrorism and to screening visa applicants
who pose a potential threat to the safety or security of the United
States.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to implement this section.
SEC. 306. RESTRICTION ON ADMISSIBILITY OF NONIMMIGRANTS FROM COUNTRIES
THAT ARE STATE SPONSORS OF INTERNATIONAL TERRORISM.
(a) In General.--No nonimmigrant visa shall be issued to any alien
from a country that is a state sponsor of international terrorism
unless it has been determined that such alien does not pose a threat to
the safety or national security of the United States according to
standards developed by the Secretary of State, in consultation with the
Attorney General, and applicable to nationals of such states. In
addition to the consultation required under the preceding sentence, any
determination made by the Secretary of State or the Attorney General
under this subsection shall be made in consultation with the heads of
other appropriate United States agencies, using standards applicable to
nationals of such states.
(b) State Sponsor of International Terrorism Defined.--
(1) In general.--In this section, the term ``state sponsor
of international terrorism'' means any country the government
of which has been determined by the Secretary of State under
any of the laws specified in paragraph (2) to have repeatedly
provided support for acts of international terrorism.
(2) Laws under which determinations were made.--The laws
specified in this paragraph are the following:
(A) Section 6(j)(1)(A) of the Export Administration
Act of 1979 (or successor statute).
(B) Section 40(d) of the Arms Export Control Act.
(C) Section 620A(a) of the Foreign Assistance Act
of 1961.
SEC. 307. DESIGNATION OF PROGRAM COUNTRIES UNDER THE VISA WAIVER
PROGRAM.
(a) In General.--As a condition of a country's initial designation
or continued designation for participation in the visa waiver program
under section 217 of the Immigration and Nationality Act, the Attorney
General and the Secretary of State shall consider whether the country
reports to the United States Government on a timely basis the theft of
blank passports issued by that country.
(b) Check of Lookout Databases.--Prior to the admission of an alien
under the visa waiver program established under section 217 of the
Immigration and Nationality Act, the Immigration and Naturalization
Service shall determine that the applicant for admission does not
appear in any of the appropriate lookout databases.
SEC. 308. TRACKING SYSTEM FOR STOLEN PASSPORTS.
(a) Entering Stolen Passport Identification Numbers in the
Interoperable Data System.--Not later than 72 hours after receiving
notification of the loss or theft of a passport, the Attorney General
shall enter into the interoperable law enforcement and intelligence
data system established in section 202 the corresponding identification
number for the stolen passport.
(b) Transition Period.--Until such time as the 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.
TITLE IV--ADMISSION AND INSPECTION OF ALIENS
SEC. 401. STUDY OF THE FEASIBILITY OF A NORTH AMERICAN PERIMETER
NATIONAL SECURITY PROGRAM.
(a) In General.--The Secretary of State, the Secretary of the
Treasury, the Attorney General, and the Commissioner of Immigration and
Naturalization, in consultation with the Director of the Office of
Homeland Security, shall jointly conduct a study of the feasibility of
establishing a North American Perimeter National Security Program to
enhance the mutual security and safety of the United States, Canada,
and Mexico.
(b) Study Elements.--In conducting the study required by subsection
(a), the officials specified in subsection (a) shall consider the
following:
(1) Preclearance.--The feasibility of establishing a
program enabling foreign national travelers to the United
States to submit voluntarily to a preclearance procedure established by
the Department of State and the Immigration and Naturalization Service
to determine whether such traveler is 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.
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 180 days after the date of enactment of
this Act, the Secretary of State, the Secretary of the Treasury, the
Attorney General, and the Commissioner of Immigration and
Naturalization shall, in consultation with the Director of the Office
of Homeland Security, jointly submit to the Committees on the Judiciary
of the House of Representatives and the Senate 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 inserting after ``Sec. 231.'' the following new
subsections: ``(a) Arrival Manifests.--For each commercial
vessel or aircraft transporting any person to any seaport or
airport of the United States from any place outside the United
States, it shall be the duty of an official specified in
subsection (d) to provide to an immigration officer at that
port manifest information about each passe
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nger, crew member,
and other occupant transported on such vessel or aircraft prior
to arrival at that port.
``(b) Departure Manifests.--For each vessel or aircraft taking
passengers on board at any seaport or airport of the United States, who
are destined to any place outside the United States, it shall be the
duty of an appropriate official specified in subsection (d) to provide
an immigration officer before departure from such port manifest
information about each passenger, crew member, and other occupant to be
transported.
``(c) Contents of Manifest.--The information to be provided with
respect to each person listed on a manifest required to be provided
under subsection (a) or (b) shall include--
``(1) complete name;
``(2) date of birth;
``(3) citizenship;
``(4) sex;
``(5) passport number and country of issuance;
``(6) country of residence;
``(7) United States visa number, date, and place of
issuance, where applicable;
``(8) alien registration number, where applicable;
``(9) United States address while in the United States; and
``(10) such other information the Attorney General, in
consultation with the Secretary of State, and the Secretary of
Treasury determines as being necessary for the identification
of the persons transported and for the enforcement of the
immigration laws and to protect safety and national security.
``(d) Appropriate Officials Specified.--An appropriate official
specified in this subsection is the master or commanding officer, or
authorized agent, owner, or consignee, of the vessel or aircraft
concerned.
``(e) Extension to Land Carriers.--The Attorney General is
authorized to extend, by regulation, the requirements of subsection (a)
or (b) to any public or private carrier transporting persons by land to
or from the United States.
``(f) 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.
``(g) 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 vessels, aircraft, or land
carriers which 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.
``(h) Penalties Against Noncomplying Shipments, Aircraft, or
Carriers.--If it shall appear to the satisfaction of the Attorney
General that an appropriate official specified in subsection (d), any
public or private carrier, or the agent of any transportation line, as
the case may be, has refused or failed to provide manifest information
required by subsection (a) or (b), or that the manifest information
provided is not accurate and full, such official, carrier, or agent, as
the case may be, shall pay to the Commissioner the sum of $300 for each
person with respect to whom such accurate and full manifest information
is not provided, or with respect to whom the manifest information is
not prepared as prescribed by this section or by regulations issued
pursuant thereto. No vessel, aircraft, or land carrier shall be granted
clearance pending determination of the question of the liability to the
payment of such penalty, or while it remains unpaid, and no such
penalty shall be remitted or refunded, except that clearance may be
granted prior to the determination of such question upon the deposit
with the Commissioner of a bond or undertaking approved by the Attorney
General or a sum sufficient to cover such penalty.
``(i) Waiver.--The Attorney General may waive the requirements of
subsection (a) or (b) upon such circumstances and conditions as the
Attorney General may by regulation prescribe.''.
(b) 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. PREARRIVAL MESSAGES FROM OTHER VESSELS DESTINED TO UNITED
STATES PORTS.
Section 4(a)(5) of the Ports and Waterways Safety Act (33 U.S.C.
1223(a)(5)) is amended by striking paragraph (5) and inserting the
following:
``(5)(A) may require the receipt of prearrival messages
from any vessel destined for a port or place subject to the
jurisdiction of the United States, not later than 96 hours
before the vessel's arrival or such time as deemed necessary
under regulations promulgated by the Secretary to thoroughly
examine all information provided, which shall include with
respect to the vessel--
``(i) the route and name of each port and each
place of destination in the United States;
``(ii) the estimated date and time of arrival at
each port or place;
``(iii) the name of the vessel;
``(iv) the country of registry of the vessel;
``(v) the call sign of the vessel;
``(vi) the International Maritime Organization
(IMO) international number or, if the vessel does not
have an assigned IMO international number, the official
number of the vessel;
``(vii) the name of the registered owner of the
vessel;
``(viii) the name of the operator of the vessel;
``(ix) the name of the classification society of
the vessel;
``(x) a general description of the cargo on board
the vessel;
``(xi) in the case of certain dangerous cargo--
``(I) the name and description of the
dangerous cargo;
``(II) the amount of the dangerous cargo
carried;
``(III) the stowage location of the
dangerous cargo; and
``(IV) the operational condition of the
equipment under section 164.35 of title 33 of
the Code of Federal Regulations;
``(xii) the date of departure and name of the port
from which the vessel last departed;
``(xiii) the name and telephone number of a 24-hour
point of contact for each port included in the notice
of arrival;
``(xiv) the location or position of the vessel at
the time of the report;
``(xv) a list of crew members onboard the vessel
including with respect to each crew member--
``(I) the full name;
``(II) the date of birth;
``(III) the nationality;
``(IV) the passport number or mariners
document number; and
``(V) the position or duties;
``(xvi) a list of persons other than crew members
onboard the vessel including with respect to each such
person--
``(I) the full name;
``(II) the date of birth;
``(III) the nationality; and
``(IV) the passport number; and
``(xvii) any other information required by the
Secretary; and
``(B) any changes to the information required by
subparagraph
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(A), except changes in the arrival or departure
time of less than 6 hours, must be reported as soon as
practicable but not less than 24 hours before entering the port
of destination. The Secretary may deny entry of a vessel into
the territorial sea of the United States if the Secretary has
not received notification for the vessel in accordance with
this paragraph.''.
SEC. 404. TIME PERIOD FOR INSPECTIONS.
(a) Repeal of Time Limitation on Inspections.--Section 286(g) of
the Immigration and Nationality Act (8 U.S.C. 1356(g)) is amended by
striking ``, within forty-five minutes of their presentation for
inspection,''.
(b) Staffing Levels at Ports of Entry.--The Immigration and
Naturalization Service shall staff ports of entry at such levels that
would be adequate to meet traffic flow and inspection time objectives
without compromising the safety and security of the United States.
TITLE V--FOREIGN STUDENTS AND EXCHANGE VISITORS
SEC. 501. FOREIGN STUDENT MONITORING PROGRAM.
(a) Strengthening Requirements for Implementation of Monitoring
Program.--
(1) Monitoring and verification of information.--Section
641(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372(a)) is amended by
adding at the end the following:
``(3) Aliens for whom a visa is required.--The Attorney
General, in consultation with the Secretary of State, shall
establish an electronic means to monitor and verify--
``(A) the issuance of documentation of acceptance
of a foreign student by an approved institution of
higher education or other approved educational
institution, or of an exchange visitor program
participant by a designated exchange visitor program;
``(B) the transmittal of the documentation referred
to in subparagraph (A) to the Department of State for
use by the Bureau of Consular Affairs;
``(C) the issuance of a visa to a foreign student
or an exchange visitor program participant;
``(D) the admission into the United States of the
foreign student or exchange visitor program
participant;
``(E) the notification to an approved institution
of higher education, other approved educational
institution, or exchange visitor program that the
foreign student or exchange visitor participant has
been admitted into the United States;
``(F) the registration and enrollment of that
foreign student in such approved institution of higher
education or other approved educational institution, or
the participation of that exchange visitor program in
such designated exchange visitor program, as the case
may be; and
``(G) any other relevant act by the foreign student
or exchange visitor program participant, including a
changing of school or designated exchange visitor
program and any termination of studies or participation
in a designated exchange visitor program.
``(4) Reporting requirements.--Not later than 30 days after
the deadline for registering for classes for an academic term
of an approved institution of higher education or other
approved educational institution for which documentation is
issued for an alien as described in paragraph (3)(A), or the
scheduled commencement of participation by an alien in a
designated exchange visitor program, as the case may be, the
institution or program, respectively, shall report to the
Immigration and Naturalization Service any failure of the alien
to enroll or to commence participation.''.
(2) Additional requirements for data to be collected.--
Section 641(c)(1) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 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 is
amended by adding at the end the following new paragraph:
``(5) Reporting requirements.--The Attorney General shall
prescribe by regulation reporting requirements by taking into
account the curriculum calendar of the approved institution of
higher education, other approved educational institution, or
exchange visitor program.''.
(b) Information Required of the Visa Applicant.--Prior to the
issuance of a visa under section 101(a)(15) (F) or (M) of the
Immigration and Nationality Act, each alien applying for such visa
shall provide to a consular officer the following information:
(1) The alien's address in the country of origin.
(2) The names and addresses of the alien's spouse,
children, parents, and siblings.
(3) The names of contacts of the alien in the alien's
country of residence who could verify information about the
alien.
(4) Previous work history, if any, including the names and
addresses of employers.
(c) Transitional Program.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act and until such time as the system
described in section 641 of the Illegal Immigration Reform and
Immigrant Responsibility Act (as amended by subsection (a)) is
fully implemented, the following requirements shall apply:
(A) Restrictions on issuance of visas.--A visa may
not be issued to an alien under section 101(a)(15) (F)
or (M) of the Immigration and Nationality Act 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 to an alien, the
Secretary of State shall transmit to the Immigration
and Nationality Act 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
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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 of any failure of any alien
described in subparagraph (C) to enroll or to commence
participation.
(2) Requirement to submit list of approved institutions.--
Not later than 30 days after the date of enactment of this Act,
the Attorney General shall provide the Secretary of State with
a list of all approved institutions of higher education or
other approved educational institutions that are authorized to
receive nonimmigrants under section 101(a)(15) (F) and (M) of
the Immigration and Nationality Act.
(3) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
SEC. 502. REVIEW OF INSTITUTIONS AND OTHER ENTITIES AUTHORIZED TO
ENROLL OR SPONSOR CERTAIN NONIMMIGRANTS.
(a) Periodic Review of Compliance.--The Commissioner of Immigration
and Naturalization, in consultation with the Secretary of Education,
shall conduct periodic reviews of the institutions certified to receive
nonimmigrants under section 101(a)(15) (F), (M), or (J) of the
Immigration and Nationality Act. 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; and
(2) recordkeeping and reporting requirements under section
641 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372).
(b) Periodic Review of Sponsors of Exchange Visitors.--
(1) Requirement for reviews.--The Secretary of State shall
conduct periodic reviews of the entities designated to sponsor
exchange visitor program participants under section
101(a)(15)(J) of the Immigration and Nationality Act.
(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; and
(B) recordkeeping and reporting requirements under
section 641 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1372).
(c) Effect of Failure To Comply.--Failure of an institution or
other entity to comply with the recordkeeping and reporting
requirements to receive nonimmigrant students or exchange visitor
program participants under section 101(a)(15) (F), (M), or (J) of the
Immigration and Nationality Act, or section 641 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1372), may, at the election of the Commissioner of Immigration and
Naturalization, result in the termination of the institution's approval
to receive such students or the termination of the other entity's
designation to sponsor exchange visitor program participants, as the
case may be.
TITLE VI--MISCELLANEOUS PROVISIONS
SEC. 601. TREATMENT OF IMMIGRATION INSPECTORS AS LAW ENFORCEMENT
OFFICERS FOR PURPOSES OF FEDERAL RETIREMENT BENEFITS.
(a) Civil Service Retirement System.--Section 8331 of title 5,
United States Code, is amended--
(1) in paragraph (20), by inserting ``, and an immigration
inspector'' after ``administrative position'' in the first
sentence;
(2) by striking ``and'' at the end of paragraph (27)(B);
(3) by striking the period at the end of paragraph (28) and
inserting ``; and''; and
(4) by adding at the end the following:
``(29) `immigration inspector' means--
``(A) an employee in a position in the Immigration
and Naturalization Service the principal duties of
which are to control and guard the boundaries and
borders of the United States against illegal entry of
aliens at ports of entry; and
``(B) an employee of the Immigration and
Naturalization Service who is serving in a supervisory
or administrative position to which the employee was
transferred from a position described in subparagraph
(A).''.
(b) Federal Employees' Retirement System.--Section 8401 of title 5,
United States Code, is amended--
(1) in paragraph (17)--
(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 new
subparagraph:
``(E) an immigration inspector;'';
(2) by striking ``and'' at the end of paragraph (33);
(3) by striking the period at the end of paragraph (34) and
inserting ``; and''; and
(4) by adding at the end the following new paragraph
``(35) `immigration inspector' means--
``(A) an employee in a position in the Immigration
and Naturalization Service the principal duties of
which are to control and guard the boundaries and
borders of the United States against illegal entry of
aliens at ports-of-entry; and
``(B) an employee of the Immigration and
Naturalization Service who is serving in a supervisory
or administrative position to which the employee was
transferred directly from a position described in
subparagraph (A) after having served in such a position
for at least three years.''.
(c) Effective Date and Applicability.--
(1) In general.--The amendments made by this section
shall--
(A) shall take effect on the first day of the first
applicable pay period that begins on or after the date
of the enactment of this Act; and
(B) shall apply with respect to service performed
on or after such effective date.
(2) Supervisors and administrators.--In the administration
of paragraph (1)(B), a person serving on the effective date of
this Act in a supervisory or administrative position as
described in section 8331(29)(B) of title 5, United States
Code, as amended by subsection (a), or section 8401(35)(B) of
such title, as amended by subsection (b), shall be treated as
serving in a law enforcement officer position beginning on such
date for the purposes of subchapter III of chapter 83 of such
title, or for purposes of chapter 84 of such title,
respectively.
SEC. 602. 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. 603. GENERAL ACCOUNTING OFFICE STUDY.
(a) Requirement for Study.--
(1)
a2b
In general.--The Comptroller General of the United
States shall conduct a study to determine the feasibility and
utility of implementing a requirement that each nonimmigrant
alien in the United States submit to the Commissioner of
Immigration and Naturalization each year a current address and,
where applicable, the name and address of an employer.
(2) Nonimmigrant alien defined.--In paragraph (1), the term
``nonimmigrant alien'' means an alien described in section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)).
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to Congress a report on
the results of the study under subsection (a). The report shall include
the Comptroller General's findings, together with any recommendations
that the Comptroller General considers appropriate.
SEC. 604. INTERNATIONAL COOPERATION.
(a) International Electronic Data System.--The Secretary of State
and the Commissioner of Immigration and Naturalization, in consultation
with the Director of the Office of 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;
(2) is interoperable with the electronic data system
implemented under section 202; and
(3) performs in accordance with implementation of the
technology standard referred to in section 202(a).
(b) Report.--Not later than 90 days after the date of enactment of
this Act, the Secretary of State and the Attorney General shall submit
to the Committees on the Judiciary of the House of Representatives and
the Senate a report setting forth the findings of the study conducted
under subsection (a).
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