Pl 107-173

PUBLIC LAW 107–173—MAY 14, 2002

116 STAT. 543

Public Law 107–173
107th Congress
An Act
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 2002’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:

May 14, 2002
[H.R. 3525]
Enhanced Border
Security and Visa
Entry Reform Act
of 2002.
Aliens.
8 USC 1701 note.

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 namematching 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
Electronic provision of visa files.
Implementation of an integrated entry and exit data system.
Machine-readable, tamper-resistant entry and exit documents.
Terrorist lookout committees.
Improved training for consular officers.
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.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

301.
302.
303.
304.
305.
306.

Sec.
Sec.
Sec.
Sec.

401.
402.
403.
404.

TITLE IV—INSPECTION AND ADMISSION OF ALIENS
Study of the feasibility of a North American National Security Program.
Passenger manifests.
Time period for inspections.
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.

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116 STAT. 544

PUBLIC LAW 107–173—MAY 14, 2002
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.
8 USC 1701.

SEC. 2. DEFINITIONS.

In this Act:
(1) ALIEN.—The term ‘‘alien’’ has the meaning given the
term in section 101(a)(3) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(3)).
(2) APPROPRIATE COMMITTEES OF CONGRESS.—The term
‘‘appropriate committees of Congress’’ means the following:
(A) The Committee on the Judiciary, the Select Committee on Intelligence, and the Committee on Foreign Relations of the Senate.
(B) The Committee on the Judiciary, the Permanent
Select Committee on Intelligence, and the Committee on
International Relations of the House of Representatives.
(3) 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).

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PUBLIC LAW 107–173—MAY 14, 2002

116 STAT. 545

TITLE I—FUNDING
SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR HIRING AND
TRAINING GOVERNMENT PERSONNEL.

8 USC 1711.

(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—

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116 STAT. 546

PUBLIC LAW 107–173—MAY 14, 2002

(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).
8 USC 1712.

SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR IMPROVEMENTS
IN TECHNOLOGY AND INFRASTRUCTURE.

(a) FUNDING OF TECHNOLOGY.—
(1) AUTHORIZATION OF APPROPRIATIONS.—In addition to
funds otherwise available for such purpose, there are authorized
to be appropriated $150,000,000 to the Immigration and Naturalization Service for purposes of—
(A) making improvements in technology (including
infrastructure support, computer security, and information
technology development) for improving border security;
(B) expanding, utilizing, and improving technology to
improve border security; and
(C) facilitating the flow of commerce and persons at
ports of entry, including improving and expanding programs for preenrollment and preclearance.
(2) WAIVER OF FEES.—Federal agencies involved in border
security may waive all or part of enrollment fees for technologybased 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.

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PUBLIC LAW 107–173—MAY 14, 2002

116 STAT. 547

SEC. 103. MACHINE–READABLE VISA FEES.

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) 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 nonmachinereadable 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.

8 USC 1351 note.

TITLE II—INTERAGENCY INFORMATION
SHARING
SEC. 201. INTERIM MEASURES FOR ACCESS TO AND COORDINATION
OF LAW ENFORCEMENT AND OTHER INFORMATION.

(a) INTERIM DIRECTIVE.—Until the plan required by subsection
(c) is implemented, Federal law enforcement agencies and the intelligence community shall, to the maximum extent practicable, share
any information with the Department of State and the Immigration
and Naturalization Service relevant to the admissibility and deportability of aliens, consistent with the plan described in subsection
(c).
(b) REPORT IDENTIFYING LAW ENFORCEMENT AND INTELLIGENCE
INFORMATION.—
(1) IN GENERAL.—Not later than 120 days after the date
of enactment of this Act, the President shall submit to the
appropriate committees of Congress a report identifying Federal
law enforcement and the intelligence community information
needed by the Department of State to screen visa applicants,
or by the Immigration and Naturalization Service to screen
applicants for admission to the United States, and to identify
those aliens inadmissible or deportable under the Immigration
and Nationality Act.
(2) REPEAL.—Section 414(d) of the USA PATRIOT Act is
hereby repealed.
(c) COORDINATION PLAN.—
(1) REQUIREMENT FOR PLAN.—Not later than one year after
the date of enactment of the USA PATRIOT Act, the President
shall develop and implement a plan based on the findings
of the report under subsection (b) that requires Federal law
enforcement agencies and the intelligence community to provide
to the Department of State and the Immigration and Naturalization Service all information identified in that report as
expeditiously as practicable.

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8 USC 1721.

Deadline.
President.

8 USC 1365a
note.
Deadline.
President.

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116 STAT. 548

(2) CONSULTATION REQUIREMENT.—In the preparation and
implementation of the plan under this subsection, the President
shall consult with the appropriate committees of Congress.
(3) PROTECTIONS REGARDING INFORMATION AND USES
THEREOF.—The plan under this subsection shall establish conditions for using the information described in subsection (b)
received by the Department of State and Immigration and
Naturalization Service—
(A) to limit the redissemination of such information;
(B) to ensure that such information is used solely to
determine whether to issue a visa to an alien or to determine the admissibility or deportability of an alien to the
United States, except as otherwise authorized under Federal law;
(C) to ensure the accuracy, security, and confidentiality
of such information;
(D) to protect any privacy rights of individuals who
are subjects of such information;
(E) to provide data integrity through the timely
removal and destruction of obsolete or erroneous names
and information; and
(F) in a manner that protects the sources and methods
used to acquire intelligence information as required by
section 103(c)(6) of the National Security Act of 1947 (50
U.S.C. 403–3(c)(6)).
(4) CRIMINAL PENALTIES FOR MISUSE OF INFORMATION.—
Any person who obtains information under this subsection without authorization or exceeding authorized access (as defined
in section 1030(e) of title 18, United States Code), and who
uses such information in the manner described in any of the
paragraphs (1) through (7) of section 1030(a) of such title,
or attempts to use such information in such manner, shall
be subject to the same penalties as are applicable under section
1030(c) of such title for violation of that paragraph.
(5) ADVANCING DEADLINES FOR A TECHNOLOGY STANDARD
AND REPORT.—Section 403(c) of the USA PATRIOT Act is
amended—
(A) in paragraph (1), by striking ‘‘2 years’’ and inserting
‘‘15 months’’; and
(B) in paragraph (4), by striking ‘‘18 months’’ and
inserting ‘‘one year’’.

President.

8 USC 1379.

8 USC 1722.

President.

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PUBLIC LAW 107–173—MAY 14, 2002

SEC. 202. INTEROPERABLE LAW ENFORCEMENT AND INTELLIGENCE
DATA SYSTEM WITH NAME-MATCHING CAPACITY AND
TRAINING.

(a) INTEROPERABLE LAW ENFORCEMENT AND INTELLIGENCE
ELECTRONIC DATA SYSTEM.—
(1) REQUIREMENT FOR INTEGRATED IMMIGRATION AND NATURALIZATION DATA SYSTEM.—The Immigration and Naturalization Service shall fully integrate all databases and data systems
maintained by the Service that process or contain information
on aliens. The fully integrated data system shall be an interoperable component of the electronic data system described
in paragraph (2).
(2) REQUIREMENT FOR INTEROPERABLE DATA SYSTEM.—Upon
the date of commencement of implementation of the plan
required by section 201(c), the President shall develop and

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PUBLIC LAW 107–173—MAY 14, 2002

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) CONSULTATION REQUIREMENT.—In the development and
implementation of the data system under this subsection, the
President shall consult with the Director of the National
Institute of Standards and Technology (NIST) and any such
other agency as may be deemed appropriate.
(4) TECHNOLOGY STANDARD.—
(A) IN GENERAL.—The data system developed and
implemented under this subsection, and the databases
referred to in paragraph (2), shall utilize the technology
standard established pursuant to section 403(c) of the USA
PATRIOT Act, as amended by section 201(c)(5) and
subparagraph (B).
(B) CONFORMING AMENDMENT.—Section 403(c) of the
USA PATRIOT Act, as amended by section 201(c)(5), is
further amended—
(i) in paragraph (1), by inserting ‘‘, including appropriate biometric identifier standards,’’ after ‘‘technology
standard’’; and
(ii) in paragraph (2) —
(I) by striking ‘‘INTEGRATED’’ and inserting
‘‘INTEROPERABLE’’; and
(II) by striking ‘‘integrated’’ and inserting
‘‘interoperable’’.
(5) ACCESS TO INFORMATION IN DATA SYSTEM.—Subject to
paragraph (6), information in the data system under this subsection shall be readily and easily accessible—
(A) to any consular officer responsible for the issuance
of visas;
(B) to any Federal official responsible for determining
an alien’s admissibility to or deportability from the United
States; and
(C) to any Federal law enforcement or intelligence
officer determined by regulation to be responsible for the
investigation or identification of aliens.
(6) LIMITATION ON ACCESS.—The President shall, in accordance with applicable Federal laws, establish procedures to
restrict access to intelligence information in the data system
under this subsection, and the databases referred to in paragraph (2), under circumstances in which such information is
not to be disclosed directly to Government officials under paragraph (5).
(b) NAME-SEARCH CAPACITY AND SUPPORT.—
(1) IN GENERAL.—The interoperable electronic data system
required by subsection (a) shall—
(A) have the capacity to compensate for disparate name
formats among the different databases referred to in subsection (a);
(B) be searchable on a linguistically sensitive basis;
(C) provide adequate user support;
(D) to the extent practicable, utilize commercially available technology; and

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President.

8 USC 1379.

President.
Procedures.

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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 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 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 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.

Procedures.

Deadline.
President.

Deadlines.

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PUBLIC LAW 107–173—MAY 14, 2002

116 STAT. 551

SEC. 203. COMMISSION ON INTEROPERABLE DATA SHARING.

8 USC 1723.

(a) ESTABLISHMENT.—Not later than one year after the date
of enactment of the USA PATRIOT Act, the President shall establish a Commission on Interoperable Data Sharing (in this section
referred to as the ‘‘Commission’’). The purposes of the Commission
shall be to—
(1) monitor the protections described in section 201(c)(3);
(2) provide oversight of the interoperable electronic data
system described in section 202; and
(3) report to Congress annually on the Commission’s
findings and recommendations.
(b) COMPOSITION.—The Commission shall consist of nine members, who shall be appointed by the President, as follows:
(1) One member, who shall serve as Chair of the Commission.
(2) Eight members, who shall be appointed from a list
of nominees jointly provided by the Speaker of the House of
Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, and the
Minority Leader of the Senate.
(c) CONSIDERATIONS.—The Commission shall consider recommendations regarding the following issues:
(1) Adequate protection of privacy concerns inherent in
the design, implementation, or operation of the interoperable
electronic data system.
(2) Timely adoption of security innovations, consistent with
generally accepted security standards, to protect the integrity
and confidentiality of information to prevent 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.

Deadlines.
President.

SEC. 204. PERSONNEL MANAGEMENT AUTHORITIES FOR POSITIONS
INVOLVED IN THE DEVELOPMENT AND IMPLEMENTATION OF THE INTEROPERABLE ELECTRONIC DATA
SYSTEM (‘‘CHIMERA SYSTEM’’).

8 USC 1724.

Reports.
President.

(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.

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116 STAT. 552

Deadline.

PUBLIC LAW 107–173—MAY 14, 2002

(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 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.’’.
8 USC 1731.

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)(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—

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(1) utilize technologies that facilitate the lawful and efficient cross-border movement of commerce and persons without
compromising the safety and security of the United States;
and
(2) consider implementing the North American National
Security Program described in section 401.
SEC. 303. MACHINE-READABLE, TAMPER-RESISTANT ENTRY AND EXIT
DOCUMENTS.

(a) REPORT.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Attorney General, the Secretary
of State, and the National Institute of Standards and Technology (NIST), acting jointly, shall submit to the appropriate
committees of Congress a comprehensive report assessing the
actions that will be necessary, and the considerations to be
taken into account, to achieve fully, not later than October
26, 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 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

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Deadlines.
8 USC 1732.

Standards.

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(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 machinereadable 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.
8 USC 1733.

SEC. 304. TERRORIST LOOKOUT COMMITTEES.

(a) ESTABLISHMENT.—The Secretary of State shall require a
terrorist lookout committee to be maintained within each United
States mission 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.

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(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. IMPROVED TRAINING FOR CONSULAR OFFICERS.

8 USC 1734.

(a) TRAINING.—The Secretary of State shall require that all
consular officers responsible for adjudicating visa applications,
before undertaking to perform consular responsibilities, receive
specialized training in the effective screening of visa applicants
who pose a potential threat to the safety or security of the United
States. Such officers shall be specially and extensively trained in
the identification of aliens inadmissible under section 212(a)(3)
(A) and (B) of the Immigration and Nationality Act, interagency
and international intelligence sharing regarding terrorists and terrorism, and cultural-sensitivity toward visa applicants.
(b) USE OF FOREIGN INTELLIGENCE INFORMATION.—As an
ongoing component of the training required in subsection (a), the
Secretary of State shall coordinate with the Assistant to the President for Homeland Security, Federal law enforcement agencies,
and the intelligence community to compile and disseminate to the
Bureau of Consular Affairs reports, bulletins, updates, and other
current unclassified information relevant to terrorists and terrorism
and to screening visa applicants who pose a potential threat to
the safety or security of the United States.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as may be necessary to implement
this section.
SEC. 306. RESTRICTION ON ISSUANCE OF VISAS TO NONIMMIGRANTS
FROM COUNTRIES THAT ARE STATE SPONSORS OF
INTERNATIONAL TERRORISM.

(a) IN GENERAL.—No nonimmigrant visa under section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) shall be issued to any alien from a country that is
a state sponsor of international terrorism unless the Secretary
of State determines, in consultation with the Attorney General
and the heads of other appropriate United States agencies, that
such alien does not pose a threat to the safety or national security
of the United States. In making a determination under this subsection, the Secretary of State shall apply standards developed
by the Secretary of State, in consultation with the Attorney General
and the heads of other appropriate United States agencies, that
are applicable to the nationals of such states.
(b) STATE SPONSOR OF INTERNATIONAL TERRORISM DEFINED.—
(1) IN GENERAL.—In this section, the term ‘‘state sponsor
of international terrorism’’ means any country the government
of which has been determined by the Secretary of State under
any of the laws specified in paragraph (2) to have repeatedly
provided support for acts of international terrorism.
(2) LAWS UNDER WHICH DETERMINATIONS WERE MADE.—
The laws specified in this paragraph are the following:
(A) Section 6(j)(1)(A) of the Export Administration Act
of 1979 (or successor statute).
(B) Section 40(d) of the Arms Export Control Act.

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8 USC 1735.

Applicability.

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PUBLIC LAW 107–173—MAY 14, 2002
(C) Section 620A(a) of the Foreign Assistance Act of
1961.

SEC. 307. DESIGNATION OF PROGRAM COUNTRIES UNDER THE VISA
WAIVER PROGRAM.

8 USC 1736.

(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 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.

8 USC 1737.

SEC. 308. TRACKING SYSTEM FOR STOLEN PASSPORTS.

Deadline.

(a) ENTERING STOLEN PASSPORT IDENTIFICATION NUMBERS IN
THE INTEROPERABLE DATA SYSTEM.—
(1) IN GENERAL.—Beginning with implementation under
section 202 of the law enforcement and intelligence data system,
not later than 72 hours after receiving notification of the loss
or theft of a United States or foreign passport, the Attorney
General and the Secretary of State, as appropriate, shall enter
into such system the corresponding identification number for
the lost or stolen passport.
(2) ENTRY OF INFORMATION ON PREVIOUSLY LOST OR STOLEN
PASSPORTS.—To the extent practicable, the Attorney General,
in consultation with the Secretary of State, shall enter into
such system the corresponding identification numbers for the
United States and foreign passports lost or stolen prior to
the implementation of such system.
(b) TRANSITION PERIOD.—Until such time as the law enforcement and intelligence data system described in section 202 is fully
implemented, the Attorney General shall enter the data described
in subsection (a) into an existing data system being used to determine the admissibility or deportability of aliens.

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8 USC 1738.

SEC.

Deadline.

Not later than 180 days after the date of enactment of this
Act, the Attorney General shall ensure that, immediately upon
the arrival in the United States of an individual admitted under

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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. 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.

President.
Canada.
Mexico.
8 USC 1751.

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

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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

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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) 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) 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) 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.

President.
8 USC 1221 note.

Deadline.

Applicability.
8 USC 1221 note.

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) 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.

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8 USC 1752.

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8 USC 1753.

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SEC. 404. JOINT UNITED STATES-CANADA PROJECTS FOR ALTERNATIVE INSPECTIONS SERVICES.

Federal Register,
publication.

(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 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
8 USC 1761.

SEC. 501. FOREIGN STUDENT MONITORING PROGRAM.

(a) STRENGTHENING REQUIREMENTS FOR IMPLEMENTATION OF
MONITORING PROGRAM.—
(1) MONITORING AND VERIFICATION OF INFORMATION.—Section 641(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372(a)) is amended by
adding at the end the following:
‘‘(3) ALIENS FOR WHOM A VISA IS REQUIRED.—The Attorney
General, in consultation with the Secretary of State, shall establish an electronic means to monitor and verify—
‘‘(A) the issuance of documentation of acceptance of
a foreign student by an approved institution of higher
education or other approved educational institution, or of
an exchange visitor program participant by a designated
exchange visitor program;
‘‘(B) the transmittal of the documentation referred to
in subparagraph (A) to the Department of State for use
by the Bureau of Consular Affairs;
‘‘(C) the issuance of a visa to a foreign student or
an exchange visitor program participant;
‘‘(D) the admission into the United States of the foreign
student or exchange visitor program participant;
‘‘(E) the notification to an approved institution of
higher education, other approved educational institution,
or exchange visitor program sponsor that the foreign student or exchange visitor participant has been admitted
into the United States;

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‘‘(F) the registration and enrollment of that foreign
student in such approved institution of higher education
or other approved educational institution, or the participation of that exchange visitor in such designated exchange
visitor program, as the case may be; and
‘‘(G) any other relevant act by the foreign student
or exchange visitor program participant, including a
changing of school or designated exchange visitor program
and any termination of studies or participation in a designated exchange visitor program.
‘‘(4) REPORTING REQUIREMENTS.—Not later than 30 days
after the deadline for registering for classes for an academic
term of an approved institution of higher education or other
approved educational institution for which documentation is
issued for an alien as described in paragraph (3)(A), or the
scheduled commencement of participation by an alien in a
designated exchange visitor program, as the case may be, the
institution or program, respectively, shall report to the
Immigration and Naturalization Service any failure of the alien
to enroll or to commence participation.’’.
(2) ADDITIONAL REQUIREMENTS FOR DATA TO BE COLLECTED.—Section 641(c)(1) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(c)(1))
is amended—
(A) by striking ‘‘and’’ at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph
(D) and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(E) the date of entry and port of entry;
‘‘(F) the date of the alien’s enrollment in an approved
institution of higher education, other approved educational
institution, or designated exchange visitor program in the
United States;
‘‘(G) the degree program, if applicable, and field of
study; and
‘‘(H) the date of the alien’s termination of enrollment
and the reason for such termination (including graduation,
disciplinary action or other dismissal, and failure to reenroll).’’.
(3) REPORTING REQUIREMENTS.—Section 641(c) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1372(c)) is amended by adding at the end the following
new paragraph:
‘‘(5) REPORTING REQUIREMENTS.—The Attorney General
shall prescribe by regulation reporting requirements by taking
into account the curriculum calendar of the approved institution
of higher education, other approved educational institution,
or exchange visitor program.’’.
(b) INFORMATION REQUIRED OF THE VISA APPLICANT.—Prior
to the issuance of a visa under subparagraph (F), subparagraph
(M), or, with respect to an alien seeking to attend an approved
institution of higher education, subparagraph (J) of section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)), each alien applying for such visa shall provide to
a consular officer the following information:
(1) The alien’s address in the country of origin.

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Deadline.

Regulations.

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(2) The names and addresses of the alien’s spouse, children,
parents, and siblings.
(3) The names of contacts of the alien in the alien’s country
of residence who could verify information about the alien.
(4) Previous work history, if any, including the names
and addresses of employers.
(c) TRANSITIONAL PROGRAM.—
(1) IN GENERAL.—Not later than 120 days after the date
of enactment of this Act and until such time as the system
described in section 641 of the Illegal Immigration Reform
and Immigrant Responsibility Act (as amended by subsection
(a)) is fully implemented, the following requirements shall
apply:
(A) RESTRICTIONS ON ISSUANCE OF VISAS.—A visa may
not be issued to an alien under subparagraph (F), subparagraph (M), or, with respect to an alien seeking to attend
an approved institution of higher education, subparagraph
(J) of section 101(a)(15) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)), unless—
(i) the Department of State has received from an
approved institution of higher education or other
approved educational institution electronic evidence of
documentation of the alien’s acceptance at that institution; and
(ii) the consular officer has adequately reviewed
the applicant’s visa record.
(B) NOTIFICATION UPON VISA ISSUANCE.—Upon the
issuance of a visa under section 101(a)(15) (F) or (M) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(F) or (M)) to an alien, the Secretary of State
shall transmit to the Immigration and Naturalization
Service a notification of the issuance of that visa.
(C) NOTIFICATION UPON ADMISSION OF ALIEN.—The
Immigration and Naturalization Service shall notify the
approved institution of higher education or other approved
educational institution that an alien accepted for such
institution or program has been admitted to the United
States.
(D) NOTIFICATION OF FAILURE OF ENROLLMENT.—Not
later than 30 days after the deadline for registering for
classes for an academic term, the approved institution of
higher education or other approved educational institution
shall inform the Immigration and Naturalization Service
through data-sharing arrangements of any failure of any
alien described in subparagraph (C) to enroll or to commence participation.
(2) REQUIREMENT TO SUBMIT LIST OF APPROVED INSTITUTIONS.—Not later than 30 days after the date of enactment
of this Act, the Attorney General shall provide the Secretary
of State with a list of all approved institutions of higher education 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.

Deadlines.
Applicability.

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PUBLIC LAW 107–173—MAY 14, 2002

VerDate 11-MAY-2000

116 STAT. 563

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

8 USC 1762.

(a) PERIODIC 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 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.

Deadline.

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116 STAT. 564

PUBLIC LAW 107–173—MAY 14, 2002

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’’.
8 USC 1771.

Deadline.

8 USC 1772.

Deadline.

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SEC. 602. GENERAL ACCOUNTING OFFICE STUDY.

(a) REQUIREMENT FOR STUDY.—
(1) IN GENERAL.—The Comptroller General of the United
States shall conduct a study to determine the feasibility and
utility of implementing a requirement that each nonimmigrant
alien in the United States submit to the Commissioner of
Immigration and Naturalization each year a current address
and, where applicable, the name and address of an employer.
(2) NONIMMIGRANT ALIEN DEFINED.—In paragraph (1), the
term ‘‘nonimmigrant alien’’ means an alien described in section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)).
(b) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Comptroller General shall submit to Congress a
report on the results of the study under subsection (a). The report
shall include the Comptroller General’s findings, together with any
recommendations that the Comptroller General considers appropriate.
SEC. 603. INTERNATIONAL COOPERATION.

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

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PUBLIC LAW 107–173—MAY 14, 2002

116 STAT. 565

SEC. 604. STATUTORY CONSTRUCTION.

8 USC 1773.

Nothing in this Act shall be construed to impose requirements
that are inconsistent with the North American Free Trade Agreement or to require additional documents for aliens for whom documentary requirements are waived under section 212(d)(4)(B) of
the Immigration and Nationality Act (8 U.S.C. 1182(d)(4)(B)).
SEC. 605. ANNUAL REPORT ON ALIENS WHO FAIL TO APPEAR AFTER
RELEASE ON OWN RECOGNIZANCE.

Deadlines.
8 USC 1774.

(a) REQUIREMENT FOR REPORT.—Not later than January 15
of each year, the Attorney General shall submit to the appropriate
committees of Congress a report on the total number of aliens
who, during the preceding year, failed to attend a removal proceeding after having been arrested outside a port of entry, served
a notice to appear under section 239(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1229(a)(1)), and released on the alien’s
own recognizance. The report shall also take into account the
number of cases in which there were defects in notices of hearing
or the service of notices of hearing, together with a description
and analysis of the effects, if any, that the defects had on the
attendance of aliens at the proceedings.
(b) INITIAL REPORT.—Notwithstanding the time for submission
of the annual report provided in subsection (a), the report for
2001 shall be submitted not later than 6 months after the date
of enactment of this Act.
SEC. 606. RETENTION OF NONIMMIGRANT VISA APPLICATIONS BY THE
DEPARTMENT OF STATE.

8 USC 1775.

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.

Æ

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