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[[Page 116 STAT. 543]]
Public Law 107-173
107th Congress
An Act
To enhance the border security of the United States, and for other
purposes. <<NOTE: May 14, 2002 - [H.R. 3525]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Enhanced Border Security
and Visa Entry Reform Act of 2002. Aliens.>> assembled,
SECTION 1. SHORT TITLE.
(a) Short <<NOTE: 8 USC 1701 note.>> Title.--This Act may be cited
as the ``Enhanced Border Security and Visa Entry Reform Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Definitions.
TITLE I--FUNDING
Sec. 101. Authorization of appropriations for hiring and training
Government personnel.
Sec. 102. Authorization of appropriations for improvements in technology
and infrastructure.
Sec. 103. Machine-readable visa fees.
TITLE II--INTERAGENCY INFORMATION SHARING
Sec. 201. Interim measures for access to and coordination of law
enforcement and other information.
Sec. 202. Interoperable law enforcement and intelligence data system
with name-matching capacity and training.
Sec. 203. Commission on interoperable data sharing.
Sec. 204. Personnel management authorities for positions involved in the
development and implementation of the interoperable
electronic data system (``Chimera system'').
TITLE III--VISA ISSUANCE
Sec. 301. Electronic provision of visa files.
Sec. 302. Implementation of an integrated entry and exit data system.
Sec. 303. Machine-readable, tamper-resistant entry and exit documents.
Sec. 304. Terrorist lookout committees.
Sec. 305. Improved training for consular officers.
Sec. 306. Restriction on issuance of visas to nonimmigrants who are from
countries that are state sponsors of international terrorism.
Sec. 307. Designation of program countries under the Visa Waiver
Program.
Sec. 308. Tracking system for stolen passports.
Sec. 309. Identification documents for certain newly admitted aliens.
TITLE IV--INSPECTION AND ADMISSION OF ALIENS
Sec. 401. Study of the feasibility of a North American National Security
Program.
Sec. 402. Passenger manifests.
Sec. 403. Time period for inspections.
Sec. 404. Joint United States-Canada projects for alternative
inspections services.
TITLE V--FOREIGN STUDENTS AND EXCHANGE VISITORS
Sec. 501. Foreign student monitoring program.
Sec. 502. Review of institutions and other entities authorized to enroll
or sponsor certain nonimmigrants.
[[Page 116 STAT. 544]]
TITLE VI--MISCELLANEOUS PROVISIONS
Sec. 601. Extension of deadline for improvement in border crossing
identification cards.
Sec. 602. General Accounting Office study.
Sec. 603. International cooperation.
Sec. 604. Statutory construction.
Sec. 605. Report on aliens who fail to appear after release on own
recognizance.
Sec. 606. Retention of nonimmigrant visa applications by the Department
of State.
SEC. 2. DEFINITIONS. <<NOTE: 8 USC 1701.>>
In this Act:
(1) Alien.--The term ``alien'' has the meaning given the
term in section 101(a)(3) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(3)).
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the following:
(A) The Committee on the Judiciary, the Select
Committee on Intelligence, and the Committee on Foreign
Relations of the Senate.
(B) The Committee on the Judiciary, the Permanent
Select Committee on Intelligence, and the Committee on
International Relations of the House of Representatives.
(3) Chimera system.--The term ``Chimera system'' means the
interoperable electronic data system required to be developed
and implemented by section 202(a)(2).
(4) Federal law enforcement agencies.--The term ``Federal
law enforcement agencies'' means the following:
(A) The United States Secret Service.
(B) The Drug Enforcement Administration.
(C) The Federal Bureau of Investigation.
(D) The Immigration and Naturalization Service.
(E) The United States Marshall Service.
(F) The Naval Criminal Investigative Service.
(G) The Coastal Security Service.
(H) The Diplomatic Security Service.
(I) The United States Postal Inspection Service.
(J) The Bureau of Alcohol, Tobacco, and Firearms.
(K) The United States Customs Service.
(L) The National Park Service.
(5) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).
(6) President.--The term ``President'' means the President
of the United States, acting through the Assistant to the
President for Homeland Security, in coordination with the
Secretary of State, the Commissioner of Immigration and
Naturalization, the Attorney General, the Director of Central
Intelligence, the Director of the Federal Bureau of
Investigation, the Secretary of Transportation, the Commissioner
of Customs, and the Secretary of the Treasury.
(7) USA PATRIOT Act.--The term ``USA PATRIOT Act'' means the
Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT)
Act of 2001 (Public Law 107-56).
[[Page 116 STAT. 545]]
TITLE I--FUNDING
SEC. 101. <<NOTE: 8 USC 1711.>> AUTHORIZATION OF APPROPRIATIONS FOR
HIRING AND TRAINING GOVERNMENT PERSONNEL.
(a) Additional Personnel.--
(1) INS inspectors.--Subject to the availability of
appropriations, during each of the fiscal years 2003 through
2006, the Attorney General shall increase the number of
inspectors and associated support staff in the Immigration and
Naturalization Service by the equivalent of at least 200 full-
time employees over the number of inspectors and associated
support staff in the Immigration and Naturalization Service
authorized by the USA PATRIOT Act.
(2) INS investigative personnel.--Subject to the
availability of appropriations, during each of the fiscal years
2003 through 2006, the Attorney General shall increase the
number of investigative and associated support staff of the
Immigration and Naturalization Service by the equivalent of at
least 200 full-time employees over the number of investigators
and associated support staff in the Immigration and
Naturalization Service authorized by the USA PATRIOT Act.
(3) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection, including such sums as may be necessary to
provide facilities, attorney personnel and support staff, and
other resources needed to support the increased number of
inspectors, investigative staff, and associated support staff.
(b) Authorization of Appropriations for INS Staffing.--
(1) In general.--There are authorized to be appropriated for
the Department of Justice such sums as may be necessary to
provide an increase in the annual rate of basic pay effective
October 1, 2002--
(A) for all journeyman Border Patrol agents and
inspectors who have completed at least one year's
service and are receiving an annual rate of basic pay
for positions at GS-9 of the General Schedule under
section 5332 of title 5, United States Code, from the
annual rate of basic pay payable for positions at GS-9
of the General Schedule under such section 5332, to an
annual rate of basic pay payable for positions at GS-11
of the General Schedule under such section 5332;
(B) for inspections assistants, from the annual rate
of basic pay payable for positions at GS-5 of the
General Schedule under section 5332 of title 5, United
States Code, to an annual rate of basic pay payable for
positions at GS-7 of the General Schedule under such
section 5332; and
(C) for the support staff associated with the
personnel described in subparagraphs (A) and (B), at the
appropriate GS level of the General Schedule under such
section 5332.
(c) Authorization of Appropriations for Training.--There are
authorized to be appropriated such sums as may be necessary--
(1) to appropriately train Immigration and Naturalization
Service personnel on an ongoing basis--
[[Page 116 STAT. 546]]
(A) to ensure that their proficiency levels are
acceptable to protect the borders of the United States;
and
(B) otherwise to enforce and administer the laws
within their jurisdiction;
(2) to provide adequate continuing cross-training to
agencies staffing the United States border and ports of entry to
effectively and correctly apply applicable United States laws;
(3) to fully train immigration officers to use the
appropriate lookout databases and to monitor passenger traffic
patterns; and
(4) to expand the Carrier Consultant Program described in
section 235(b) of the Immigration and Nationality Act (8 U.S.C.
1225A(b)).
(d) Authorization of Appropriations for Consular Functions.--
(1) Responsibilities.--The Secretary of State shall--
(A) implement enhanced security measures for the
review of visa applicants;
(B) staff the facilities and programs associated
with the activities described in subparagraph (A); and
(C) provide ongoing training for consular officers
and diplomatic security agents.
(2) Authorization of appropriations.--There are authorized
to be appropriated for the Department of State such sums as may
be necessary to carry out paragraph (1).
SEC. 102. <<NOTE: 8 USC 1712.>> AUTHORIZATION OF APPROPRIATIONS FOR
IMPROVEMENTS IN TECHNOLOGY AND INFRASTRUCTURE.
(a) Funding of Technology.--
(1) Authorization of appropriations.--In addition to funds
otherwise available for such purpose, there are authorized to be
appropriated $150,000,000 to the Immigration and Naturalization
Service for purposes of--
(A) making improvements in technology (including
infrastructure support, computer security, and
information technology development) for improving border
security;
(B) expanding, utilizing, and improving technology
to improve border security; and
(C) facilitating the flow of commerce and persons at
ports of entry, including improving and expanding
programs for preenrollment and preclearance.
(2) Waiver of fees.--Federal agencies involved in border
security may waive all or part of enrollment fees for
technology-based programs to encourage participation by United
States citizens and aliens in such programs. Any agency that
waives any part of any such fee may establish its fees for other
services at a level that will ensure the recovery from other
users of the amounts waived.
(3) Offset of increases in fees.--The Attorney General may,
to the extent reasonable, increase land border fees for the
issuance of arrival-departure documents to offset technology
costs.
(b) Improvement and Expansion of INS, State Department, and Customs
Facilities.--There are authorized to be appropriated to the Immigration
and Naturalization Service and the Department of State such sums as may
be necessary to improve and expand facilities for use by the personnel
of those agencies.
[[Page 116 STAT. 547]]
SEC. 103. MACHINE-READABLE VISA FEES. <<NOTE: 8 USC 1713.>>
(a) Relation to Subsequent Authorization Acts.--Section 140(a) of
the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995
(Public Law 103-236) <<NOTE: 8 USC 1351 note.>> is amended by striking
paragraph (3).
(b) Fee Amount.--The machine-readable visa fee charged by the
Department of State shall be the higher of $65 or the cost of the
machine-readable visa service, as determined by the Secretary of State
after conducting a study of the cost of such service.
(c) Surcharge.--The Department of State is authorized to charge a
surcharge of $10, in addition to the machine-readable visa fee, for
issuing a machine-readable visa in a nonmachine-readable passport.
(d) Availability of Collected Fees.--Notwithstanding any other
provision of law, amounts collected as fees described in this section
shall be credited as an offsetting collection to any appropriation for
the Department of State to recover costs of providing consular services.
Amounts so credited shall be available, until expended, for the same
purposes as the appropriation to which credited.
TITLE II--INTERAGENCY INFORMATION SHARING
SEC. 201. <<NOTE: 8 USC 1721.>> INTERIM MEASURES FOR ACCESS TO AND
COORDINATION OF LAW ENFORCEMENT AND OTHER INFORMATION.
(a) Interim Directive.--Until the plan required by subsection (c) is
implemented, Federal law enforcement agencies and the intelligence
community shall, to the maximum extent practicable, share any
information with the Department of State and the Immigration and
Naturalization Service relevant to the admissibility and deportability
of aliens, consistent with the plan described in subsection (c).
(b) Report Identifying Law Enforcement and Intelligence
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