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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

HR 3052 IH

107th CONGRESS

1st Session

H. R. 3052

To amend the Immigration and Nationality Act to require that nonimmigrant visa applicants provide fingerprints.

IN THE HOUSE OF REPRESENTATIVES

October 5, 2001

Mr. GREEN of Texas introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To amend the Immigration and Nationality Act to require that nonimmigrant visa applicants provide fingerprints.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the `Visa Information Security Act of 2001'.

SEC. 2. REQUIREMENT FOR BIOMETRIC IDENTIFIER FOR NONIMMIGRANT APPLICANTS FOR ADMISSION.

    (a) REQUIREMENT FOR NONIMMIGRANT VISA APPLICATION- Section 221(b) of the Immigration and Nationality Act (8 U.S.C. 1201(b)) is amended--

      (1) by inserting `(1)' after `(b)'; and

      (2) by inserting at the end the following new paragraph:

    `(2) Each alien who applies for a nonimmigrant visa shall submit a biometric identifier (such as the fingerprints or handprint of the alien) that is machine readable, at such time and in such manner as shall be determined by regulation by the Attorney General and the Secretary of State. A biometric identifier shall be required to be contained on the visa or other documentation required for admission at the port of entry. The Attorney General may, in the discretion of the Attorney General and on the basis of reciprocity pursuant to such regulations as the Attorney General may prescribe, waive the requirement of a biometric identifier in the case of any nonimmigrant.

    (b) MATCH REQUIREMENT FOR ADMISSION- Section 221(f) of the Immigration and Nationality Act (8 U.S.C. 1201(f)) is amended--

      (1) by inserting `(1)' after `(f)'; and

      (2) by inserting at the end the following new paragraph:

    `(2) Each alien presenting a nonimmigrant visa and other documents required at the port of entry is not permitted to enter the United States unless the biometric identifier contained on the documents matches the appropriate biometric characteristic of the alien.'.

    (c) DATABASE CROSSCHECK- The Attorney General and the Secretary of State, jointly, shall by regulation require that prior to the issuance of a nonimmigrant visa, the biometric identifier of each applicant shall be crosschecked with appropriate databases (including the databases of the criminal justice information services division of the Department of Justice) for information regarding the police and criminal record, if any, of such alien and such other information as may be appropriate.

    (d) IMPLEMENTATION- The Attorney General and the Secretary of State shall ensure that officials at consular offices abroad with the responsibility to consider applications for nonimmigrant visas and immigration officials at points of entry have the technology and training to carry out this section and the amendments made by this section.

    (e) FEES-

      (1) ESTABLISHMENT- The Attorney General shall establish a fee, which the Attorney General may periodically revise, to be imposed on, and collected from, all nonimmigrant aliens prior to the issuance of a visa. The amount of the fee shall be based on the Attorney General's estimate of the cost per alien of implementing this section and the amendments made by this section.

      (2) USE- Fees collected under paragraph (1) shall be deposited as offsetting receipts into a separate account in the Treasury and shall remain available until expended for the Attorney General to reimburse any appropriation the amount paid out for expenses in carrying out this section.

    (f) REPORT TO CONGRESS- At least annually, the Attorney General shall submit to the Congress a report concerning the implementation of this section and the amendments made by this section and use of the waiver authority under section 221(b)(2) of the Immigration and Nationality Act. Such reports may be submitted in classified and unclassified form.

END<


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