U.S. Senate Today Begins Debate on New Feinstein Border Security Bill

U.S. Senate Today Begins Debate on New
Feinstein Border Security Bill
April 12, 2002

Washington, DC - The U.S. Senate today began the consideration of the Enhanced Border Security and Visa Entry Reform Act, legislation sponsored by Senators Dianne Feinstein (D-Calif.), Edward Kennedy (D-Mass.), Jon Kyl (R-Arizona) and Sam Brownback (R-Kansas) that would help prevent terrorists from entering the United States through loopholes in our immigration system.

The House passed this bill by voice vote on December 19, 2001 and a vote in the Senate is expected next week. The legislation (S.1749/H.R. 3525) has 61 cosponsors in the Senate.

"September 11^th clearly pointed out to the shortcomings of our immigration and visa system," Senator Feinstein said. "It is unconscionable that a terrorist might be permitted to enter the United States simply because our government agencies don't share information. This bill is an important and strong first step toward fixing that system. It would dishonor the innocent victims of September 11^th and the brave men and women of our armed forces who are defending our freedom at this very instant if we fail in this effort."

Create interoperable data system. The Administration would be required to develop and implement an interoperable law enforcement and intelligence data system by October 26, 2003 to provide the INS and State Department immediate access to relevant law enforcement and intelligence information. The database would be accessible to foreign service officers issuing visas, federal agents determining the admissibility of aliens to the U.S. and law enforcement officers investigating and identifying aliens. The bill also prevents and protects against the misuse of such data.

Reform the visa waiver program. The bill would require that each country participating in the visa waiver program issue tamper-resistant, machine-readable biometric passports to its nationals by 2003.

Require the reporting of lost or stolen passports. The INS would be required to enter stolen or lost passport numbers into the interoperable data system within 72 hours of notification of loss or theft. And until that system is established, the INS must enter that information into an existing data system.

Require new requirements for passenger manifests. All commercial flights and vessels coming to the U.S. from international ports must provide manifest information about each passenger, crew member, and other occupant prior to arrival. This section of the bill also eliminates the 45-minute deadline to clear arriving passengers.
Require new travel document measures. Requires all visas, passports, and other travel documents to be fraud and tamper-resistant and contain biometric data by October 26, 2003.
Increase scrutiny on nonimmigrants from certain countries. Prohibits the issuance of nonimmigrant visas to nationals from countries designated as state sponsors of international terrorism, unless the Secretary of State, after consulting with the Attorney General and the heads of other appropriate agencies, determines that the individuals pose no safety or security threat to the United States.
Institute student visa reforms. Reforms the student visa process by:

Requiring the Attorney General to notify schools of the student's entry and requiring the schools to notify the INS if a student has not reported to school within 30 days at the beginning of an academic term. (The monitoring program does not, at present, collect such critical information as the student's date of entry, port of entry, date of school enrollment, date the student leaves school (e.g., graduates, quits), and the degree program or field of study. That and other significant information will now be collected.)

Requiring the INS, in consultation with the State Department, to monitor the various steps involved in admitting foreign students and to notify the school of the student's entry. It also requires the school to notify INS if a student has not reported for school no more than 30 days after the deadline for registering for classes.

Mandating the INS to conduct a periodic review of educational institutions to monitor their compliance with record-keeping and reporting requirements. (If an institution or program fails to comply, their authorization to accept foreign students may be revoked. While the INS currently reviews educational institutions, reviews have not been done consistently in recent years and some schools are not diligent in their record-keeping and reporting responsibilities.)

Increase border personnel. This section authorizes an increase of at least 1,000 INS inspectors, 1,000 INS investigative personnel, 1,000 Customs Service inspectors, and additional associated support staff in each of the fiscal years 2002 through 2006 to be employed at either the northern or southern border.

Increase INS pay and staffing. To help INS retain border patrol officers and inspectors, this section would raise their pay grade and permit the hiring of additional support staff.

Enhance Border patrol and customs training. To enhance our ability to identify and intercept would-be terrorists at the border, funds are provided for the regular training of border patrol, customs agents, and INS inspectors. In addition, funds are provided to agencies staffing U.S. ports of entry for continuing cross-training, to fully train inspectors in using lookout databases and monitoring passenger traffic patterns, and to expand the Carrier Consultant Program.

Improve DOS information and training. This section authorizes funding to improve the security features of the Department of State's (DOS) screening of visa applicants. Improved security features include: better coordination of international intelligence information; additional staff; and continuous training of consular officers.



	U.S. Senate Today Begins Debate on New Feinstein Border Security Bill April 12, 2002 Washington, DC - The U.S. Senate today began the consideration of the Enhanced Border Security and Visa Entry Reform Act, legislation sponsored by Senators Dianne Feinstein (D-Calif.), Edward Kennedy (D-Mass.), Jon Kyl (R-Arizona) and Sam Brownback (R-Kansas) that would help prevent terrorists from entering the United States through loopholes in our immigration system. The House passed this bill by voice vote on December 19, 2001 and a vote in the Senate is expected next week. The legislation (S.1749/H.R. 3525) has 61 cosponsors in the Senate. "September 11^th clearly pointed out to the shortcomings of our immigration and visa system," Senator Feinstein said. "It is unconscionable that a terrorist might be permitted to enter the United States simply because our government agencies don't share information. This bill is an important and strong first step toward fixing that system. It would dishonor the innocent victims of September 11^th and the brave men and women of our armed forces who are defending our freedom at this very instant if we fail in this effort." The Enhanced Border Security and Visa Entry Reform Act would: Create interoperable data system. The Administration would be required to develop and implement an interoperable law enforcement and intelligence data system by October 26, 2003 to provide the INS and State Department immediate access to relevant law enforcement and intelligence information. The database would be accessible to foreign service officers issuing visas, federal agents determining the admissibility of aliens to the U.S. and law enforcement officers investigating and identifying aliens. The bill also prevents and protects against the misuse of such data. Reform the visa waiver program. The bill would require that each country participating in the visa waiver program issue tamper-resistant, machine-readable biometric passports to its nationals by 2003. Require the reporting of lost or stolen passports. The INS would be required to enter stolen or lost passport numbers into the interoperable data system within 72 hours of notification of loss or theft. And until that system is established, the INS must enter that information into an existing data system. Require new requirements for passenger manifests. All commercial flights and vessels coming to the U.S. from international ports must provide manifest information about each passenger, crew member, and other occupant prior to arrival. This section of the bill also eliminates the 45-minute deadline to clear arriving passengers. Require new travel document measures. Requires all visas, passports, and other travel documents to be fraud and tamper-resistant and contain biometric data by October 26, 2003. Increase scrutiny on nonimmigrants from certain countries. Prohibits the issuance of nonimmigrant visas to nationals from countries designated as state sponsors of international terrorism, unless the Secretary of State, after consulting with the Attorney General and the heads of other appropriate agencies, determines that the individuals pose no safety or security threat to the United States. Institute student visa reforms. Reforms the student visa process by: Requiring the Attorney General to notify schools of the student's entry and requiring the schools to notify the INS if a student has not reported to school within 30 days at the beginning of an academic term. (The monitoring program does not, at present, collect such critical information as the student's date of entry, port of entry, date of school enrollment, date the student leaves school (e.g., graduates, quits), and the degree program or field of study. That and other significant information will now be collected.) Requiring the INS, in consultation with the State Department, to monitor the various steps involved in admitting foreign students and to notify the school of the student's entry. It also requires the school to notify INS if a student has not reported for school no more than 30 days after the deadline for registering for classes. Mandating the INS to conduct a periodic review of educational institutions to monitor their compliance with record-keeping and reporting requirements. (If an institution or program fails to comply, their authorization to accept foreign students may be revoked. While the INS currently reviews educational institutions, reviews have not been done consistently in recent years and some schools are not diligent in their record-keeping and reporting responsibilities.) Increase border personnel. This section authorizes an increase of at least 1,000 INS inspectors, 1,000 INS investigative personnel, 1,000 Customs Service inspectors, and additional associated support staff in each of the fiscal years 2002 through 2006 to be employed at either the northern or southern border. Increase INS pay and staffing. To help INS retain border patrol officers and inspectors, this section would raise their pay grade and permit the hiring of additional support staff. Enhance Border patrol and customs training. To enhance our ability to identify and intercept would-be terrorists at the border, funds are provided for the regular training of border patrol, customs agents, and INS inspectors. In addition, funds are provided to agencies staffing U.S. ports of entry for continuing cross-training, to fully train inspectors in using lookout databases and monitoring passenger traffic patterns, and to expand the Carrier Consultant Program. Improve DOS information and training. This section authorizes funding to improve the security features of the Department of State's (DOS) screening of visa applicants. Improved security features include: better coordination of international intelligence information; additional staff; and continuous training of consular officers. # # #