United States Senator Dianne Feinstein

"The bill signed into law by the President today is the first since I have been in the immigration committee that reflects our nation's security concerns as such.

The legislation provides the agencies with responsibility for maintaining the security of our borders-INS, Border Patrol, Customs, the State Department, the FBI and others--with the structure, the technology, and the resources necessary to do the job.

We have plugged some of the major loopholes in the law. The agencies now must close the holes in our borders. The work of Congress, however, is not finished either. Going forward, Congress must maintain its commitment to adequately funding and implementing this important legislation.

Congress must also be prepared to be vigilant. We must exercise sufficient oversight so that if new loopholes in the law become apparent, we must quickly and decisively respond. If the agencies need additional legislation and resources to do their jobs, we must provide them with the support they need.

Nevertheless, nine months after September 11, we are taking a major step to closing the sieve that has been our border and visa entry system. Once implemented, however, these reforms will make it easier for law-abiding foreign nationals to visit or study here, and for law-abiding immigrants to establish their lives here.

More importantly, once they are here, their safety-and ours- will be greatly enhanced. I am pleased the President has joined me and my colleagues - Senators Kennedy, Kyl, and Brownback - in enacting this important legislation."

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 of 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.
Reporting stolen or lost 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.
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.
New travel document requirements. Requires all visas, passports, and other travel documents to be fraud and tamper-resistant and contain biometric data by October 26, 2003.
Provision 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.
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.)
More 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.
Better 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.
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.
Better 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.