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Student and Exchange Visitor Information System
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Enhanced Border Security
and Visa Entry Reform Act of 2001
Section-by-Section Explanation
Section 1. Short Title and Table of Contents
This Act may be cited as the Enhanced Border Security
and Visa Entry Reform Act of 2001.
Section 2. Definitions
Title
I - Funding
Section 101. Authorizes Appropriations
for Hiring and Training Government Personnel
Summary. This section considers what additional
staff and training is needed to secure security
on the northern and southern borders.
Background. The recent anti-terrorist act tripled
the number of Immigration and Naturalization Service
(INS) border patrol agents and inspectors who
are assigned to the northern border. Increasing
manpower will not, standing alone, improve our
border security. Additional steps must be taken,
and more personnel should be added to the southern
border.
More border personnel. This section authorizes
an increase of at least 200 INS inspectors, INS
investigative personnel, Customs Service inspectors,
and associated support staff in each of the fiscal
years 2002 through 2006 to be employed at either
the northern or souther border.
FTE limitation. The INS has a statutory limit
on how many full-time personnel it may hire. That
limit can now be waived by the Attorney General.
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, more staff, and continuous training
of consular officers.
Section 102. Authorizes Appropriations for Improvements
in Technology and
Infrastructure
Technology funding. An additional $150 million
is provided to both the INS and the Customs Service
to improve technology, expand the use of technology
that improves border security, and facilitate
the flow of commerce at ports of entry by improving
and expanding programs for pre-enrollment and
preclearance. Federal agnecies may waive enrollment
fees whenever possible, as an incentive for aliens
to voluntarily participate in new screening technologies.
The Attorney General may increase land border
fees to offset the new costs, and funding is authorized
to the INS, Customs Service, and State Department
to improve their infrastructure.
Readers and Scanners. The Attorney General is
required to begin installing biometric data readers
and scanners at every U.S. port of entry within
one year of enactment, and funds are authorized
as necessary to that end.
Section 103. Machine Readable Visas
Machine readable visas. The anti-terrorist act
dealt with machine readable passports (for nations
participating in the Visa Waiver Program) but
did not look at MRVs issued by the United States.
This section permits DOS to raise MRV fees (and
to levy a surcharge when a MRV is placed in a
non-machine readable passport) and allows the
DOS to continue to offset technology costs with
the MRV fees it collects.
Title II - Interagency
Information Sharing
Section 201. Access to and Coordination of Law
Enforcement and Other
Information
Summary. This section provides for a report,
a plan, and protections for information sharing
with DOS and INS.
Background. The events of September 11th demonstrated
that the Department of State and the Immigration
and Naturalization Service do not have access
to the information they need to identify and intercept
alien terrorists. Section 403 of the recent anti-terrorist
legislation requires the FBI to provide the DOS
and INS with access to NCIC-III and other databases
(in extract form). In turn, DOS has four months
to promulgate regulations to protect the information
shared by the FBI.
Report. At issue is the information that DOS
and INS need to screen visa applicants and applicants
for admission to the United States. No more than
120 days after enactment, the President must submit
a report to the appropriate Congressional Committees.
The report must identify the information that
the DOS and INS need from the law enforcement
and intelligence communities, including information
from foreign and international counterparts, to
screen visa applicants and identify individuals
who are inadmissable or deportable. The report
must also include specific recommendations on
the use and choice of biometric technology.
Plan. After the report is submitted, the President
has one year from the date of enactment of the
U.S.A. Patriot Act to develop and implement an
information-sharing plan, that would incorporate
the information identified in the report. As the
plan is implemented, the appropriate Congressional
Committees must be consulted.
Protections. The plan must contain certain protections
against the misuse of the information shared,
including limitations on the use and re-dissemination
of information, security and privacy protections,
and a procedure for the timely removal and destruction
of obsolete or erroneous information.
Criminal penalties. Anyone who obtains information
as laid out in the plan without authorization,
or exceeds authorized access, and uses the information
in a way that violates the limits described above,
will be subject to criminal penalties.
Data Systems. Not more than one year after the
plan is implemented, the President must consult
with the Director of the National Institute of
Standards and Technology (NIST) and any other
appropriate agency to develop and implement an
interoperable electronic data system to provide
immediate access to relevant law enforcement and
intelligence database information. The electronic
database system will be accessible to foreign
service officers issuing visas, federal agents
determining the admissibility of aliens to the
United States, and officers investigating and
identifying aliens.
Restrictions. The President must establish procedures
to restrict access to intelligence information
in the data system.
Interim Directive. Until the plan required under
this section is implemented, U.S. law enforcement
agencies and the intelligence community must share
information with DOS and INS relevant to the admissibility
and deportability of aliens.
Section 202. Name Matching Capacity and Training
Name Matching Capacity and Training. This section
would require the new interoperable data system
to include sophisticated, linguistically based
name-matching algorithms so that the computers
can recognize that "Muhamad Usman Abdel Raqeeb"
and "Haj Mohd Othman Abdul Rajeeb" are transliterations
of the same name. New algorithms would be required
for at least four priority languages.
Data Interchange. The amendment would require
agencies to ensure that names can be matched even
when they are stored in different sets of fields
in different databases.
User Education and Support. The amendment would
require the unified data system to offer sophisticated
user support, including a question-and-answer
system with experts, so that the agents on the
front lines get the information they need about
names.
Funding Authorized and Progress Reports Required.
The legislation would authorize the necessary
funds for these data improvements and require
regular reports to Congress on the progress of
the name-matching efforts. No more than 12 months
after enactment, the Secretary of State, the Attorney
General, the Secretary of the Treasury, the Commissioner
of Immigration and Naturalization, the Directors
of Central Intelligence and the FBI are required
to develop and implement and interoperable electronic
data system to give immediate access to current
information in databases of U.S. law enforcement
agencies and the intelligence community that is
relevant to visa issuance and admissibility or
deportability..
Title III - Visa Issuance
Section 301. Electronic Transmission
of Visa Files
Electronic visa files. Consular officers issuing
a visa to an alien are required to transmit an
electronic version of the alien's visa file to
the INS so that the file is available to immigration
inspectors at U.S. ports of entry before the alien's
arrival.
Section 302. Implementation of an Integrated
Entry and Exit Data System
Summary. IIRIRA and the USA Patriot Act created
the skeleton for the E/E system; this section
describes what the system should contain.
Background. IIRIRA mandated the creation of a
system to record the entry and exit of every non-U.S.
citizen who enters the United States. The anti-terrorist
act directed the Attorney General to fully implement
the "E/E" system as soon as possible, with special
instructions to look into biometric and tamper-resistant
technologies.
Implementation of E/E system. First, this section
directs the DOJ and DOS to consider several items
in fully implementing the E/E system, including
development of a system that would: implement,
fund, and use a technology standard pursuant to
the USA Patriot Act at U.S. ports of entry and
consular posts; create a database for compiling
arrival/departure data; and make all security
databases involved in determining the admissibility
of aliens interoperable. In implementing this
system, the INS and DOS must use technologies
that facilitate lawful cross-border movement,
and they must consider implementing the Perimeter
National Security Program discussed in Section
401 of this bill.
Section 303. Machine-Readable, Biometric Travel
Documents and Passports
Documents. No later than October 26, 2003, the
Attorney General and the Secretary of State must
begin issuing machine readable, tamper resistant,
travel documents with biometric identifiers. They
must also require tamper resistant, biometric,
machine-readable passports for entry of individuals
from countries participating in the visa waiver
program.
Section 304. Terrorist Lookout Committees and
Training for Consular Officers
Summary. Each embassy or consulate that issues
visas must establish a terrorist lookout committee,
and consular officers must receive special training
in identifying potential terrorists and other
security threats.
Background. The training that most foreign service
officers have received is oriented toward identifying
visa fraud generally and immigrant intent in nonimmigrant
visa applicants. Instead, consular officers should
focus more attention on persons who pose a safety
or security threat.
Terrorist Lookout Committees. Not later than
30 days after enactment, the Secretary of State
is required to establish a terrorist lookout committee
within each U.S. consulate abroad. The purpose
of the committees will be to use the resources
of the consulate to identify potential terrorists
and develop information on those individuals.
In addition, the committees will be responsible
for regularly notifying the appropriate person
in the consulate of suspected terrorists and ensuring
that the names of those suspects are included
in the appropriate lookout databases. This section
also provides for the composition and timing of
committee meetings and requires regular reports
from the committees.
Special training. This section would require
consular officers to receive specific training
in interagency and international intelligence
communication regarding terrorism and cultural
sensitivity. It would also require that international
and other intelligence be shared with the consular
officers who screen visa applicants.
Funding. Funds are authorized as necessary to
implement this section.
Section 305. Provision on Nonimmigrants From
Certain Countries
Summary. No nonimmigrant visa may be issued to
an alien from a country designated as a state-sponsor
of terrorism, unless the Secretary of State, after
consulting with the Attorney General, determines
that the alien poses no safety or security threat
to the United States.
Background. The DOS maintains a list of countries
that are considered state-sponsors of terrorism.
Visa applications submitted by individuals coming
from those countries should be highly scrutinized.
Section 306. Reform of the Visa Waiver Program
Visa Waiver Program. This section provides for
a country to be treated as a participant in the
visa waiver program if the Secretary of State
and the Attorney General jointly determine that
the country transmits reports of blank passport
thefts to the U.S. government in a timely manner.
Before admitting an alien, the INS must determine
that the alien does not appear in any appropriate
lookout database.
Section 307. Tracking System for Stolen Passports
The Attorney General must enter stolen passport
numbers into the interoperable data system within
72 hours of notification of loss or theft. And
until that system is established, the Attorney
General must enter that information into an existing
data system.
Title IV - Admission and
Inspection of Aliens
Section 401. Perimeter National Security
Program
Summary. The DOS, DOT, DOJ, and INS, in consultation
with the OHS, are required to study the feasibility
of screening travelers to the United States on
the U.S. "perimeter" and report back to Congress
within six months.
Background. To the degree that we can reasonably
and realistically do so, we should attempt to
intercept terrorists before they reach our borders.
Accordingly, we should consider security measures
not only at domestic ports of entry but also at
foreign ports of departure.
Canada and Mexico. This study requires a review
of the feasibility of establishing a collaborative
effort by Canada, Mexico, and the United States
to set up a North American national security cooperative
task force to establish and monitor the admission
of foreign nationals.
Preclearance and preinspection. The security
measures reviewed in determining the feasibility
of a perimeter national security program should
include the possibility of expanding and developing
procedures that screen travelers before they arrive
at the United States and then expedite their entry
once they do. Preclearance is a voluntary procedure
whereby a traveler to the United States submits
in advance to a screening for admissibility under
the immigration laws, thus speeding up the arrival
process because the inspector need only confirm
identity. Preinspection is a mandatory procedure
whereby an air traveler is screened by INS personnel
at a foreign airport before boarding the plane.
Section 402. Passenger Manifest Information
Summary. All arriving flights from a foreign
state must send passenger manifests in advance
of arrival.
Background. At present, United States airlines
transmit passenger manifests in advance of arrival
to the INS and Customs Service. A number of foreign
carriers do not. If passenger manifests are received
in advance of arrival, processing is more efficient,
and security screening greatly enhanced.
Manifests. All commercial flights and vessels
coming to the U.S. from outside the U.S. must
provide manifest information about each passenger,
crew member, and other occupant prior to arrival.
In addition, each vessel or aircraft departing
from the U.S. for any destination outside the
U.S., must provide manifest information before
departure. By 2003, the manifests must be transmitted
electronically. The Attorney General is authorized
to extend manifest requirements to any public
or private carrier transporting persons to or
from the U.S. Specific manifest information to
be included is outlined in this section.
Penalties. If manifest information is not provided,
or is inaccurately or incompletely provided, fines
may be charged.
Section 403. Pre-arrival Messages from Vessels
Prearrival information from other vessels. Receipt
of prearrival messages from any vessel destined
for the U.S. may be required no more than 96 hours
before the vessel's arrival. Specific manifest
information to be included is outlined in this
section.
Section 404. Repeal of Time Limitation on Inspections
Summary. This section eliminates the 45-minute
deadline for clearing arriving passengers and
directs the INS to staff ports of entry to adequately
meet traffic flow and inspection time objectives
without compromising safety and security.
Background. The preinspection section in INA
§ 286(g) requires INS to clear a plane in 45 minutes.
Given recent events, clearance procedures should
not be rushed. In addition, INS must staff ports
of entry adequately to confront the new security
threats.
Title V - Foreign Students
and Exchange Visitors
Section 501. Foreign Student Monitoring
Program
Summary. For the monitoring program to serve
our national security needs, there are data and
reporting gaps that must be filled.
Background. IIRIRA established a program to monitor
foreign students and exchange visitors but, apart
from a pilot program, it was never implemented.
The anti-terrorist act directed that the program
be fully put in place by 2003 and expanded the
schools covered by the monitoring program to include
flight schools, language training programs, and
vocational schools.
Reporting requirements. To enter the United States
as a foreign student, the following takes place:
the student gets an acceptance / immigration document
from an education institution (e.g., I-20, IAP-66),
takes that document to a consulate, applies for
a visa, enters the United States and is issued
an I-94, and reports to school.
The problem under the current system is that
the student's location is virtually unknown until
the student enrolls for school and is again unknown
if the student leaves school. The school has no
way of knowing if/when the student has received
a visa or entered the United States; the INS has
no way of knowing if the student has reported
for school; and the DOS has no way of knowing
if the student has entered the United States or
reported for school.
This section closes the gaps. It requires DOJ,
in consultation with DOS, 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.
Data collection. 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.
Transitional program. This section establishes
an interim system not later than 120 days after
enactment to be effective until the IIRIRA program
with the amendments above is implemented. Under
this temporary system, the DOS is prohibited from
issuing student visas unless DOS has received
evidence of acceptance documentation from an approved
academic or other institution and the consular
officer has adequately reviewed the applicant's
visa record. Before being issued a student visa,
aliens must supply additional information including
the alien's address, names and addresses of relatives,
and names of contacts who can verify information
about the alien. Once a visa is issued, the Secretary
of State must transmit to the INS notice that
the visa has been issued; the INS must notify
the academic institution that the alien has been
admitted to the U.S.; and the institution must
notify the INS not later than 30 days after the
deadline for registering for classes that the
alien as failed to enroll. In addition, within
30 days of enactment, the INS must provide DOS
with a list of approved institutions authorized
to receive nonimmigrants.
Section 502. Review of Institutions and Other
Entities Authorized to Enroll or Sponsor Certain
Nonimmigrants
Summary. The INS is now required to conduct a
periodic review of educational institutions to
monitor their compliance with recordkeeping and
reporting requirements. DOS is to conduct a similar
review with exchange visitor programs.
Background. While INS by regulation reviews educational
institutions, reviews have not been done consistently
in recent years. Some educational institutions
are not diligent in their recordkeeping and reporting
responsibilities.
Failure to comply. If an institution or program
fails to comply, their authorization to accept
foreign students may be revoked.
Title VI - Miscellaneous
Provisions
Section 601. Treatment of Immigration
Inspectors as Law Enforcement Officers for Federal
Retirement Programs
Summary. This section provides an incentive for
inspectors to remain with the INS by considering
them to be law enforcement officers for the purpose
of determining retirement benefits.
Background. The INS needs to retain experienced
inspectors. One disincentive for inspectors to
remain with the INS is the availability of superior
retirement benefits in other law enforcement agencies.
Section 602. Border-Crossing Cards.
Background. We must fully implement the use of
biometric border crossing cards and allow sufficient
time for individuals to obtain these cards. Many
of these cards are already in use, but the amount
of time allocated for individuals to acquire them
was not sufficient.
Summary. This legislation extends the deadline
for individuals crossing the border to acquire
the cards by a year so that their use can be expanded.
Section 603. General Accounting Office Study.
Background. At this time, we are not able to
locate nonimmigrant aliens in the United States.
Summary. This section requires the Comptroller
General to conduct a study to determine the feasibility
of requiring every nonimmigrant alien in the U.S.
to provide the INS with a current address, and
where applicable, the name and address of an employer.
In addition, the Comptroller General must report
to Congress within one year of enactment on the
results of the study with recommendations.
Section 604. International Cooperation.
Intergovernmental Network. The Secretary of State
and the Commissioner of the INS, in consultation
with the OHS Director, must conduct a study on
the procedures necessary for encouraging or requiring
countries participating in the Visa Waiver Program
to develop an intergovernmental network of interoperable
electronic data systems. The legislation provides
direction on what that network should entail and
directs the Secretary of State and the Attorney
General to submit a report to the appropriate
Congressional Committees within 90 days on the
findings.
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