S 1618 IS

To enhance the border security of the United States, and for other purposes.

November 1, 2001

Mr. KENNEDY (for himself, Mr. BROWNBACK, Ms. CANTWELL, Ms. COLLINS, Mr. EDWARDS, Mr. HAGEL, Mr. REID, and Mr. ENSIGN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

To enhance the border security of the United States, and for other purposes.

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 `Enhanced Border Security Act of 2001'.

SEC. 2. ACCESS TO AND COORDINATION OF LAW ENFORCEMENT AND OTHER INFORMATION.

(a) REPORT IDENTIFYING LAW ENFORCEMENT AND INTELLIGENCE INFORMATION-

(1) REQUIREMENT FOR REPORT- Not later than 90 days after the date of enactment of this Act, the Secretary of State, the Commissioner of Immigration and Naturalization, and the Director of Central Intelligence shall jointly submit to the appropriate committees of Congress a report identifying the information being collected by all of the United States law enforcement agencies and the intelligence community that is needed by the Department of State and the Immigration and Naturalization Service to screen visa applicants and applicants for admission to the United States to identify those aliens inadmissible or deportable under the Act.

(2) COOPERATION BY SOURCES OF INFORMATION- Upon receipt of a request from the Secretary of State, the Commissioner of Immigration and Naturalization, the Director of Central Intelligence, or the Director of the Office of Homeland Security for assistance or cooperation in the preparation of the report under this subsection, the head of a United States law enforcement agency or the appropriate official within the intelligence community shall provide the requested assistance or cooperation.

(b) COORDINATION PLAN-

(1) REQUIREMENT FOR PLAN- Based on the findings of the report under subsection (a), the Secretary of State, the Commissioner of Immigration and Naturalization, and the Director of Central Intelligence shall, not later than 120 days after the submittal of the report under that subsection, jointly develop and implement a plan that requires United States law enforcement agencies and the intelligence community to provide to the Department of State and the Immigration and Naturalization Service all information identified in the report under subsection (a) as expeditiously as practicable.

(2) CONSULTATION REQUIREMENT- In the preparation and implementation of the plan under this subsection, the Secretary of State, the Commissioner of Immigration and Naturalization, and the Director of Central Intelligence shall consult with the appropriate committees of Congress.

(3) PROTECTIONS REGARDING INFORMATION AND USES THEREOF- The plan under this subsection shall establish conditions for using the information described in subsection (a) received by the Department of State and Immigration and Naturalization Service--

(A) to limit the redissemination of such information;

(B) to ensure that such information is used solely to determine whether to issue a visa to an alien or to determine the admissibility of alien to the United States;

(C) to ensure the accuracy, security, confidentiality, and destruction of such information;

(D) to protect any privacy rights of individuals who are subjects of such information;

(E) to provide for the timely removal of obsolete or inaccurate information; and

(F) in a manner that protects the source and method used to acquire intelligence information as required by section 103(c)(6) of the National Security Act of 1947 (50 U.S.C. 403-3(c)(6)).

(c) INTEROPERABLE LAW ENFORCEMENT AND INTELLIGENCE DATA SYSTEM-

(1) REQUIREMENT FOR INTEROPERABLE DATA SYSTEM- Not later than one year after the commencement of implementation of the plan required by subsection (b), the Secretary of State, the Attorney General, the Commissioner of Immigration and Naturalization, and the Director of Central Intelligence shall develop and implement a unified electronic data system to provide current and immediate access to information in databases of United States law enforcement agencies and the intelligence community that is relevant to determine whether to issue a visa or to determine the admissibility of an alien to the United States.

(2) CONSULTATION REQUIREMENT- In the development and implementation of the data system under this subsection, the Secretary of State, the Attorney General, the Commissioner of Immigration and Naturalization, and the Director of Central Intelligence shall consult with the Director of the Office of Homeland Security, the Foreign Terrorist Tracking Task Force, United States law enforcement agencies, and the intelligence community.

(3) TECHNOLOGY STANDARD- The data system developed and implemented under this subsection, and the databases referred to in paragraph (1), shall utilize the technology standard established pursuant to section 403(c) of the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001.

(4) ACCESS TO INFORMATION IN DATA SYSTEM- Subject to paragraph (5), information in the data system under this subsection shall be readily and easily accessible as follows:

(A) To any foreign service office responsible for the issuance of visas.

(B) To any Federal agent responsible for determining the admissibility of an alien to the United States.

(5) LIMITATION ON ACCESS- The Secretary of State, the Attorney General, and the Director of Central Intelligence shall establish procedures to restrict access to intelligence information in the data system under this subsection, and the databases referred to in paragraph (1), under circumstances in which such information is not to be disclosed directly to government officials under paragraph (4).

(d) ADDITIONAL CONSULTATION REQUIREMENTS- In the preparation of the report required by subsection (a), and in the development and implementation of the plan required by subsection (b), the Secretary of State, the Commissioner of Immigration and Naturalization, and the Director of Central Intelligence shall consult with the Director of the Office of Homeland Security and the Foreign Terrorist Tracking Task Force.

(e) DEFINITIONS- In this section:

(1) The term `appropriate committees of Congress' means the following:

(A) The Committee on the Judiciary and the Select Committee on Intelligence of the Senate.

(B) The Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives.

(2) 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)).

SEC. 3. ENSURING ADEQUATE PERSONNEL AT PORTS OF ENTRY AND TECHNOLOGY IMPROVEMENTS AT PORTS OF ENTRY AND CONSULAR POSTS.

(a) FTE LIMITATION- The Attorney General is authorized to waive any limitation on the number of full-time equivalent personnel assigned to the Immigration and Naturalization Service.

(b) INS STAFFING- There are authorized to be appropriated such sums as may be necessary to meet the Immigration and Naturalization Service staffing levels estimated as required by the current Workforce Analysis Models for United States ports of entry. Such staffing level authorization shall require the necessary numbers of border patrol and inspectors payable at a GS-11 level, inspections assistants to be paid at a GS-7 level, and the associated clerical support staff at the specified General Schedule level in such models.

(c) TRAINING- There are authorized to be appropriated such sums as may be necessary--

(1) to appropriately train Border Patrol personnel, United States Customs Service personnel, and Immigration inspectors on an ongoing basis to ensure that their proficiency levels are acceptable to protect the borders of the United States; and

(2) to provide adequate continuing cross training to agencies staffing the United States ports of entry to effectively and correctly apply applicable United States laws.

(d) UNITED STATES DEPARTMENT OF STATE; BUREAU OF CONSULAR AFFAIRS- There are authorized to be appropriated such sums as may be necessary--

(1) to implement enhanced security measures for the review of visa applicants;

(2) to enhance intelligence interface with United States and international intelligence information;

(3) to staff the associated infrastructure; and

(4) to provide ongoing training for consular officers.

(e) FUNDING OF TECHNOLOGY-

(1) AUTHORIZATION OF APPROPRIATIONS- In addition to funds otherwise available for such purpose, there are authorized to be appropriated $50,000,000 to the Immigration and Naturalization Service, and $50,000,000 to the United States Customs Service, for purposes of--

(A) making improvements in technology (including infrastructure support, computer security, and information technology development) for improving border security; and

(B) expanding, utilizing, and improving technology at ports of entry to improve border security.

(2) WAIVER OF FEES- Federal agencies involved in border security shall, when practicable, waive enrollment fees for technology-based programs to encourage alien participation in such programs.

(3) OFFSET OF INCREASES IN FEES- The Attorney General shall, to the extent reasonable, increase land border fees for the issuance of arrival-departure documents to offset technology costs.

(f) MACHINE READABLE VISA FEES-

(1) REPEAL- Section 140(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended by striking paragraph (3).

(2) AMOUNT- The machine readable visa fee charged by the Department of State initially shall be the higher of $65 or the cost of the machine readable visa service, as determined by the Department of State through a cost-of-service study.

(3) 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 non-machine readable passport.

(4) AVAILABILITY OF COLLECTED FEES- Amounts collected as fees described in this subsection 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.

SEC. 4. PERIMETER NATIONAL SECURITY PROGRAM.

(a) STUDY OF PERIMETER NATIONAL SECURITY PROGRAM- The Secretary of State and the Commissioner of Immigration and Naturalization, in consultation with the Director of the Office of Homeland Security and the

Foreign Terrorist Tracking Task Force, shall jointly conduct a study of the costs, procedures, and implementation alternatives of a Perimeter National Security Program, which shall involve a review of, at least the following:

(1) NORTH AMERICAN NATIONAL SECURITY COOPERATIVE- The feasibility of establishing a cooperative task force of the appropriate representatives of Canada, Mexico, and the United States to establish, implement, and monitor an intercountry system to evaluate and determine the admission of foreign nationals based on national security concerns, including the monitoring of the entry and exit of foreign nationals from such countries.

(2) PRECLEARANCE- A program enabling foreign national travelers to the United States to submit voluntarily to a preclearance procedure established by the Department of State and the Immigration and Naturalization Service to determine whether such traveler is admissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182). For each traveler determined to be admissible under such procedure, the processing of the traveler's admission upon arrival to the United States shall be expedited upon confirmation of identity. In the conduct of the element of the study under this paragraph, consideration shall be given to the feasibility of expanding the preclearance program to include the preclearance both of foreign nationals traveling to Canada and foreign nationals traveling to Mexico.

(3) PREINSPECTION- The number, location, and cost of establishing, staffing, and providing for the training of inspectors to be assigned to foreign preinspection facilities to determine admissibility to the United States under section 212 of the Immigration and Nationality Act, including--

(A) the feasibility of expanding foreign preinspections to foreign nationals on flights destined for Canada and Mexico; and

(B) the feasibility of cross training and funding of inspectors from Canada and Mexico.

(4) CONDITIONS- The measures necessary to satisfy the conditions required by section 235A(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1225a(a)(5)).

(b) REPORT- Not later than 180 days after the date of enactment of this Act, the Secretary of State and the Commissioner of Immigration and Naturalization shall, in consultation with the Director of the Office of Homeland Security, jointly submit to the Committees on the Judiciary of the House of Representatives and the Senate a report setting forth the findings of the study conducted under subsection (a).

(c) FUNDING- There is authorized to be appropriated such sums as may be necessary to carry out this section.

SEC. 5. IMPLEMENTATION OF INTEGRATED ENTRY AND EXIT DATA SYSTEM.

(a) IMPLEMENTATION OF INTEGRATED ENTRY AND EXIT SYSTEM AT PORTS OF ENTRY AND ENHANCEMENT OF SECURITY OF LAND BORDER PORTS OF ENTRY- In light of the terrorist attacks perpetrated against the United States on September 11, 2001, the Commissioner of Immigration and Naturalization shall, in consultation with the Secretary of State, fully implement the integrated entry and exit data system for ports of entry, as specified in the Immigration and Naturalization Service Data Management Improvement Act of 2000 (Public Law 106-215), with all deliberate speed and as expeditiously as practicable.

(b) DEVELOPMENT OF ENTRY AND EXIT SYSTEM AND ENHANCED SECURITY AT PORTS OF ENTRY- In developing the integrated entry and exit data system for the ports of entry as specified in subsection (a), the Commissioner of Immigration and Naturalization and the Secretary of State shall consider--

(1) implementing the Perimeter National Security Program's implementation;

(2) implementing, funding, and using a technology standard to confirm identity at United States ports of entry and at consular posts abroad;

(3) using biometric identifiers in conjunction with issuance of any arrival-departure record, any type of visa to be issued by the Department of State, and any travel document issued to an alien by either the Department of State or the Immigration and Naturalization Service;

(4) requiring machine readable visas and passports for entry;

(5) creating a database containing the arrival and departure data from machine readable visas, passports, and arrival-departure records;

(6) integrating all security databases relevant to making an admissibility determination under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182);

(7) using visa issuance data from the Department of State's visa issuance database to create the initial record for travelers for whom the visa requirements are not waived under section 214 or 217 of the Immigration and Nationality Act or any other provision of such Act; and

(8) implementing technologies that facilitate the cross-border movement of persons and commerce without compromising the safety and security of the United States.

SEC. 6. FOREIGN SERVICE OFFICER TRAINING.

(a) TRAINING- The Secretary of State shall require that all Foreign Service officers, before undertaking to perform consular responsibilities, receive specialized training in the effective screening of visa applicants who pose a potential threat to the safety or security of the United States. These officers shall be specially and extensively trained in the identification of aliens inadmissible under section 212(a)(3) (A) and (B) of the Immigration and Nationality Act, interagency and international intelligence communication regarding terrorists and terrorism, and cultural-sensitivity toward visa applicants.

(b) REPORT- Not later than 180 days after the date of enactment of this Act, the Secretary of State shall submit to Congress a report regarding the establishment of relevant training programs.

(c) USE OF FOREIGN INTELLIGENCE INFORMATION- As an ongoing component of the training required

in subsection (a), the Secretary of State shall coordinate with the Director of the Office of Homeland Security, United States law enforcement agencies, and the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)), to compile and disseminate to the Bureau of Consular Affairs reports, bulletins, updates, and other current unclassified information relevant to terrorists and terrorism and to screening visa applicants who pose a potential threat to the safety or security of the United States.

(d) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated such sums as may be necessary to implement this section.

SEC. 7. PASSENGER MANIFEST INFORMATION.

(a) IN GENERAL- Every international commercial air carrier arriving in the United States from a foreign state shall be required to provide to the Attorney General manifest information specified in subsection (b) in advance of such arrival.

(b) INFORMATION- The information to be provided with respect to each person listed on the manifest may include--

(1) complete name;

(2) date of birth;

(3) citizenship;

(4) sex;

(5) passport number and country of issuance;

(6) country of residence;

(7) United States visa number, date and place of issuance, where applicable;

(8) alien registration number, where applicable; and

(9) such other information as the Attorney General, in consultation with the Secretary of State, determines is reasonable to protect safety and national security.

(c) REVIEW- Information provided under this section shall be reviewed against all intelligence and law enforcement databases available to the Attorney General.

(d) PROCEDURES FOR THE ELECTRONIC TRANSMISSION OF MANIFEST INFORMATION- Not later than January 1, 2003, every international commercial air carrier subject to the requirements of this section shall develop procedures to permit the electronic transmission of manifest information required by this section.

SEC. 8. FOREIGN STUDENT AND EXCHANGE VISITOR PROGRAM.

(a) DATA COLLECTION- Section 641(c)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 is amended--

(1) by striking `and' at the end of subparagraph (C);

(2) by striking the period at the end of subparagraph (D) and inserting `; and'; and

(3) by adding at the end the following:

`(E) the date of entry and port of entry;

`(F) the date of the alien's enrollment in an approved institution of higher education, other approved educational institution, or designated exchange visitor program in the United States; and

`(G) the date of the alien's termination of enrollment and the reason for such termination (including graduation, disciplinary action or other dismissal, and failure to re-enroll).'.

(b) REPORTING REQUIREMENTS- Section 641(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a)) is amended by adding at the end the following:

`(3) ALIENS FOR WHOM A VISA IS REQUIRED- The Attorney General, in consultation with the Secretary of State, shall establish an electronic means to monitor and verify--

`(A) the issuance of documentation of acceptance of a foreign student by an approved institution of higher education or other approved educational institution, or of an exchange visitor program participant by a designated exchange visitor program;

`(B) the transmittal of the documentation referred to in subparagraph (A) to the Department of State for use by the Bureau of Consular Affairs;

`(C) the issuance of a visa to a foreign student or an exchange visitor program participant;

`(D) the admission into the United States of the foreign student or exchange visitor program participant;

`(E) the notification to an approved institution of higher education, other approved educational institution, or exchange visitor program that the foreign student or exchange visitor participant has been admitted into the United States;

`(F) the registration and enrollment of that foreign student in such approved institution of higher education or other approved educational institution, or the participation of that exchange visitor program in such designated exchange visitor program, as the case may be; and

`(G) any other relevant act by the foreign student or exchange visitor program participant, including a changing of school or designated exchange visitor program and any termination of studies or participation in a designated exchange visitor program.

`(4) REPORTING REQUIREMENTS- Not later than 15 days after the commencement of an academic term of an approved institution of higher education or other approved educational institution for which documentation is issued for an alien as described in paragraph (3)(A), or the scheduled commencement of participation by an alien in a designated exchange visitor program, as the case may be, the institution or program, respectively, shall report to the Immigration and Naturalization Service any failure of the alien to enroll or to commence participation pursuant to the certification of that institution or program.'.

SEC. 9. SPECIAL PROVISION FOR CERTAIN NONIMMIGRANTS.

No nonimmigrant visa shall be issued to any alien from a country designated by the Secretary of State to

be a state sponsor of terrorism until appropriate clearances are conducted on such alien and it has been determined that such alien does not pose a threat to the safety or national security of the United States.

SEC. 10. REVIEW OF INSTITUTIONS AND OTHER ENTITIES AUTHORIZED TO ENROLL OR SPONSOR CERTAIN NONIMMIGRANTS.

(a) PERIODIC REVIEW OF COMPLIANCE- The Commissioner of Immigration and Naturalization, in consultation with the Secretary of Education, shall conduct periodic reviews of the institutions certified to receive nonimmigrant students under section 101(a)(15) (F), (M), or (J) of the Immigration and Nationality Act. Each review shall determine whether the institutions are in compliance with--

(1) recordkeeping and reporting requirements to receive nonimmigrant students under section 101(a)(15) (F), (M), or (J) of that Act; and

(2) recordkeeping and reporting requirements under section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372).

(b) PERIODIC REVIEW OF SPONSORS OF EXCHANGE VISITORS-

(1) REQUIREMENT FOR REVIEWS- The Secretary of State shall conduct periodic reviews of the entities designated to sponsor exchange visitor program participants under section 101(a)(15)(J) of the Immigration and Nationality Act.

(2) DETERMINATIONS- On the basis of reviews of entities under paragraph (1), the Secretary shall determine whether the entities are in compliance with--

(A) recordkeeping and reporting requirements to receive nonimmigrant exchange visitor program participants under section 101(a)(15)(J) of the Immigration and Nationality Act; and

(B) recordkeeping and reporting requirements under section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372).

(c) EFFECT OF FAILURE TO COMPLY- Failure of an institution or other entity to comply with the recordkeeping and reporting requirements to receive nonimmigrant students or exchange visitor program participants under section 101(a)(15) (F), (M), or (J) of the Immigration and Nationality Act, or section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372), may, at the election of the Commissioner of Immigration and Naturalization, result in the termination of the institution's approval to receive such students or the termination of the other entity's designation to sponsor exchange visitor program participants, as the case may be.

SEC. 11. TREATMENT OF IMMIGRATION INSPECTORS AS LAW ENFORCEMENT OFFICERS OF FEDERAL RETIREMENT PROGRAMS.

(a) CIVIL SERVICE RETIREMENT SYSTEM- Section 8331 of title 5, United States Code, is amended--

(1) in paragraph (20), by inserting `, and an immigration inspector' after `administrative position' in the first sentence;

(2) by striking `and' at the end of paragraph (27)(B);

(3) by striking the period at the end of paragraph (28) and inserting `; and'; and

(4) by adding at the end the following:

`(29) `immigration inspector' means--

`(A) an employee in a position in the Immigration and Naturalization Service the principal duties of which are to control and guard the boundaries and borders of the United States against illegal entry of aliens at ports of entry; and

`(B) an employee of the Immigration and Naturalization Service who is serving in a supervisory or administrative position to which the employee was transferred from a position described in subparagraph (A).'.

(b) FEDERAL EMPLOYEES' RETIREMENT SYSTEM- Section 8401 of title 5, United States Code, is amended--

(1) in paragraph (17)--

(A) by striking `and' at the end of subparagraph (C);

(B) by striking the period at the end of subparagraph (D) and inserting `; and'; and

(C) by adding at the end the following new subparagraph:

`(E) an immigration inspector;';

(2) by striking `and' at the end of paragraph (33);

(3) by striking the period at the end of paragraph (34) and inserting `; and'; and

(4) by adding at the end the following new paragraph

`(35) `immigration inspector' means--

`(A) an employee in a position in the Immigration and Naturalization Service the principal duties of which are to control and guard the boundaries and borders of the United States against illegal entry of aliens at ports-of-entry; and

`(B) an employee of the Immigration and Naturalization Service who is serving in a supervisory or administrative position to which the employee was transferred directly from a position described in subparagraph (A) after having served in such a position for at least three years.'.

(c) EFFECTIVE DATE AND APPLICABILITY-

(1) IN GENERAL- The amendments made by this section shall--

(A) shall take effect on the first day of the first applicable pay period that begins on or after the date of the enactment of this Act; and

(B) shall apply with respect to service performed on or after such effective date.

(2) SUPERVISORS AND ADMINISTRATORS- In the administration of paragraph (1)(B), a person serving in a supervisory or administrative position as described in section 8331(29)(B) or 8401(35)(B) of title 5, United States Code, on the effective date of this Act shall be treated as serving in a law enforcement officer position beginning on such date for the purposes of subchapter III of chapter 83 of such title and chapter 84 of such title.

SEC. 12. CERTAIN BORDER CROSSING IDENTIFICATION CARDS.

(a) EXTENSION OF DEADLINE FOR PRESENTATION- Section 104(b)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note) is amended by striking `5 years' and inserting `6 years'.

(b) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated for the Immigration and Naturalization Service such sums as may be necessary for the Service to purchase and implement the technology for electronically reading border crossing identification cards and for access to appropriate databases.

SEC. 13. REPEAL OF TIME LIMITATION ON INSPECTIONS.

Section 286(g) of the Immigration and Nationality Act (8 U.S.C. 1356(g)) is amended by striking `, within forty-five minutes of their presentation for inspection,'.

END