Summary of the Enhanced Border Security Act of 2001 Introduced by
Senator Kennedy and Senator Brownback
November 1, 2001
For Immediate Release Contact: Stephanie Cutter (202)
224-2633
The Enhanced Border Security Act will strengthen the security of our
borders and enhance our ability to deter potential terrorists.
One of the main goals of this legislation is to improve coordination
and information-sharing by the State Department, the Immigration and
Naturalization Service, and law enforcement and intelligence agencies.
Building on the progress made by the anti-terrorism bill to provide the
INS and State Department with access to FBI information, this legislation
directs the State Department, the INS and the Director of Central
Intelligence to work with the Office of Homeland Security and the newly
created Foreign Terrorist Tracking Task Force, to devise and implement a
plan to provide the State Department and the INS with greater access to
intelligence and law enforcement information from the CIA, NSA, DIA and
other intelligence agencies. This plan will be developed and implemented
in consultation with the appropriate congressional committees, and will
provide information critical to the State Department and the INS in their
efforts to identify and intercept terrorists.
Improving the resources, training, and technology available to our
border personnel is also critical. This legislation waives the limitation
on the hiring of full-time personnel, giving greater control to decision
makers at the border; it raises the pay of INS border personnel; and it
provides customs agents and border patrol with essential training and
cross-training. Funds are authorized to improve the screening of visa
applicants and to enhance technology available to the INS and Customs
Service. To offset the costs of such improvements, the INS is authorized
to increase land border fees and the State Department is authorized to
raise fees from the use of machine-readable visas.
By enhancing our efforts to screen passengers to the U.S. at their
ports of departure, we can improve the security of our North American
perimeter. To achieve this goal, the State Department and the INS, in
consultation with the Office of Homeland Security and the Task Force, are
required to conduct a comprehensive study to determine how best to screen
travelers to the United States, Canada, and Mexico.
We must also strengthen our ability to monitor foreign nationals in the
United States. This legislation gives greater direction to the INS for
implementing an integrated entry and exit data system. Consideration
should be given to integrating the North American perimeter program,
implementing a technology standard for confirming identities, using
biometric identifiers, and requiring machine-readable visas and passports.
Foreign service officers are a primary defense in the fight against
terrorism. In addition to the training they currently receive to detect
persons likely to overstay their visas, this legislation requires that
they must be trained specifically to identify potential terrorists. As
another precaution, the State Department is prohibited from issuing visas
to foreign nationals from countries that sponsor terrorism, unless
appropriate clearances are performed.
The anti-terrorism bill improved the monitoring of foreign students and
exchange visitors, but gaps still exist. This legislation requires that
the student monitoring program collect additional information on the
status of foreign students in the U.S. It also improves the reporting
requirements placed on the INS, the State Department and educational
institutions. In addition, it requires the INS, in consultation with the
Department of Education, to periodically review institutions enrolling
foreign students and receiving exchange visitors, to ensure that they
adhere to the mandated reporting and record-keeping requirements.
INS currently has difficulty retaining well-qualified inspectors at our
borders. By giving the same retirement benefits to these individuals as
other law enforcement personnel, this legislation provides an incentive
that will help INS keep trained personnel.
Biometric technology can significantly improve the security of our
borders by reducing the possibility of fraud. The Department of State has
the ability to issue biometric border-crossing cards. Many persons
crossing our borders have received such cards, but because INS does not
have the machines needed to read the cards, the system is not adequate. In
addition, the deadline for allowing persons to purchase the cards has
passed. Funds are authorized by the legislation to enable INS to purchase
the machines needed to read the cards, and the deadline for purchasing the
cards is extended.
When planes land at our airports, inspectors are now under excessive
time constraints to clear the planes and ensure the safety of all
departing passengers. The legislation removes the existing 45 minute
deadline, and provides inspectors with additional time to clear and secure
aircraft.
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